CENTRAL CRIMINAL COURT
EIGHTH SESSION, HELD MAY 28TH, 1888.
MINUTES OF EVIDENCE.
TAKEN IN SHORT-HAND, BY
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
EDWARD T. E. BESLEY, ESQ.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
STEVENS AND SONS, 119, CHANCERY LANE,
Law Booksellers and Publishers.
On the Queen's Commission of
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,
Held on Monday, May 28th, 1888, and following days.
BEFORE the RIGHT HON. POLYDORE DE KEYSER, LORD MAYOR of the City of London; the Hon. Sir JAMES FITZJAMES STEPHEN, one of the Justices of Her Majesty's High Court of Justice; Sir THOMAS GABRIEL , Bart., Sir FRANCIS WYATT TRUSCOTT , Knt., Sir ROBERT NICHOLAS FOWLER , Bart., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., Recorder of the said City; JOSEPH SAVORY , Esq., STUART KNILL , Esq., GEORGE ROBERT TYLER , Esq., WALTER HENRY WILKIN , Esq., and FAUDEL PHILLIPS, Esq., other of the Aldermen of the said City; Sir WILLIAM THOMAS CHARLEY , Knt., Q.C., D.C.L., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., LL.D., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer, and General Gaol Delivery, holden for the said City, and Judges of the Central Criminal Court.
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 once in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, May 28th, 1888.
Before Mr. Recorder.
515. DANEIL HARRINGTON PLEADED GUILTY to stealing a brooch and other articles of Elizabeth Scott; also to a previous conviction in August, 1887, in the name of John Moore.— Twelve Months' Hard Labour.
516. OTTO LEOPOLD LIEBOLDM (19) to forging and uttering an order for payment of 3l. 14s.; also to obtaining two pairs of socks and 3l. 14s. in money, by false pretences.— [Pleaded Guilty: See original trial image.] Fifteen Months' Hard Labour.
517. WILLIAM CHART (21) to stealing, whilst employed in the Post-office, a letter containing a 20l., note; also three other letters containing postal orders; and EDWARD JAMES SMITH (21) to feloniously receiving part of the same. [Pleaded Guilty: See original trial image.] CHART— Ten Years' Penal Servitude. SMITH Five Years' Penal Servitude.
519. WILLIAM MASON (28) and CHARLES MILOFF (34) to a burglary in the dwelling-house of John Wood, and stealing a bag and other articles.— [Pleaded Guilty: See original trial image.] Six Months' Hard Labour each.
MR. RODGER Prosecuted; MR. GEOGHEGAN Defended.
CHARLES WHITTLER (Police Inspector X). On 19th April, at 10.10 pm., I was in Uxbridge, in company with Sergeant Andrews—I received information that a robbery had taken place at the Red Lion public-house at Hillingdon, about a mile and a quarter from Uxbridge—we met the prisoner, and seeing him in a heated state, I stopped him and asked him where he came from—he said "I am going to the New Inn to get a glass of something to drink, and I am then going back to Hillingdon—I directed Andrews to take him to the station—I went to Hillingdon to
make inquiry respecting the robbery—I examined the premises of the Red Lion—I found the top sash of the landing window down, and the roller blind behind the billiard-room door; Mrs. Ashton pointed out her bedroom, and on a chest of drawers I found this empty box or jewel case, it had been tampered with; a writing-desk was broken open, a box of taper matches was on the drawers, several of them had been lighted and thrown on the floor—outside the landing window was a roof and some boxes, by which a person could get to the ground—I found this blade of a table-knife on the prisoner, which corresponded with the marks on the jewel-case; the kitchen window was broken.
Cross-examined. We were in uniform when we met the prisoner; we were about 20 yards from him at first—I heard him say at the Uxbridge Sessions that he had seen a man throw these articles away and he picked them up—the prisoner is a stranger.
JAMES ANDREWS (Police Inspector). I was with Whittler when we met the prisoner; I took him into custody and took him to Uxbridge Station—he said there that he had a fearful pain in his inside and wanted to go to the w.c.—I took him there; he commenced fumbling in his trousers-pocket—I told him to leave it alone; I took him into the reserve-room and searched him, and found in his right-hand trousers pocket two silver bracelets, a gold watch and chain, an enamelled brooch, and a gold turquoise ring, this table-knife, and a pair of opera-glasses, and this watch-key, as to which he said "That is not hers—his knees were wet with mud as if he had been kneeling in the road—it was pouring with rain.
ANN ASHTON . I am landlady of the Bed Lion at Hillingdon—on the night of 19th April, about 20 minutes to 10, my maid-servant spoke to me; I heard the landing window bang down and a door slam, and I then heard the kitchen window smash—the articles produced are mine, and were safe in my house that night at 5 o'clock—I missed them immediately on being roused—the prisoner had lodged in my house from the Saturday before Easter till Easter Tuesday—my house is about a mile and a quarter from where the prisoner was stopped.
Cross-examined. The house was not closed till 11 o'clock—there an three entrances to the house—any person could get upstairs while the house was open—I had not seen the prisoner in the house that evening.
The Prisoner's Statement before the Magistrate. "On the evening of the 19th I came into Uxbridge. I saw Mrs. Ashton's man putting up the shutters; immediately after I heard a shout 'Stop!' or cries to that effect. I saw a man running out from the gate, by the side of Mrs. Ashton's house. I ran after him; as he ran down the road he threw some things, wrapped in a piece of paper. I picked them up and put them in my pocket; the man got away, and I have not seen him since. I met the sergeant half an hour after, or nearly so."
GUILTY . — Nine Months' Hard Labour.
MR. GILL Prosecuted.
Street Station about 7.50—I had with me a guard, Tierney, who sits beside me—when I got to the station I turned the cart round and backed it up to the pavement in front of the entrance—Tierney left me to get a truck—in order to get access to the back of the cart, where the mail bags are, it is necessary for me to pull a trigger which lets a bolt go, and then the bar can be lifted up and the doors opened—when Tierney had gone I heard a voice from behind, saying "Draw your bolt"—I drew it; almost immediately after I turned round and saw the prisoner running off with the mail bag, about two yards from the cart—he was seized by Tierney—I never saw the prisoner before.
JAMES TIERNEY . I am a messenger in the employment of the General Post-office—on the night, 25th April, I was with Davey—we had eight mail bags in the cart; one of them was the Lower Edmonton bag, containing letters—at the station I left the cart to go and get a truck—coming back towards the cart I saw the prisoner move the bar behind and pull the doors open and take the Lower Edmonton bag, and he then went about two yards from the cart, when I seized him—I asked him whether he was a Post-office official—he said "No"—I asked him what business he had to interfere with the mail bag—he said he had done it in a drunken freak, and he let the mail lag fall out of his possession, and I seized hold of him—he was quite sober.
WILLIAM EDE . I am a constable in the employment of the Great Eastern Railway Company—Tierney handed over the prisoner to me—I asked him what right he had to interfere with the mail bag—he replied that the driver told him to take them out—I took him to the police-office—when Tierney asked him what made him take them out, he said "Certainly I did, and I dropped them on the ground, but I did it in a drunken freak"—he was not drunk—some two years ago he was employed at the station, but he was discharged.
NORMAN THEODORE FRICKER (City Policeman 909). The prisoner was handed over to me—I told him I should charge him with attempting to steal the mail bag—he told me he did not intend to steal it; he was only going to assist the driver, as he knew him—he was sober.
Prisoner's Defence. I was not sober when I did it. I worked on the station three years and nine months.
GUILTY . — Nine Months' Hard Labour.
MR. GILL Prosecuted; MR. KEITH FRITH Defended.
FANNY WILM T BARRATT . I live at Jessops, Black more, near Ingatestone—I enclosed three two postal orders for 15s. and 4s. 1d. in a letter to Peter Robinson, Oxford Street, on 19th March, having filled in Peter Robinson's name as payee—I fastened the letter up—letters are taken from our place about 7 o'clock in the evening.
Cross-examined. I did not post it myself; it was given to a servant, who is not here.
Re-examined. Letters are given to the postman as he passes the house.
ROBERT ROMFORD HOADE . I am overseer of the Western District office, where the prisoner has been employed for a number of years as porter—in that capacity he would have access to all parts of the office, and to the
letters passing through—a letter addressed to Oxford Street, and given to a postman at Ingatestone about 7 o'clock on the 19th, would reach our office between 1.27 and 7a.m. on the 20th—on the 20th March the prisoner was on duty from midnight to 7 a.m.—letters would be turned out of the bag on to a table in the inner office, and there sorted—while that was going on the prisoner would be bringing bags into the office to the table—an overseer would be present, but not during the whole time of opening the bags—I know the prisoner's writing well—I believe these two signatures "Peter Robinson "are in the prisoner's writing.
Cross-examined. He has been in the Post-office about 11 years—he was previously employed at Newcastle—I know nothing about his references from Saffron Walden, Harwich, or Newcastle—there would be 300 or 400 people in the sorting-office at the time the letters were there, and in the same room as the letters were—there were six people super intending, and it was impossible to keep complete supervision therefore—I have the porter's attendance book; it shows that the prisoner was on extra duty during the night till 7 o'clock, and then at 12 o'clock he was on duty again—it was about 12 o'clock these postal orders are said to have been cashed—he would have from 7 o'clock to 12 o'clock to rest—the post-office at 148, Edgware Road, where the orders were cashed, is about 10 minutes' walk from ours in were Street—the prisoner lives at Princes Street, Edgware Road.
JOSEPH BOSTON . I am chief cashier at Peter Robinson's—I receive all remittances addressed to Peter Robinson—I did not receive these two postal orders for 15s. and 4s. 6d.—these are not the signatures of Mr. Robinson, nor of anybody by his authority.
ELIZA JANE TILLING . I am married—I am an assistant at the post-office, 148, Edgware Road—these two postal orders were presented to me for payment by the prisoner on the 22nd March; at the time I wrote on the back of them (I cannot remember it now)—I think the receipt to each order was signed at the time they were presented—I said "Did you sign these?"—he said "Yes"—I looked at the signature and asked him to write the name of the office—at that time I did not think the orders were his; but I should have asked him to do that in any case—I paid the prisoner the 19s. 6d.—I noticed the man; I am quite sure the prisoner is he—he wore a hard black hat—he had on a buckle ring like this—a few minutes after he left I put a description of him on the back of one of the orders, and afterwards I saw him among some other men at the Western District post-office; he had a uniform cap on—I then felt sure in my own mind that he was the man, but I said I would rather see him with a plain hat on first—I afterwards saw him among five other men and picked him out—he had on a plain hat then.
Cross-examined. I should not have been able to give Mr. Woodward a description without refreshing my memory from the description I had written—I wrote it on the back of the order for that reason—I did not attempt to give Mr. Woodward a description—I showed him the order, if I remember rightly—I identified the prisoner at the Vere Street office from five others—I only locked at him then, I did not identify him—I did not look at the other men—I saw him again at Bow Street, he was not then in uniform—I had written down "fair man"—I did not notice the other men particularly—I was asked if I knew the man, and I picked the
prisoner out—I looked casually at the others—I do not remember if they were fair or dark.
Re-examined. I went twice to were Street—the first time I saw the prisoner working, and then afterward I saw him there among other and picked him out.
FREDERICK WILLIAM WOODWARD . I am in the Confidential Enquiry branch of the General Post-office—on 23rd May last, in consequence of information I saw the prisoner at the Western District branch of the Post-office—Tilling and Bick were present—I said to the prisoner "My Post-office—Tilling and Bick were present—I said to the prisoner "My name is Woodward, and I belong to the Confidential Enquiry branch of the General Post-office; this is Mrs. Tilling, assistant to the letter receiver at 148, Edgware Road, and she had identified you as the man that presented the two postal orders produced for payment on that date, signed in the name of Peter Robinson"—the prisoner replied "No, sir, I know nothing about it, it is a mistake"—I said "These orders were included in a letter that was posted at Blackmore, Essex; that letter was addressed to Peter Robinson, Oxford Street, and failed to reach its destination"—the prisoner replied "I know nothing about it"—I showed him the orders—I said "When you presented the orders you were wearing a gold buckle ring, and the receiver, after paying you, endorsed them with your description"—the prisoner replied "I have a buckle ring, but I don't know that it is gold"—Where is it?"—he said "At home"—I requested him to write the name of the payee Peter Robinson and the name of the office, 148, Edgware Road, upon this paper—this is what he wrote—I then showed him the orders and the specimen he had written, and said "Your handwriting strongly resembles that on the postal orders"?—he replied "I know nothing about it"—I said "They are written by one and the same person"—"R's "are reproduced in other matters not connected with this particular charge.
PHILIP BICK . I am a police officer attached to the General Post-office—I was present when Mr. Woodward had this conversation with the prisoner—I afterwards searched his lodgings and found this buckle ring there.
MRS. TILLING (Re-examined). The postal orders were cashed within a few minutes of the time I wrote on them. (The time written on the order was 12 o'clock.)
R.R. HOADE (Re-examined). I saw the ring at the police-court—I had seen it before when the constable brought it—this is the attendance book—on the 22nd there is the entry, 12 midday to 9 p.m.—if the prisoner was there within ten minutes of the time no notice would be taken—he writes that in the book himself.
GUILTY — Five Years' Penal Servitude.
NEW COURT.—Monday, May, 28th, 1888.
Before Mr. Common Serjeant.
523. ALFRED COLEY (17) PLEADED GUILTY ** to feloniously uttering counterfeit coin, having been convicted at this Court of unlawfully uttering counterfeit coin in April, 1886.— Five Years' Penal Servitude.
MR. WILKINSON Prosecuted; MR. PURCELL Defended.
JOHN LANGRISH (Police Inspector P). On May 19th about 5.30 p.m. I went with Scandrett and Timlett to 44, Neal Street, Long Acre, and found the prisoner detained by two of our officers—I asked him if his name was Smith; he said "Yes"—I said "What part of the house do you occupy?"—he said "The second-floor back"—I said "I am a police officer, I have a search-warrant to search the house, I must see what you have in the room"—I searched him and found a key and 12s. good money—we all went upstairs with the prisoner to the second-floor back room—I tried to open the door with the key, but could not—the prisoner said "Give me the key and I will open it, it is a funny lock"—I gave him the key, and he said "You will find what you have come for"—he opened the door with the key and we all went in—I said "I believe you have counterfeit coin in this room"—he pointed to a table, and said "There it is"—I found on the table 65 half-crowns, 34 florins, 60 shillings wrapped in paper, 119 shillings loose, five double moulds for shillings, two racks, some clamps, bottles of liquid, two ladles one containing metal, plaster-of Paris, two drying boards, a file, several brushes, a box containing quicksilver, this crimp, some polishing powder and a rack for drying—there was a bed on the floor, and I said to the prisoner, "Is this your bed?"—he said "Yes"—I said "I must see what there is there"—he said "You need not trouble about that, you won't find anything there, don't turn the things about."
Cross-examined. The house is let out in tenements—the landlord is here at the request of the Mint—I found two pawn-tickets and some partly finished picture-frames, and a bench which might be used for making picture-frames.
JAMES SCANDRETT (Detective E). On 19th May I went to 44, Neal Street, and first saw the prisoner coming down stairs; he was making his way out, and I said "Bill, you will have to stay here"—he said "Why?"—I said "It does not matter, you wait here, I shall not let you go out"—I detained him till Inspector Langrish came—while the search was going on the prisoner said "Here, you may as well have the lot," and went to a basket near the window, "I do not think you can find any more here," handing me this brown-paper packet, containing ten counterfeit half-crowns with tissue-paper over each.
Cross-examined. I have not kept observation on the house; it is not in my division. I do not know the prisoner's father.
Re-examined. I have known the prisoner eight years as Bill Smith.
SIDNEY TIMLETT (Detective E). I took part in searching the prisoner's room—I found part of a galvanic battery, some quicksilver, about 2 lb. of plaster-of-Paris, a file, and two sheets of glass—on 23rd May I made a further search and found a box of black powder, such as is used for polishing coins.
Cross-examined. I found three picture-frames in the room, and some gold-leaf, and a mould which might be used for making picture-frames—I have known him some time and his father—I have not seen his father lately; I have not been looking for him.
in paper separately, and said "It is no use looking further, you will not find anything more"—he was charged at the station and made no answer.
CHARLES ROBINSON (Policeman E). I had been watching 44, Neal Street about a week, and saw the prisoner come out daily and go to the Horse and Groom next door—I took part in searching the house and found a ladle, a crimp, and a board for burnishing coins on—the prisoner said at the station that he was a picture-frame maker.
Cross-examined. I watched the house for six hours together, some times—I did not know the prisoner before or his father.
By the COURT. He used to go out and spend his time in the public-house—he went to his meals regularly.
WILLIAM WEBSTER . I am inspector of coin to the Mint—these five double moulds are for shillings—here are 119 new shillings, several of which are finished and have been made from this mould; there were six packets of 10 and 34 florins wrapped in the same manner—here is some plaster-of-Paris, 81 half-crowns, two iron clamps to hold the moulds, two copper wire racks, some copper wire, a file, a crimp for knerling, some black powder which can be used for polishing, a battery cell which is used for coining, some acids, quicksilver, sheets of glass for making moulds on, one or two gets—those are all articles which may be used in coining.
GUILTY ** †.— Twelve Years' Penal Servitude.
OLD COURT.—Tuesday, May 29th, 1888.
Before Mr. Recorder.
528. MART ANN HAVERS (49) to three indictments for forging and uttering orders for the payment of money. [Pleaded Guilty: See original trial image.] She received a good character.—Fifteen Months' Hard Labour.
531. JOHN GARDNER (21) and WILLIAM GIBSON (20) to a burglary in the dwelling-house of John Downey, and stealing cigars and 82l. in money.— [Pleaded Guilty: See original trial image.] Nine Months' Hard Labour each.
MR. FULTON Prosecuted.
GUILTY on Second Count.— Six Months' Hard Labour.
MR. LEWIS Prosecuted; MR. GEOGHEGAN appeared for Stone; MR. TAYLOR for Williams.
NOT GUILTY .
MR. LAWLESS Prosecuted.
JANE HARRIS . I am the wife of Louis Harris, a jeweller, of 53, Commercial Road—on Friday night, 11th May, I went to bed about 12 o'clock; everything was safely fastened—about 2.30 I distinctly heard the parlour window at the back of the shop opened—that window opens into the yard—there were shutters inside the window; they were pulled down—I looked out of my bedroom window and saw a man standing on the parlour window ledge—I cried out "Police," and he ran from the window, walked to the bottom of the yard, got on the gate, and jumped down into the road—the prisoner is the man—the police came; I opened the front door and let him in—I then examined the window, and found the catch had been unfastened and the window pushed up to its very height—the shutters were still fastened, but had been tampered with—they are wooden shutters in two halves, with a screw in the centre—one side was a little raised, and there were marks—when the door was opened we found a large pair of steps was placed against the door; the steps belonged to me—they had not been there the night before—the prisoner was an entire stranger to me.
WILLIAM FLUISTER (Policeman H 373). On 12th May, about 2.30, I was on duty in the neighbourhood of the prosecutrix's house in uniform—I heard shouts of "Police," and went in that direction—I saw the prisoner pass by me—I said "Hallo, Shamus, what is the matter? I want to speak to you"—he ran away—I ran after him, 600 or 700 yards—a young man stopped him—I got up to him—he struggled violently to get away—I sent for assistance—he did not say a word—I searched him—I found on him four skeleton keys, with the wards filed out; also three ordinary keys, a key-hole saw, an iron chisel, a table knife, and a candle.
The prisoner in his statement before the Magistrate and in his defence stated that he had been four weeks in this country, and having no employment, and being without food, an English boy took him home and gave him some food, and then took him to the prosecutrix's home, and then went away.
GUILTY . — Nine Months' Hard Labour.
MR. KEELING Prosecuted; MR.PURCELL Defended.
ALFRED STURGEON . I am a farmer living at Grays, Essex. On Thursday, May 10th, from 10 minutes to 15 minutes past 3; I was in Fenchurch Avenue, leading out of Lime Street; a man in Lime Street was carrying on a sort of mock auction, there was a crowd round him—in getting through the people on my way to the railway-station, I felt a
pull at my watch pocket; on looking down I saw the prisoner's hand close against my left breast where my watch was—I said, "You vagabond, you have got my watch"—he said "I have not"—I saw his hand open and felt the watch fall from the chain and from his hand—the chain was not broken—I found afterwards that the bow of the watch was bent—I grasped my watch with my left hand and made a grab at him with my right, but I missed him and he ran away—I followed him calling "Stop thief"—he went towards Leadenhall Market; he then turned and came back again; my eyes were on him the whole of the way, I never lost sight of him—he was seized by the witness Crosier—a violent attempt was made to rescue him, but he was forced into a coffee-shop and detained till the police came, he was then to taken to the station.
Cross-examined. The attempt was made just as I was passing through the crowd—the watch was lifted from my pocket, I saw the hand open and the watch fall—I was pushed and hustled about, by two or three persons—the prisoner had got a few yards away; I am quite certain that I never lost sight of him.
GEORGE CROSIER . I am a packer at 4, Corbet Court, City—on the afternoon of the 10th I was passing from Lime Street to Fenchurch Avenue; my attention was called to a crowd round a man selling something—I saw the prosecutor in a little struggle, the prisoner ran out from the crowd, the prosecutor sang out "Stop him!"—I ran after him; he turned and ran back, and I caught hold of him with another gentleman—I heard someone say "Let's go for them, "I received a blow, and was kicked by several, and lost my hold of the prisoner; the other gentleman detained him till a policeman came.
Cross-examined. The prisoner struggled to get away; I did not ill-use him.
JOHN CALLOW (City Policeman 723). I took the prisoner into custody—he said he was very pleased I had come, he would go with me—he made no reply to the charge—I found on him 7l. 10s. 7 1/2 d., a watch and chain, two rings and a knife—he did not complain of being ill-used.
The Prisoner's Statement before the Magistrate. "I did not do this, I was along with them that did."
GUILTY of the attempt. He also
PLEADED GUILTY to a conviction of felony in February, 1884.— Eighteen Months' Hard Labour.
MR. BESLEY Prosecuted; MR. GRAIN Defended.
JOHN BURBIDGE . I am an advertisement contractor, and occupy offices at 62, Moorgate Street—on May 4th the defendant was introduced into my private office by one of my clerks—he said "Mr. Burbidge, the secretary of the Andalusian Mining Company, informs me that you have given instructions for advertisements in my paper," meaning the Stock Exchange Times—he did not mention the name, but I knew his paper—he said "But I know you always make objection to my having advertisements"—I said "I have no instructions to give you any advertisements, your paper is so insignificant and of such miserable circulation that I could not give you any advertisement"—he said "I have the Messrs. Street and Co., Mr. Horncastle, and" (mentioning one or two others) "know it is
wise and necessary to give me advertisements "Street and Co. and Horn castle are advertisement contractors—I said I was very much surprised—he then said "Well, Mr. Burbidge, if you don't give me an advertisement I shall pillory you in my paper"—I immediately seized him by the neck to eject him—no one was in the room then, but I called my clerk Mr. Wilcox before finally ejecting him, and I said to Wilcox, "This man has threatened to pillory me in his paper unless I give him an advertisement, that is the reason why I am ejecting him, and you are not to allow him to come into this office again," and I turned him out—next day Mr. Wilcox brought me a copy of the Stock Exchange Times—I produce a certified copy of it under the Newspaper Libel Act. (This certified the proprietor to be Alfred B. Emanuel trading as F. Vernon, and stating the charge for a whole page of advertisement to be 10 guineas.)
Cross-examined. I am simply the advertising agent for the Andalusian Silver Mining Company—it is a new company; they have allotted the shares—I have known the defendant twelve months and more—the date of this certificate is 24th July, 1886—this paper has been in existence for some time—I am closely connected with advertisements, not with papers of this description—I looked upon this as a most miserable publication and as a scurrilous one—I had not told the prisoner so before this occasion—no canvasser for it had ever called upon me that I know of—the defendant had canvassed me before; I simply said I had nothing for him—previous to my calling it a miserable publication he had not said anything about pillory—Mr. George Lewis represented me at the police court—a card was produced there; it was given to me by Mr. Matthews, the secretary of the company; it was then in the same state it is now, back and front—Mr. Matthews suggested the writing on the back; it was not at my request—that was after I had seen the defendant—I did not ask Mr. Matthews to write it as confirmation of the fact that the defendant had been to me.
Re-examined. I do not remember seeing any one representing the Stock Exchange Times excepting the defendant—on previous occasions all I said was that I had no orders to give him.
WALTER JAMES WILCOX . I am clerk to Mr. Burbidge—I was called by him into his room, and there saw the defendant; Mr. Burbidge said "This man has threatened to pillory me in his paper unless I give him the advertisement of the Andalusian Silver Mining Company; I called you to witness my ejecting him from my office, and in future he is not to be allowed to come in again"—next day I bought a copy of the Stock Exchange Times at the publishing office.
Cross-examined. He was ejected summarily; Mr. Burbidge caught hold of him; he ordered him first of all to leave, and then caught hold of him by the collar and forced him out—he did not wait long enough to be kicked, or he would have been—he said he would not come again—to the best of my recollection Mr. Burbidge used the word "pillory."
Re-examined. I have not the slightest doubt he said "pillory"—the defendant did not say that he did not intend to do anything of the sort—he said "I intend to do so."
STANLEY MATTHEWS . I was for a time secretary of the Andalusian Silver Mining Company, Limited—this card was left at the office by the defendant—I do not know the date—I gave it to Mr. Burbidge and wrote on it two or three days after it had been in my possession.
Cross-examined. The shares are now at a premium.
GUILTY . — To enter into his own recognisance in 20l. to come up for judgment and to keep the peace. There was another indictment for libel which remained on the files of the Court.
NEW COURT.—Tuesday, May 29th, 1888.
Before Mr. Common Serjeant.
MR. DE MICHELE Prosecuted; MR. BURNEY Defended.
ROBERT SAGAR (City Detective). On 11th May, at 7p.m., I was in plain clothes and saw the prisoner and another man in Bishopsgate Street and followed them—I saw the prisoner take something out of his waistcoat pocket, look at it, and show it to the other man—they walked on a short distance and separated, and the prisoner went into the side entrance of Mr. Alton's pawnbroker's shop—the other man stood some distance away—I spoke to Leeman, who went into the shop by the front entrance, and I followed him and saw the assistant hand a gold watch to Leeman—while we were examining it the prisoner left the shop, and I went out and stopped him coining from the side door—Leeman said "Where are you going?"—he said "I am going home"—Leeman said "You will have to come over the way first, "meaning to the police-station—we crossed the road and he said "What is this for?"—I said "You will be charged with the unlawful possession of a gold watch which you have just offered at that pawnbroker's"—he said "I know nothing about any watch, I have not been in any pawnbroker's shop"—he repeated that at the station—the other man ran away when I went into the pawnbroker's.
Cross-examined. It was not when the prisoner was stopped that the other man ran away—I may have said "When the prisoner was stopped by us the other man ran down Bishopsgate Street; "but what I meant was that he ran away directly I went into the shop—the other man was about five yards away.
Re-examined. As I went in the other man, knowing me, ran away; I looked at the watch, and ran out and stopped the prisoner, we could not see the other man then—it all happened in a minute.
ROBERT LEEMAN (City Detective). I was with Sagar; I went into the pawnshop, and saw the prisoner in one of the compartments; he handed this watch to the assistant, who handed it to me; I looked round and Sager came in—I had seen another man five or six yards from the window as I went in—while I was examining the watch the prisoner went out at the side door—I put the watch in my pocket and ran out and stopped him—the assistant had given him no money or ticket—I could not see the other man—I said to the prisoner "Where are you going?" he said "Home"—I said "You will have to come across the way with me first," meaning to the station, where I showed him the watch—he said "I know nothing about it, I have not been into any pawnbroker's shop"—I searched him and found this gold hunting watch, No.34605; a gold locket, with a monogram on each side; this chain, with two tokens, one of the International Exhibition, Glasgow, "W. M. Cunningham, Sec
retary, Palmam qui meruit ferat;" and an omnibus company's pass with "W. M. Cunningham, Esq." on it; also two gold watch-bows, a gold ear ring, a gilt split-ring, the bar of an Albert chain, and a lady's gold ring loose in his trousers and waistcoat pockets; and two Indian coins, and other small articles—I said "How do you account for the possession of these things?"—he said "I bought them this afternoon at Johnson and Dimond's sale-rooms"—I said "Have you any receipt for them?" he said "No, they never give any receipts there"—I said "Who did you buy them of?" he said "Find out"—he was then charged, and on the way to the cell he said "Well, if you know anything about it, you know what things are at a sale-room, one buys at one and one at another.
Cross-examined. The pawnbroker's assistant is not here; he was at the police-court, but was not examined—my deposition does not say that the prisoner said "Find out"—I did not tell the clerk that he had omitted it—what the prisoner said was not "I have not got the receipt on me"—I took this note at the time; there is nothing here about his saying "Find out."
WILLIAM MURRAY CUNNINGHAM . I am a writer and secretary to the Glasgow Exhibition—this gold Albert chain, this gold piece, and this gold token bearing my name, are mine—I was wearing them on 8th May attached to a silver watch—they were safe at 10.15 a.m., and I missed them at 10.30, when I was in a crowd—I telephoned to the police, and saw the articles in Glasgow several days afterwards—it was after the 11th.
ROBERT MCINDO . I am a farmer, of Knowles Head Farm, Camps Glen, Stirlingshire—I arrived in Glasgow on 10th May, about 8 a.m., wearing a watch and a locket attached to an Albert chain; they were stolen from me in a crowd at the corner of Buohanan Street, Glasgow, about a mile from the Exhibition, as I was seeing the procession pass—I reported my loss to the police, and afterwards was shown my watch and chain—these are they (produced).
Witness for the Defence.
JEMIMA JOHNSON . I live with my husband at 46, Shape street Kingsland—the prisoner has lodged with us for 18 months—he was at home on 8th May—after he was taken in custody my husband found a paper—the police came on Tuesday, May 11th, and on Sunday, the 13 h, Í found this receipt at the back of my looking-glass—I spoke to my husband about it, and wrote to Holloway Prison—this is it. (Read: "May 11th, 1888. Mr. Newton. Bought of Lewis Levy, one gold open-faced watch, Webster maker; one gold hunter, two Albert chains, one gold ticket, one token, two silver pins, 20l. 15s. Received, Lewis Levy.")
Cross-examined. I have seen the prisoner buying and selling jewellery—I have not seen another man with him—I do not know Lewis Levy by sight or by name—I went over the prisoner's room with the police—when they searched it on the 11th they did not find this receipt, because it was not in his room—my husband found it first and I found it afterwards—I do not know a man named Brown—the prisoner was at home on Friday, 11th May, between 4 and 5—Tuesday was the 8th; I saw him on the next day—I saw him on the 7th at home; he was in bed part of the time—he has never gone away for a few days since he lived with me—I was present when my husband found this receipt, but he, being no scholar, put it at the back of my lookingglass
—I was not in the room when he found it—he did not say any thing about it; he could not read it—on Sunday, the 13th, I went to find a letter from my brother at the back of my looking-glass on the mantelpiece, and this receipt came down with it; it was stuck behind the glass.
JOHN JOHNSON . I am a plasterer, and the husband of the last witness—I cannot read or write—after the prisoner was in custody I came home on the Friday to tea between 4 and 5 o'clock, and picked up a blue paper, and placed it behind the looking-glass, as I am in the habit of doing.
Cross-examined. I believe the prisoner is a general dealer—I do not know Brown; I am out all day—if the police had searched my place they would have found it.
GUILTY . He then
PLEADED GUILTY** to a conviction at Clerkenwell in April, 1876, in the name of John Sharp.— Two Years' Hard Labour.
FOURTH COURT.—Tuesday, May 29th, 1888.
Before Robert Malcolm Kerr, Esq.
MR. DUKE Prosecuted.
ALBERT HUDSON . I am a licensed victualler and keep the Rugby public-house in Great James Street—on 16th January the prisoner came to my house and told me was in trouble, and asked me to assist him by giving him some advice by introducing him to a good solicitor; that he was coming into some money, and that papers were detained by a stockbroker and a solicitor under the will of the late Duke of Bedford—he said the amount was 21,000l. to be divided among three of them, himself and one brother, a Wesleyan parson, and another a builder; and he said his aunt, Mrs. Fountain, had left it to them in the will to be divided—I gave him a card of introduction to Mr. Law, my solicitor—next day the prisoner came to me, and I accompanied him to Mr. Law—he said Mr. Law had written a letter which had the effect of bringing the deeds to be lodged in the Capital and Counties Bank; he did not say what branch—he said the dividend warrants he held at Derby had been lodged there, and would be likely to be cleared on the 19th—after we left Mr. Law's office the prisoner went with me to my house; he there asked me to lend him 5l.—on 18th January he came again with another story about two houses at Willesden, he wanted to pay his workmen there, and I lent him another 30s.—on the 19th he came and said he was negotiating with Mr. West, a house agent in connection with Colonel Du Platt Taylor, to purchase a house for him for 800l. on the Heath field estate; he said two houses, Heath field House and Alfred House, belonged to him—he said he was a pensioner from the army, and that he had left his pension papers as I asked him with Mr. Law—he said Mr.Larkin held the leases for a deposit of 12l. that he had on the two houses, and that was all he had for mortgage on them—I gave him 8l. 10s. on that day—on 23rd January I received this telegram "Have
lost my dear girl. See you Tuesday. Fountain"—after receiving that the prisoner called on me; he was crying, and said his daughter was a schoolmistress at a Board School at Hammersmith, and had died suddenly through a fright, and would I lend him more money to bury her—I lent him 8l. and introduced him to my tailor, as his clothes were rather shabby—I lent him the various sums believing what he stated was perfectly genuine, if I had not I should not have lent it—I went on lending him money—on 16th February he put his name to this document, the body of which I wrote. (This was to the effect that Fountain owed Hudson 55l. up to date, and with expenses, &c, 57l.) On 6th April I received this letter in the prisoner's handwriting. (This stated that he would call on Tuesday and arrange with him on the new building going on at Willesden Park, so that Hudson could have half on the first advance and the on the second, but that Hudson should keep his own counsel; that Palmer had deluded him and had had most part of Hudson's money, but that Hudson should have all shortly.) About that time I communicated with the police—I am not certain whether I had already done so.
Cross-examined by the Prisoner. I did not lend you 4l. on each of the first two advances and add 1l. to each 4l. for interest—I gave you the whole 5l.—then I gave you a cheque for 3l.—I stopped that cheque at the bank—that was the transaction on the Heath field and Alfred houses—you gave me a Bill of Exchange for 100l.; you had no account—I paid it into the bank when I had made arrangements—it was brought to me to alter into a promissory note—at the Falcon I gave you 4l. more when the bill was brought—the fifth instalment I gave you was 8l.: for wages—the next one I gave to Mr. James Doughty, 2l.; you sent him with a letter—I paid a friend of yours several sums—on the 8th I gave Mr. Palmer 10s., and we went and had drinks—on the 9th I went with Mr. Law to look at the leases, and saw papers that I supposed were leases—you did not pay for steak and potatoes and a bottle of claret out of a sovereign I gave you at the Horseshoe on the 11th—I lent you money to go to Derby to meet your brothers, the parson and the builder—the bill for 100l. was not given before the money was advanced; it was passed through my bank and returned, marked "No account"—you had no account at either of the banks—I did not discount it; I did not say I would—I cashed it in the usual way and sent your friend Doughty to stop it the day it was due—you sent your man down to ask me to withdraw it—there was not 4l. between us for cab-hire, and there were not four bottles of champagne that you and Mr. Law had at the restaurant—we had two bottles between the three of us—I believe on 7th February you telegraphed to me to meet you at Kensington at Mr. Bird's; Mr. Law attended as well to peruse the leases—the leases were perused by Mr. Law a week afterwards and were to be taken up, but I was deluded by the man that ought to have taken them up—it is not true that there was 121l., and that Palmer owed you 100l., and that the leases were drawn up, 400l. being the sale price, with 40l. the insurance, or that you signed them, and Mr. Law acted for you and me—you tried to get 16l. more out of me—I did not write a letter to the effect that I agreed to take that money on Martin's mortgage—I did not go to Mr. Hooper's office and ask for my letters back; I went there, and ho said your name was not Fountain but Satchfield or Satchfield King.
Re-examined. I lent the prisoner 57l., and 1l. 10s. afterwards to his friend Palmer, to bury his boy—he brought Palmer and his wife too to me—when I lent the money I had seen the two houses, Heathfield and Alfred Houses, at Willesden, and had taken my builder up to look at them, and the other houses as well, to try and find them; I found one on the estate and the other did not exist, that was the Alfred House that he borrowed the money from Mr. Martin on—Martin told me the prisoner borrowed money on this house that did not exist—I found one of them did not exist at Willesden.
WILLIAM RUSSELL LAW . I am a solicitor, of 66, Holborn Viaduct—the prosecutor is my client—on 16th January the prisoner came to me with the prosecutor's card, and at his request I wrote a letter—on 17th January the prisoner and prosecutor came together—the prisoner made a statement in the prosecutor's presence, I made a note of it at the time, I remember the effect of it—it was that in consequence of a letter I had written, certain securities had been deposited at the Oxford Street Branch of the Capital and Counties Bank, and he should be able to clear them by Thursday—I had received no reply to the letter I had written, at that time; I did not for some days—on 25th January I received this letter from Messrs. Burchall and Co.; I showed it to the prisoner the next day. (This letter was to the effect that Mr. Law's letter of 16th, re Alfred Fountain, must have been addressed to them in error, as they did not act for the executors or trustees, and that they had inquired of other firms whose names resembled their own, but that they knew nothing of the matter.) When I showed that to the prisoner he said he could not understand it; he thought it must be some mistake—the prosecutor was present—the prisoner said he was entitled to certain moneys under the bankruptcy of Lord Henry Lennox—I asked him for authority to go to the Official Receiver—I knew the day before that the prosecutor had lent the prisoner money—the prisoner signed this authority ("Please pay to my solicitors Messrs. Law, the amount payable to me under the bankruptcy of Lord Henry Lennox.") The prisoner said when that was received it could be retained, and Mr. Hudson could be repaid the money he had advanced—on 25th January I went to Somerset House to search for the will of Charlotte Fountain—I searched before and after the date February 1885, I did not find the will—on 25th January the bill for 100l. was brought, and the prisoner said he had given that to Mr. Hudson to secure the moneys he had advanced—Hudson said he would pay it in, (The bill was read as follows:—" 25th January. Four days after date I promise to pay to my order 100l. for value received. Payable at the Capital and Counties Bank, Oxford Street, Branch. Alfred Fountain.") He said he would have money there to meet it—in consequence of a communication from Messrs. Shepherd and Bird, I saw the prisoner on 2nd February, he told me he was about to purchase two leases from Palmer, and he would be assisted in the purchase by a loan from a man named By water, and I attended on 3rd February in consequence at Shepherd and Bird's office, and I there saw two leases for sale from Palmer to Fountain; each lease was for 225l., 200l. to go on mortgage; it was represented that Palmer owed Fountain money; Fountain would retain a certain quantity of it to pay off Hudson; it was all dependent on By water coming to pay the 450l.; By water never came, and nothing came of it—the prisoner spoke of By water, and told me to inquire for
him at Courts' Bank—I believe inquiries have been made, I did not inquire; these transactions fell through—I have caused inquiries to be made after By water in another quarter—I was examined before the Magistrate prior to the close of my evidence; the prisoner said he should plead guilty to this charge; he was asked if he would ask me any question.
Cross-examined. I understood you to say you should plead guilty—you have written to say you would pay the money—since this prosecution you have offered to give me two guarantees that it should be paid—I wrote to Mr. Martin when you asked me; he came and saw me—he did not speak very highly of you—I was acting for Mr. Hudson, to get him paid—I acted for you as well in that way; you gave me instructions to get the money—you always professed to be willing to pay Hudson out of the 21,000l.—Martin said if the property was worth the security he would advance the amount—I wrote to Hooper once, I believe; I could see the only object of Martin was to get 12l.he had lent you—he said he should have nothing more to do with you unless he had the 16l. that you had from him—you gave me a letter to give to Knight and Deacon—you said the two houses were yours, subject to a small payment to them—you gave me a letter in the matter of Lord Lennox—there was no proof that you were entitled to money; the Official Receiver said your name did not appear in the list of creditors; he said the estate was distributed, and no money was to be paid to you or anybody else.
By the COURT. The proof was admitted, it was a bill for 240l.; it was in the name of Sitchfield—I investigated the matters about the will and the bankruptcy.
GEORGE WILLIAM KEMP . I am cashier at the Oxford Street branch of the Capital and Counties Bank—Alfred Fountain never had an account at that bank—during this year no deeds or securities have been brought into this bank and deposited there on his behalf—no arrangements have been made for clearing any dividend warrants on his behalf—I saw the prisoner about the 17th January—he said he was entitled to a large sum of money under a will, and he wished to open an account with it—he did not open an account.
Cross-examined. You saw the manager on 21st January—I referred you to him—I don't think you said Mr. Hudson was going to advance you 100l.; you mentioned the fact of accepting a bill at the bank; they did not bring a bill to me at the bank—it was presented on the day of the date.
JOHN WILMOT . I am ledger-keeper at the National Bank, King's Cross Branch—I know the prisoner: he has had no account at our branch—he came to open an account, and signed our book to that effect, but that was all, he never deposited any money—this bill has not passed through us, it is payable at the Capital and Counties Bank.
ROBERT HEWSON . I am a cashier at Knight, Deacon and Co.'s, the owners of the Heathfield Estate, Willesden Green—there is no Alfred House on that estate; there is a Heathfield House there, it belongs to Freeman and Co.—the prisoner has never built any house on that estate, he is not interested at all in any house on that estate.
Cross-examined. I remember you coming—I do not know why you could not carry out this undertaking—this letter (produced) about paying
20l. on the corner plot and going on with the building, has nothing to do with the Heathfield and Alfred Houses; the writing is Mr. Deacon's.
RICHARD QUILLER MOODY . I am a clerk in the War Office—I have examined the books of the pensioners from the Royal Engineers—there is no pensioner of the name of Alfred Fountain—I do not know of the prisoner as being a pensioner.
The prisoner in his defence stated he had no intention of defrauding Hudson, and that it was a civil, and not a criminal matter.
GUILTY . **— There was another indictment against the prisoner.—Five Years' Penal Servitude.
MR. RODGER Prosecuted; MR. LAWLESS Defended.
GUILTY ecommended to mercy by the Jury, as they thought he was drunk at the time.— . — Four Months' Hard Labour.
MR. RODGER Prosecuted; MR. STRONG Defended.
FRANCIS NORMAN BOCOCK . I am a butcher of Brompton Road—on the last Friday in April the prisoner came in—I was very busy and my attention was called by one of my men—I went to the desk, and my young lady asked me if I would cash a cheque for a Mr. Walford, a customer of mine, of Cornwall Gardens—I said "I have no change, but I will back it and the young man can run over and cash it"—I was about to do it when my young lady gave me a glance and I looked at the cheque and found it was not Mr. Walford's cheque—I asked for my entry-book and found Mr. Walford's cheques were on Sir Samuel Scott's Bank—I said "Are you living in Mr. Walford's house?"—he was dressed in a gentleman's servant's clothes—he said "No, I am a friend of the housekeeper"—I said I should not cash it—he said he felt surprised, and that he would ran back and tell the housekeeper—he left—if he had been living at the place he said he was going to he would have turned to the left, but instead of that he turned to the right—I followed him up the road, and coming on one of my neigh-bouring tradespeople I had a conversation with him—the prisoner stopped whenever he saw me stop; I at last crossed the road and met him—he said "Oh, I have had the cheque cashed"—I said "Where?"—he said "Oh, a butcher's up the road"—I said "I am his butcher"—he said "I got it cashed at the corner of Sloane Street"—I said "How did you get it cashed?"—he said "It is immaterial to you"—I said "You tried to rush me and I have a right to know"—"Don't touch me," he said—a crowd came and a constable came up—I asked the constable to ask him a few questions—I said to him "You knew this to be a downright swindle?"—he said "It is a swindle"—I said if he would show me the man that put him up to it I would exonerate him—this is the cheque (produced)—the constable took him into custody.
Cross-examined. I never saw the man before—I said I would exonerate him if he told me who gave him the cheque, because I wanted to find out if he had accomplices and who they were.
by means of this cheque—I took him to the station; after being there some time I went to Mrs. Quinney, housekeeper to Mr. Walford, at Cornwall Gardens, who said she knew nothing about the cheque—I searched and found on him four pawn-tickets, relating to clothes, and several letters.
LOUISA QUINNEY . I am housekeeper to Mr. Walford—this is not his signature to this cheque—I know nothing about the cheque except through these proceedings—Mr. Walford banks at Sir Samuel Scott's, not at the London and County.
Cross-examined. I am sure this is not Mr. Walford's writing, I have seen it for a great many years.
Witness for the Defence.
GEORGE MIDDLETON . I have been a tobacconist at 24, Stockbridge Terrace, Victoria, for 12 months—on 30th April the prisoner came to my shop—another man came, whose name I did not know, who had been a customer of mine for a long time, but for some time previous had been away; he was dressed in rather a flash kind of manner—he asked me if I knew of a servant that would suit him to sent to a friend in Brighton; I said I did not; he asked me if the young man that was there last summer was about still; I said yes—I concluded it was the prisoner—he asked where the young man was; I said "I think he is lodging in York Street; be is out of a situation, and I should think he would be a likely young man to suit you "; so I sent him down—he went away, he made arrangements with him—after that I saw him and he said he had to go to meet him at Tottenham Court Road; he thanked me for recommending him and said he had got the engagement.
Cross-examined. The last conversation was five or six weeks ago, I should think.
A witness gave the prisoner a good character.
GUILTY Recommended to mercy by the Jury on account of his youth and good character.— . — Six Months' Hard Labour.
MR. RODGER Prosecuted.
FREDERICK HOLMES (City Policeman). On 3rd May, shortly after 6 p.m., I was in St. Paul's Churchyard—I saw the two prisoners, and in consequence of their suspicious movements watched them—I saw Harris force her way into a crowd, where several ladies were, and put her hand into the folds of a lady's dress, Montague following and covering her—they walked down St. Paul's Churchyard, and repeated the same thing six times, chiefly with ladies occupied in looking into shop-windows—they walked on to Ludgate Hill—there was a crowd there, chiefly of ladies—Harris went and put her hands into the folds of a lady's dress, Montague following and covering her—they left that lady and walked across Ludgate Hill—I spoke to the lady and, from what she said to me, I went after the two prisoners, and caught them in Dolphin Court—I caught hold of both of them and said "I am a police officer; I shall charge you with stealing a purse from a lady's dress-pocket on Ludgate Hill"—
Montague said "Nonsense, you have made a mistake"—-Harris made no reply-immediately after a constable in uniform came up; I handed Harris to him—as we were passing through Dolphin Court Harris threw this purse away; I picked it up—I took them to the station, and charged them with stealing a purse containing 6s. 0 1/2 d. in silver and bronze, and memorandums—in answer to the charge Harris said "I don't know that other woman; I never saw her before in my life"—Montague said "I don't know Harris either; I never saw her before"—Montague was covering Harris all the time—I caught hold of both at the same time; they were together.
AMELIA SECRETAN . I am the wife of Frederick Robert Secretan—on 3rd May I was on Ludgate Hill, looking in at Bennett Brothers, when from what the officer said to me I felt in my pocket, and found my purse was gone; this is it—there was about 6s. in it and some papers; my name was in it.
Cross-examined by Harris. I did not see you till the officer took you—I did not feel a hand in my pocket; I felt some one very close to me.
Montague in her defence said she only met Harris at a quarter past 6 on this afternoon, and that she sauntered up and down with no intention of stealing.
Harris in her defence said Montague was a stranger to her.
GUILTY . Harris then
PLEADED GUILTY** to a conviction of felony in March, 1887, in the name of Bennett, and Montague to one in April, 1887. HARRIS Two Years 'Hard Labour. MONTAGUE Twelve Months' Hard Labour.
MR. RODGER Prosecuted; MR. SALTER Defended.
DOMINIC BROSMAN . I deal in foreign stamps, principally spoilt ones—I live at Walham Green—my father is a salesman in Covent Garden Market—on the Saturday previous to the prisoner's arrest I saw him in Mr. Bennett's shop, 49, Holywell Street, Strand, where he offered some stamps to Mr. Bennett, who said that he did not care to buy, but that I might—on the following Monday I saw the prisoner in the same shop selling stamps to Mr. Bennett, and I bought some more stamps on the same terms as before—I recognised among them a stamp which Miss Fernley, who has a shop in London Wall, had lost previously—Mr. Bennett bought it—when the prisoner left the shop I followed him; he went into a public-house in the street leading to the Temple station—I fetched a constable there, but the prisoner had gone—one day later in the week I was in the shop again, when the prisoner came in—I asked him if he had a stamp, a 1s. green Nevis, that Miss Fernley described to me as one she had lost, and he said yes, he would bring it up—I went out and got a constable—I bought 9s. worth of stamps of him the first time and 4s. the second.
Cross-examined. I should call the dealing in foreign stamps a large trade—I sell to people who have a fancy for making collections—Mr. Bennett is a very large dealer—on 5th, 7th, and 10th May the prisoner came in and offered stamps for sale in the regular way of business—on two occasions I bought some—I only saw them as Mr. Bennett passed them through his hands—I heard from Miss Fernley of her loss about
the day of the second visit—it was spread abroad among dealers pretty soon—I think the prisoner looked rather closely at some stamps, as if he were near-sighted—I think the constable asked the prisoner to account for the stamps—he did not say they were given him to sell; I believe he mumbled something; I don't recollect what passed.
EMILY FERNLEY . I deal in foreign stamps, at 51/2, Leather sellers' Buildings, City, where I have half a shop—on 3rd April I went to business at 11.30, and when I went in the shop I put my bag on the counter and went across to speak to Mrs. Gale—a man came in to buy a stud; I said I would serve him for her; I did so; he gave me 1s., but I had no change; he said "Never mind, I won't have the stud; "Isaid I would go next door and get change—I was not gone two minutes, and when I came back I gave the man the change, and then I found my bag was gone—I am sure no other people entered the shop—not five minutes had elapsed from the time I came in till the time I missed the bag—these books were in my bag—I cannot say whether the prisoner is the man that came into my shop—it was a very dark morning, and the shop is dark—I always burn a lamp in the shop, and I had not lit it.
Cross-examined. I should think I lost about 20l. worth of stamps—I know the prisoner has 20 or 30 years' good character—he works at a place about 200 yards from my shop; I have no recollection of seeing him before—I put up a notice in my window saying what I had lost; it remained there till the prisoner was taken—I took no steps to spread it among the people of my trade in London—I think every one that came to my shop knew what had happened—I said in the notice that any one found doing business with these stamps would be prosecuted—I did not say I could recognise them all again.
JAMES MOORE (Policeman E 444). On 10th May I was called to 49, Holywell Street by Brosman, and saw the prisoner in the shop with several stamps on the counter—I was told they were stolen, and I said I should take him into custody, and he would have to come to Bow Street with me—he said he would come with me—I took him to the station, where I asked him where he got them from—he said "A friend of mine gave them to me to sell for him"—I said "Who is your friend?"—he said "I shall not tell you; I would rather ruin myself than ruin my friend"—I found on him these packages of stamps.
Cross-examined. Before I went in Brosman said they were stolen stamps—the prisoner did all he could to assist the police—he told me where all the other stamps were, and gave me the key.
JAMES WACKETT (City Policeman). On 10th May I went to 19, Penton Place, the prisoner's private address—he had handed me some keys—I found his wife was not in, but I found her in the neighbourhood, and told her my business; she showed me a chest of drawers on the ground floor—with the keys the prisoner had given me I opened the end drawer and found five of these packets in it—Miss Fernley, who was with me, identified the stamps as hers—I went back to where he was employed, in the Marine Insurance Company, Capel Court, and with another key on the same bunch I found these books—he did all he could to assist us in recovering the property.
Cross-examined. I noticed he wore glasses when writing down his address, and so forth—I knew from what his wife told me that he was blind in one eye—I made inquiries as to his character, and found he had
been for many years with the Marine Insurance Company as a messenger, and that he had been employed by Ring and Brymer, the refreshment contractors, to go out as head waiter and butler.
By MR. SALTER. I did not notice whether the man that came in wore a great-coat or not—I was not away two minutes when I went for change—I rent one-half of Mrs. Gale's shop—I left the man with her—she was sitting in her arm-chair at the back of the shop—she was there when I got back, she never got up off her seat.
The prisoner received an excellent character.
GUILTY of receiving.—Strongly recommended to mercy by the Jury on account of his previous good character.—Judgment respited.
OLD COURT.—Wednesday, May 30th, 1888.
Before Mr. Justice Stephen.
Mr. Gilbert, surgeon of Holloway Prison, and Dr. Forshall, of Highgate, I deposed to the prisoner being of weak intellect; and his father entered into I recognisances to bring him up for judgment if called upon.
MESSRS. RIBTON and ABRAMS Prosecuted; MR. MUIR Defended.
WILLIAM JAMES COOK . I am a coal merchant, and reside at 201, I Commercial Road. On 21st April, about half past 10 p.m., I was driving I down the Fairfield Road, Bow; I had just reached the corner of Blondin I Street when I saw a number of people collected outside a public-house, I I don't know the name of it—I saw the prisoner strike the deceased about I the head and face with her hands—the deceased's husband came up and I separated them; he was knocked down by four or five young men; the prisoner then came from the pavement into the road and again knocked the deceased about the head and face, took hold of her hair and pulled her on to the flag-stones; whether her hands were entangled in her hair I could not say; the deceased came down on the flag-stones on her hands—a stout woman ran across the road and picked her up, and said "My God! the woman is killed," and sat her against the public-house, but she fell forward on to the flag-stones—I got out of my trap, and saw that she had a terrific wound in the centre of the forehead, and blood was flowing very fast—the prisoner went away; she did not run, she walked rather smartly down Lincoln Street; I got into my trap again, and followed her for about three-quarters of an hour, intending to give her into custody, when she quickly ran into a house—some boys told me her name, and I went to the police-station and left my address and the prisoner's—I found out from the boys that she lived at 13, Queen Street.
Cross-examined. The deceased's husband had separated them when I came up—he was six or seven yards from his wife when he was knocked down—he was on one side of the cellar-flap, she was on the other, from two to three feet from it—I have since looked at it and measured the
distance—it is a wooden flap with iron nails—the deceased fell on her face within two or three feet of it—the prisoner released her hands from the deceased's hair as she was falling, before she fell to the ground there was no blood on her face then.
WILLIAM ASTELL . I am a shoemaker, of 36, Blondin Street, Fairfield Road—the deceased, Annie Hannah Astell, was my wife, and was 40 years of age—on Saturday, 21st April, she was at work at home during the afternoon—she went out in the evening, about 10 o'clock, with Mrs. Dean, I remained at home—I afterwards went to the Caledonian Arms, at the corner of the street, with Arthur Wood—I found my wife and Mrs. Dean there, and the prisoner; I had half-a-pint of ale which I paid for—my wife was perfectly sober—there were four young men and another young woman there—some of the young men knew Wood, and they handed him a pot of ale to drink out of—he said u There is no harm in asking a friend," meaning me—they said "No"—my wife objected, and said if I had not got enough to pay for a glass she would pay for one for me—the prisoner was there at the time, drinking along with her friends; some bad language was used by them, and the landlord had to eject them—I and my wife remained—after several minutes my wife went out; the landlord persuaded her to go out at the back door-followed in a few seconds; when I got out I found that my wife had been struck—I accused the prisoner of striking her—she turned row and said "Yes, you b——, and I will strike you," which she did, on my left eye—I then made a blow at her, I don't believe I struck her; I made a blow at her in retaliation, and as I did so, someone knocked me senseless to the ground—when I recovered I found my wife standing up against the window, attended to by Mrs. Dean—I could not say what the state of her head was, I was hardly conscious myself—she was taken home, and then to the hospital—I saw her on the Sunday, and had some conversation with her about her injuries—she knew me; she did not know she was dying—the last time I saw her was on Tuesday, at 5 o'clock; she died at half-past 7 on Wednesday evening. Cross-examined. It was about 10 when I went to the public-house—I had been to Hackney, and had several glasses before, and another pint after I came home—I had not had any words with my wife in the public house—I went to take my wife's part, to separate her from the prisoner, when I was knocked down—the blow the prisoner gave me was not a severe one, it did not hurt me.
MARGARET DEAN . I went with Mrs. Astell to the public-house—as soon as she came in there was a quarrel with the prisoner and some Young chaps, and the landlord put them out—I saw Mrs. Astell go out, I went out a little after her—the prisoner knocked her down—I crossed the road and saw nothing more—I took her home and then to the hospital—I did not see in what part the prisoner struck her, she struck her in the face first in the public-house.
Cross-examined. The deceased had not her sleeves rolled up when she came out of the public-house—she did not offer to fight the prisoner; I did not see her strike her—the prisoner slapped her in the face in the public-house, and she knocked her down outside with her fist, I supposes—she did not fall down; she was knocked down—there was a fight between the two women.
was in my house with Mrs. Dean—the husband came in afterwards—the prisoner was also there—I put my hand on her shoulder, and said "You had better go outside"—she said "Don't handle me; I will walk out"—Astell and his wife remained inside—the prisoner kept pushing the door open, and making use of bad language; she wanted the deceased to come out and fight, and she made a blow at her—I advised the deceased to go home, and she left, and I thought there would be an end of it—I heard some fighting outside, but I did not go out; I stood at the door and prevented their coming in again—my cellar-flap is studded with iron nails.
Cross-examined. The prisoner and her companions came in first, and then the deceased and her husband and Wood—the deceased was quite sober, so was the prisoner; the only one who had had a little drink was Abtell—the beginning of the quarrel was by one of the prisoner's companions asking Astell to drink—the deceased said "We don't want to drink with them, have you not had enough of them?"—soon after the prisoner commenced calling the deceased Astell, which she resented—the nails on my cellar-flap were iron nails, which project above the wood about three-quarters of an inch; they were put on simply to prevent boys dancing on it—the prisoner had another girl with her and four young men.
HENRY GRANTHAM LYE . I was house surgeon at the London Hospital on 21st April, when the deceased was brought there about half-past 11—she had a very severe wound over the forehead, and bruises over both eyes; the bone was lain bare—I attended to her—she died in the hospital on the 25th, at half past 7 in the evening—I made a post-mortem examination; the cause of death was inflammation of the membranes of the brain, due to a fracture of the skull which we then discovered—I have heard a good deal of the evidence in this case—I believe the violence stated caused the wound which caused the death.
Cross-examined. I have stated that in my opinion it was caused by a blunt object, such as a rough paving-stone—I have heard the nails described in the cellar-flap—the head of one nail would not do it, several might; that would be consistent with the wounds I saw; a blow with a fist would not.
By the COURT. It was one continuous wound, but a jagged one—a fall against a single nail would not cause so long a cut; this was two inches in length.
RICHARD WILSON . I am a plasterer—I was in the Caledonian public-house on this night—a disturbance occurred between Astell and Ward—first of all Mrs. Astell commenced to quarrel with her husband, and called the prisoner some foul names for offering her husband some beer—Ward started quarrelling with her, and the landlord ordered them out—Ward went out first, and Mrs. Astell went out rolling up her sleeves, and said she would fight only the one, and she and Ward had a fight outside—there was no blow struck I think, they were hugging one another about then—Astell came out; he was the worse for liquor; he fell down—Mrs. Astell went to get away from Ward and fell over her husband's legs as he was lying on the ground.
Cross-examined. He was lying near the cellar-flap—the women each had the other by the hair—I knew Astell before, not Ward.
—we had a glass of ale there—a young man named Chambers put his head round from another compartment and asked Astell to have a drink with him—Mrs. Astell began a bother with that man—I went out, and Chambers also, and he knocked their heads together—Ward offered me the pot to drink out of, and I handed it to Astell—his wife said he should not drink out of it—I did not hear Ward say anything.
Cross-examined. I saw the two women fall together outside, the deceased was underneath, she fell over her husband's legs—she did not fall near the cellar-flap.
The prisoner received a good character.
NOT GUILTY .
There was an indictment for an assault on the same person, upon which no evidence was offered.
DAVID EDWARDS . I am a carpenter, and live in Clarendon Terrace, Maida Vale—on Saturday night, 19th April, about 20 minutes past 11, I went into the Red Lion, Edgware Road—I saw the prisoner there; he was a stranger to me—an altercation took place between him and another man, and the prisoner left the house—I saw him come in again, and the altercation was resumed—I saw them standing in front of one another, and I saw the prisoner pull out a pistol and point it at the other; he put up his hand to protect himself, and I heard the pistol fired off; it went off a second time, and I was hit by a third shot in the hip—between the second and third shots the barman had jumped over the counter and seized the prisoner—I was taken to a hospital.
Cross-examined. After this the prisoner expressed great sorrow for what he had done, and for a while he did what he could for me.
GEORGE HILL (Policeman F 98). I was called to the Red Lion on the 12th—I saw Edwards there; I saw that he had been injured—the prisoner was given into my custody—the landlord handed me this revolver; it was loaded in two chambers, three were empty—I found six cartridges in the prisoner's pocket; he was very excited—he said "I only did it to frighten them."
GUILTY of unlawful wounding.— Two Months' Hard Labour.
MR.POLAND Prosecuted; MR. SYDENHAM JONES defended, at the request of the Court. JAMES CAMEEON (Policeman D 25). On 26th December, about 20 minutes to 12 at night, I was in the neighbourhood of Manchester Street, in uniform—I heard the police whistle blown; I hurried to the spot, and found a large and disorderly crowd there, and three constables with two men in custody, one of whom I afterwards found to be the prisoner's son; they were in a doorway, the constables having them as prisoners—I made my way through the crowd to the doorstep, where they were standing; I
drew my truncheon and turned my lamp on the crowd—I saw the prisoner standing in front of the crowd; he rushed up to me, apparently to strike me; I struck him on the shoulder with my truncheon; a few seconds after wards he rushed up to me again in a stooping position, and struck me a blow in the left hip, and afterwards in the left groin—I felt no immediate pain from the stab in the hip, but I felt an unusual stinging pain from the blow in the groin—I did not see anything in his hand—he disappeared again—I assisted my brother-constables in taking the two men who were in custody, to the station—on my way the prisoner came up behind me a third time and was about to strike me, but was either knocked, aside by the crowd or some of the police, I cannot say which; he failed to strike me—he then disappeared again; that was the last I saw of him—as I proceeded up Hine Street, I found blood trickling down my leg; my trousers pocket was perfectly saturated with blood—I dropped in rear of the crowd, to see if I could find the prisoner—I could not so, and I went to the station and was immediately afterwards taken to the Middlesex Hospital—I was an in-patient there until 7th January—I was incapacitated from duty 45 days completely, and for 14 days partially, from the injuries—no one else struck me but the prisoner—I gave information about the matter—I did not see the prisoner again till the 6th of May—on that day, at 2 a.m., I went to 27, Ogle Street, Tottenham Court Road, with two other officers—I found the prisoner there in bed; his wife and two daughters were also there, and his son who had been in custody—when we entered the room the prisoner said "God strike me blind! I never struck a policeman in my life"—that was prior to our telling him the charge—I understood that Wallis had told him the charge was for stabbing Sergeant cameron, on the night of 6th December 1887—he said "All right, I will come"—when charged at the station he said he was at home and in bed at the time, and he did not know till the next morning that his son was locked up.
Cross-examined. It was a clear, bright moonlight night on 26th December, it was Boxing-night, there was a lamp within two or three yards from where I stood—I could not have arrested the prisoner at the time, we had quite enough to do to keep those who were in custody—we kept observation on his lodging, but failed to trace him—I had no difficulty in recognising him—I turned my light on and saw his countenance fully—I gave a description of him—I did not know him before.
WILLIAM ANDREWS (Policeman 237D). On the night of 26th December I was on duty in Manchester Street—I heard the police whistle and went up, I was in uniform—I saw a large crowd of people—I made my way through and saw two prisoners in custody in a doorway, and three constables there; the prisoner's son was one of those in custody—I assisted to take him to the station—as soon as I got hold of him I saw the prisoner attack Sergeant cameron twice, in the lower part of the body—I did not see anything in his hand—I saw him further down Manchester Street, that was the last time I saw him until he was in custody—I knew him before by sight, not by name—I am quite sure he is the man that struck the two blows—I tried to find him, but was not able to find him.
Cross-examined. It was a bright moonlight night and almost close under a lamp—there was a large crowd, and there were struggles with
the prisoner—I saw the prisoner strike the sergeant—I saw him for about ten minutes, from first to last, and am sure he is the man.
JOHN HARRIS (Policeman D 183). On the night of 26th December, about 12.30, I heard a police whistle in Manchester Street—I went there and saw a crowd, and in the middle of the crowd two men in custody—I went to assist, and took the prisoner's son to the station—I saw the prisoner there—Cameron was standing between us—I did not see the prisoner do anything to him—as we went to the station I saw the prisoner following us—I have known him for some years—I knew his name.
Cross-examined. There was a large crowd, and a good deal of struggling and hustling—I did not see any instrument in the hands of the prisoner.
JOHN WALLIS (Policeman D 165). On 26th December I had the prisoner's son in custody in Manchester Street—I saw the prisoner there at the time; I knew him by sight, not by name—I afterwards tried to find him, but was not able—on 6th May I went with other officers to 27, Ogle Street, and found the prisoner in his bedroom with his wife and family—the son spoke first—he said "God blind me! They are going to put you away"—the prisoner said "God strike me dead! I never struck a policeman in my life"—he was told the charge, and was taken to the station, and the charge entered against him of stabbing Sergeant Cameron—he said he never did it—I knew where he was employed—I made inquiries there, and found he had drawn his money and left.
Cross-examined. There was a large unruly crowd, and a good deal of struggling—we had some difficulty with the prisoners.
THOMAS DUDLEY . I am a builder at 127, Crawford Street, Marylebone—on the night of 26th December I heard the sound of police whistles in Manchester Street—I went there and saw a number of policemen taking two prisoners, and the crowd gathering round, and at the same time Sergeant Cameron was defending his men and keeping the crowd off—there was great confusion; I got close on the kerb—I saw the prisoner rush up in a stooping position and make a blow at the left side of the sergeant's stomach—I saw something in his hand, I could not swear what it was, it glistened like a knife; the time was so short I could not recognise it—I gave a description of the man afterwards, and after that I went to Newgate, where I saw the prisoner among eight others—I recognised him; I have no doubt he is the man that struck the blow.
By the JURY. I did not know the prisoner before. I saw him in the crowd.
Cross-examined. I could not swear what he had in his hand—the blows I saw struck were struck in the stomach; there was a crowd and disturbance there.
WILLIAM NISBET . I am foreman to Jenks and Wood, of 63, Berners Street, Oxford Street—the prisoner was employed by that firm as a labourer up to 30th December last year, when he left about 3 o'clock, giving as a reason, the death of a relative in the country—about half a week's money was owing to him at that time; he drew that and went away—he said, as far as I recollect, that the relative was his sister, or his father's sister—either I or the governor said we thought it strange that he should go—the prisoner seemed to appear as if he wanted to go—he has never come back to work since that date; he held a very good
character while he was in the firm as a very peaceable man; there was nothing against him.
Cross-examined. He had been five or six months in our employment—I could not tell what wages he had—he held the character of being a very peaceable man, inoffensive in every way.
By the JURY. This is not the regular day a man would leave employment; it was Friday, and men would leave on Saturday—we reckon time from Saturday to Saturday, and pay on Friday night.
WILLIAM BACKHOUSE . I am potman at the Coffee-house, Charlton Street, Euston Road—at Christmas last I was employed at the Champion public-house, Wells Street, Oxford Street—I knew the prisoner as coming there almost daily, for six months or so—three or four days after Christmas, in the morning, he came to the bar and said he had drawn his money, he did not say from whom, and he was going to clear out; he had had a few—with the police—I have not seen him since.
WALTER GIFFARD NASH . I am house-surgeon at the Middlesex Hospital—about midnight on 26th December, Cameron was admitted to the hospital—I examined and found him suffering from two punctured wounds, one in the left groin, a clean cut, punctured wound, one inch outside the main artery of the limb, and 11/2 inch deep; the other was on the outer side of the left thigh—I also found cuts in his clothing corresponding to those two wounds—there had been considerable bleeding—they were such wounds as would be caused by a clasp-knife—the prosecutor was discharged on 7th January, I did not see him after that—during the time he was in the hospital there was danger of ulceration from the wound in the groin, there was none actually—no important artery was severed—at the present time he has quite recovered I think, and there will be no further ill-effects, in my opinion.
The Prisoner's Statement before the Magistrate. I am fully innocent of the charge.I was in bed at the time, and knew nothing about my son being arrested till the next morning."
GUILTY of wounding with intent to disable.— Five Years' Penal Servitude.
NEW COURT.—Wednesday, Mag 30th, 1888.
Before Mr. Recorder.
MR.FOULKES Prosecuted; MR. GEOGHEGAN Defended,
EDWARD HARDY . I am a cabinet-maker, of 73, Fellow Street, Kingsland Road—on 15th April, about 1 a.m., I was in Fellow Street; a man asked me the time; I told him, and received a blow behind, and was knocked down and robbed of 8s. 6d. and my scarf pin—I cried out "Don't murder me"—Sergeant Campion came up.
Cross-examined. I walked home—the next day was Sunday—I went to the police-court on Monday, but I have not quite recovered yet.
I heard cries, and saw Hardy on the ground, and the prisoner on top of him, striking him—I went across the road—Hardy rose to his knees in the struggle, and the prisoner knocked him backwards—another man ran away—the prisoner ran, but I pursued him and caught him, and asked him what he was doing with that-man in How Street—he said "I have not been in How Street; I am going home"—I found this handkerchief on the spot, made like a loop to go over a person's head and eyes.
Cross-examined. I cannot say whether it could be worn as a cap—the prisoner gave Hardy a deliberate blow on his chest, not a shove.
ALFRED DOWER . I live at 128, Weymouth Street—I was in How Street, and heard some one say "Don't murder me; don't hurt me"—I saw Hardy on the ground, struggling with the prisoner, who was on the top of him—he ran away, and the policeman ran after him.
Cross-examined. I lost sight of the prisoner, but I saw his face and know him; I did not know him before; I am sure he is the man.
GUILTY . *— Twelve Months' Hard Labour.
MR. BEARD Prosecuted.
DONALD NICHOL , J.P. I live at 29, Buckland Terrace, Hampstead, and am a member of the Institute of Civil Engineers—on Saturday, May 5th, I was standing on the steps of a house in Fifth Street, Soho, waiting to be let in, and the prisoner forced his way between me and the door, and seized my watch-chain—two other men were close behind—I seized my watch and kept hold of it, but the prisoner wrenched my chain away, and struck me on my mouth, and cut my lip through, and broke a tooth; there was something very hard in his hand, a knuckleduster, I imagine—I struck out right and left; one of them cried out "Step it," and they all ran away—I followed about 20 yards, and was gaining on them when one of them stopped short, put his leg out, and I went over on my head; my forehead was very much contused, and I sprained my arm very badly, and have had it in a sling ever since—I was insensible till I was picked up—I described the men, and several days afterwards I went to the police-station, saw several men, and picked the prisoner out—I am sure he is the man—I have not recovered my chain; it was worth 10l.
Cross-examined by the Prisoner. I am certain you are the man—you wore a dark overcoat and a stiff billycock hat—I do not think the other men at the station were old enough to be your father, but there was no other man of your appearance—there was a peculiai look about your eyes on 5th May which I see now—if you had two black eyes when you were at the station, I very likely gave them to you; I did my best.
LEWIS ROEBUCK . I am a butcher, of 50, Old Compton Street, about 50 yards from this spot—on May 5th, about 4.30 p.m., I saw the prosecutor pass my shop—I had seen the prisoner pass previously; he stole the chain and ran down the street—he afterwards put out his leg and tripped the prosecutor up, and he fell—the prisoner ran past me, and I saw him put something glittering into his pocket—I afterwards picked him out from a group, and am sure he is the man.
Cross-examined. I picked you out at the station—you had a bruise on your nose and one on your eye.
EDWARD DARBY (Policeman C 314). On May 5th the prosecutor gave me information, and I looked out, and on the 16th I saw the prisoner in Great St. Andrew Street with three others—I followed him into the Grapes public-house, had a good look at him, told him I was a police-officer and should take him for being concerned with two other men in assaulting Mr. Nichol—he said "I will go with you quietly"—I placed him with five men at the station, and the prosecutor and witnesses identified him—the other men were not old enough to be his father.
Cross-examined. I told the Magistrate that they were similar to yourself—two of them were close-shaved—I saw you a week after the robbery, but was not quite certain you were the man; your face was puffed up as if you had received blows—there was no blood on your shirt—I took you past the shop where the two witnesses were because it was the nearest way to the station—I did not take you round the bye-streets because of the mob which followed you, knowing I should be set upon and lose you.
Prisoner's Defence. I heard nothing of this robbery till the 16th, and before I got to the station they had got five men there. There was nothing the matter with my face, it was in the same condition as it is now. They put a chair in front of me; I said "I will step away from that chair," out the detective said "Keep where you are," and said to the prosecutor when he came in, "Would you like a chair?" he said "Yes," and the Detective placed it in front of me.
GUILTY . —He then
PLEADED GUILTY**to a conviction at Clerkenwell, in August, 1886.— Seven Years' Penal Servitude.
MR. BURNEY Prosecuted.
EDWARD BAGLEY . I live at 16, North Terrace, Woolwich, and am a fireman—on 12th May, at 2 or 3 p.m., I was in Whitechapel—I am a stranger there—I went into a public-house and called for a glass of ale—five or six men rushed on me; one snatched at my watch, and one put his hand in my pocket and took 30s. out—I was pushed down on the floor—one of them shoved his hand over my eyes so that I could not see the others' faces—a constable came, and I missed my chain and 30s.—a man was taken in custody and sentenced by a Magistrate for stealing my chain, which was found on him.
Cross-examined by the Prisoner. There was a policeman in the private bar, who came round and took the man who had the chain.
HENRY IMHAUK (Policeman H 211). On 12th May I was off duty and was in the Enterprise public-house in plain clothes—I saw two men wrangling together, and the prisoner went between them, got hold of the prosecutor, dragged him to the door and threw him out in the read—the landlady gave me information, and a constable outside gave chase to the other man and took him, and he had three months—I went to the station and gave information.
Cross-examined. After you threw the man out you sat on a beer barrel outside by a lamp-post, and a man by your side asked me for a penny to make up a pot of beer—I said "You go and see the landlord"—I did not give you in charge then because I was not satisfied that a robbery had
been committed, and I knew I could get you afterwards—you did not speak to me, but your pal, Shino, did—five or six of you were together—directly you took hold of the prosecutor the other men ran through another compartment.
GEORGE EOLFE (Policeman H"68). On 19th May I took the prisoner in Brick Lane, about 9.30 p.m., and told him he was wanted with another one concerning a robbery at King Edward Street, he said "I know nothing about it"—on the way to the station he said I was sitting outside on a barrel when the robbery was committed."
The prisoner, in his statement before the Magistrate and in his defence, contended that if he had committed the robbery he would not have remained outside the house sitting on a barrel.
GUILTY . He then
PLEADED GUILTY** to a conviction at Clerhenwell on 27th March, 1883, of larceny from the person.— Twelve Months' Hard Labour.
GUILTY . — Twelve Months' Hard Labour.
MR. GILL Prosecuted; MR. GEOGHEGAN Defended,
HERBERT MAY . I am one of the firm of Woolley and Company, playing card manufacturers. Daly who has pleaded guilty was in our employment, and had access to the room in which the cards were kept—the Government stamp is pasted over our covers, and to open them it is necessary to destroy the stamp—cards are not allowed to go out without a stamp—I missed twenty-one dozen packs of cards, and on 23rd April I noticed some of our cards in the prisoner's shop in Holborn, loose, not enclosed in any packet; and one packet with the Government stamp on them and ticketed with the price—I communicated with the policecards which have been used, which are bought second-hand may be sold loose, they would not have this wrapper or the Government wrapper—I went to the prisoner's shop with Enright, and when the police came I went in and saw these packets of cards which had come from our place—there are about 21, and they were all on the table together in packets, but without the stamps.
Cross-examined. I identify 21 packs, not 21 dozen; the prisoner's place is about 20 yards from ours.
JOSEPH ENRIGHT (Detective Sergeant E). From information I received I went to the prisoner's shop, 186, High Holborn—the Wainwrights (See page 179) lived at a lodging-house almost adjoining No. 186—it is a general dealer's shop—I told him I had a warrant to search his place—he said "Yes, you can do that with pleasure"—I said "If you have got any playing cards you had better produce them"—he went to the window and took from it these two packs, without any wrappers, and three packs with the Government wrapper on them—I said "Have you got any more?"—he said "Yes," and went behind the counter and brought this box containing seven packs and covers—I said "Have you got any more?"—he said "No"—I said "I shall have to search now"—I went into the parlour and found nine packs on a chair, under a coat—I said "Here are some more;" he said "Oh yes, I got them from a man who
came from a club last night, he was to call for them to-night"—at that time I saw Mott, the constable, find two other packs—I said "I shall have to take you in custody, and you will be charged with receiving these cards knowing them to be stolen"—he said "I bought them of a lad I know well; he came to me some time back and said his mother had recently died; that she had kept a shop at 17a Little Queen Street, and her name was Roberts, and the cards were left to them to dispose of as they thought proper, and he said "He goes up and down to a lodging-house in black Horse Yard, I will point him out to you"—he went out with me, but we could not succeed in finding him—he showed me this book (produced), and asked me to carry it to the station; he pointed out this entry in it—afterwards Daly and the two Wainwrights, and Fry were taken in custody; Fry was discharged.
Cross-examined. A number of packs were found at Fry's place, but the Magistrate dismissed the case—the prisoner calls himself a pawn broker's salesman—before he said he had no more cards; he had brought out all he had in the shop—he said "No"—he did not say "Not here"—it was partly in consequence of the information he gave me that I arrested Wainwright—he gave me a description of Wainwright; he assisted me in capturing Wainwright—the entry is "J. Roberts, 13, Little Queen Street, three dozen packs cards, 13s"—when the prisoner and Goldberg were confronted together, Wainwright said "That is the man I sold the cards to"—he said "Yes, that is the boy I meant." WILLIAM OAKILL (Policeman). Enright gave the prisoner into my custody—he pointed to some packets of cards on the table, and said "A man called from a club last evening and wanted me to supply him with a dozen packs of cards; I told him I had not got them then, but I would obtain them for him if he called on the following night; he paid a deposit and left."
ARTHUR JONES LLEWELLYN . I am supervisor of Inland Revenue, at Somerset House—on 19th December I noticed some playing-cards in the prisoner's shop-window—one packet was without a Government wrapper—I had two of my officers with me, and sent one of them in to buy a pack of cards, which he did, and brought it out—I then went in and asked the prisoner to produce the cards he had—he brought out six packs, three of them properly enclosed in the Government wrapper, and three with fragments of the wrappers tied round them, so that they could be easily removed—there is 20l. penalty for selling cards without a stamp, and 5l. for each pack.
Cross-examined.. He told me he got them from B.H. Abrahams, wholesale stationer. Houndsditch, and showed me the invoice.
RICHARD WAINWRIGHT (In custody). I have pleaded guilty to stealing these cards—I live at a lodging-house in High Holborn—have a brother Joseph—seeing a few packs of cards in the prisoner's window, in March, I went in and asked him if he would buy a few packs—he said "Bring them—he asked where I got them—I told him that my mother kept a shop them—were wrapped up like this without a stamp—he paid me for them—I did not go again; I only took him cards once—I afterwards saw him again, and he told me he had lost a coat from the shop, and if anybody brought it to the lodging-house it was his.
Cross-examined. I told him that my mother had just died, that she had
kept a shop at 17A, Little Queen Street, that her name was Roberts, and she had left these cards, and I was to do with them as best I could.
H. MAY (Re-examined). The wholesale price of these cards is 21s. a dozen packs.
Cross-examined. Some packs are more expensive still—the Prime Moguls are 24s., the cheapest here are Victoria Moguls, they are 8s. 6d.—here are two packets of them and a remnant of another—the 8s. 6d. includes the stamp which is 3d.—these have not been opened (produced), they are worth about 9s.a dozen, they are not ours, the makers of these, Willis and Company, no longer make cards, and the whole of their stock was sold off at a lower price than they cost, and can be bought under the actual value.
The prisoner received a good character.
NOT GUILTY . (See Daly's Case, p. 179.)
OLD COURT.—Thursday, May 31st, 1888.
Before Mr. Justice Stephen.
JANE DARBY . I am now living in Waterloo Road, Isleworth—I come from Darby End, Staffordshire; I am a nail-maker by trade—I know the prisoner, she comes from the same place and is a nail-maker by trade—I also knew Charlotte Whale, she was a chain-maker—she lived at Gradley; that was her native place, but she lived at Wilmers End—on Saturday, 14th April, I had made an arrangement about coming to London with Whale to get work in the fruit gardens—I saw the prisoner that day at her work in the shop where she worked, Charlotte Whale was there with her—I heard them talking in the shop together, but I was busy with my work and did not hear what they were talking about—next day, Sunday, the 15th, I and the prisoner and Whale came to London, we travelled in the same compartment—they seemed to be on perfectly friendly terms together—on the journey up the prisoner said to Charlotte "I don't think you will behave true to me, "Whale said "I will; you shall go to the same place with me to live and we will sleep together, and if we can get work we will work, together—the prisoner said she did not feel very well—she did not say what was the matter with her—at the Reading Station we all had a cup of tea apiece—we all sat down in the refreshment room and had a cup of tea together—we came on to Brentford and there went to Mr. Callow's—I did not go in; I passed the door to go to my own place—a brother of Whale's and a young man met her at the station—it was between 6 and 7 when we came back—I saw Charlotte again the same night, she came to my place where I lived—next morning, Monday, I went to Mrs. Callow's with Charlotte to try to get work—I saw her again that night, and that was the last time I saw her; I did not see the prisoner again after I left her at Mr. Callow's on the Sunday night.
Cross-examined. While they were in the train and while they were in London they were friendly, there was no sign of any quarrel—I had
known them both before coming to London—I had not seen them together before the Saturday before coming to London on the Sunday.
ELLEN CALLOW . I live at Mitchell's Cottages, Wharton Place, Isleworth—I am the wife of Henry Callow, a labourer—I knew the deceased, Charlotte Whale, she lived with me last summer; we come from the same place—she wrote to me, and I knew that she was coming up to London on Sunday, 15th April—she arrived that day with the prisoner—I had seen the prisoner before, but did not know much of her—I had not much room at my place—she said she would rather be in the same place as Charlotte Whale, and it was arranged that they should sleep in the same bed; another bed in the room was occupied by a woman named Nott—the prisoner and Whale appeared to be on friendly terms, they had tea together—between 7 and 8 in the evening they went in next door, the Royal Oak, together—when they came back about 8 the prisoner said she was not well, and Whale went out and fetched her some spruce or shrub—the prisoner said she had been very bad all the way coming along; she did not say what it was—after drinking the stuff Whale had got for her, Whale asked her if she would go to bed; she said she would, and Whale took her up and put her in bed and afterwards came down—I went to bed about 11—next day, Monday, the prisoner was in bed all day; she said she was very bad—towards night she said she had a pain in the bottom of her back—Whale kindly attended to her during the day, took up her meals and whatever she wanted; whatever Whale had she took a share of it—in the evening she took a mustard poultice to put to her back—she did not stay with her all the day, she had to go out—she attended to her kindly—I saw the prisoner several times during the day—I have a little niece named Annie Willett—during the Monday the prisoner said she wanted a letter written; I said very likely the little girl could write it, and she went up to write it for her—I did not see her write it, I was not upstairs—I can't tell what time in the day that was, it was just before the dinner or just after, it was some time in the middle of the day—I did not see the letter after it was written that I know of, I did not notice—Mrs. Nott, the prisoner, and Charlotte slept in the same room that night; I and my husband and the children occupied the adjoining room—nothing occurred during the night—on Tuesday morning I got up as usual—I took my baby into the room and put it into Mrs. Nott's bed, the next bed to the prisoner; at that time Whale and the prisoner were in bed and all right; Nott had gone to work—that was about 8—I went downstairs to breakfast and got the children ready for school between half-past 8 and 9—the prisoner came down between half-past 8 and 9—she was dressed but not washed—she had no bonnet or shawl on, only a clean apron—she brought a parcel down and laid it on a corner of my table; it was tied up—she wanted to send it down the lane to Elizabeth Proctor, her sister-in-law—she asked if she could see her—I said I did not think so because she had to get in work at Mr. Warren's at a quarter to 9—the parcel remained there till I went upstairs—it was given to Willett to take—as I was going upstairs I heard something like groaning in their room; the door was open—I went in and saw Whale lying on the bed in her chemise—I saw blood over her near her head—I at once went into my room and aroused my husband; he was asleep; he at once got up and I went into the room again—I saw a water-jug standing on the wash-basin at the
foot of the bed, there was blood on it—my husband then went to his room and I went downstairs—this (produced) is the jug—when I went down I saw the prisoner at the foot of the stairs—I asked her what she had done to Charlotte—I said "What have you done it for?"—she said she had done it and she meant doing it—I then came down and ran out to get a neighbour to send for the doctor and a policeman—the prisoner kept saying she had done it and meant doing it, whatever I said to her; she said that she owed her a grudge three or four years ago; that when she was going away one day with the nails on her head, Whale knocked her down—she said "Even I had a letter wrote yesterday, and she met the girl and took it off of her and tore it up and burnt it"—Annie Willett was present when she said this, and I asked her "Did Whale meet you and take the letter off you?" and she said "No, aunt, I never saw Charlotte Whale when I took the letter up"—I asked the prisoner why she did this in my house; that I had quite trouble enough with my children and my husband—she said I might as well have the trouble as anybody else—there was no sign of any scuffle in the bedroom, nothing was disturbed at all.
Cross-examined. The prisoner had been in bed from the Sunday evening till the Tuesday morning—when she came downstairs she seemed all right, as right as I did, and the better of the two—she did not complain to me that Charlotte had been talking about her on the Monday, all she said was about the letter.
ELIZA NOTT . I was living at Mrs. Callow's on Sunday 15th April—I had a bedroom there in which I slept, the other bed was occupied by the prisoner and Whale—the prisoner was not well that night, I don't know what she complained of—she was awake, I went to bed at half past nine; I got up at half-past five, I slept till then—she was awake when I got up—I went to my work leaving them in bed together—I came back about six in the evening—the prisoner was still in bed—I went to bed about half-past nine, the other two still occupied the same bed—I noticed nothing during the night, I heard no disturbance nor any sound—I got up on Tuesday morning about half-past five and went down to get my breakfast, and went to work at 25 minutes to nine—I did not notice whether the prisoner was awake when I went down, I left her and Whale upstairs—about half-past seven Whale called out to me for a cup of tea, I took it up and gave it to the prisoner—Whale drank half of it and gave her the other half—they were both in bed, they gave the cup back to me and I took it down stairs—I went, to work and saw nothing more.
Cross-examined. They appeared to be on perfectly friendly terms, there was no quarelling.
HENRY CALLOW . I am the husband of Mrs. Callow—I was at home on Monday 16th April—I went to bed as usual that night—about half past 8 on the Tuesday morning my wife came into my room—in cones sequence of what she said I went into the room in which the prisoner and Whale and Mrs. Nott had slept; I saw Whale lying on the bed with her head very much injured; she was alive, lying on her left side with her face towards the wall—I saw that the skull had been injured—I at once dressed and went downstairs, and there saw the prisoner sitting on a chair in the front room, I said "What do you think you have done for yourself?" she said "I done it, and I meant doing it; I owed her a
grudge, and 1 know I shall swing for it. "Isaid "If you meant doing it, why did not you do it before you came to my place?"—she said she had not had the chance to do it before—I said "There is quite enough trouble in my house without bringing your trouble here,"—she said "You may as well have the trouble as other people"—the policeman then came and I gave her in charge—she said they had not spoken together for eighteen months before the Saturday they came up—she seemed right enough in her manner, it did not seem to take any effect upon her at all, she sat in a chair there as right as I was—Whale was about 26 years of age.
EMMA ASH . I am the mother of Henry Callow—on Tuesday morning, 17th April, at a quarter to nine, I was sent for to his house, where I saw my son and daughter-in-law—in consequence of what Mrs. Callow said to me, I went upstairs to the bedroom, and there saw Charlotte Whale lying dead—after that I went down into the front parlour, and there saw the prisoner sitting on a chair—I told her to prepare herself for another world, for the action or deed she had done to the poor girl upstairs—she said "I have done it, and I meant to do it, and I know I shall have to swing for it"—I told my son to send for a doctor or the police, and I said to the prisoner "You don't go out of this house," closing the front door; she said "You need not be frightened, I did it, and I am not going to run away"—she poured out a cup of tea and drank it—she was quite calm when she poured out the tea—she did not tremble in the least, not so much as I do at the present moment.
ANNIE WILLETT . I am 10 years of age—I live at Mitchell's Cottages with my aunt, Mrs. Callow—I can write—on the Monday I was asked to go up to the bedroom; I saw the prisoner there in bed—I wrote this letter for her; it is all my writing; she told me what to write, and I sat down and wrote it; she told me to go and post it—I put it in an envelope and directed it—I did not put the stamp on—I went out and posted it; I think it was before dinner—I saw Charlotte Whale that day after the letter was posted—she did not speak to me about the letter; nobody touched it. (Read:"My dear brother and sister, I write these few lines to you, hoping it finds you all well, as it leaves me very ill, for I have not been out of bed since I came, for the air is too strong for me. I want you to send me the money to come home. I cannot stop where I am, for there are so many living here, and it is very hard to be here by myself. If you can send me 8s. 6d. I can come home for it, so shall be all right if I come home; and I would soon make it all right with you if I come home. I shall not be able to stand the work, but there is no work; I don't know when there will be any. I hope you will try and send it to me as soon as you can. Ask my sister to send you a shilling. Henry Callow, to be left for Ellen Procter, because there is so many there. Charlotte saw her brother James the same night as we came.") The next morning, after writing that letter, I saw the prisoner downstairs—I saw a parcel on the table—the prisoner said "Here, come, and take this down to Elizabeth Procter"—I took it; it was in something, and when I got just below our house I met Elizabeth Procter, and she halloaed down to Sarah Ebsworth, the daughter of the landlord, and said "Take this downstairs," and she took it upstairs and put it on a box.
till about 12 months ago, when I came to London—during the time I was there I knew both the prisoner and Charlotte Whale—on Sunday night, 15th April, I was at the Royal Oak, Isleworth, about half past 7—the prisoner and Whale were there—the prisoner spoke to me—I left them there; that was all I saw of them that night—next day, about a quarter past 12, I went to Mrs. Callow's, and saw the prisoner there in bed—she said she wanted to go home—she asked me if I had got the money to lend her to go home with—she complained that her back was very bad—I told her I had not got the money—about half past 6 that night Whale came to me—from what she said I went again to Mrs. Callow's that evening, and saw the prisoner in bed—I took her up some eggs and tea, and she ate two eggs—she complained the same of her back—I remained with her about an hour, till half past 7; I left her in bed—next morning, Tuesday, the 17th, about 20 minutes to 9, I met Annie Wiilett carrying a parcel—I took it and gave it to Sarah Ebsworth to put on my box—after that I went to Mrs. Callow's, and there heard that Whale was dead—I saw the prisoner; I can't remember her speaking to me.
Cross-examined. I know the prisoner's family—I knew her father—I don't know that he suffered from brain disease, or that he was subject to fits—I knew one of her elder sisters; I don't know that she was subject to fits, or her younger sister—I knew her brother Joseph—I don't know that he was subject to fits for many years—I think he has one or two children—I do not know that they suffered from fits—I never knew the prisoner suffered from fits.
SARAH JANE EBSWORTH . On Tuesday morning, 17th April, this parcel was given to me by Annie Willett—I took it to the station the same day, and there saw it opened by Inspector Thompson—it contained a number of articles of female clothing; some boots, a teapot, sugar basin, 2 lbs. of sugar, and a comb.
RICHARD PEABCE (Policeman T 393). About 9 o'clock, on Tuesday morning, 17th April, I was at the Isleworth Police-station; from what I heard I at once went to No.1, Mitchell Cottages, and upstairs in a bedroom I found Charlotte Whale covered with blood; I saw serious injury to her head—I came downstairs at once and spoke to the prisoner; I was in uniform—she spoke first; she said "I did it; I meant doing it"—she did not say what with—I saw this jug in the bedroom; it had blood on it, and so had the basin—I took her to the station, and the jug, and she was charged by the inspector in the usual way—there was no disturbance of the furniture in the room, nor any signs of any disturbance—the woman was alive when I went in—I went downstairs waiting for the doctor, and when I went up again she was dead.
ALBERT BRIAN DAY . I am a surgeon, at Isleworth—on Tuesday morning, 17th April, about 9 o'clock, I was sent for to No. 1, Mitchell's Cottages—I went there as quickly as I could—in the front room upstairs I saw a woman lying; she was quite dead—the right side of her head was beaten in, and some of the brain was protruding—there were three distinct fractures—there had been a great deal of bleeding—I made a post-mortem examination—the side of the head was beaten in one part, and there were two other fractures on one side of the ear—that could not all be caused by one blow—I think there must have been three or four blows at least; they must have been given with great violence—
the organs of the body were perfectly healthy; the fracture of the skull was the cause of death—this jug might produce such injuries without breaking it; I should have thought it would have broken it, but it did not.
WILLIAM THOMPSON (Police Inspector T). I was on duty, at Isleworth Station on the Tuesday morning, about 10 o'clock, when the prisoner was brought in—she gave her name and address, "Sarah Ann Procter, Windmill end, Dudley, Staffordshire, nail maker"—she appeared to be quite rational—there was a correction made in the name—I put "Sarah Ann Procter "first, and corrected it to "Ellen"—I entered the charge against her for causing the death of this woman—I read the charge to her, she made no reply—she did not tell me to correct the name; I round I had put the wrong name, and I corrected it afterwards, she did not point it out—I got this bundle from the lodging of Elizabeth Procter—it contains wearing apparel, sugar, and various little articles.
The following Witnesses appeared for the Defence. ELIZA PAYNE I live at 13, Windmill Lane, Netherton, Dudley—I am the prisoner's sister—in October, 1883, she received an injury at the hands of her brother; he hit her; it was very dark at the time, and I could not say just where he touched her, it was with his open hand; she was attended by Dr. Standish, and she went to the hospital some time after—after that injury I noticed a difference in her behaviour—she complained of people trying to do her harm; she said "All the publicans in Netherton would hang me with a grain of salt, since I left Evans's"—that is a phrase used in our part of the country; it means "hang you for nothing"—Evans's is a public at Windmill End—she used to work for me in my nail shop, she was working when she said those words—before she came to London she became very queer; she would stand and talk about people doing her harm, and she would say "This blow Charles has given me will certainly kill me"—she always complained of her head—when my brother struck her she was insulting her mother, and he ordered her away—there was nothing in his hand, the blow was with the open hand, and she was running when he hit her, and she stepped on her dress, and fell on the soft by my house door; the soft is a drain made of bricks—Mrs. Whale, Charlotte's mother, picked her up, and she was smothered with blood—she was cut under her throat,—Mrs. Whale's hand went into her throat when she picked her up—I could not say how her head was served—Dr. Standish saw her—we persuaded her to come up to Isleworth, she had been ill so long, we thought it would do her good; she seemed willing to come, we never knew that she was coming until the morning I sent her the money to come up with—we thought the fresh air would do her good; we noticed her being bad—Charlotte Whale and the prisoner have sat together many a time at my house the last month, and many a time before; they were on very good terms—my father suffered in his head, he was like in a nervous bad way with his head—he was out of work four years because of the state of his head—I had six sisters, one died; one of them suffered from fits, the next but one older than the prisoner—my brother Joseph suffered from fits when he was a little boy, not since that I recollect—I don't know that he was suffering from a fit at the time he struck my sister—he has two children living, the eldest one suffers from fits, he has fits regularly—I never knew the prisoner to have fits—she had a severe blow on the head from
the deceased in 1885—I could not say what with, my sister was carrying some nails on her head, and Charlotte gave her a below; and she always complained of her head afterwards, and said that the blow Charlotte gave her would kill her—she complained when she was at work in the shop, and held her head, and said that—she has complained of her head all her life.
Cross-examined. Up to the time of her coming to London she had been employed at Messrs. Lewis's, as a nail maker, Mr. Steerman was the foreman—she was at work there up to the Saturday—she had not earned her living the last part of the time; she stopped at home, but she always worked in the nail-shop.
MAAY MILWARD . I live at 5, Windmill End, Netherton, Dudley—I am a nail maker—I have known the prisoner many long years—I knew her working for Messrs. Lewis—I saw her on 13th April last, she came to my shop and asked if I would find her some nails to make—she said My head is very bad; my head will kill me"—she did not look very well, I was rather timid of her—I was frightened of her—she had complained to me of her head hundreds of times—I have seen her in the company of Charlotte Whale, they were often together, they sometimes lived together for a month at a time, they always seemed on good terms.
Cross-examined. She worked for Messrs. Lewis, in the nail-shop up to the time of her coming to London.
HANNAH WALKER . I live at 19, Windmill End, Netherton, Dudley, and am a nail maker—I have known the prisoner all my life—I was with her on Saturday, 6th Feb., 1885, we were walking along the road, she had a bag of nails on her head, and Charlotte Whale came out and struck her on the right ear, and blood spurted out of her left ear—after that she used to put her two hands up and say "My head will drive me mad, I shall die from the blow that Charlotte gave me, I have never been right since"—that has often occurred when we have been at work together in the shop—her manner changed after that blow—she has complained of the people about her, that they wanted to do her an injury, without any reason—after that blow I have seen her and Whale in company on many occasions, and they always seemed on perfectly friendly terms—I have never known them quarrel since that.
Cross-examined. The prisoner took out a summons against Whale for the blow, and went before the Magistrate—I was not there—I have been working with the prisoner close on three years in the same shop; all that time she was getting her living by nail-making until she came to London.
JOHN TAYLOR . I am a nail manufacturer, at 32, Windmill End, Netherton—I have known the prisoner all her life—she has been a nail from her youth, always very hard-working and industrious—I remember her receiving the blow from her brother in October, 1883—I know that he suffered from fits at that time; her father suffered from fits, and other members of the family, especially her brother Samuel—they were epileptic fits, screams and struggling and insensibility—he had them frequently till the last 12 months—after she received that blow her conduct altered; she was in a sullen sort of way; she would sometimes come to my place for work when she had plenty, and then she would walk off and say "You won't give me any"—she has not complained of her head to me personally—I have heard her complain to other people; I have heard her say to her shopmates that
her head was so bad she could not work, and she would be obliged to give over work for the day.
Cross-examined. She was regularly employed by Messrs. Lewis, and I thought it strange she should come to me for work.
JOHN STURMAN . I am a member of the firm of Lewis and Co., nail manufacturers, near Dudley—I have known the prisoner between five and six years—she has worked for the firm about 25 years—for the last two or three months I have noticed her rather strange in her manner; she has complained of pains in her head, and she would not be able to reckon up her work—she has complained of not being taken notice of, nor put on to the best work as she used to be, and that we did not use her rightly, and I know that she has not had the least provocation—that has been so for the last six months or so.
Cross-examined. She continued to work for us up to Saturday, 14th April—she received her wages that day; she earned 8s. 6d. on her own account, and 4s. 7d. her sister earned, which she made part of; her usual wages would amount to about 10s.—I saw her on the Saturday afternoon—she did not tell me that she was going to leave—we expected her back—she had her iron out to make nails for next week—I heard on the Tuesday morning that she had gone to London to pick fruit—I never found anything wrong with her work; she was a very good workwoman, and gave every satisfaction.
THOMAS STANDISH , M.R.C.S.I practise at Crawley Heath, Staffordshire—on the evening of 13th October, 1883, I was called to attend the prisoner; she was unconscious, suffering from a lacerated wound of the chin, and a severe contusion over the left ear, with bleeding from the ear—that would indicate a rupture of the membrane—I attended her for two or three weeks; she suffered a good deal—I have not seen her since—there is a tube running to the ear from the throat, down which matter passes; so long as that passes away she would be in pretty fair health in all probability—if that is blocked up there would be inflammation of the internal ear, and probably from that inflammation of the brain—I have heard the evidence as to a second blow, and as to her frequent complaints of pain in the head; that might very likely unhinge the mind altogether, produce delusions, and perhaps ultimately insanity—she might be suddenly seized at any time—a person seized suddenly in that manner might act almost automatically, and I think would not be able to reflect upon the nature of what they were doing, in such a manner as would withhold an ordinary person from committing a crime.
Cross-examined. When I was called I found her unconscious; if I remember rightly she regained consciousness during the time I was putting sutures under the chin, that took some time—that would show that there was some concussion of the brain; that might be caused by a fall or blow—it is a fact that very often actual injury to the brain by concussion may follow years afterwards; a second blow would of course add to the mischief—I have heard the evidence as to her frequent complaints of pains in the head—I should infer from that that there was probably some chronic action of the membranes of the brain—from her unfounded complaints of persons being unfriendly to her, I should infer that she was still suffering from the consequence of the injuries, that she had delusions—when a person is once shown to be the subject of
delusions it is difficult to say what they may do; it is a common symptom of insanity to entertain unfounded suspicions.
CHARLES WARDEN . I am senior medical officer to the ear and throat hospital at Birmingham—on 29th September, 1884, the prisoner was under my charge—according to the notes it was reported to be for rupture of the membrane of the ear—I cannot remember how long she was there, there are several re-entries; this in September was a re-entry, so she had been there before, and unfortunately that has prevented my making further investigation into the history of the case—I remember that she was very sullen and showed signs of what I should call temper—I have heard the evidence as to the injuries she received, and the complaints she made—I quite agree with Dr. Standish as to what he says might be the results.
Cross-examined. There was rupture of the tympanum of the ear—that is reported in the books—as far as I can make out she was attended at the infirmary seven or eight months—I should judge from her symptoms that there was injury to the membranes of the brain—I perfectly agree with Dr. Standish's evidence.
HENRY CHARLTON BASTIAN , M. D. I live at 20, Queen Anne Street—I have seen the prisoner on two occasions since she has been in custody, on 21st and 23rd May—I have heard the evidence as to her injuries, and her complaints of her head, but I have founded my conclusions from my own observation of the prisoner—I found that she showed evidence of an altogether unnatural tenderness about the head, which I understood was the result of two blows which she had received—if that tenderness was really set on foot by the blows, and had continued all this time in conjunction with other symptoms, it would indicate chronic inflammation of the membranes—she also complained of singing and ringing noises in the head, and also of attacks of giddiness from time to time, as well as almost constant pains in the head, apart from mere tenderness—all those things would go to strengthen the conclusion that she had chronic inflammation of the membranes of the brain—I talked to her about her past history, and also referred to this crime—I did not question her closely as to what she had done—she professed not to know or recollect what had occurred after she had taken the cup of tea, but she volunteered a statement that she had no reason for doing it; she did not know why she could have done it—that oblivion is a very common thing if there has been an access of anything like a maniacal or epileptic form—there was nothing about her to give me an idea that she had been suffering from fits—a person may have a tendency to epilepsy without any outward sign of it—if her father and relatives had suffered from that disease that would render it more probable that she might have a tendency in that direction—I think her attacks of giddiness were modified epileptic attacks—she complained very much of sleepless nights, and I found from the hospital reports that she slept very little; that would not of itself suggest epilepsy, but it would be in accordance with an inflammatory condition of the membranes of the brain.
Cross-examined. I went to see the prisoner at the request of the Public Prosecutor to assist the Court—I had reports from the surgeon of the gaol and his assistant—I have not the least doubt that she is suffering from brain disease; her whole manner is that of a person so suffering
—she said she had no reason for doing the act, and that she had no disagreement with the deceased after having the tea with her; that she turned round and went to sleep, and beyond that recollected nothing.
By the COURT. It is a feature of epilepsy that the person may have a sudden attack, and will then do most extraordinary things unconsciously, and may commit any crime that would occur to them—I think the most important aspect of this case medically is the fact that she had been suffering for years with pains in the head, sleeping very little for a prolonged time, the condition of the family in which epilepsy was rife, and probably suffering from minor forms of it herself—she said "If I had known what I was doing I should not have hurt her; I did not know what I was doing"—I took those words down—she seemed to be quite genuine; she did not deny the act—she injured herself in the hospital in one of the fainting attacks—I examined the hurt; it was not an ordinary fainting attack, probably an attack of a different kind—if it is correct that she slept very little that would be accounted for by brain disease.
PHILIP FRANCIS GILBERT . I am medical officer of Her Majesty's Prison, Holloway—I have heard Dr. Bastian's evidence, and I have myself seen the prisoner very often—I agree with what Dr. Bastian has said.
GUILTY of the act charged, but being insane at the time.— To be detained during Her Majesty's pleasure.
MR. MUIR Prosecuted; MR. HUTTON Defended.
GUILTY of an indecent assault.— Four Months' Hard Labour.
MR. MUIR Prosecuted; MR. HUTTON Defended.
NOT GUILTY .
NEW COURT.—Thursday, May 31st, 1888.
Before Mr. Recorder.
PLEADED GUILTY .
DALEY— Twelve Months' Hard Labour. RICHARD WAINWRIGHT— Four Months' Hard Labour. MR. GILL offered no evidence against
JOSEPH WAINWRIGHT NOT GUILTY . (See page 170.)
MR. GRAIN, for the Prosecution, offered no evidence.—
NOT GUILTY .
TODD (24), and FREDERICK DENHAM (20), Burglary in the dwelling-house of Mary Ann Hicks, with intent to steal.
MR. ST. AUBYN Prosecuted. MARY ANN HICKS. I am a widow, and am landlady of the Old Three Mackerels, Mile End Road—on 7th May I went to bed about 12.15 a.m., after locking up the house carefully—the door and fanlight were fastened—I was aroused just before 1 o'clock by a noise in the bar, went to the window and saw three men in the street, and heard someone inside—I called to know what they were doing, but got no answer; I continued asking, and then heard the house-door forced open; I heard someone inside undoing the bolts of the front door—they all disappeared as if they had bundled in at the door at once, and then they all rushed out directly and ran away—I called out, and a policeman came up; he was almost near enough to catch them when they rushed out—three ran towards Hereford Street, and one, in a black coat, towards the bridge—I found the fan-light open; it fastens with springs, and one spring being weak was fastened with a wedge, which was found on the floor, and a stool, which was safe when I went to bed, was found at the door—the bolts were unfastened when I went down, and the door open—the four prisoners were customers in my house when it closed.
JOSEPH LOWDELL (Policeman J 95). On 7th May, about 1.15 a.m., I was on duty near this house, and saw Sharp, Todd, and Denham run out; I blew my whistle and gave chase; I lost sight of them for a moment as they turned a corner—they were captured immediately by two constables—Rowe went in another direction, but I saw him captured while I was pursuing the others.
ERNEST BACCHUS (Policeman H 359). I was on duty in Hereford Street with Carpenter, and heard a police-whistle blow; I went in that direction and saw Sharp, Denham, and Todd run round a corner; on seeing us they stopped; I caught hold of Sharp and Denham; Low-dell came up and we took them to the prosecutrix's house, and when they were inside Sharp said "A still tongue makes a wise head, chaps; say nothing"—they said nothing; they were taken to the station.
Cross-examined by Todd. You offered to strike me.
WILLIAM ARMSTONG (Policeman K 480). I was on duty and heard a police whistle, and in less than a minute I saw Howe running from the direction of the sound; I stopped him and asked him what he was running for—he said he was running home—I said "Did you hear the police whistle?"—he said "No"—I said "I shall detain you, I fear there is something the matter"—when he was charged at the station he said that he was running home from a row on Globe Bridge—he was running towards the bridge—I had been there previously and there was no row there—he was running fast and was out of breath.
JOSEPH WHITEHURST (Police Inspector Y). I was a sergeant in the J division at this time, and on the night of 7th May 1 was on duty at Bethnal Green Station when the prisoners were brought in—I then went to the public-house and found the fanlight broken, and the wedge on the floor—the aperture of the fanlight was large enough for a person to get
through it—I found this stool in the bar with footmarks on it, and there were marks inside the fanlight where the stay had been forced from it.
Sharpe's Defence. I was on my way home and the policeman took me. I expressed my innocence, and he said "No, my lad, I don't think you had anything to do with it."
Rowe's Defence. I met Todd who lived in the same house with me. some young chaps got in front of us and interfered with us; I did not want to have anything to do with them and commenced running, and a constable said "I must detain you, as I have heard the police whistle. "I was running home because I had to get up at 5 in the morning to go to work. He said "I know you your name is Wright, your father keeps a confectioner's shop."
J. LOWDELL (Re-examined). I asked Rowe his name, he said "George Wright"—I said "Is that your correct name?"—he said "Yes"—at the station he said that his name was Rowe—I thought he might be the son of a confectioner who lives close by.
Todd's Defence. I was coming down Mile End Road and saw a row, we got interfered with on the bridge by some chaps, and the constable took me. I have got a good situation. I have a wife and child to keep.
Denham's Defence. I was going home, and heard the policeman's whistle, and saw three men running; the policeman stopped me and said "Here is one of them. "I have a good situation and a good character.
GUILTY. SHARP then
PLEADED GUILTY** to a conviction at this Court in December, 1885, in the name of William Road.—Five Years' Penal Servitude. ROWE, TODD, and DENHAM.—Twelve Months' Hard Labour each.
MR. POYNTER Prosecuted.
MICHAEL MCSWEENEY . I am a labourer of 20, Railway Cottages, Willesden Green—on Whit Sunday, between 2 and 3 a.m., I was near Gray's Inn Road and met the prisoner and several others, and went with them to a coffee-stall—I paid for what I had, but I am not certain whether I paid for them—I had 7s. or 8s. in my trousers pocket—I had left my watch at the public-house bar—I had been drinking, but was getting better—when I left the stall the prisoner followed me and knocked me down, and two or three men got on top of me, while others held me down—there were three or four in the gang; they took my money 7s. or 8s.—a policeman came up and took the prisoner—the others went away.
Cross-examined by the Prisoner. I was at the Three Tons; there were some females there—I do not remember seeing you there—I do not remember leaving the house—I may have said at the coffee stall, to get rid of you, that I had no money.
THOMAS HAYTREAD . I keep a coffee-stall in Gray's Inn Road—about 2.30 on Whit Sunday morning McSweeney came up with the prisoner and two females—they called for four cups of coffee, and the prisoner said "It might be half-a-dozen"—two young chaps came up, one in light clothes and one in a dark coat—they all had coffee, which the prosecutor paid for—they had an argument, and the prosecutor left,
and the prisoner and the females went the other way—the prosecutor crossed towards Eley's shop, and I saw him knocked down, but could not see who by, because they were all round him—the prisoner was with them, but I could not leave my stall—a policeman went over and caught him—I saw two run away.
Cross-examined. The prosecutor paid me for four cups of coffee; you asked him to pay for some cake, and he said he had no money—I saw you follow him—he was not very drunk; he knew what the change was—you paid me for two eggs.
ALFRED BATES (Policeman E 255). I saw the prisoner and prosecutor and three more men in Gray's Inn Road—they surrounded him, but I did not see him knocked down—I went up to him, and he said he had been knocked down, and robbed of his watch and chain and 6s.—he was rather the worse for drink—I saw the other men run away—I took the prisoner, and found 7s. 6d. on him.
Cross-examined. There were no women there—you may have been sober.
Prisoner's Defence. When I first met this man at 10.30 at a public-house in Hatton Garden he was with four or five females, drinking. He forced his conversation on me, and handed me a glass of ale, and I drank it. We stood outside the public-house, and he asked two women to go to a coffee-stall and have some coffee. The four of us went to the stall. He called for four cups of coffee, and I called for some, and on turning round to hand him a cup he had gone. I saw him about 50 yards off with his back against some railings talking to a female, who walked away when I went up, and he charged me with stealing his watch, value 5l., and his chain. The inspector asked him if he had lost any money—he said "Yes, five or six shillings. "This (produced) is a 10 years' good character from my foreman.
NOT GUILTY .
THIRD COURT.—Wednesday and Thursday, May 30th, and 31st, 1888.
Before Mr. Common Serjeant.
MESSRS. POLAND and BODKIN Prosecuted; MR. JARVIS Defended.
JAMES CHISLET . I am a clerk in the office of the Field newspaper, 346, Strand—I produce a copy of that paper of 11th February, which contains the advertisement: "Non-slip Retriever. Gentleman leaving England offers two seasons curly dog perfectly broken, land and water; stands dead under heavy fire; keen on wounded game; tender mouth; nominal price to good home. Soames Paget, 18, The Terrace, Bedford Park, S.W. "I produce the copy from which that was printed—it was brought to the office on 9th February—I do not recognise who brought it—5s. was paid for the insertion.
Cross-examined. Answers are to be sent to persons' initials at times.
WILLIAM STANLEY . I live at Gray Southern, near Carlisle, and am a land agent—I saw the advertisement in the Field of 11th February, and answered it to Soames Paget, 18, The Terrace, Bedford Park, S.W.—I then received this letter by post. (This, dated from 18, The Terrace,
Bedford Park, 15th February, 1888, said the dog was a retriever, well bred, of the King Coffee strain, and had spent all his life on the Argyllshire moors, and spoke in the highest terms of him.) I believed the contents of that letter, and in consequence of it and the advertisement I thought this was a genuine matter, and that the person bad got the dog he advertised, and I drew this cheque and sent it by post to the name and address mentioned. (This cheque was for 4l. 2s. 6d., dated 16th February, 1888, and was on the Whitehaven Joint Stock Banking Company, in favour of Soames Paget, or order, and was endorsed "Soames Paget") In due course that went through my bankers, and was returned cancelled in the ordinary way—the dog never came.
JOSEPH WILLIAM HORWOOD . I am a jeweller of 48, College Street, Chelsea, and am the owner of this black retriever dog. (The dog was brought into Court)—on 20th February about 8 a.m. I let the dog out for a run in the street—it then had on a leather collar brass-mounted with a plate with my name and address on it—I missed it the same evening—next morning about 8 o'clock it was waiting at the door to come in—it then had on a new collar with a chain and label attached—there was no plate on the collar—this is the label. (On this was:"Very urgent. Mr. Stanley, Esq., London and North Western Railway, Gray Southern, Carlisle, Broughton Cross Station, via Penrith, will be called for"). I value my collar with the brass plate at 3s. or 4s. and the dog at 4l.—I did not authorise the prisoner to take the dog away—I had not seen the prisoner till I saw him at the police-court.
EDWIN TAYLOR . I am parcels clerk at the Clapham Junction Railway Station—on 20th February about quarter to 9 p.m., the prisoner brought a black retriever dog there—I cannot swear to the dog—this one is like it—in my presence he attached this chain and label to it, it had a collar on—it was to be sent to the address on the label—he did not pay for it—another man and two other dogs were with him at the time—the dog was put into the 9.18 train, of which Larcher was the guard in charge.
Cross-examined. Only one man was with the prisoner, and two more dogs—they were sent away by the 9. 18 train to other places—the prisoner had the three dogs—they were all very much alike in appearance, black retrievers—the prisoner tied the label on.
GEORGE ALBERT LARCHER . I live at 42, Russell Street, Battersea Park Road, and am a guard on the London, Brighton, and South Coast Railway—on 20th February I was in charge of the 9.18 train from Clapham Junction to Addison Road—at Clapham Junction three black retrievers were given into my custody by Taylor—one of the dogs had attached to its collar this label addressed to Mr. Stanley, Broughton Cross, Station, via Penrith—at Addison Road I got out of the train when it stopped, and as soon as I opened the door of the brake-van the dog bolted out.
JOHN RODHAM . I live at Rodham Hall, Wool-perton, near Alnwick—I saw this advertisement in the Field of 11th February, on the 12th, and in consequence I wrote to Soames Paget, 18, The Terrace, Bedford Park, W—I received this letter of 12th February in answer, purporting to come from him at that address. (This letter spoke in high terms of the dog as a sporting dog.) I received this of 22nd February. (Stating that the dog was away wild-fowling with a friend in Hampshire, but that if a
cheque were remitted that night the dog should be sent on Saturday or Monday.) I received this letter dated Sunday. (Stating that his nephew was using the dog at a friend's place in Hampshire, but that he would send him on Tuesday or Wednesday; a postscript added that he would come that night) I believed the statements in the advertisements and in those letters—I then drew this cheque for 3l. 16s., and sent it off by post to the same name and address. (The cheque was dated 24th February, and was on the British Linen Bank, in favour of T. Soames Paget; it is endorsed, u Soames Paget") That was passed through my bankers in the ordinary way, and came back to me paid—the dog arrived on 8th March, that is the dog. (Another dog was brought into Court.) I sent this label to Soames Paget that he might put it on the dug when it came to me; the "Alnwick "was written when it came to me—I tried the dog out rabbit shooting—he chased the rabbits up—he looked rather surprised under fire—he was not a trained sporting dog at all—I returned it by the next train, it was quite worthless to me.
Cross-examined. It was advertised good in all branches, I believe; rabbits are vermin, not game—I know something about sporting dogs—I know a dog that will retrieve a rabbit will retrieve game; I do not know if the converse of that is true—the dog arrived on the 8th; it had travelled all night—I kept him in that day and fed him, and took him out on the 9th, not on the 8th—it depends on the dog's character whether he would get accustomed to me in 24 hours—a dog of good character might not be subject to such a test—after sending the dog back I got my money back—when I was at Hammersmith Police-court I got a telegram from my seat in Northumberland, saying the money was returned on 11th April—I paid the carriage, which is 6s. or 7s. to Northumber-land, I think—I received back 3l. 17s. 6d.—the day after I sent the dog back I had a notice from the police that the dog was stolen—I did not expect to get a very valuable dog for 3l. 16s.; when I wrote to the prisoner I said, if the dog was half as good as he said, I should be satisfied—I had not an opportunity to try him with birds.
Re-examined. I came up to give evidence when the prisoner was in custody, and after I had come up to give evidence I received the 3l. 17s. 6d. with this letter in Northumberland. (The letter was not signed. It was dated from Richmond, Surrey, and requested him to find enclosed postal order for 3l. 17s. 6d. for dog sent by Paget to Mr. Rodham.) It is not in the same writing as the other letters.
BENJAMIN HANCOCK . I live at Guthrie Street, Chelsea—I am a butcher, employed in the service of Mr. Mellows, a butcher, of 303, North End Road, Hammersmith—on 6th March, about 5.30 p.m., I missed this dog, which belongs to Mr. Mellows—I next saw it on 7th March in the care of a man from Chelsea Road railway station, who brought him to the shop—we spoke, and then the dog was taken away to the station again—on 6th March the dog was wearing a leather collar with a brass top to it, studded with brass nails—next day, when the railway man brought it, it had another collar on—I did not notice if it had a label on—the value of the dog was about 3l., and its collar half-a-crown—on 29th March the dog was brought back again for good by a railway porter from Addison Road Station.
Cross-examined. I can swear to the dog—I have been 18 or 19 months in Mr. Mellows' employment—the dog had free liberty to run about
the streets—we had not lost him before—he had a collar but no chain on when he was lost; he had a chain when he came back.
Re-examined. I have known the dog about nine months—I have no doubt this is the same dog.
WILLIAM NEWSON MELLOWS . I am a butcher, of 326, North End Road, Fulham—I have had this dog about twelve months—the dog was missed on 6th, and I saw it next about a fortnight afterwards, when it came back—when missed it had on a plain collar with a brass plate—when it came back it had a small strap, not my collar—I don't know how it got taken away—nobody had any authority to take it away or sell it.
HARRY PROSSER . I live at 79, Harwood Road, and am parcels clerk at Chelsea Railway Station—about 7.30 p.m., on 6th March, this dog was brought to the station by the prisoner, who asked me to send it away—he put this label with the address down on the desk. (Upon this label was "Please give me a drink. R. J. Rodham. Rodham Hall, Wool-perton, near Alnwick, Northumberland, Alnwick Station.") I copied that address into a book—I could not find out where Wool-perton station was till next day; I had to consult with a clerk at the station, and the dog was detained at Chelsea Station all night on the 6th—next day, about midday, I and the dog went out for a run—the dog ran towards a butcher's boy; I had to follow as I had it by a chain—the butcher, I, and the dog, all went to Mr. Mellows' shop, where I saw Mr. Hancock—he identified the dog—I told him all about the dog, and where I had got it—I took the dog back to Chelsea Station; he did not give me permission to do so—the same day the label that the prisoner had given me was tied on, and the dog sent to the address on it.
Cross-examined. We kept the dog for one evening in the parcels office—I am sure it did not escape—some one was up there till 12 o'clock—the booking-clerk had the key of that room; he is not here—I will swear that the dog that left that evening to go to Wool-perton was the dog I took out next morning, and that was identified by Mr. Mellows—I say that from personal knowledge of the dog—I last saw it at 8 o'clock in the evening, and came on duty at 9 o'clock next morning—I ever saw the dog in the interval—porters have access to the parcels office, and if the dog had escaped from there I should have known nothing of it, if I had found another dog there in the morning—I had it there about two hours—I did not send it off at once because I wanted to book it through and send it direct—it was not my duty to send it to the head office.
Re-examined. The prisoner brought the dog about half-past 7, and left it in the parcels office; at half-past 8 no other dog was there—in the morning I found it safe at 9 o'clock—there is no doubt it is the same dog—the difficulty was to find the station, Wool-perton.
WILLIAM HENRY HOLLINGSHEAD . I am clerk in charge of the Chelsea Railway Station—on the evening of 6th March I saw this retriever dog there, and this label with the address of Mr. Rodham, Wool-perton—I did not know that station, and detained the dog during the night, and made inquiries next morning at Addison Road Station; then I found Wool-perton was 10 miles from Alnwick—after the dog had been taken out by the last witness he was sent on with this label, to which I added "Alnwick"—on 3rd April the prisoner brought another dog to Chelsea Station to be booked to a station on the same line—I had heard then
about the dog sent to Mr. Rodham being returned, and I said to the prisoner "We had some trouble about the last dog that you brought here"—he said "What dog was that?"—I said "The dog that was sent to Wool-perton, to Mr. Rodham"—he said "Oh yes, I remember; that belongs to my governor; nothing to do with me"—I took his governor to be his father—I said it had been returned to Addison Road Station—he said "Where is it now?"—I said "I don't know"—he said "Well, I daresay my governor had made it all right with the company," or words to that effect—he left the dog he brought on that occasion to be forwarded—I followed and saw him join two men with a pony and cart—I gave information to the police at once, but lost sight of him when the policeman was coming—I next saw the prisoner in custody.
Cross-examined. On 3rd April he did not tell me where he had got the dog from—I knew then that Mr. Mellows had claimed the dog; I did not tell the prisoner that—I did not have much conversation with him—he did not tell me he had bought the dog of a man named White, at Fulham, or that he was in the habit of getting dogs from White, a dealer at Fulham—I believe the prisoner has sent off dogs on more than one occasion—I am positive the dog was not lost at the station; it was there in the morning, chained up with the same strap and chain—I did not know Wool-perton; it is a small village—it is mentioned in the Addison Road book—I did not send the dog there because I did not know if they knew where it was; if the prisoner had waited I could have told him.
CHARLES BUNKER . I am parcels porter at Addison Road Station—on 10th March this dog came to the station from Alnwick, addressed to "Mr. Soames Paget, 18, The Terrace, Bedford Park"—I started off with the dog for Mr. Paget—the dog did not seem to know its way there—I found 18, The Terrace, was a stationer's shop—I saw Mrs. Davis there, she refused to take it in—I took the dog back, and it was kept at the station for a fortnight, when Mr. Mellows claimed it.
MARIE JULIA DAVIS . I am the wife of Frederick James Davis; we now live at 130, Gray's Inn Road—formerly we lived at 18, The Terrace, Bedford Park, Chiswick, and kept a stationer's and artists' colour shop there—our name was up outside—I knew the prisoner by the name of Soames Paget; he came and spoke about having letters addressed to him at my residence—I have a notice in my window that letters may be addressed to my house for 1d. a letter—he came about a month I think before 6th April—he gave the name of Soames Paget; a number of letters came for him, and were delivered to him when he called from time to time, he paying for them—he received about 30 letters and telegrams, I should think—some time in March a dog was brought to me, addressed to Soames Paget; I would not take it in—the prisoner did not tell me what he was—I told him once I objected to letters coming addressed to Soames Paget, as my rule was that they should be addressed to my shop, care of Mrs. Davis, and he said he was very sorry he could not alter the advertisement, because it was inserted in the Field, or in a paper—he did not tell me where he lived or what he was; but I sent several letters to 10, or to The Orchard, where Mr. Paget lived—the prisoner told me the letters were for the sale of some dogs that he had inserted advertisements about.
Cross-examined. I thought he was Soames Pager, or I should not have given him letters in that name—I often give letters to people with initials and so forth—I do not lake in advertisements for newspapers.
AMOS ATKINSON (Sergeant T). On 7th March a complaint was made at Walham Green Station, and then I made inquiries—about 1 o'clock on 5th April I went to Richmond, and saw the prisoner in the street—I followed him for a long time and arrested him—I said "I am a police officer; I am going to take you into custody for stealing on 6th March a dog from a butcher in the North End Road, Fulham, which was afterwards taken to the Chelsea Railway Station, and sent on to Mr. Rodham, Rodham Hall, Wool-perton, Northumberland, whom you have been corresponding with from 18, The Terrace, Bedford Park, in the name of Soames Pager, and from whom you have obtained a sum of money; the dog was found to be useless, and sent back to you there, but you could not be found"—he made no reply—I took him to Fulham Police-station by train—he asked me again about the charge, and when I told him he made no reply—I told him a third time at his request, and then he said "My God, what a fool I have been; I have been led into this by other people"—he wrote this telegram and signed this receipt in my presence—this advertisement and these letters to Mr. Stanley and Mr. Rodham, and the endorsement on this cheque of Mr. Stanley and Mr. Rodham, are in the prisoner's writing to the best of my belief—this letter of 11th April is not in his writing; it seems to be a lady's writing.
Cross-examined. After the case had been at the police-court once or twice he asked me if I knew a man of the name of White, at Fulham—he said nothing about White when arrested; afterwards he said something about him—I do not know a man named White who deals in dogs—I took a pocket-book from the prisoner at the time of his arrest; it contains entries in the prisoner's writing—the prisoner did not tell me he had letters from White about the capacities of these dogs for retrieving purposes, nor that he bought them of White, and had receipts—I found post-office orders and various other things on the prisoner; they are here—Chelsea Railway Station is about half a mile or more, I should say, from North End Road—Walham Green is 150 yards from North End Road—Walham Green is on the Metropolitan, and Chelsea on the main line—I made no further search to discover who stole the dogs; I had no reason to believe that any one else stole them.
Re-examined. The prisoner gave the name of Merrick, and the address, 15, Alfred Road, Richmond, while he was in custody.
Witnesses for the Defence,
WALTER MILES . I am a general dealer, of 20, Queen Street, Blackfriars Road—I do not know much of the prisoner—I have had a few dealings with White—on one occasion the prisoner came in a public-house where White was—White gave me his receipt for a pony I bought of him White wrote it before my eyes—I do not know if this (another paper) is in White's writing—I don't know about the prisoner dealing with White—they were talking about dogs, but I came away; that was 23rd September last year—White had some dogs in a cart in St. Martin's Lane one day—I do not know where White lives—I last saw him on 16th March—he said he was going to Wales—I have seen him in York—I bought a pony of him.
MR. JARVIS proposed to give in evidence certain receipts which it was
alleged White had given to the prisoner in payment for the dogs in question, on the dates mentioned in the indictment. The witness said that to the best of his belief the handwriting of these receipts was that of White, and he produced a genuine receipt of White's for the purpose of comparison of handwriting. MR. BODKIN objected that there was no evidence that the dogs mentioned in the receipts were those sent to the prosecutors in these cases.
The COMMON SERJEANT, after consulting with the RECORDER, ruled that the documents might be admitted for what they were worth.
JOHN STRANGE . I am a fishmonger's assistant, of Richmond—I have known the prisoner about five years, always as a gentleman—I used to look after his dogs and horses sometimes—I knew he was in the habit of dealing in dogs—I have seen White five or six times—some time this year I drove over with the prisoner to see White; we met White with some dogs—the prisoner and he took them to the station, and left me with the horse and cart—the prisoner gave White some money; I saw White write something down, he said it was a warranty for the dog—I cannot say if this is White's writing; it looks like it—I saw him write once or twice—Merrick gave him 30s. that night, and said something about taking it off what he owed him—White said, speaking of the dogs, that one joker had given him a great deal of trouble—the prisoner said "You are sure it is all right," and White said "Yes, here is his warranty"—he wrote and handed him this paper, and said he would take the rest off his account—I should think it was as near the 20th of February, as possible, in the evening—I should think it was dark; I don't know; I have so many wets during the day that I sometimes get a bit mixed—this letter looks like White's writing—the prisoner took me up when he went to take away a horse and cart for money White owed him—nothing was said about dogs then.
Cross-examined. I had seen White about November—I saw him four times—he is a general dealer and a bit of a fighting man I should think; he looks like it, he does all sorts of things, he goes about the country and buys everything the same as I do—I go round with fish and bawl out—in January I drove over with the prisoner to Clapham Junction, we went to a public-house and had some liquor—the dogs had new collars and chains on—the prisoner took me up because he used to give me a bit for doing anything for him—I don't know where the collars came from—I did not see any labels written—the prisoner told me he was going to send the dogs away, he did not mention where; I did not go to the station—I stayed with the horse and cart—when he said one of the jokers had given trouble, I thought he meant one of the dogs had bolted off—White did not say how long he had had these dogs—I have known the prisoner about five years as Merrick, I never heard any other name—I never heard of him advertising in the names of Price, Marshall, Hamilton, or Soames Pager, or advertising from 10 or 18, The Terrace, Bedford Park—I do a lot with dogs, I keep ferrets, and I and the prisoner have been ratting together on several occasions in Richmond and other parts, he used to pay me—they were black retrievers I saw the prisoner with—I cannot say how many dogs he was dealing with in February—I used to look after them, and clip poodles—he used to have a lot of sporting dogs—I did not hear he was advertising them—I had kennels and kept some for him, and he kept some at the back of his
place—sometimes he had three or four—I did not have 30 or 40 under my charge—the stable was at Bates' Yard, New Richmond—that is not my master's, I have been employed at Kew for about six weeks—I could not swear to either of these three dogs if I saw them again—I used to look after the prisoner's horses sometimes; he had some—he was living with his parents—I don't know if he kept a groom—he used to give me 1s. to brush the horses down sometimes—they were in Bates's Yard—I have been with the prisoner two or three times since 20th February—I saw him on 6th March with dogs; about 2 o'clock we went ratting—I saw him buy the dogs about halt-past 7 up at Chelsea, just outside the station, from White, who gave him another receipt—he and White did not seem on good terms, quite otherwise, because the prisoner wanted money of White—I don't know if he buys dogs of White or commissions him to buy them—the prisoner put collars on the dogs; he had a thing like a gamekeeper's slip on it—Merrick took that dog to the station, I did not see him tie a label on it—White did not describe the dogs at all, he said he had got the warranties—that was in February and he gave him this receipt on the 6th—White wrote it in the public house—I did not see this writing on the other side, White said "Here is the warranty.
The prisoner received a good character.
GUILTY Strongly recommended to mercy by the Jury on account of his youth and previous good character.— . — Eight Months' Hard Labour.
MESSRS. POLAND and BODKIN Prosecuted.
HENRY MOYE . I am a warehouseman in the employment of Isaac and Moss Cohen, 53, Houndsditch, sponge merchants—on Tuesday, 24th April, I packed up some turkey and honeycomb sponges in a wooden case, which I placed in a costermonger's barrow at my masters' factory—I took the barrow from Collingwood Street to 53, Houndsditch, to be addressed—I left it outside in the street and went in to change my coat; when I came out after not more than three minutes the barrow and case were gone—that was between 4 and half-past 4—I next saw the barrow on 1st May at Bethnal Green Police Station—Detective Leman showed it to me—I had borrowed the barrow from Mr. Seymour in Britannia Street—on 3rd May I saw the sponges in the hands of the police.
GEORGE SEYMOUR . I live at 112, Britannia Street, City Road—on Tuesday, 24th April, this barrow was in my possession—I had borrowed it from Mr. Milne, it had his name and a number, "58 "on it—it was worth about 2l. 10s.—I lent it to Mr. Moyer on Tuesday, 24th—I saw nothing of it afterwards till 1st May, after the prisoner was in custody, when I saw it at the station.
JAMES MILNE . I am a fruit merchant, of 47, City Garden Row—Mr. Seymour had had my barrow over 12 months—on 1st May I saw it in the possession of the police—it is my barrow; it has my name and address, and Dumber "58" on it—I saw that on it at the station.
there with a barrow, and asked me to buy it for 8s.; he was a stranger—I told him the barrow looked too cheap to be of any use, and I told him to take it away and bring it back in about half an hour, when the governor had returned; that was about half-past 1—he brought it back about half-past 3—I asked him whether it was his; he said "Yes;"—I asked him where he lived, he said "In Brick Lane"—I said "If it is your barrow, will you go to the station?" and he said "Yes"—I said "There I will pay you for it"—I wheeled the barrow to Bethnal Green Police-station, he followed behind me—at the station he said the barrow was his, he had had it 18 months—Mr. Milne's name was on the barrow, he was sent for, and identified it, and the prisoner was detained in custody—the inspector asked him questions.
Cross-examined. You did not ask me 12s., you said at the station you had been asking 12s. for it all day long, and you asked me 8s.—you said you would go to the station and sign a paper that the barrow was yours.
RICHARD WEBB (Police Inspector J.) About quarter to 4 on afternoon, 1st May, the prisoner Wilson came to Bethnal Green with Bullimore—the barrow was outside the station door when I saw them—Bullimore in the prisoner's presence said he had had the barrow offered to sell for 8s., and he had come there to see him pay for it—I said "I cannot be witness to any buying or selling transaction"—I asked Wilson how long he had had the barrow—he said 12 months at first, and afterwards he said between seven and eight months—I said "Who did you buy it of?"—he said "Mark Levy, for 33s."—I said "Where does Mark Levy live?"—he said "He has gone to America"—I said "I cannot go there to make inquiries; what name is on the barrow?"—he said "I cannot read; I don't know"—I went out and took the name off the barrow, "J. Milne, 47, City Garden Row, City Road," and the number 58—I caused inquiries to be made about Milne, and Moye came to the station, and from what he told me I had the barrow and prisoner taken to Bishopsgate Street Station, where Milne and Moye identified the barrow.
ROBERT LEMAN (City Detective). On 1st May, about 7 p.m., Wilson and the barrow were brought to Bishopsgate Street Police Station by Webb—Seymour came and saw the barrow. (I made this note at the time). I heard Webb make statements to the inspector on duty similar to those he has now—I examined the barrow and found on it "J. Milne, No.58," without any difficulty—I said to the prisoner, "You will be charged with others not in custody, with stealing and receiving the barrow and a case containing 11 gross of sponges, from Houndsditch, on 24th last month, total value 10l.—he said "This is my own barrow; I have had it this last eight months"—I said "Where did you get it from?"—he said "I bought it of a Jew down the Lane for 33s."—I said "What is his name?"—he said "Mark Levy"—I said "Where does he live?"—he said "He is gone to America"—I said "Where do you live?"—he said "Nowhere; I have no home or habitation"—I searched and found on him a shoemaker's smoothing-iron—he said "That is what I work with"—I said "Who do you work for?"—he said "Anybody"—when before the Magistrate, after I had given my evidence, he said "I live at a lodging-house down Brush-field Street"—I said "Which one do you mean?"—he said "The one in the Court"—that is a court called Paternoster Row, Brush-field Street—I inquired there.
Cross-examined by the Prisoner, I made inquiries at all the yards in the neighbourhood, including one in Crispin Street—I saw a donkey-barrow there with shafts on it—I went to the lodging-house, No.6, and inquired if anyone was known there by the name of Wilson—no one was acquainted with you—you did not tell me where you worked; you said anywhere, and refused to give any straightforward account—I gave you the opportunity before the Magistrate of giving me your name and address, or referring me to any person that I might inquire of; you did not do so.
The prisoner in his statement before the Magistrate and in his defence, said he had a barrow of his own, and he supposed some one had exchanged the stolen barrow for his, and that he had not noticed it, and he contended that had he known the barrow he had was stolen, he would not have gone to the station.
GUILTY of receiving.— Nine Months' Hard Labour. BENJAMIN also PLEADED GUILTY to two other indictments for receiving 28straw hats, the goods of John Lock; and two pairs of girls' lace boots, and other goods, the property of Louis Herschberg, after a conviction of felony in November, 1878, at this Court.— Twenty Months' Hard Labour.
For case tried in the Old Court on Friday, see Surrey Cases.
NEW COURT.—Friday, June 1st, 1888.
Before Mr. Common Sergeant.
MR. ROGERS Prosecuted. JOHN THOMAS ENSWORTH. I am a tailor, of 157, Fenchurch Street—on 26th April, about 12.30 a.m., I took a cab with a friend whom I put down at Barnard's Inn, Holborn, and instructed the cabman to drive to the Cripple-gate Hotel—he took me up a bye-street, near St. Luke's, and I remonstrated—he stopped, and I asked the prisoner to direct him—the prisoner said he knew Cripple-gate Church—he got into the cab—I felt my watch go, and the prisoner jumped out—I jumped out after him and chased him across Cheapside, Wall-brook, and Bucklersbury, calling out "Police!" as loud as I could—he fell into the arms of two constables—I have no doubt it was the prisoner who got into the cab—no person could have taken my watch, except the one in the cab—my coat was not buttoned.
Cross-examined by the Prisoner. I was not disputing with the cabman—I did not give you my watch and chain to take care of—the chain is not broken—the buttonhole is a little torn—I was not drunk—I was wearing this waistcoat.
WILLIAM SMITH . (City Policeman 565). On 26th April, about 12.45 a.m., I heard a cry of "Stop Thief" in Bucklersbury—I saw the prisoner running and several others behind him—I chased him into Victoria Street and Walbrook—I found him in Little-child's custody in Bucklersbury—Ensworth came up—I said to the prisoner "This gentleman charges you with stealing a watch, give it up"—he said "I have not got it"—I rubbed him down with my hand and found it in his right-hand trousers pocket—I took it out and said "Why, here it is, how do you account for this?"—he said "The gentleman gave it me to mind"—I said "You might make the inspector believe that, you will have to go to the station"—he was taken to the station and charged—the prosecutor was sober.
D NIEL LITTLECHILD (City-policeman 564). On 26th April, about 1 a.m., I heard a cry of "Stop Thief" from the direction of Cheapside or Queen Victoria Street—I was in Walbrook—in a minute the prisoner came rushing round the corner by the Bank—I stopped him and said "What are you running for old chap?"—he said "A man running down here has stolen a gentleman's watch in Cheapside, I am making chase for him"—I said "You look rather a suspicious character, I shall hold you till this gentleman comes"—I waited about two minutes—I heard some one running through Bucklersbury—when the prosecutor came up, I said "Do you know this man"—he said "Yes, he has got my watch and chain"—I said to the prisoner "Have you got his watch and chain?"—he said "No, most decidedly not, I never saw the man before in my life"—I held him while Smith found this watch in his right-hand trousers pocket.
The prisoner in his defence said that the prosecutor was having a dispute with a cabman in Cheapside, and asked him if he knew Cripple-gate Hotel, and upon saying yes he asked him to accompany him, and gave him, the watch to take care of; he could not have broken it off without tearing the buttonhole.
GUILTY . **—He then
PLEADED GUILTY to a conviction of felony at Epsom in the name of John Reading, in April, 1887.— Fifteen Months' Hard Labour.
MR. RODGERS Prosecuted.
WILLIAM MERCER . I am a labourer, of 70, Enfield Buildings, Hoxton—on a Saturday night, about the end of April, at 12.30 a.m., I was walking up Shoreditch, looking for a young fellow who had stolen my watch, when Jones "cuddled " me, put her hand in my left-hand trousers-pocket and took out my purse—I caught hold of her, and was knocked down from behind and for the moment stunned by the blow on the side of my head—I could not sleep for a week—I had a half-sovereign and 16s. in my purse—I had had a drop, but I knew what I was doing—I can only identify the woman.
Cross-examined by Penn. I did not see you strike me.
Cross-examined by Jones. I did not catch you by the neck and say "The man has gone away with my watch, and you have got my money," nor "You know the man, and I'll have you; you have got my money"—I was not choking you when the constable came up—I did not spend any money on you; I did not see you—I charged you at the station—I was
looking for the man who stole my watch because I knew him—I had not seen you before.
ELI CAUNTER (Police Sergeant H). On Saturday night, 22nd April, about 12.30, I saw Jones meet the prosecutor in High Street, Shoreditch—I stood in the dark, and saw her feel his pockets—he shouted "Police! I am being robbed"—Penn, who was standing five yards off on the pavement, ran up and knocked Mercer down—I ran up and threw Penn to the ground, and held him with my right hand and Jones with my left—Jones dropped some money—some constables came—I directed them to look about—one of them picked up a shilling—Mercer said he would charge the prisoners—I took Jones, and other constables took Penn to the station—they denied the charge—Penn said "I don't know the female prisoner," and Jones said "I don't know the man"—I found in Penn's trousers watch-pocket this pawn-ticket. ("Boy's boots, A. Jones, 3s. 17, Pearson Street".) They both said "I refuse my address and occupation"—this envelope was found on Penn. ("Mr. Penn, 11, York Place, Hoxton Place, Hoxton Street, Hoxton.") The following morning Penn handed 1s.to the constable on duty at the station, and told him to send for some coffee for himself and the female who was charged with him—I asked the prisoners if they could refer to any one who would give them a character—they said they could not—I have no doubt they are the persons who interfered with the prosecutor.
Cross-examined by Penn. I did not find the pawn-ticket on Jones—you were walking from Shoreditch towards the City.
Cross-examined by Jones. I did not say at the other Court that I watched you through Shoreditch; I did not watch you—I did not show the pawn ticket till the remand; I did not think of it—I made inquiries during the remand—there were a few people about—after the robbery a crowd assembled.
Re-examined. Penn was sober—the prosecutor was the worse for drink.
Cross-examined by Jones. You took it out of your bosom—I did not say you were trying to hide it in your hand—you did not give me your earrings—you struck me in the chest, and I called a constable for assistance.
Cross-examined by Penn. I was in uniform when you were charged at the station.
Penn in his defence said he had been to the Paragon Music Hall, and was going home, when he was struck by the detective and taken to the station; that the prosecutor could not identify him till after some whispering, that he did not know Jones, and when the pawn-ticket was produced she immediately said "That is mine."
Jones in her defence said that the prosecutor caught her by the neck and said
"You have got my money and the other one has my watch" that the screamed, and a policeman came; and that the money found on her was her own.
GUILTY . —JONES then
PLEADED GUILTY** to a conviction at this Court in January, 1886, in the name of Alice Smith.— Eighteen Months' Hard Labour. PENN— Nine Months' Hard Labour.
MR. HEDDON Prosecuted.
LUKE MARTYN TREGENZA . I am a porter, of 11, Lolesworth Buildings, Commercial Street—on 19th May, about 12 p.m., I was leaving Aldgate Station—the prisoner hustled me and followed me into Commercial Street; I was pulled down from behind, and the prisoner took my purse out of my pocket, while others held me—they ran away—I got up and spoke to a constable—when I got inside the gates of Commercial Buildings the men followed me into the yard in the centre of the buildings, and I was again pulled down, one man holding one arm and another the other, and 1 felt my money being taken from me—I lost 18s. 6d. from my small watch-pocket—I called "Murder!"—the men ran to the gate—I next saw the prisoner in the custody of the constable I had spoken to.
FRANCES WILTON . I live at 7, Lolesworth Buildings—on Saturday, 19th April, about 12 p.m. I was sitting in my mother's room—I heard the prosecutor calling out "Murder!"—I went out and saw him running away from the prisoner and two more—I said to the prisoner "I want the young man stopped," and kept the prisoner in conversation till a Policeman came and took him—the other two men had run away.
GEORGE NEAVE (Policeman H 123). I was on duty at a fixed point in Broad Street about 12.10 on Saturday, 19th April, when the prosecutor complained to me—I went to Lolesworth Buildings and saw the prisoner among about 10 women—they said "This man has been concerned, with two others, in robbing a poor man in the yard"—I said "Where is the man?"—a woman said "In my room, very near exhausted"—the prisoner said "I should like to see him"—I said "You can at your pleasure, if you wish," and took him to the room—the prosecutor at once identified him—I took him in custody—going to the station he said "If he had not seen me by myself he would not have identified me; if I had been placed with five or six others he might have picked out another man"—he was charged at the station, and said "Pay no regard to what they say, he is drunk, and so is the policeman"—I found nothing on him.
The Prisoner in his defence said that he followed the crowd, and while inquiring of the woman, was taken and identified in the dark, when the prosecutor could not say whether it was he or the policeman, and that the prosecutor had said that he was robbed in Aldgate and then in Commercial Road.
GUILTY . *— Nine Months' Hard Labour.
OLD COURT.—Saturday, June 2nd, 1888.
Before Mr. Recorder.
MR. GILL Prosecuted; MR. MOYSES Defended.
WILLIAM HENRY LOWRY . I am a partner in the firm of Ainsworth and Lowry, of 14, St. Mary Axe—on 29th March the prisoner called and presented a card to me like this, with "377, Strand" written on it. (A card of Mc-Caw, Stevenson, and Orr, Printers, Belfast.) He said he had come to purchase some cigars for the members of a theatrical company going abroad the same day, and would I send them at once—I said I did not know the firm, and asked him who sent him; he said "My principals"—he selected 800 cigars, of which he smoked one to try—500 were Partagas Conchas, and 300 Larranagas Regalia Longas—I asked him if he would pay for them on delivery; he said "No, we usually pay on the 14th," or 15th, I forget which; the 15th being Sunday the amount would be due on the 14th—they were to be sent to 377, Strand—on leaving he said "Oh, by-the-bye, you had better give me that card back again, it is the only one I have," and I gave it to him—I went to the Strand with a boy-porter and the cigars—I saw on the door and on the ground-floor the names "Mc-Caw, Stevenson, and Orr," the names he had given—the porter, Dawson, brought back this letter, "Dear sir, please oblige and forward 300 more of the Larranagas; if you can manage to send them about two it will be a favour. Yours truly, Mc-Caw, Stevenson, and Orr, p. p. G. R."—it is on paper with Mc-Caw's printed description—my firm is "late Leash"—the cigars were sent, and I received the receipts for them; the date on one is written by the person who received the goods, the other not—I went to 377, Strand on the 14th; I did not get paid—I have seen similar cigars in the possession of Mr. Roper—the first lot of cigars were delivered about 2 o'clock, the others when the boy had brought back the letter—these are similar cigars, a box of each kind—the invoice was 17l. 10s.
Cross-examined. I did not see the defendant on the 14th—I did not know he was arrested—he was arrested late on the 14th—McCaw and Co. desired me to join in this prosecution—Mr. Stevenson came to us with Mr. Davis and someone else, I believe Mr. Chamberlain—I did not know Chamberlain was Cannot—I have learned since he was committed for trial, no evidence brought against him, and that he has been since discharged—I have not heard that Cannot has taken Roper's situation—I swore an information at the Guildhall later in the same day that I had been at the Guildhall—small bail was accepted by the Lord Mayor—I a swore joint information to arrest the defendant on another process—I swore I did not know where he was, and I did not, he might have got out of prison.
THOMAS STOCKWELL . I am manager to Mr. Joseph Roper, pawnbroker, of Great Queen Street—on 29th March, in the evening, I purchased from the defendant 1,100 Larranagas and 500 Partagas cigars—I gave 22l. for the lot—it was a sale out and out—the Larranagas would be about 30s. a hundred; I produce a box of each kind.
Cross-examined. I have known the defendant as a cigar dealer—I have had many transactions with him.
defendant with a view of his becoming our agent—Mr. Davis is our manager—we wrote to the defendant on 1st February, "As previously explained to you any arrangement with the sub-agent or representative in London can only be made with Mr. Davis's consent and co-operation. We sent your letters of the 18th and 23rd to him, and we have had several communications from him, and yesterday one saying that he cannot complete an arrangement as proposed, he promises to write us fully on the matter. In the mean time it would be premature for you to be making any arrangement until an agreement is actually signed;" and on the 4th of September we wrote "We have your letter of the 3rd, and can only say that if you acted before the completion and signing of the agreement, you did so on your own responsibility. Our letter of the 20th was only a statement of main points. You overlook that we said there might be others, and that we asked you to see Mr. Davis. Anything and everything that is to appear in the agreement must be settled before we can consent to your acting for us or using our name in any way"—I never authorised him to obtain cigars in our name—I I never sent him to Ainsworth and Lowry—I did not know of their existence till after the occurrence—our firm were not desirous of making presents—I never authorised the defendant at any time to sign our name by procuration—the document to Ainsworth and Lowry asking for 300 cigars was not by my authority—he never informed me he was ordering cigars in our name.
Cross-examined. The first communication with the defendant was with Mr. George Mc-Caw, in London, in September, 1887—the defendant had no authority to use our name—the correspondence was from about the 19th to the end of January or the beginning of February—Messrs. Allen and Sons, of Glasgow, are purely theatrical printers, we never executed a theatrical order till the last two or three months—Chamberlain was employed by Allen and Sons—he is now in our employment in the same situation as the defendant would have had if he had satisfied us—he sent us a letter of prices for theatrical work—I was present at the Mansion House, but was not questioned—we should not have executed an order after telling the defendant not to act—if the negotiations had been completed, we would have taken an order—the defendant was under Cannot—they are not now on good terms—Mr. Davis is responsible for the prosecution, and he told me what he had discovered going on—Mr. Davis can sign "per procuration"—if Cannot did so inadvertently, without intention to rob, we should be content with calling his attention to it—I heard Mr. Davis censured by the Lord Mayor for swearing two informations.
Re-examined. After the letter of 4th February, there were no negotiations to take the defendant into our employment—that letter was followed by a letter from his solicitor—the defendant did not give us any references—we would not employ anyone without references—Mr. Davis has been our manager since November.
JOHN HAMPDEN DAVIS . I am the manager for Messrs. Mc-Caw, Stevenson, and Orr, at 29, Cannon Street—I knew of the negotiations early in the year, between the defendant and my principals—I saw the defendant on different occasions—I asked him for references and security, and told him that we should make the necessary inquiry before I could make an agreement with him—with regard to references, he
said he was in quite an independent position towards us, and declined to give them—I did not give him any of our note-paper—he had none by my authority—I was not aware he obtained cigars on credit for McCaw, Stevenson, and Orr—I never gave him any authority to do so.
Cross-examined. I warned several people that defendant was not in our employ—I have been employed by McCaw and Co. since November—I wrote letters in their name—I signed my own name when I was addressed—most of the negotiations were conducted through me—I knew the defendant proposed to take offices in the Strand—I made a sketch for a board to go over his office; at that time we intended to employ him, provided his references were satisfactory—there never was an agreement—heads were drawn up—the negotiations were to be through me—one letter says "See our Mr. Davis," and a telegram says "Draft agreement will be prepared"—I first knew Chamberlain when he came into my office early in February, and while negotiations were on with Roper—I had then no idea of Chamberlain entering the firm—the first idea I had of that was in March—the defendant was once Chamberlain's clerk—now Chamberlain is with us, and gets orders for theatrical printing—I was annoyed at the terms the defendant sought to make with ray employers—I felt he was going beyond the instructions I had given—he negotiated by my instructions—I gave him permission to write a letter—I did not desire to prosecute—I have been in the printing line all my life—I am still an advertising contractor—Mc-Caw and Co. are printers and advertising contractors—I joined them on 1st November—I knew afterwards the defendant had seen Mr. McCaw—I joined the Information at the Mansion House—the defendant was released on bail while I had gone for a book—I swore an information at the Guildhall the same day, and had the defendant arrested the next day, coming out of Holloway on bail—I was taken to task at the Mansion House because it was stated I said I did not know where the defendant was, and I said I did not say that, and it was explained I had not given the information on that charge—I heard the defendant had taken offices and told him as he had put our name up before negotiating with me, he must take it down; he told me the rent was 95l. a year—I did not ask the defendant to join the firm, he came and asked, and I was favourable—the negotiations were terminated when I heard he was a bad character, early in February.
Re-examined. When I found the defendant had obtained goods, and had put our name up, I got some paint and painted it out—the charge I made at the Guildhall was a different one to that made at the Mansion House.
GUILTY . *—He then
PLEADED GUILTY to a conviction of felony in November, 1883, at Bow Street.— Nine Months' Hard Labour.
570. EDWIN WILLIAM PARKES (38) , PLEADED GUILTY to unlawfully forging and uttering and counterfeiting a certain pass-book of Edward Bridgeland and William Withey, executors of the will of George Tutill, and to other Counts, for that he being attorney and agent for William Bridgeland and William Withey, and being entrusted by them with an order for the payment of 1,533l., did unlawfully convert the same to this own use; also converting other orders for the payment of other sums to his use.
There were 12 other indictments against the prisoner for forging and uttering orders for the payment of money, and for forging and uttering acquittances and accountable receipts, and for stealing orders for the payment of money, to which he
PLEADED NOT GUILTY. — Judgment respited.
NEW COURT.—Saturday, June 2nd, 1888.
Before Mr. Common Sergeant.
LOPAS PLEADED GUILTY .
MR. ROGERS Prosecuted.
GEORGE WHEELER (Policeman 365H). On 18th April, about quarter to 11, when I was on duty I saw the prisoners; Lopas was carrying this sack, he turned round, saw me coming, dropped it and ran away; it contained three coats—I took Fitzgerald, he said he knew nothing about it—I said "What is in the sack?" he said "I don't know. "Isaid "I shall take you to the station, "he said "That has won the cake, I shall be lagged for what another man has done, how did I know the things were stolen?"Itook him to the station, he made no answer to the charge—I identified Lopas on the 23rd.
HANNAH NICE . I live at 161, Commercial Street, Shoreditch. These two coats are my son's and this jacket is mine—on 18th April, just before 11 p.m., they were hanging on a nail—I saw them next at the station.
STEPHEN LEACH (Detective Officer). On 18th April, about 10.20 p.m., I saw the prisoner and another man not in custody outside 161, Commercial Street, which is a coffee tavern, with a private entrance—the tavern was open—I saw him at the police station at quarter to 11.
Fitzgerald's Defence. I was in Brushwood Street, and Lopas met me with a bag on his back, he asked me the nearest way to Walk Street, I said "I will show you"—he saw the policeman coming and dropped the bag at my feet—I know nothing about the things; I wish to call Lopas.
GEORGE LOPAS (The Prisoner). I have pleaded guilty to this charge. I am a hawker and live at 57, Brushwood Street—I met you and asked you the nearest way to Walk Street; you said "Come with me, and I will show you, and as we went along the constable, came towards us, and I dropped the bag and ran away—you are innocent.
By the Court. I stole the coats about a quarter to 10 that night, and got a sack and put them in—I met Fitzgerald about half-past 10, just by Spitalfields Church, live minutes' walk from where I stole the things—I carried the coats in my arms till I got the sack—the house-door was open and I walked up to the landing and took the coats, I am very sorry for what I have done, and will never do such a thing any more.
Cross-examined by MR. ROGERS. I did not know Fitzgerald at all—he did not speak to me; I spoke to him and asked him the way to Walk Street, and he said he was going towards the street and would show me where it was—I was going to try and sell the coats, or if I got a sovereign I
might have left them—Fitzgerald was not helping me to carry them, he had nothing to do with me.
By the JURY. I picked up the sack by a horse and cart; it was lying in the road by the market—I do not mean that I stole it—there was nobody by it, and it was lying down.
GEORGE WHEELER (Re-examined). The prisoners were about five minutes' walk from Mrs. Nice's shop—they could get to Walk Street the way they were going—Spitalfields Church is nearly 50 yards from Mrs. Nice's house.
STEPHEN LEACH (Re-examined). The man who was with Fitzgerald was not arrested—he walked by the private entrance and stood at the corner—the front of Mrs. Nice's coffee-palace is in the main street, and close to the corner I saw Fitzgerald and the other man; Fitzgerald knew me.
FITZGERALD— NOT GUILTY .
572. GEORGE LOPAS was again indicted for burglary in the dwelling-house of Michael Levy, and stealing two coats, a skirt, and an order for 10l., his property. Second Count, Feloniously receiving the same.
MR. ROGERS Prosecuted.
MICHAEL LEVY . I am a tailor, of 27, Spillman Street, Spitalfields—on 22nd April, about 9.45 p.m., a friend of mine came in, and found the street door and bedroom door open—she called me down from my work-shop, and I went outside, but saw nobody—I went back, and missed two coats and a skirt from my bedroom, the back room, first floor—one of the coats had a crossed cheque for 10l.in the pocket, which I stopped the next morning, and then went to a pawnbroker's and showed them a pattern of the stuff which one of the coats was made off—I had seen my house door locked 20 or 30 minutes before; it was past 9 o'clock and the bedroom door was also locked—this coat (produced) is mine; it was hanging on a nail in the bedroom with the cheque in the pocket—I have not found the other coat or the skirt—the cheque has not been presented.
CHARLES CUSSHNIE (Policeman 949). On 23rd April, about 10.30 a.m., I was called to Mr. Walton's, a pawnbroker's shop, 184, Bishopsgate Street Without, and found the prisoner detained in a side box—he was brought out, and the manager said "This man has offered this coat in pledge, and as it corresponds with a pattern left with me about an hour ago, I have refused to take it"—I said to the prisoner "Where did you get it from?"—he said "I met a man in Bishopsgate Street, who I do not know, who asked me to pledge the coat, and said he would give me me sixpence for my trouble—I said "Can you point the man out?" and took him outside—he said "No, I don't see him"—I took him to the station—he was charged at Guildhall Police-court with unlawful possession of the coat, and Leach arrested him there on the charge of burglary—he said "You did not see me do it"—I found nothing on him.
STEPHEN LEACH (Detective Officer). I examined Michael Levy's premises—there were no marks of a jemmy—the person entering must have done so with a skeleton key, as there had been no entrance through any window.
Prisoner's Defence. A man tapped me on my shoulder in Bishopsgate
Street, and said "Will you pledge this coat; I will give you sixpence for your trouble. "Iwent there, and they detained me.
GUILTY on the Second Count. †— Eighteen Months' Hard Labour.
MR. LYNE Prosecuted; MR. BESLEY defended Cockrell.
CHARLES SOLLY . I live at 14, Paul Street, Finsbury-on 12th April, about 6 o'clock, I was in Commercial Street, and went up Wilks Court with a woman—five men surrounded me, and asked for drink—I took a shilling from my left trousers pocket and gave them—my purse was in my right pocket—the prisoner Phillips held me, and I was robbed of my purse, and while I was on the ground I was hit on my mouth—I lost my watch—this is it (produced)—I picked Phillips out at the station from about 12 others.
WILLIAM EVANS . Until lately I was barman at the Ten Bells, Commercial Street—on 12th April I saw the prisoner Cockrell there from 5 o'clock till 7.30, and about 7.55 he brought me a watch, and asked me to lend him 5s.on it till the morning—I handed it to the police.
Cross-examined by Phillips. I saw you both together—I cannot swear to you, but as you say you were there with Black Alf I suppose you were.
By the COURT. That is Alfred Stevens—he is not here—that was between 7 and 8 o'clock, and Cockrell was there at the time; that was before he went away the first time.
Cross-examined by MR. BESLEY. There was a barman there called Walter—I knew that Cockrell was employed by Mr. Aubrey, who is his bail—I knew him as a customer—I am sure he was there from 5 to 7.30, and he may have been there the whole time, but if so he must have shifted—Stevens is a young man with rather dark hair; I do not know what he works at—I do not know whether James Crown was there from 6 o'clock; he was at the police-court—I did not pay attention to Stevens showing the watch and wanting to sell it—I know a man called Rufus, who works in the market—knowing Cockrell to be a man of good character I lent it to him more readily than to any other porter in the market—I did not see him hand the 5s.to Stevens—the police came to me next day, and I said what had occurred—I went down on the Friday—at that time Phillips was the man in custody—next day I went again, and Cockrell was in custody—although he has been indicted for the robbery with violence, Mr. Solly said from the first that he was not one of the men—I know that he was in my sight from 5 o'clock to 7.30, and he may have been there afterwards—there never was a charge of his being one of the five men—he has been bailed by his master.
Re-examined. I did not see the watch in Stevens' hands.
By the COURT. I did not see the prisoners speaking to each other; I cannot swear that Phillips was there—Stevens had somebody with him, but who it was I do not know—I do not remember swearing in the Court below "I saw Phillips in the house that evening with some others."
Cross-examined by MR. BESLEY. I saw Evans, the barman, on the
night of the robbery, and he brought me the watch the next day to the station—Evans denied all knowledge of the watch, but he told me ultimately that Cockrell, a man employed by Mr. Aubrey, was the man who conveyed the 5s.to Black Alf.—Stevens was in my custody; I took him with Phillips, but Solly could not identify him, and I did not detain him—I took Cockrell the next day, the 13th—I knew from the first that he was a man of good character—he was not committed for robbery with violence; I think that was an oversight.
STEPHEN LEACH (Detective Officer). I was with Caunter when Cockrell was taken, about 2.30 p.m.—I told him he would be charged, with the others, about a watch the night before—he said "I know nothing about the robbery; I had the watch from Black Alf."—I said "Walter, the barman, said he got it from you"—he said "Yes, it is quite right, I handed it to Walter, who lent me 5s., and I gave it to Black Alf."—there are two barmen, the other's name is William; he is not here.
Cross-examined by MR. BESLEY. Cockrell was in the service of Messrs. Aubrey and Hardman, in Spitalfields Market—Stevens is known as Black Alf.; he worked in the market—Cockrell said "Black Alf. asked me to get 5s.on it; I got the 5s.from the barman and gave the money to Black Alf., and I did not have any of it."
Phillips, in his statement before the Magistrate and in his defence, said that he stood in a corner and saw three man, very drunk, following the prosecutor, and that Stevens afterwards asked Cockrell to borrow 5s. on a watch, and that Solly was very drunk, and had been told to recognise him, but he knew nothing about it.
Witnesses for Cockrell.
JAMES CROWN . I am a porter in Spitalfields Market—I know Black Alf.; he works in the market, and Reed is a warehouseman there—I know Cockrell as working for Mr. Aubrey—on 12th April, Read and I went into the Ten Bells public-house at a few minutes to 6, and found Cockrell there—Black Alf. came in about a quarter or 20 minutes past 6; he pulled my arm and showed me a watch, and asked me if I could do with it, or if it was any use to me; I said "No"—I don't think he intended to give it to me—he then asked Read if he could do with it; he said "No"—I did not see it handed to the barman, or the 5s.given to Cockrell—I stayed there till 7.15.
By the Court. I should not know the man again whom Stevens was with, he only just looked in at the door, and Stevens came and pulled me by my arm—I do not know Phillips, and do not recollect seeing him at all—Stevens put the watch in my hand and I returned it directly and said "No."
RUFUS READ . I am a salesman in Spitalfields Market—on 12th April, at five minutes to 6, I was with Crown, who was working with me that day; we went into the "Ten Bells" publichouse and saw Cockrell leaning on the counter—Black Alf. came in with another man at 6.30—I saw Stevens with the watch, he gave it into my hands and asked if it was any good to me, I said "No"—I thought it belonged to him and that he wanted to sell it—I left at 7.15, leaving Cockrell there, I was not there when the barman paid him the money.
COCKRELL received a good character.— NOT GUILTY .
PHILLPS GUILTY . **— Twelve Months' Hard Labour.
MR. SANDS Prosecuted; MR. FRITH Defended MCCARTHY.
RICHARD PENMAN HOOD . I am an engineer, of 15, Stanley Buildings, St. Pancras—on 21st April at 1.15 a.m. I was walking with a female in Ossulton Street—four men ran behind me and pinioned my arms; Williams held my mouth and McCarthy stole my chain—Ward put his hand in my hip-pocket and took 5s. 3d.—I had a half-crown, four shillings, a 6d. and 3d., but I took 2s. out and put it in my waistcoat pocket—I only recognise Williams, I said to him "Is that the game you are doing Dan," he said "It is my mate, give it him back, and they gave me back 2s. 1 1/2 d.—I asked him for the half-crown and Williams said "Think yourself lucky you have not got a good hiding"—I left them and went to Oxford Street, they all followed me in the middle of the road—I told two constables and they gave chase, and McCarthy and Ward were taken.
Cross-examined by Ward. It was McCarthy who gave me back 2s. 1 1/2 d.—when McCarthy was arrested he threw down the 2s. 6d., and I picked it up—you were not standing alongside of me; I had not been drinking.
Cross-examined by MR. FRITH. The woman went to the station, she did not make a statement there or come to the police-court—I did not say a word at the police-court about having my watch chain and some of my money given back—he broke my chain from my watch—the constable has the chain—McCarthy was a stranger to me, he took my chain but used no violence—it was the fourth man who used violence, he has not been arrested; he gave me two blows, one of which was on the side of my mouth.
Cross-examined by Williams. You put your hand across my mouth, while the man who is not arrested held my arms—you ran off and returned—you did not come to my assistance when the others were robbing me—you did not say "Give him his money back, I know the man"—I did not bring the female as a witness as she was a stranger to me—I had only just spoken to her—I did not ask you to come and have a cup of coffee—I was not drunk, nor was the female holding me up.
ARTHUR WESTFOLD (Policeman E 156). I was on duty in Ossulton Street on April 1st, and Hood pointed out four men about 20 yards from me—I went after them with Cobb—I caught McCarthy—he threw something on the ground before I took him, and Hool said "That is my half-crown"—he picked it up, and gave it to me—I found on McCarthy four pawn-tickets, and a pocket-knife.
Cross-examined by MR. FRITH. McCarthy was one of the four men standing still in the street—Hood said that he knew McCarthy by his handkerchief—there was a woman a few yards away, not with Hood—I do not know whether she went to the station, or whether her name and address were taken.
STEPHEN MURRAY (Policeman Y 431). I took Williams on the 25th, and told him I wanted him for a watch robbery—he said "Where was it?"—I said "Somers Town"—he said "I was not there"—I took him to the station, and Hood identified him—he was not put with others, as Hood said that he knew him personally.
The Prisoners' Statements before the Magistrate. Ward says:"I was walking up Charlton Street, and the prosecutor gave me in charge, and said that I was one. I said 'I know nothing about it.'"McCarthy says: "I heard a cry of 'Stop thief,' and stopped and said 'What is the matter?' The prosecutor caught hold of me, and said 'This is one of them.'"
Ward and McCarthy repeated the same statements in their defence.
Williams's Defence. When Hood recognised me, I said "Yes, I know I was there. "If I had robbed the man I should not have given it back to him. He had a female with him, and when he found she would not tell lies he would not let her come to the Court, and then he told the people that we struck her and gave her a black eye.
WARD— GUILTY . *— Nine Months' Hard Labour.
McCARTHY* and WILLIAMS— GUILTY . — Six Months' Hard Labour each.
OLD COURT.—Monday, June 4th, 1888.
Before Mr. Recorder.
MR. JELF, Q.C. with MR. GILL Prosecuted; SIR CHARLES RUSSELL, Q.C., with MR. BESLEY, appeared for George Frederick Philpott; MR. GRAIN for Arthur William Philpott.
EMMA ADELAIDE GENOA . I am a widow, living at 3, Ampthill Square, Hampstead—I let apartments—last autumn the two defendants came together to my house—one of them produced this card, with "Dr. Geo. Fk. Philpott" on it, and "Harry Fitzroy Somerset, Hemel Hempstead," written on it—Mr. Philpott produced the card, and Mr. Somerset wrote the address, for any letters that came to be forwarded to him—he said he expected letters to come for him—he took a room, a top room; he was to pay 8s. a week for it, he was not going to occupy it for about three weeks—he said he had come from the Figi Islands, that his luggage was at the docks, and it would come on any day or night; he paid me 5s.as a deposit—after that three or four letters came, which I forwarded to the Doctor's address—at the latter end of August or the beginning of September, Mr. Somerset called again, and I never saw him again—he never gave up the room, he paid nothing but the 5s.deposit, that was all I got.
Cross-examined by SIR CHABLES RUSSELL. On the card is printed "Dr. F. Philpott, Surgeon, Florence Lodge, Hemel Hempstead"—Mr. Somerset did not refer to him as a doctor, he said his friend would send his letters on—I won't be sure that he did not refer to "the Doctor "; it is 12 months ago—I am sure it was Mr. Somerset who wrote what is on the back of the card—I am almost sure of it; to the best of my belief it was, I won't say more—I saw the Doctor take his card-case out of his pocket, and
take out a card—I asked Mr. Somerset if he did not require better rooms, he said no, he had been accustomed to travelling and roughing it, and had been to the Fiji Islands, and had just come from there—the servant opened the door to him, I asked what apartments he required, he said what had I got?—I said I had dining rooms, he said no, a bed-room was all he required, and I showed him upstairs—it was up in the bedroom that he mentioned the Fiji Islands—it was not in reference to the apartments that he said he was used to roughing it—he did not say his luggage was at the Doctor's, he said "At the docks"—I pledge my oath as to that—when he came the second time another gentleman was with him, not the Doctor.
HUBERT WHITE . I am the London manager of the Mutual Accident Association, Limited. 10, King William Street—the head office is at Manchester—on 21st July, a letter from H. Fitzroy Somerset was forwarded to me from Manchester—I replied to that, and getting no answer, I wrote again on 25th July—I learnt that he had been to the office on 19th September, and had signed this proposal for Insurance, in the name of Harry Fitzroy Somerset—other letters passed, and on 11th October I sent this policy, it was for 2,000l. in case of death, and a certain scale in case of accident—I afterwards received a letter from the head office, making a claim for accident—I then telegraphed to Mr. Somerset, at Florence Villa; he came, and I was present at his interview with Mr. Geames, who stated that he had, no doubt, other aliases, and the office was not prepared to entertain the claim by reason of false statements; it was afterwards suggested that if he could give references to persons known in London, the matter should be again placed before the directors.
Cross-examined by SIR CHARLES RUSSELL. The policy was effected on 19th September, 1887—I do not know that at that time Dr. Philpott was abroad—as far as I know he had nothing to do with this insurance—I believe the Information was sworn on the 12th—the premium on this policy was 6l., it is an annual policy for 2,000l.
Cross-examined by MR. GRAIN. When claims are made we require details of the accident and the names and occupation of the persons who witness the accident; that is for the purpose of making inquiries before the claim is paid—in this claim a person is named as witnessing the accident, and he subsequently came before me—the papers did not come into my hands till May—the claim was declined—the inquiries were made at Manchester—I do not say that the accident did not occur.
OCTAVIUS BROWN GEAMES . I am Manager and Secretary of the Mutual Accident Association, at the head office at Manchester—on 19th July I received this letter asking for a prospectus, which I forwarded to Mr. White—on 10th November I received this letter enclosing a certi-ficate advising an accident, and signed "H. F. Somerset," and making a claim for a severe sprain and dislocation—I wrote declining to entertain the claim in consequence of his policy having been obtained by misrepresentations of fact-at that time I believed him to be John Stevens Philpott, another brother—we declined to entertain the claim—on 29th November I received this letter asking for an explanation—on 5th December I sent the papers to the London manager—on 7th December I came to London, and was present at our office in King William Street when the defendant, Arthur Philpott, came there—he was announced as Harry Fitzroy Somerset—he said he had come for an explanation, to
know why we did not deal with his claim—I said I was not in a position to say how many aliases he had in how many different companies, but that it was perfectly clear that he had insured with a great many, and that consequently we declined to entertain his claim—he assured me that I was wrong, that he had only just returned from the Fiji Islands—I replied "Then you are the gentleman we have had to deal with who represented himself as having just come over from Timboroo, New Zealand"—I told him we were perfectly satisfied that it was a fraud, but if he could give us references to two or three respectable people in London, of whom we could make inquiries as to his respectability, I should have very great pleasure in placing his claim again before our directors, who only desired to deal honestly and fairly with all claims that came before them—he said he should have no difficulty in furnishing us with the references—prior to that he said he would have no difficulty whatever in getting his claim—I told him to take his own course, we should resist it—he has not furnished us with any names; we have never heard from him since—I placed the matter in the hands of Inspector Boots, of Scotland Yard—the defendant took no steps to enforce his claim—later on I got into communication with the Scottish Employers and other companies, and after that these proceedings were instituted.
Cross-examined by SIR CHARLES RUSSELL. I never saw Dr. Philpott till I saw him here the other day.
Cross-examined by MR. GRAIN. I don't know that I am extremely eager in this matter—the amount of the claim would depend upon circumstances; if he had succeeded in getting Dr. Baber to certify to a broken leg it would have been 120l.—there is no-sum stated in the claim—dislocation is not included in our schedule—12l. a week is given as long as it is a total disablement—he paid one premium before he had the policy, that was 6l.—we are not in the habit of disputing our policies—on 5th November I had before me the whole of the papers on this matter—he had given the name, address, and occupation of some person who witnessed the accident—I made no inquiries to ascertain whether that was a true name and address; I did not consider it necessary—we made inquiries of Dr. Baber—we laid a criminal information on 12th May—I then had all the papers in my hand—Dr. Baber was called for the prosecution at the Mansion House—I believe Dr. Baber gave his certificate in good faith; but I believe he has been deceived; he is here and can answer for himself.
WILLIAM ELLIOT . I live at the Elm Tree beerhouse, Willesden Junction—I do not know George Frederick Philpott, but Arthur William Philpott I knew as Harry Fitzroy Somerset, at Florence Villa, Station Road, for two or three months—he spoke to me about some accident, and about a claim he was about to make, and he asked me if he produced a paper to certify that I had known him for a term of two years as a respectable gentleman would I sign it. (MR. GRAIN submitted that as this evidence was as to matters subsequent to the obtaining of the policy, it was irrelevant. The RECORDER considered it was material, as showing the bona fides in effecting the policy.) I declined—I had known him about three months—I said "I don't care to do that."
Cross-examined by MR. GRAIN. It was after the accident he told me about it—I saw him almost day by day—after that he went about
limping with a stick—I saw him for some considerable time after that till he left Willesden—he was lame, and went about limping.
ALBERT SMITH . I live at Carlton Villa, Forest Gate—I became acquainted with Arthur William Philpot last autumn—he told me his name was Harry Fitzroy Somerset, a relation of Lord Arthur Somerset—I saw him at Florence Villa, Station Road, after he had had an accident—he spoke to me with reference to the accident—he wanted me to sign a document, the contents of which he did not tell me precisely on that occasion—afterwards he said it was as to a claim on the Insurance Company, that he wanted me to say I had known him as being respectable for a period of two years—on the first occasion he said if Mr. Elliott would not do it for him would I do it—I had known him when he asked me that close on three months—I gave him an evasive answer—I did not agree to do it—I saw no more of him.
MARY ANN WINTON . I am married, and live at Florence Villa, 3, Station Road, Willesden—a person going by the name of Somerset took lodgings with me, having first written some letters to me—he had called a little before the first letter—I told him the rent—I received this letter of 25th September, 1887.(Saying he should not be able to come till Tuesday or Wednesday, and asking for the rooms to be in readiness then.) He came about 8 o'clock and took possession of the lodgings—he stayed from then till 22nd December—he told me he was a son of Lord Somerset—he told me one morning he had had an accident—Dr. Baber came to attend him, and a physician came, Dr. George Philpott—I cannot remember who he asked for when he came—I heard no other name of the lodger but Somerset; he was known at my lodgings by that name—if anyone had asked for a Mr. Philpott I should not have known who was meant—Dr. Philpott came and saw him while he was still suffering from the accident—the first time he came Somerset said he was his physician, speaking of Dr. Philpott—I said to Mr. Somerset how much the doctor was like him—he said "Do you think so?"—he came a second time, and after the doctor was gone he said that was his brother.
Cross-examined by SIR CHARLES RUSSELL. Mr. Somerset's room was on the ground-floor—before Dr. Philpott called the first time, Mr. Somerset said a gentleman was coming to see him, and when he came I expected him, and he walked in—I don't remember his giving any name—Dr. Baber was the doctor attending him after his accident; he was in constant attendance upon him before Dr. Philpott called—Dr. Philpott brought nothing with him when he came, but he went out and brought back fruit for his brother—Dr. Baber attended him from the time of his accident—I was out when Mr. Somerset came home after the accident; I heard of it in the morning—he was suffering from it for about six weeks—Dr. Baber is a well-known practitioner in the neighbourhood, a gentleman of respectability.
Cross-examined by MR. GRAIN. He suffered for six weeks, and limped—he was confined to his bed for about a fortnight—and after that, when he came into a sitting-room to take his meals he had to hold by the furniture and limp along—I noticed that for many weeks he had considerable difficulty in putting his foot to the ground.
Company form Arthur William Philpott—he was recommended by a former agent, Thomas Aston Philpott, and he was appointed agent to the Company—in November, 1879, we received a proposal from him for an insurance against accidents—the proposal was accepted and a policy given to him—under that policy he made his first claim on 10th September, 1881—that was settled by payment—his second claim was made on 15th September, 1882, and that was paid—his fourth claim was on 14th February, 1884, he was paid 10l. and soon after he ceased to be agent.
Cross-examined by SIR CHARLES RUSSELL. Arthur William Philpott was our agent at Kiderminster I belive, I don't know him personally—I don't know that at that time Dr.Philpott was a student in London—he had nothing to do with this insurance, or with any other insurance or claims made under them.
Cross-examined by MR.GRAIN. We had a recommendation, and he Became an agent—he remained our agent from February, 1879 to November, 1885—I daresay he brought us in premiums to about 100l.a Year; he had a fair business as our agent—he would have paid about 14l. in premiums on his policy—the claims were practically all under the same policy—he received about 25l. 5s. altogether for claims—in each case we require the name, address, and occupation of a person witnessing the accident—in the case of three claims the names of the witnesses were those of persons living in Kidderminster, and in the fourth there was no town, but it was assumed to be Kidderminster—we require a doctor's certificate in every case, and we have received one in every case, all from resident medical practitioners in Kidderminster—we have no reason to doubt they are genuine bond fide certificates of genuine bond fide practitioners.
Re-examined. His brother, who recommended him, was Thomas Aston Philpott jun.—he had several claims under the policies he introduced.
GEORGE ALEXANDER SHARMAN . I am accountant to the Ocean Railway and General Accident Assurance Company, carrying on business at Mansion House Buildings, London—we gave a policy to Arthur William Philpott on 13th December, 1884—this was his proposal in which we asked the question as to former insurances, "Have you ever been insured against accidents?" he says "No;" and "Have you ever made a claim against any Accident Company, and if so what Company?" answer "No"—on 6th January, 1885, he alleged that on 29th December he had an accident; he says, in his claim, a carriage upset with him and two occupants, and that Mr. Thomas Aston Philpot, his father, was one of the persons, and a groom the other; those are the witnesses, and Dr.Waddell was attending him—we paid him 7l. 10s. compensation on that—on 12th August,1885, Dr.Philpott wrote this letter to us. (This letter regretted to say that his Brother, Mr. Arthur William Philpott, had met with an accident while visiting him, and that the was quite unable to return home, and would be compelled to keep his bed for some time, and enclosed the number of the policy.) He made a claim and said he had sprained his ankle by falling down some steps on 5th August, 1885—he gave his brother, Dr. George Frederick Philpott, as his medical attendant, and Dr.Philpott gave certificates dated 15th and 21st August—we paid 48l. 15s.—before paying it we received this letter, signed,"Arthur Willaim Philpott." (This said that a representtative of the Company had called and asked if he would forego his claim on payment of 48l. 10s., and that he had consented, understanding it meant prompt settlement, but that he had not received the money.) Next day we sent the 48l. 15s., and got his receipt for it as full settlement.
Cross-examined by SIR CHARLES RUSSELL. The were two accidents under the policy in respect of which claims were made—Dr. Waddell certified the first; Dr. Philpott had nothing to do with that so far as I know-with respect to the second, Dr. Philpott gave two certificates, the second showing the disablement continued-in order to satisfy ourselves of the reality of the accident, we sent down Henry Holman to find out that the thing was genuine; and on satisfying ourselves of it, we settled the claim by paying 48l. 15s.
Re-examined. (Dr. Philpott stated that the signature, "George Frederick Philpott," to the letter, was his, but that the body of the letter was written by
RICHARD TICKELL THOMPSON . I am London resident secretary of the Scottish Employers' Liability Co.-on 28th December, 1887, I received a proposal for the insurance of Arthur Percy Phillpot in consequence of that a policy was issued-before issuing it the ordinary questions as to whether the proposed insurer had been insured in any other office, or had any accident, were answered in the negative—the policy was granted to the defendant, Arthur William, in the name of Arthur Percy—I supposed that to be his real name-on 28th April this year we received notice of an accident by this letter—there is no date to-we got it about the beginning of May from our agent. (Read:"Dr. Philpott begs to inform Mr. Andrews that Mr. Arthu Percy Philpott has unfortunately met with a serious accident to his arm and shoulder. Dr. Philpott would be glad if Mr. Andrews would call.") Mr. Andrews is the Company's agent-on 25th April I received this letter addressed to the Company. (Read:"Gentlemen,—I am sorry to inform you that my brother, Mr. Arthur Percy Philpott, has met with an accident to his arm and shoulder. Will you kindly send the necessary forms to fill up. Signed, G. F. Philpott.") I sent a form, and received it back filled up—the accident was described as, coming out of the West Herts Infirmary on a dark night, and falling on the top step outside the door when slippery with wet—the form was accompanied by two certificates for fractured arm; one from Dr. Thomas, West Herts Infirmary, Hemel Hempstead, and the other from Dr. George Philpott.
Cross-examined by SIR CHARLES RUSSELL. The certificate does not give the number of the policy; it accompanied the usual claim form—we should judge that the writer had the policy when sending that—the claim does not state that he was coming down the steps in the company of Dr. Thomas—I believe the fact to be so—it has been stated—it is not in the form—we did not ask that question, but I know it to be the fact—Dr. Philpott does not allege that he was present—we did not make inquiry by our agent about the accident; we sent a medical man to satisfy ourselves as to the bona fides of the claim—we have not recognised it as an honest claim—we heard of these proceedings, and did no more.
Cross-examined. I am prepared to say that we should have refused the risk if we had found out that the proposer had been insured in other offices, and had suffered other accidents.
Re-examined. We invariably make inquiries; we did so in this case
if we had known the facts we now know we should not have granted the policy—Dr. Philpott himself made a proposal, and had an insurance.
By SIR CHARLES RUSSELL. That was on 12th October—he paid a premium of 8l.—he made no claim—I believe he did meet with two slight accidents—there was no extra risk for hunting—the policy is endorsed "To cover risks in hunting"—I believe Mr. Andrews was acquainted with Dr. Philpott.
By MR. JELF. I did not learn of the two slight accidents from Dr. Philpott himself; I learnt it through Mr. Andrews.
WILLIAM JAMES ANDREWS . I am agent for the Scottish Employers' Liability Company—Dr. Philpott introduced Mr. Arthur Philpott to me as his brother, by the name of Arthur Percy Philpott—the Doctor insured himself, paying his premium, and promised to introduce some others to me—he then introduced his brother—he signed his own name, and his brother, Arthur Percy, signed his—the Doctor was not present at the time of his signing—he introduced his brother as Arthur Percy Philpott, a gentleman from London—the brother was present then—he said he had come down to live with him for the hunting season—I am not prepared to swear that when he introduced him to me he used the name Arthur Percy—he mentioned his name once or twice after the policy was given in—I cannot swear that he did so before the policy was made out—I can't say when he had the policy; I don't know the date.
Cross-examined by SIR CHARLES RUSSELL. I would not say that he said "Arthur"—he introduced him to me as his brother—I got the particulars of the form from the defendant, Arthur—he signed it "Arthur Percy Philpott"—Dr. Philpott told me of one accident that he himself met with, and I saw the other—I did not tell him to make a claim; I advised him, if necessary, to make the claim—he did not make one.
STANLEY BOYD . I am a Fellow of the R.C.S—on 12th May in consequence of a request made to me on behalf of the Insurance Company, I went to Hemel Hempstead to see Dr. Thomas with reference to an injury which it was supposed had been received by Arthur William Philpott; I met Dr. Thomas by arrangement, and in his presence I examined Arthur William Philpott—I was not able to say that there had been a fracture, nor could I swear there had not—as far as my examination was concerned I had no evidence that there had been.
Cross-examined by SIR CHARLES RUSSELL. I was sent down by the Company as to the reality of the claim—the accident was on 17th April—in the case of a simple fracture the ordinary course would be to put the fractured limb in splints—I should imagine that cohesion would take place in from 10 to 14 days in a healthy subject—at the time I arrived it would have advanced about halfway towards recovery—I could not discover any existence of crepitus—the arm was in splints—I did not remove the splints entirely—I saw Dr. Thomas—I did not know him before—he told me he was house-surgeon to the Infirmary; I forget the exact title; he was resident at the Infirmary, in a responsible position—I believe he certified both to the character of the injury, and as being present; I suppose the defendant had been spending the evening with him—he said it was a fractured limb—I could not say that was not correct—I cannot say how long I have known Dr. Philpott—I knew him previously at college—he was there some years, I believe—I asked Dr.
Thomas whether on the night of the accident he perceived crepitus in the broken limb, and he said he did.
Re-examined. The result of my examination was purely negative; I was not able to confirm Dr. Thomas, or the contrary.
HENRY BABER . I am a M.R.C.S., and practise at Willesden—on 31st October I was called to Florence Villa, and there saw Arthur William Philpott in the name of Somerset; he came into the room where I was—he complained of a great deal of pain in his ankle—I ordered cold water bandages, and told him to go to bed—he told me he was getting into a Hansom cab and he slipped off the step and caught his foot between the step and the kerb—I saw him every day for about a fortnight—he seemed to throw a doubt on my diagnosis of his case—he said he thought what he described as the small bone of his leg, must be broken—I told him if he was not satisfied by what I had stated, he had better call in another doctor—he spoke in that way several times, so much so that I really did speak to another doctor in the neighbourhood, and asked him if he would come in with me—he spoke to me about an insurance company; first of all he said he did not think he would make a claim, afterwards he said he would, and some days afterwards he asked me to fill up the insurance form, which I did, and I signed it as a sprained ankle—he then drew my attention to my having described it as a slight dislocation at the time—my inspection seemed to give him so much pain that I thought there might be slight dislocation.
Cross-examined by SIR CHARLES RUSSELL. He limped into the room with one foot off the ground, his boot was removed, and I found he had severely sprained the ankle, there was not the slightest doubt of that fact—in extending his leg he said he was much easier, and I expressed an opinion that there must be a slight dislocation from the ease it gave him—the substantial injury was a slight sprain—I never saw Dr. Philpott.
FREDERICK DOWNES (City Detective Sergeant). On 14th May I went to Hemel Hempstead with two summonses to the two defendants—I first saw Arthur—I said "I am a police officer from London, and this is a warrant for your attendance at the Mansion House on the 23rd"—he read it and said "Very well"—I afterwards saw the Doctor at the Railway Hotel, Boxmoor—I said to him "I am a police-officer from London, this is a summons for your attendance at the Mansion House on the 23rd, in conjunction with your brother"—he read it and said "As a witness?"—I said "No, as a defendant"—he said "I don't understand this, I can soon clear myself; I know nothing of my brother having any alias; poor devil, he is always in something, he broke his arm the other day, Dr. Thomas saw him"—Dr. Thomas was with him at the time at the hotel; I don't know whether he was present when this statement was made.
Cross-examined by SIR CHARLES RUSSELL. The summons was for conspiracy—the alias was on the summons.
In the course of SIR CHARLES RUSSELL'S speech the RECORDER said he thought there was no evidence on which the Jury could be asked to convict George Frederick Philpott MR. GRAIN said that the first four Counts for conspiracy being so disposed of if the Jury found a verdict of
NOT GUILTY as to both prisoners upon them, his client would
PLEAD GUILTY in the hearing of the Jury to the fifth Count for obtaining a valuable security by fraud.
GEORGE FREDERICK PHILPOTT— NOT GUILTY . ARTHUR
WILLIAM PHILPOTT— GUILTY on five Counts.— Discharged on recognisances.
TURNER PLEADED GUILTY .
MR. GILL Prosecuted.
GEORGE RUTTER FLETCHER . I live at Milner Street, Islington, and am a solicitor—on the afternoon of 1st May, about 5 p.m. I was walking up the City Road, St. Luke's, alone—I went to call at the Hospital for Diseases of the Chest, and as I entered the porch two men entered behind me; I found the swing doors were closed—I turned to ring the bell and felt a tug at my chain; on turning round I was tripped up; I fell and my chain was taken. I found afterwards my watch was in my pocket—I got up and ran after the prisoners towards the hospital garden gate—I saw one or two people running and others standing about—after I had run a yard or two I was tripped up and fell again—I got up and saw some men running up Regent Street, a small turning by the hospital; some person standing there gave me his name—my chain was broken away from my watch—I was considerably bruised as the result of the fall—I do not identify either of the prisoners.
Cross-examined by Hill. I think I was tripped up in the forecourt before I arrived at the door—the man that did it was standing to my left I think in the courtyard—one of them ran away up the turning, I cannot say if more than one did.
HENRY LEES . I am a solicitor's clerk, living at Finsbury Park—in the afternoon, 1st May, about 20 minutes past 5, I was in the City Road, and when going past the Chest Hospital I saw the prosecutor getting up from the ground—some young men were hustling round him, the four prisoners are some of them—I saw the prosecutor get up from the ground—I saw him knocked down again as he came towards the corner of Regent Street—Hill came towards me, put his leg behind me and tried to push me down, and the prosecutor and I fell against each other—the prisoners all took to their heels then, and ran up Regent Street—Hill went to the other side of the pavement; they all joined at the top of Regent Street and ran round to the right together—I know some of the men by sight, I have seen them before—I am sure they were the men—I afterwards described them to the police, and at half-past 10 the same night I identified Hill and Turner from 17 or 18 others at the police station—of the others I identified one at the police-court and the other at the station—I am quite sure all four men were there.
NORRIS HORAN (Policeman G R 34.) At half-past 5 p.m. on 1st May I saw the prosecutor and Lees—I had a conversation with Lees who gave me a description, in consequence of which, about 6 p.m. I in company of another constable arrested Hill and Turner; there were six of them together in Bath Street—the other constable took Hill—Turner ran away, I chased him for half a mile round to St. Luke's, and in old Street he was stopped by a passer-by—I told him he would be charged with being concerned with others in robbing a gentleman by the Chest Hospital, he made no reply—he refused his name and address.
Cross-examined by Riley. You were one of the six with Turner.
Cross-examined by Brady. You were one of the six with Turner.
STEPHEN HAWKES (Policeman G R 46). On 1st May I saw Hill and Turner with other men, and from what I had heard I went up to Hill and told him I would arrest him, and charge him with robbing a gentleman in the City Road—he said "Why, I have not been out of doors half an hour"—I took him to the police station where Lees picked him out of a number of other men—when charged at the station he made no reply.
THOMAS CUMMINGS (Policeman G 234). About 10 p.m. on 1st May I apprehended Riley in the City Road, and told him what he would be charged with—he replied all right—at the station Lee identified him—he made no reply to the charge at the police-court next morning.
JAMES MAYNE (Policeman). I arrested Brady and told him he would be charged with being concerned with others in custody, for assaulting and robbing a man of his watch and chain in the City Road—I took him into custody on another charge, and this was after I had told him about that—he said "I know nothing of that affair, you know that," referring to this charge.
PAYNE (Policeman G 401). I know the four prisoners by sight—at 10 minutes past 5 in the afternoon of 1st May I saw them together and with two others going in the direction of the Chest Hospital—they were then eight or ten minutes' walk from the hospital—about 5.30 I heard of the robbery.
The prisoners asserted their innocence.
HILL then PLEADED GUILTY** to a conviction of felony in June, 1887, BRADY** to one in June, 1887, and TURNER** to one in May, 1887, in the name of William Harrris, Riley.
There was another indictment against TURNER, RILEY, and HILL, for another robbery under similar circumstances— Eighteen Months' Hard Labour each.
The Court commended the conduct of the constables and of Henry Lees.
NEW COURT.—Monday, June 4th, 1888.
Before Mr. Common Serjeant.
MR. HADDON Prosecuted.
MARY ANN JOHNSON . I keep the Christopher Wren public-house, Wilson Street, Finsbury—on 8th May I was up rather late, and about 2 o'clock I heard a noise outside, near the front door—I stood in the bar, and saw a man's face at the fanlight, which he forced open, and I saw his hand inside—I went upstairs and called the potman.
JOHN MURRAY . I am Mrs. Johnson's potman—she spoke to me about 2 a.m. on 8th May, and I jumped out of bed and ran down with a truncheon to the next landing, looked out at the window, and saw three men about 20 yards from the house, who I now know to be detectives—two of them were in plain clothes, and one in uniform—I gave a long, low whistle, and a constable ran into the middle of the road—I went out and he was holding Hawkins by the throat—he had his truncheon up, and Gill was standing by him; I seized Gill—I afterwards saw finger
marks both outside and inside the fanlight, and the wood-work chipped away—the fanlight is eight or nine feet high, they could not reach it from the pavement, they had to get on the railings at the side.
Cross-examined by Gill. The constable was not holding you, he held his staff in front of you, and you had a chisel in your hand.
WILLIAM DURRANT (Policeman G 400). On 8th May, about 2 a.m., I was on duty in Wilson Street—heard a whistle, and saw the potman at the Christopher Wren, looking out at the top window; he spoke to me, and I ran round the corner and saw the two prisoners and another man—I was in plain clothes—I saw Gill jump from the rails at the side of the door—Hawkins was standing against the door—I caught hold of his collar and drew my truncheon, and dared Gill to move—he drew a chisel from his pocket and said "I will do for you"—I said "If you move I will knock your brains out"—the potman then came out with a truncheon, caught hold of Gill, and said "You move and I will brain you"—another constable came up and secured him—he took a pipe from his pocket, threw it at me and struck my neck, trying at the same time to pull from the constable; he then struck me—going to the station he said "Whatever I get for this, I will do for you when I come out"—after he was charged I went back to the house, and found finger-marks inside and outside the fanlight, and this small piece chipped off the outside, as if by a chisel—the glass was dusty, and you could see finger marks on it and on the railings, and on the side of the door—a man could get his body through after he got the fanlight open.
Cross-examined by Gill. The other policemen ran past you, they could not see you, as it was dark—I had the two of you for about three minutes—if you had run I should have done my best.
Cross-examined by Hawkins. You came running from the door, and I got you between the kerb and the yard—I had you both for two or three minutes, and it was two minutes more before the other constable came.
CHARLES BARNES (Policeman G 314). I was with Durrant, heard a whistle, and ran some yards behind him—I saw him seize Hawkins—I looked round and saw a man hanging on the fanlight by his hands; he had a light coat on, and something in his right hand, apparently a jemmy—he dropped and ran off—I chased him 500 or 600 yards and lost him—I returned and relieved the potman by taking Gill, who threw a clay pipe at Durrant and struck his neck—I took Gill to the station, and found this chisel in his pocket.
EDMUND COOPER (Policeman G 407). I heard a whistle, and saw Barnes running after the man who got away—I saw Durrant take Hawkins, who said on the way to the station "Well, I was only going home, governor"—I said "Where is that? I will make any inquiry for you"—he said "Up City Road"—I said "You were going away from the City Road"—he said "Then I refuse to tell my address; I will tell the inspector at the station"—he said to Durrant "God blind me! I will give you something for this if I get anything, when I come out"—I cautioned him, that what he said might be used in evidence against him, and he said no more—he refused his name at the station.
Witness for Hawkins.
your pipe in your mouth, nor did Durrant take it out of your mouth: you threw it at him, it struck him and then fell and broke—you were going to smoke, he said "You shan't smoke," and you threw the pipe at him.
Gill, in his defence, contended that there was no proof that he was trying to break into the house, as the man who did so had escaped; he denied striking Durrant, and said that he asked him to show the Inspector the mark, which he could not do. Hawkins, in his defence, stated that if he had been the man, he could easily have escaped, as there was a dark square at the end of the street; but he offered no resistence.
MARY ANN JOHNSON (Re-examined). The fanlight was shut—it was dusty—there are two iron bars to prevent its going down, and let in ventilation—it was shut every night—when a hand was put in it could be pushed back.
Cross-examined by Hawkins. I did not say at the station that the fanlight was broken—I said I would have good fastenings put on it.
GUILTY . —GILL then
PLEADED GUILTY to a conviction at this Court of burglary in September, 1887.— Twelve Months' Hard Labour. HAWKINS.**— Ten Months' Hard Labour.
MR. LAWLESS Prosecuted; MR. ABINGER Defended.
EMMA BEHN (Interpreted). I live with Leonhart Krott, at 19, Westmoreland Street, Pimlico—on 6th May I was in the parlour on the ground floor, and the prisoner called—my servant, Carolina Silberger, opened the door—I could hear what was said, and I knew the prisoner and her voice—she said "Is Mr. Krott at home?" but he was not—she said "Oh, if he is not at home I am sure to find him; we shall be able to catch him between us and get money out of him, and if not I will go to the Magistrate, and will do with him what has been done to Hilfrich;" a girl was with her—I was present at the Police-court last March when Hilfrich was charged in the dock with bringing a girl from Rotterdam to whom he had promised marriage, and after she was here sending her into the streets to make money, and when she could not get much money he turned her out of doors in the middle of the night—Carolina Silberger brought the charge; she was a stranger without a place, and I wanted a servant, and took her—Jerrard was the woman who came with the prisoner.
Cross-examined. I did live in Winchester Street; I moved to Westmoreland Street three weeks ago—the prisoner came three times between 2 o'clock and 6 o'clock—the conversation I have stated was on the first occasion, and that was certainly before 3 o'clock—they asked the first time where the stables were—the address was given to them, but they came back and said they could not find the stables—I saw them about three times, and heard what was said—I was standing a little behind the door, as I was not fully dressed—that was the only reason I did not come forward—I have lived with the prosecutor nearly five years—he
has been a jobmaster from four to six months, since a little before this case commenced—he has got nine horses—when orders come to 25, Winchester Street I go to the stables—when Krott came home between 7 and 8 o'clock I told him that the girls had come there, and said so and so—I did not tell him that the prisoner's baby was dead; I did not know it—I had never seen the prisoner in London before 6th May, but I saw her at Amsterdam nearly two years ago—I said in my first examination that I had seen her, and also recognised her by her voice—I do not know where Silberger is, perhaps in a place—I do not walk the streets; I do not keep Krott; he has money enough, and he keeps me—he gets the money from the bank—he has always been keeping hotels and restaurants in Amsterdam—he has been in England 18 months—the charge against Hilfrich is still pending; he ran away.
By the COURT. I do not walk the Aquarium every evening, but very often—I speak to gentlemen there for my own profit—I never go to Victoria Station.
Re-examined. The last time I was at the Aquarium was eight months ago—when I told Krott what the prisoner had said, he said he was not conscious of having done anything; let her go to the Magistrate.
MARTHA HARZER (Interpreted). I am single, and live at 23, Cumberland Street—the prisoner called on me one Sunday with another girl who I do not know, and said "Tell me Krott's address"—I gave it to her, 19, Westmoreland Street—she then told me that her baby was dead, and left—she returned the same day with the same woman, and asked me to give her the address of Krott's stables—I told her I did not know—she said "Do tell me where the address is, for if he does not give me any money I will go at him"—she then left.
Cross-examined. I did not know her, and do not know why she came to me—I am an ironer, but only work now and then—I worked last Saturday, but the work was for myself—I know Mr. Krott; I met him in London; I have known him two or three years—I have known Behn nine years—I did not speak of this case with her; all I told her was that she had been to my place.
By the COURT. I told Mrs. Behn the same night that the prisoner had been there and asked for the address, and afterwards returned and asked the address of the stables.
LEONHART KROTT (Interpreted). I am a job-master of Winchester Street—I kept a restaurant at Amsterdam two years ago, and the prisoner was a waitress there, to serve customers and do the household work—I came to London about sixteen months ago, since when she has accosted me fifty times in the street—she did so a few weeks ago and said that her child was mine and she would have me for it; that she would have a go at me if I did not pay her—I have never had any connection or intercourse with her—it is not true that I brought her over from Amsterdam and induced her to go on the streets here; a man named Kohn brought her over.
Cross-examined. Kohn is a Jew, he lives at Amsterdam; I know him—the prisoner said she was 17 when he brought her over, and that is two years ago—I am a respectable, honest German, and now I deal in horses—I have got nine horses—I have dealt in horses about three months, and before that I lived on my means for a few months, having sold my business
at Amsterdam—I have had to go there and back to get my rents, and that gave me the means to live—I was not turned out of Amsterdam or any other town for keeping a brothel—the police have never complained of me in my life—I was not prosecuted and turned out of Brussels,—or any town in Belgium, for keeping a brothel, nor was any complaint made against me; my children are in Belgium now—I was expelled from any-werp, but they did not tell me the reason why; I offered 3,000 franes for the reason and the answer I got was that Victor Hugo had been expelled as well—that was in 1884—I went to America and was there nine months, and when was open day and night—it was not a brothel—I sold my business at Rotterdam because I was tired of keeping it on—I have got papers to prove what I say—I brought about 100l. to London and the other money I had invested in six banks—Kohn never gave me any money; he never had any, and he could not have given me any to bring this girl to London—I have a wife living; she has been in a lunatic asylum for the last four years, and my children are at a—boarding-school in Belgium at my expense—one school is Philpot's and the other is St. Nicholas—I saw them last week, I was over there—I have not lived upon the prisoner's prostitution; I never was under The necessity of doing so; nor on the prostitiution of Beha—I have money of my own, and more than I want—I never spoke to Margaret Jerrard a all—I do not know Joseph Salem; I did not say to him that I was compelled to get her locked up, or I should have been locked up myself—I never spoke about the affair to anybody in London—I took out a warrant for Jerrard's arrest because she was in company with the prisoner at the door—my wife and the servant told me that.
By the COURT. By my wife I mean Miss Bohn—she is not my wife—my wife is not dead yet, although she is incurable—I am not in a position to marry Miss Behn—Hilfrich is a man from Cologne, I have known him ten years; he lodged with me when I was in Antwerp, but not in—London—Silberger's accusation against him was that he had promised her marriage and brought her over here from Rotterdam—I have not seen him since he absconded—he is in Cologne.
Re-examined. I obtained the price I have for it for my business at Amsterdam—the house had permission to keep open till 2 a.m., which is only given to a respectable man; and also to sell strong drinks—as to being turned out of Brussels, I have been there twice lately for the children—it was in 1884 I was turned out of Antwerp—Salem is not a friend of mine; I do not know him—Jerrard is a young woman—the Magistrate dismissed the charge against her—I was asked about it and consented to let her go—Hilfrich lodged with me in Antwerp in 1882 and 1883—I am not friendly with him now.
By the COURT I did not join in the prosecution of Hilfrich—I did not institute proceedings myself; the girl was crying in the night, and I gave her the money which was necessary—she said that she would return me the money which I spent in costs after she got the money back; but she was not in a position to do so—I assisted in the prosecution of Hilfrich because he had sent a letter over to the Hamburgh police authorities saying that I was an archist and had dynamite in my possession; and I was arrested and kept five days in custody, during
which they telegraphed to my home and found the contrary—that was last year.
JOHN EDWARDS (Policeman A 27). I took the prisoner on a warrant on May 10—I read it to her and she said in broken English "All right"—I had another warrant against Jerrard, who was charged and discharged.
NOT GUILTY . *
MATILDA GATES . I live at 31, James Place, Devonport Street—the prisoner is my husband—on 22nd May I was in the room downstairs at 4 a. m.—I had not gone upstairs to bed, as my husband had not allowed me to do so for a fortnight or three weeks—he had threatened me, and said he would have my life—a little boy, named Albert Marchant, was in the room—my husband came downstairs about 4. 15, and said "What are you doing here, you b—W—?"Inot answer—he said "you leave house, you b—cow," and he deliberately came and kicked me on my right side, and made his way to the street door—I went to the door to try to shut him out—he said "You can, I will kill you"—he had this pocket-knife in his hand, open—he struck me on my left breast, and made a shove at me, and got to the yard—I said "You vagabond; you have drawn blood"—he got over the back-yard wall, and I saw no more of him—I fell on the chair, and two constables came.
By the COURT. I did not fall in the first instance—he shoved me off the chair, and kicked me—I was on the floor when he came in, but I got up and sat on the chair—I was afterwards seen by a doctor.
Cross-examined by the Prisoner. I did not go to bed from week to week—you kicked me on my right side—you had been bound Over four days previously at Arbour Square, to keep the peace towards me for six months—I had not misbehaved myself in any way—I have been your wife for seven years—there was no justification for the epithet, "cow"—you said that you had a fractured rib, and the Dock Company allowed you 8s. a week—you laid out what you thought you would, and my little girl laid out 1s. 4 1/2 d.—I have a daughter by you, and I have three little children by my first husband—I did not say that I would dash your head in, nothing of the kind.
By the COURT. He was quite sober, and so was I, for I had hardly had a bit of food to eat—I take in washing and go out charing, or any tiling I can get to do.
By the Prisoner. I have stopped out all night, like a great many other women who are afraid of a man—you were dressed when you assaulted me, bar your jacket—I did not call you bad names.
ALBERT MARCHANT . I am a son of the last witness—I wan with bar is the room downstairs on 22nd May at 4 a. m.—I had not gone up to bed, we were afraid, because my father might have done something to us—I used to sleep in the same room with them—my father has threatened my mother in my presence—he said "You b——cow, if you come up here I shall be hung for you"—when he came down on this morning my mother was lying on the floor—she heard him coming, and got up and sat on a chair, and he knocked her down and kicked her, and
she went towards the street door and tried to put it against him, and he rushed at her with a knife and stabbed her, got his hat, and went out and got over the yard wall—he was sober—the knife had only half a handle—I saw it in his hand after he stabbed her, and saw him put it in his pocket.
Cross-examined. I was standing by the sewing machine—you chucked that over, and it was all broken—this was on Bank Holiday morning—I did not go out on Sunday morning and stay out till Tuesday; I was at home.
MICHAEL MCCOY . I am a surgeon of 300, Commercial Road—on May 22nd I was called to King David Lane Station about 5 a.m., and Found Mrs. Gayes suffering from a punctured wound above her left breast, about half an inch deep and nearly a quarter of an inch broad—she was faint from loss of blood—I dressed the wound—this knife might have produced it, but it would require great force, as it is rather blunt, and it had to go through her dress first—there is a thick muscle there.
Cross-examined. There was blood on the knife—it was not wet then—I did not apply a test to it—her life was not in danger.
JOHN WALLEY . (Policeman H 429). On 22nd May, about 4. 15 a.m., I saw a man jump over a fence in Brook Street—I pursued him, and caught him in School Lane—he went at a rapid rate—it was the prisoner—I stopped him, and said "I want you; what were you doing getting over the fence in Brook Street"—he said "Not me"—I said "Yes, you will have to go back with me"—he said "You have made a mistake"—the sergeant came up, and then the prisoner said he had got over there to have a sleep—I said "You could not have done that, because the boy told me two or three minutes ago you were in bed"—we then met a constable who said "This man is wanted for stabbing his wife"—the sergeant said "Have you got a knife about you"—the prisoner said "Yes," and handed him this knife—he was quite sober.
Cross-examined. You were walking as fast as you could—on the way to the station we met the prosecutrix, who was being taken there—I said to her "Your husband has stabbed you" she said "Yes"—I said "Your follow on the station".
WILLIAM CURTIS (Policeman R 48). On 22nd May I was on duty, and sew the prisoner getting over a hoarding 8 feet high—he ran away—I told a constable to chase him, which he did—he was stopped 30 or 40 yards ahead of me—we returned to Brook Street, where another constable said he was wanted for stabbing his wife—I said "Have you got a knife"—he said "Yes," and handed me this knife"—there were stains on it, and I said "There appears to be blood on it now"—he said. Those are stains from cutting meat."
MATILDA GAYES (Re-examined). I have often seen this knife before—I am rather short of knives, and on Sundays my husband used to have his dinner with it—he is in the habit of taking knives and driving them into the table, and therefore I am short of them—it has come to pieces now, but it was not in pieces at the time.
The prisoner in his defence complained of his wife's misconduct, and stated That he never took the knife out of his pocket, and that if he had done so he could not stab any one with it as it was all falling to pieces.
GUILTY of unlawfully wounding— Fifteen Months' Hard Labour.
OLD COURT.—Tuesday, June 5th, 1888.
Before Mr. Recorder.
580. SIMON HARRIS (70) , Unlawfully causing to be made a delivery order of certain property to Louis Harris, with intent to defraud his creditors; also concealing certain property, and failing to discover the same.
MESSRS. WOODFALL and LAWLESS Prosecuted; MESSRS. COCK Q. C., and
ABINGER Defended. CHARLES L'ENFANT. I am a clerk in the London Bankruptcy Court—I produce the file of proceedings in the bankruptcy of Simon Harris on the petition of Messrs. Wagner and Gersler, dated 28th June, 1887, the amount of their debt, 94l. 2s. 6d., the adjudication is dated 27th August, no accounts were filed.
Cross-examined. I was present at this Court in the proceedings against the prisoner's son, Louis Harris—I was not present at the end of the trial.
WILLIAM ABEL READ . I am manager of the Tottenham Court Road branch of the Central Bank of London—the defendant had an account there—I know his handwriting; I have seen him write—I believe the signature "Simon Harris" for this deed to be his. (This was a dead of assignment from the prisoner to his son, dated June 16th, 1887.) I know Louis Harris—he used to sign for his father per pre.—I know his handwriting—these bills of exchange are drawn by Simon and accepted by Louis. (These were all dated 16th June, 1887, and were for 100l. respectively payable at various long dates.
Cross-examined. The prisoner's account was not transferred from Birmingham; it was opened in the ordinary way by a cheque being paid in—we made a confidential inquiry of the Birmingham bank, as to whether the prisoner was respectable, and trustworthy for a certain amount, and in consequence of the answers we receives we opened the account with him—he had been in business in Birmingham—when his account with us was closed we handed over to the trustee between 30l. and 40l.—on 16th July the balance was 106l. 7s. 9d.
Re-examined. It was not in consequences of the answer we received from Birmingham that we opened the account; it was opened before—the answer was satisfactory.
By MR. WOODFALL. The reason why we only handed 30l. or 40l. to the trustee was because the agreement was that a certain balance should be kept, in order to meet bills.
EDWARD JAMES ABBOTT . I am a chartered accountant, of 77 Cornwall Road, Birmingham, I was appointed trustee to the prisoner's estate on 30th June, 1887—I attended the meeting of the creditors, and the public examination—the prisoner did not appear to be examined—I examined his affairs as far as I could—the amount of goods purchased in April, 1887, was 356l. 19s. 3d.; in May, 343l. 1s.; and in June, 5s. those are for watches alone—I did not find any books—what information I got was from a correspondence with creditors who supplied the watches; neither the prisoner or any one on his behalf has given me books, or any information connected with his affairs—I found no trade asstes—I took possession of his place in Hatton Garden and at Maida Vale, what assets there were claimed under this deed—I found
nothing at Hatron Garden but just the ordinary office fittings, no goods—the deed of assignment was shown to me afterwards, also the four bills of exchange—I have only had 35l. 10s. from the bank—I contested the deed, and it was declared void, I believe.
Cross-examined. I did not at first suggest to some members of the prisoner's family that they should buy the business from me; I finally sold the estate in November to Mrs. Harris, Emanuel Harris, and Louis Harris—I understood that the deed was bad before I sold the estate there is a document setting aside the deed, but I don't know the date of it—I believe the way in which the prisoner's business was conducted was by sending travellers round the country with watches—the deed states that the watches were with the traveller at Dumfries—there was a charge against Louis Harris for fraud with regard to this deed, I believe he was acquitted—I have not heard that at the time of the assignment Louis was about to be married—I don't think there was any concealment about the deed, I presume a solicitor drew it up—I could not say whether the name of Louis was put up and Simon's taken down, the Sheriff had possession—I know that a circular was sent round to the creditors informing them of the assignment—I believe the watch trade generally was depressed at this time; I can give no opinion as to the value of the goodwill of this business or the value of the lease of the premises at Cardiff—so far as I know, nothing is assigned by this deed but the office furniture and the 144 watched at Dumfries; I am unable to tell you the value of those watches—I have not made inquiries as to the value of the debts due to the firm; I have no particulars of debts, or books of any kind—I gave notice for the debts to be paid to me, and I have got 16l. 11s. 9d.—it is not unusual for a son succeeding to his father's business to pay for it, over an extended period—the whole of this deed strikes me as uncommon and suspicious; I cannot give you any separate facts.
Re-examined. I had no knowledge as to the watches at Dumfries, except by the assignment; the claim was made by the son—the bankrupt a liabilities were about 9,800l.
HERMAN WAGNES . I carry on business as Wagner and Gersler, at 47, Aldermanbary, importer of fancy goods, watches, &c—I dealt with the firm of Simon Harris and Co., of 24, Hatton Garden—I supplied them with goods between February and May, 1887—in June, 1887, the amount owing to us was about 90l.—we issued a writ and signed judgment—we have not been paid, except for one small parcel of 9l., which was sold for cash.
FITZ GOREN . I deal in watches at 91, Hatton Garden—in the beginning of June last I represented Mr. Paul Keller, a jeweler—I sold some watches to the defendant at 24, Hatton Garden; I saw Louis and his father—the amount was something over 30l.—I have not been paid.
Cross-examined. I am not now in the employment of the firm I then re-presented; I cannot tell whether they have been paid any part; I proved the debt—my place is opposite Harris's—I saw the name changed from Simon to Louis—I believe I sold Louis a few watches after that—I was on the committee of inspection—they carried on business in London from the early part of the years and had previously carried on business in Birmingham.
POLYDORE DUBOLS (Interpreted). I am a watchmaker at 1, Northampton Square—in May and June, 1887, I did business with Simon Harris and Co., of Hatton Garden—I sold them some watches on 14th June to the amount of 58l.; they gave me a bill, which has not been paid—the total amount of goods I sold them in May and June was 151l.—I saw both the father and sons; the defendant signed the bills.
Cross-examined. I found no other persons to buy except them—we were in a very bad state after this—Mr. Goren's firm was also unfortunate—I was only one month in London.
GEORGE HAWLEY . I am a watchmaker—in May, 1887, Louis Harris called on me and ordered goods for Simon Harris to the amount of about 49l.; they were supplied—I have not been paid for them—on 4th June, 1887, I supplied goods to them to the amount of 55l. 3s.—I have not been paid.
Cross-examined. Part of the goods were on approbation on 13th May; and on 14th June they decided to keep them—ours firm has done business with Harris and Co. to as very large amount, some thousands—the amount of the debt is 173l. quite enough to lose.
Cross-examined. I had done business with them before and was paid, they paid me 64l. 17s. 6d. in June; they did not pay the last amount.
GEORGE WEIDNER.(Police Inspector E) On 15th September, 1887, I received a warrant for the prisoner's arrest and on 2nd April this year I apprehended him at Cardiff.
Cross-examined. Cardiff is his native town.
Witness for the Defence.
EMANUEL HARRIS . I am a son of the prisoner—until the business was removed to London I was in his employment—I was perfectly familiar with the way in which the business was carried on—the books were kept by at younger brother—my brother Louis was in my father's employment for some years—my father is between 69 and 70—the place in Hatton Garden was taken in the early part of last year—in about the middle of the year Louis contemplated being married—I cannot say that it was arranged that thy father should retire and that the business should be transferred to Louis—the assignment was carried out by Mr. Hill a solicitor, of Chancery Lane, he had been instructed by the family for several years—I afterwards bought the business form the trustee for one purpose alone, I bought it in the middle of September—62l. out of the 100l. paid for the business was paid to Mr. Wallis on 15th June, a—creditors of my father's—I instructed Mr. Howse, an accountant to take out the figures with regard to the business carried on since they came to London—the amount of goods purchased between 16th February and 16th June was over 1,800l.; I submitted the books to Mr. Howse—the business was always carried on by means of travellers who went about the country, the whole of the stock—during the whole four years, I don't think we sold 60l. or 70l. worth of stock—on an average I think the firm bought 400l. worth a month from the first day the business was opened till it finished; the watch trade has been very bad for some time.
Cross-examined. I gave the books to Mr. Howse; I had them at my
office in Cardiff—I bought the business—they were the books of the London firm; I got them in November last; my mother removed them with the furniture; my father was in Cardiff the whole time, he went to Droitwitch under the doctor's advice—my brother Henry gave me the books—Louis is in Glasgow with some friends of mine—I was not engaged in my father's business after the removal from Birmingham—I have the books here (some books were produced)—I can tell in whose Writing they are; this one is in my writing, that would be the Birmingham book, and this other also—Louis had the management of the business here, this book was kept by him; this was kept by me, it is an old book; Mr. Howse has the others—my brother Henry gave me 20 or 30 books, and piles of paper—these were two of them, he did not give them to me, they were open at the time—I saw them off and on since October.
Re-examined. The books were kept at Hatton Garden, when my brother brought the business the books became his—when I bought the business of the trustee I became entitled to the books; he gave me a pile of papers; he did not give me my brother's bills, which I thought I was entitled to.
RICHARD FREDERICK HILL . I am a solicitor of 24, Chancery Lane. On 6th June I was consulted by the prisoner as to assigning his business to his son Louis; I gave him certain advice—the deed was prepared and executed in my presence—they both came to the office—the prisoner said he was in failing health and wanted to give up the business, and that Louis was to take it over—we were about two hours together explaining the nature of the deed—several people were waiting in the outer office—after I had witnessed the signatures, I said "Gentlemen, kindly hand the consideration over," and my clerk showed the other client in"—I heard money pass, but I did not actually see it counted and handed over—I heard them counting out the money, they went to an oval table in the middle of the office.
Cross-examined. The rest of the consideration was in bills over three years—I know money passed—I can tell the chink of a sovereign—they had their backs to me—I don't know in what the money was contained.
ARTHUR HENRY TRIGGS . I am managing clerk in Mr. Hill's office—I came in respect of another client just as this assignment was completed—I saw Louis handing gold to Simon, I could not say how much it was.
Cross-examined. I did not see any bag, I saw a number of sovereigns, I can't say whether 20, 30, or 40—I saw a good deal of money handed to the prisoner, that was after Mr. Hill had said "Will you hand over the consideration?"
THOMAS WHITE HOWES . I am an accountant and rate collector—I have been asked by Mr. Harris to examine the books of this business from 16th February to 16th June—there was an inward ledger, that is goods bought, a bill book, and other books—I examined the outward ledger, that is goods sold—the amount of goods purchased in that period was 1,883l. 12s. 10d., of these there were returns of 42l. 4s., leaving 1,791l. 8s. 10d.—I am informed that there was a accommodation bill of 45l. included in that, which would reduce the amount to 1,746l. 8s. 10d.—the amount of goods paid for during the same period
was 1773l. 4d.; I also found an entry of 17l., for costs paid to a Mr. Wallis—I did not include that; that would bring the amount paid to 1,790l.
Cross-examined. More was paid that was due—I have not got the inward ledger here, I came up from Leamington late last night, and came direct here, and I left it at my office; it was quite an eversight—I have no other books—these accounts were all taken from the inward ledger, so far as goods paid; no calculation was made of the goods obtained on 14th June and not paid for—I simply dealt with the thing in bulk—the books were given to are by Emanuel. Harris about a week before the case came on at Bow Street, that was about April, he came and saw me and asked me if I would go through them; I gave a certificate of what I found.
Re-examined. The goods that came in on 14th June would appear in the inward ledger, therefore I included them in the amount of goods—the total amount of good purchased was 1,833l., inclusive of all debts—according to the book more money would be paid than goods received.
HENRY HARRIS . I am a son of the prisoner—I was employed in his business up to June, when this assignment took place—I kept part of the book—I remember the business being transferred—I was a ware-that was going to be done; my father was in very indifferent health at that time and was attending at Sr. Bartholomew's—my brother Louis was about to be married, and I think it was intended that the business should be his in preparation for that event—on 16th June my father left the money with me to pay 62l.—he had been to Mr. Hill's with my brother to execute the deed, and he gave me the money out of the 100l., when he came back the 62l., was paid; I think my father or brother paid it, I did not.
Cress-examined. My father took the money—I kept the buying ledger—I was in my father's employment in Birmingham about a mouth—I took the books away from the office after the bankruptey, by no one's orders in particular; they were there till we went to Cardiff, in November, so I thought it would be no use leaving them there—they were in the office upstairs, and the books were there—we took that office first; we could not get the safe upstairs, so we had to take the office downstairs as well.
Re-examined There was an iron safe, that was kept downstairs; the furniture and desks were upstairs, that was where the books were accoustomed to be kept—they were kept in the same place after the petition was filed until we went to Cardiff; we looked up in a desk—I do not think the trustee troubled about them.
GUILTY . — one month's Hard Labour.
MR. MUIR Prosecuted
WILLIAM PATON (a deaf nuts. Interpreted) I live at 37, Bacon Street, Bethnal Green—on Saturday night 19th May, I was in High Street, Shoreditch—the prisoner struck me on the chin and the lower part of my face, and I fell down—I then got confused; three was a kind of struggle,
and then the prisoner ran off and I missed my watch—I had had it before.
Cross-examined. You knocked me down and ran a way—you went a public-house door when I came a long with a constable.
CHARLES RAE (A deaf-nuts. Interpreted) On 19th May at 11 p.m. I and Paton were walking a long High Street, taking together on our fingers, when I saw the prisoner strike Paton in the month and knock him down—I saw him fall; I did not see anything more done—they had a kind of squabble on the ground, and then the prisoner ran away—I saw nothing of a watch; I did not see the prisoner do anything to Paton's watch pocket—I went and told a police-constable.
JOHN DENIS (Policeman H 57) About 11.15 p.m. on 19th May the prosecutor took me to the Belt and Pump, High Street, Shore ditch, and pointed out the prisoner, and by his another accused him of stealing his watch—I told the prisoner I should take him into custody for stealing the prosecutor's watch—he made no reply—at the station he made no reply to the charge.
(The prisoner in his defence said, he was watching with his wife when the prosecutor and his witness came jumping along, and the prosecutor shoved his wife and he (the prisoner) punched the prosecutor and—walked on. He called the following witness.)
ARCHIBALD FREDERICK JUDGE I am a cabinet-maker—I, the prisoner and his wife went down Hoxton, on 19th returning though shore itch the wife was insulted by one the lads in an improper manner—the prisoner book his wife's part, went after him, and there was squabble—I was not present when the squabble took place—I was present when the prospector ran away—we returned to the Bell and Pump, and had two bottle of ale, and the constable and the prosecutor came and charged him—there was no watch robbery—I was there where the wife was insulted—I was not there when the prosecutor was knocked down.
By the JURY. The prisoner ran after the prosecutor and I stayed along with the prisoner's wife—they ran 20 yards, I daresay—I could not see 20 yards in a public street like shore ditch—I did not see the prisoner knock the prosecutor down—I went after them and brought the prisoner away from out of the mob, and we returned to the public-house and had a drink—I dare say ten or twenty people were round—when I took the prisoner away he was jangling with the party who insulted his party—I only saw him talk to the prosecutor.
WILLIAM PATON (Re-examined by the JURY) I am certain I had a watch my waistcoat-pocket before I was knocked down—a woman was near the prisoner; she passed on, and the man came and knocked me down—nobody but the prisoner was near me—I did not insult the woman in any way—the woman came against me. GUILTY — six months' Hard Labour.
NEW COURT.—Tuesday, June 5th, 1888.
Before Mr. Common Serjeant.
MR. HEDDON Prosecuted: MR. A METCALEE Defended.
ALFRED LEDDIARD HUTCHINSON I am manager to the Ceylon Tea Growers Company, Limited, St. Michaels House, Basing hall street—The prisoner entered their service in March 1887, wand left in March 1888—I engaged him as bookkeeper, and to attend to persons coming in, take there orders and receive the money—it was him duty to get the customer to fill up such a form as this (Produced) and get the customer to sign it and pay me the money he received, Immediately if I was in, and if I was out to hold in till name in an I should enter it in this ready money book (produced) and he might do was not there—here are four entries in it on 4th October, all in my writing but no enter of the name of "Mrs. Jane Hunter" or of any tea supplied under the name of "Stranger"—there is no entry that day of 21/2 lbs. of ten to anyone—on 18th October there is aid enter of the tea to Mrs. Jabe Hunter or to a Stranger, nor is there on 31st October but 3 lbs. is entered in the name of Fletcher—if a person order a larger quantity of tea than he could take away' it would be the prisoner 's duty to order it to be delivered at the customer address on payment of the money—it was not his duty to sell tea without cash being paid, or to give credit without my directions—if a person requires credit I went references—Jane Hunter's name does not appear in any of these books, or in the ledger, or in the day book—at the stock a king 31st December, there was A deficiency.
Cross-examined. The defendant's hours were from 9:30 till 6—durning that time he was in the warehouse acting as bookkeeper, and selling to customer he could do what he liked out of office hours—it was not His duty to sell for the Company in the night time, away from the warehouse—I had not heard Mrs. Hunter's name before—I knew he was using his time for his own benefit selling cigars and to back and there was no prohibition against his selling the Company's tea—we have 100 agents in London, and he could buy our tea with our label in from any of them—he had not a shop of his own.
Re-examined On 29th April I received a communication from Mrs. Hunter, and went to her shop and had an interview with her—I had dismissed the prisoner on 10th March but for no fault—I was present when he was apprehended on 7th or 8th May—the officer told him that it was for stealing the Company's goods—he turned to me and I said. "Do you know Mrs. Hunter?"—she said "yes"—I said "where did you get the tea that you supplied Mrs. Hunter with?—I said I got it from a third party"—I said "Give me the name of the third party"—he said "I can't, I shall get that third party into trouble if I do"—I said, "If you give the name of that third party, you are probably innocent of this charge, if you got it from him"—he said "I won't give the name," but going to the station, he said. "The name of the person I got the tea from is Johns and Co."—I said "why, the tea Johns and Co. have had is not enough to cover the tea you have given to Mrs. Hunter alone"—he said "Well, I have only had 1lb of tea from John and Co., and the rest of the tea I got from ready money purchases.
By MR. METCALFE. I have not seen any of the tea alleged to have been sold to Mrs. Hunter—when the prisoner was arrested he said first "It is not your tea"—I said "Do you mean to say that this is not tea of the Company in packets?"—he said "No, I don't mean to say it is not the
tea of the Company, but I got it from a third party, not from you direct"—I don't know whether Mrs. Hunter applied direct to the Company in consequence of his telling her to do—I charged him with selling tea to her without accounting for it.
JANE HUNTER . I am single, and am a tobacconist at 61, Dortmund street, Euston Square—on 14th October at 8or 9p.m., the prisoner came and sold me 21/2 lbs. of tea at 1s. 8d. per lb., for which I paid him 4s. 2d. perhaps a week after; on 18th October, 3 lbs, at 1s. 8d., for which I paid him 5s. a week or a fortnight afterwards—I always paid him within a month—I had had when I bought the next—on 31st October he sold me 3 lbs. more for which I paid him 5s. when I had the next transaction with him, that was November 16th—he brought the tea in a brown paper parcel without any mark on it, and sometimes in a black bag—the packets had labels like this. ("Ceylon Tea Growers company.") stating that the Company was registers 1st Somerset House—he told me he was in the service of the Ceylon Tea Growers Company—I always understood that he had the tea from them, and that if he did not pay for it on bringing it away from the premises it was deducted from his money—I always understood that he sold it for himself, because he said he had been taking his money in that way—I last saw him the last week in April, when he said that he had thrown up his situation—I said "How am I to get tea now; my customers will not like it on Saturdays, when they come and find I have no tea? And asked him where I should write to—he said that I could not get any under 20 lbs. weight and references would be required.
Cross-examined. He did not tell me to go straight to the company—he said that Mr. Turner would supply me—he is a witness in this case—in each case the prisoner supplied me with tea between 8 and 9in the evening tea was the only thing I had from him, but I know—he had cigarette papers, and pipes, and cigars—I thought I was dealing with him for his own benefit.
MR. METCALFE Submitted that it was not proved where the prisoner obtained the tea from, us it could be bought from any of the Company's agents; but even if he stole it from the Company that would be a larceny of the tea, not an embezzlement of the money. The COURT left the question to the Jury. NOT GUILTY .
MR. HEDDON offered no evidence.
NOT GUILTY .
584. WILLIAM EDEN NATION (20) JAMES LLEWELLYN THOMAS (25) Unlawfully obtaining from Robert John Brooks a pair of boots and other articles by false pretences. Other Counts, for obtaining other articles from Kenneth MacDonald. THOMAS PLEADED GUILTY to the two first Count.
MR. A. F. GILL Prosecuted; MR. HENDON defended Thomas
Critchley, to make some clothes"—I said "Yes what can I show you?"—he said "I want a driving coat," and he ordered one—Nation said he would also have one, and gave his name as W. Biden, 13, Kennington Park Road—Thomas gave his name as I. Hamiltom, of Green Hall, Yorkshire—the clothes were to be sent to 13, Kennington she prisoners came to try on the coast, and gave another order—the whole amount between them came to 36l. odd—I was induced to part with the goods by the good recommendation which they brought, and I looked in the Directory, and found the name of Biden at that address—and we wrote to Mr. Critchley—we have not been paid—I got one overcoat back from Thomas at the police-court.
Cross-examined by Nation. You did not say that you came from Mr. Critchely, but as you came with Thomas I believed you to he respectable—I went to 13, Kennington Park Road—I did not see you there, and I said to the servant that if you did not pay your bill there would be a warrant out for you.
WILLIAM MAXWELL BIDEN . I am in the India Office, and live at 8s. Uxbridge Road—my mother lived at 13, Kennington Park—Road, up to March, 1887, when the house was left empty—I handed the keys to the landlord's clerk—I afterwards understood that Nation's mother was tenant of he house, as she used to bring letters from there to my mother.
WILLIAM FAULKNER I am a bootmaker, of 52, South Melton Street—on 14th December the prisoners came there—Thomas gave the name of Hughes, and said that he required some boots—I took his measurement—while I was doing so Nation asked me whether I knew Mr. Sedgewell—I said "Yes"—these papers (produced) are what I took the measurements with, and I asked the prisoners to write of my customers—Nation gave his address "William Eden Nation, Bertie House, Leamington; Hughes gave his address "Green Castle, Carmarthen"—Hughes ordered a pair of patent-leather boots, and pair of court shoes, and when I had done measuring him, Nation said that I might as well take his measure also, and make him a pair of boots and a pair of court shoes—I was to send the goods to 14, Duke Street, St, James's—the value was about 6l. 8s.—the riding boots were only partly made, and not gone on with—I afterwards went to 33, Morning ton Crescent, and saw Hughes or Thomas, and I waited there till Nation came down—I demanded the money or the goods, and Nation said I need not make such a fuse about it; he should have some money at the beginning of the year—they both said that, and that I should be paid—I told them their addresses were false, and that I had made inquiries—Nation said that he lived in the road near Bertie House, and Thomas said that his father farmed 1,000 acres, near Green Castle—I have never been paid, nor ever received the goods back—I saw Thomas write this "Give bearer patent boots, and obliges"—I parted with the goods on the strength of the good address, oblige"—I parted with the goods on the strength of the good address, and I made inquiries and could not find anything against them, and they mentioned the name of a customer.
Cross-examined by Nation I will not swear that you mentioned me. Sedgewell's name but one of you did when I came to your house—I did not say that I had a man downstairs waiting for you, who knew all
about you—I had young woman there from whom you had obtained certain things.
KENNETH MACDONALD . I live at 5, Arundel Street, Haymarket, and let apartments—on 30th December a man, whom I belive to be the prisoner Thomas, tool lodgings with me—he did not give any name but I afterwards knew him as Thomas—he had no beard the—this is a photograph of my ledger, the one on the left-hand side. (This was a photograph of both the prisoners.) He stopped with me a week—I did not identify him at first, as he has a beard now—on 6th January he asked me to cash this cheque for 8l., and I gave him 8l. in gold. (Read: "London and Westminster Bank. Pay J. Macdonald, Esq., 8l. L.J.L. Thomas.") Endorsed "No account"—it was subsequently returned to me—I never got the 8l.
Cross-examined. I did not swear to Thomas at the police-court, but I aware to the photograph as being that of the man who was at my house—I can wear to Thomas now, because of his forehead any eyes, and he has got some beard cut off here—his forehead and eyes seem to have altered since he was at the police-court.
JESSIE EASTWELL . I am the wife of William Arthur Eastwell, of 20 Eleanor Road, Windsor—I was servant to Mr. Macdonald, at 5, Arundel Street, on 30th December, when Thomas came there—I did not see him every day during the week he was there, but I did frequently—I did not go to the police-station and pick him out from a number of men.
Cross-examined. I saw him every day he was there, but he did not sleep there every day—I took up his breakfast—he was clean shaved—he was placed with several others at the station, but I did not look at them; they looked like working men.
Re-examined. He looked like this photograph.
FREDERICK MILLER . I am paying cashier at the London and Westminster Bank, Lothbury branch—the drawer of this cheque has no account there—it passed through out bank, and was returned marked "No account"—it was originally issued to Mr. Bassett, a butcher, of Woolwich, whose account has been closed some time.
JAMES BASSETT . I live at 322, Old Kent Road—in 1873 I banked with the London and Westminster Bank, and received a cheque-book from them, with cheques similar to this—I cannot tell whether this was taken but of my book, because I cannot remember the number—I had a book in 1873 from which I used about 25 cheques, and about 25 were left in it—I mislaid it, and do not know what became of it.
Cross-examined. It is an ordinary running hand—it is very good writing—I can trace letters; the "l's "particularly.
JAMES BAUM (Detective Sergeant, Leamington). I was present when this photograph was taken at Leamington on 25th January—it represents the two prisoners—on 25th April I saw Thomas at the Leamington the Police-station—he asked me if I would send a telegram for him—I gave him a piece of paper, and he wrote this telegram (produced)—I had not told him the charge—I had not mentioned the name of William Macdonald then.
Cross-examined. No other prisoners where having their photographs taken at the time—I had the proof which was taken.
WILLIAM COUSINS (Detective Sergeant C). On 24th April I saw Thomas at Warwick—I said "I am a police officer in London; I believe your name is Thomas or Thornton"—he said "Yes"—I said "I have a warrant for your arrest, which I will read"—I read it to him—it charged him with obtaining 8l.from Mr. Macdonald by false pretences—I took him to Leamington, and then to London—on the way he said "I was at Macdonald's; is that all the charge you have against me?"—I said "Well, we have several more complaints about your and your friend"—I found on him at the station two pawn-tickets and a counterfoil of a cheque book, but it does not relate to this cheque.
JAMES HOLDER (Detective Officer C). I took Nation at Warwick on 24th April—I asked him if his name was Nation—he said "Yes"—I told him I held a warrant for his arrest—he said "Have you any other warrant for me?"—I said "No"—I told him to Leamington, and then to London—he said on the rod there "I remember dindug at Catney's but I did not give the cheque.
The Prisoners' Statements before the Magistrate. Thomas says:"I did not get the goods with the intention of swindling. I really meant paying form them when I was in a position to do so, which offer Mr. Faullener accepted at Mornington Crescent "Nation says: "At Mornington Crescent Mr. Faulkner agreed to regard it as a debt, at the same time saying he should like me to pay him as quickly as possible."
Nation repeated that same statement in his defence.
NATION— GUILTY .
THOMAS—GUILTY on the Third Count also— Eighteen Months' Hard Labour each. There were two other indictments against Nation.
MR. A. F. GILL Prosecuted: MR. MUIR Defended.
MARGARET PARCELY . I am a widow, of Horton Villes,✗ South Barnet—on 15th May, about 8 a.m., I left my house fastened up—I was sent for about 4 o'clock, and found the kitchen window wide open and a pane of glass broken—I went upstairs, and found my drawers ransacked—I missed a frock-coat and a shirt, which I have identified, and some ribbons and buttons and a jet chain belonging to my daughter, which were safe that morning—these skeins of cotton (produced) were on the window-ledge when I went home—I do not know whose they are.
Cross-examined. I missed nothing but what is before me—the coat was in a drawer; this handkerchief was a small box n a cupboard—my daughter's name Elizabeth Parsley, and these things of here were entrusted to my care—the ribbon is mine; the coat is my husband's.
REGINALD REED . I am assistants to Mr. Payne, a pawnbroker, of Barnet—on 15th May, about 5.3, this shirt was pawned at my shop for a shilling, by the prisoner, I believe—I said that he had light beard, but I have learned since that his beard was dark—he was an old man
with a bead; he was like the prisoner—he gave his address at the Green Dragon.
THOMAS MARTIN (Police Sergeant S 59). On the 15th May, I went to Mrs. Parsley's house about 6 o'clock, and found the window broken—I went to two or three houses, and eventually to the Green Dragon, where I saw the prisoner sitting—I said "What do you do for a living?"—he said "Hawk needles"—I said "What do you do for a living?"—he said "Hawk needles"—I said "Where is your stock?"—he said "I have sold it"—I said "Have you sold any cotton?"—he said. "No, only a few needles"—I told him I should take him into custody on suspicion of breaking into a house and stealing some things that afternoon—he said "If that is all it is, I am a innocent as a child"—he was wearing this frock-coat under another coat—I asked him where he got it—he said "From Greenwich last pension-day, for half-a-crown"—he pulled it off at the station, and in a pocket of it I found these two pieces of jet chain, a piece of ribbon, and this handkerchief, which have been identified, and in the pocket of his overcoat were these two skeins of cotton—I placed him with other men, and Mrs. Easton identified him.
Cross-examined. I understand the prisoner is 72 years of age—I did not find a hawker's license on him—I know nothing against him—I spoke to him about the cotton at the public-houses, and I said so before the Magistrate—I did not notice when my deposition was read over that it is omitted—this handkerchief was in the breast-pocket of his overcoat.
The prisoner in his statement before the Magistrate said that he gave another man 2s. 6d. and a coat for this coat, and these things were in the pocket.
GUILTY . — Six Months' Hard Labour.
Before Mr. Justice Stephen.
MR. GRIFFITHS Prosecuted; MR. FOOKS defended Coote; MR. GRUBBE
MARY LANCASTER . I did live at 8, Stepney Terrace, Stratford—on the afternoon of 28th April, I was in the Boar's Head public-house, Little Queen Street, Stratford—I there saw the two prisoners and Marjoran, and a man named Howard—I heard some high words between Marjoran and Lock—I saw Marjoran go outside first; he came round into the same compartment where I was, and then went out—the prisoners followed him—I saw them driving down Queen Street, Stratford—I there saw the two prisoners and Marjoran and a man named Howard—I heard some high words between Marjoran and Lock—I saw Marjoran go outside first; he came round into the same compartment where I was, and then went out—the prisoners followed him—I saw them driving down Queen Street, and I then saw the four men together, and a man named Buck—I saw Buck go in between them, and Lock hit Buck in his eye and knocked him on his knees—Lock had his coat on, Coote had his off—I saw Coote up with his fist and knock Marjoran a severe blow in the mouth, which knocked him on the kerb, and his head came in contact with the kerb—Coote picked up his coat and walked away—Lock went into the Boar's Head again, leaving Marjoran lying on the ground.
Cross-examined by MR. GRUBBE. I did not see Lock strike Marjoran.
Cross-examined by MR. FOOKS. I only saw one blow; I was about ten yards off—it was a blow I saw, not a push.
HENRY BUCK . I live at 14, Edith Road, Stratford—on the afternoon of 28th April, about 20 minutes to 2, I was in the Boar's Head—I saw there Marjoran, Howard, Lock, and Coote—I heard Howard say something to Lock about half a sovereign. I could not tell the words—I went into the next compartment where Marjoran was, and when I came back I saw Marjoran going out—I followed him; I saw Coote standing against the front door, and Lock and Marjoran were standing talking together—I saw Lock knock Marjoran down on the floor—I went to pick him up, and he hit me in the eye and I fell—I then went back into the house and I saw no more—Coote was at the corner at the time, about 15 yards away—he said to me "Where are you going?"—I said "To see fair play"—he said "Don't have nothing to do with it"—I thought there was going to be a bit of a bother, seeing the two men together. Cross-examined by MR. GRUBBE. I did not see the finish of it—I did not see Coote push or strike Marjoran, I saw Lock strike him—Marjoran was sober. THOMAS SERLE. I live at 56, Henneker Road, Stratford—on this afternoon I was near the Boar's Head—I saw Marjoran, Lock, and Buck come out of there; as they came out Buck seemed to me as if he was leading Marjoran home—they stopped a few yards from the beershop, and Lock took off his coat and went to fight Marjoran—Buck got in between them, and he caught the blow—it knocked him on his knees, and he then went away—Coote came from the corner, pulled off his coat and put it on the ground—Marjoran was standing in the middle of the path, and Coote hit him in the mouth and knocked him backwards, and his head came on the kerb; it sounded a very heavy fall—Coote then put on his coat and walked away, as brave as if he had done wonders—Lock was standing near them at the time—I think they both had their coats off—Marjoran did not raise his hands in a fighting attitude, he laid on the ground three or four minutes, and then four men came and took him indoors.
Cross-examined by MR. GRUBBE. I saw everything from the time they came out of the house—I did not see Lock strike him at all. Cross-examined by MR. FOOKS. The blow I saw was more than a push—it was a deliberate hit in the mouth, not in the chest—Marjoran looked as if he had had a little drop—he was a little in drink—as he fell the back of his head touched the pavement.
WILLIAM LYE . I live at 26, Maryland Street, Stratford—on the afternoon of 28th April, I was passing the Boar's Head—I there saw the deceased, the prisoner, and Buck—the deceased and Buck came from the Boar's Head, Luck followed behind them, and about 15 yards from the house overtook him—they had a few words which I could not hear—the prisoners took off their coats; Marjoran did not—Coote pulled Marjoran out of Buck's hands, and the back of his head went against the wall, and then Coote struck him—I could not say exactly where the first time, but he struck him in the chest, and then he fell on the path—he struck him more than once—Lock then struck Buck, who walked away, and Lock also, towards the beerhouse; Coote picked up the deceased, and tried to put him on his feet, but he could not stand,
and he let him slide down by the side of the gutter, and walked away—it was the blow in the chest that knocked him down.
Cross-examined by MR. GRUBBE. I saw everything that happened after they came out of the public-house—Marjoran and Buck came out first, and the prisoners followed—Lock did not strike him at all, he was about three yards away when he fell.
Cross-examined by MR. FOOKS. The blow that knocked him down was not in the eye or mouth, it was in the chest—the deceased never put up his hands to strike, he was too drunk, there was a scrimmage between Coote and Marjoran; they were shoving him about.
WALTER JAMES BLAND . I live at 34, Queen Street, Stratford—on this afternoon I saw Marjoran and the prisoners come out of the Boar's Head, they were quarrelling; Coote took off his coat—Buck went and stood between them, as if to part them, and Lock came and struck Buck and sent him against the wall—Coote then struck Marjoran in the mouth, and knocked him down on the pavement, and his head came in contact with the kerb—Coote then put on his coat and walked away, and Lock followed him into the Boar's Head.
Cross-examined by MR. FOOKS. I did not know the men—I was standing at my door, about 25 yards away—Lock shoved Buck away, he went on his knees, and then Lock struck him again.
JAMES REGAN . I live at Stratford—I saw Marjoran lying on the ground with his head on the kerb, his mouth was open and full of blood, he was insensible—I assisted to carry him home—we laid him down in the kitchen—I stayed with him till half-past 4—the doctor was sent for next morning—he did not become conscious while I was there.
JAMES ROBINS . I am a graduate of Edinburgh—on Sunday morning, the 29th, I was called in to examine the deceased; he was perfectly unconscious, in a state of deep coma, he died about half-past 8 on Sunday evening—I examined his mouth; I could see no mark of a blow—I found no outward appearance of any injury—I made a post-mortem examination; all the organs were perfectly healthy, there was a fracture at the back of the skull on the left side, about five inches in extent, and a large clot of blood pressing on the brain, which was the cause of death—a blow from a fist would cause blood in the mouth if it cut the gum or lips—I found no sign or smell of drink, it was too many hours afterwards.
Cross-examined by MR. FOOKS. If a blow had been given in the mouth sufficient to knock him down, I should have expected to find some external mark, his teeth were perfectly sound; a severe blow would have loosened them—a fall might have caused the injury to the back of the head—he was a very heavy man.
JOHN LLOYD (Detective Sergeant K). I arrested Lock about 8.20 on Sunday night, the 29th—I told him the charge—he said "It's a bad job; I own I was there; I was not the man that struck him down"—at the station he made the same statement, and said "You see I have been knocked about, look at my bruises"—he had a black eye and a bruise on his forehead.
Cross-examined by MR. GRUBBE. I knew the deceased and the prisoners—they were all workmates in the Great Eastern railway Company's employ in the boilermakers' yard several years. FRANK POWELL (Policeman K 589). I apprehended Coote—I said "I
suppose you know the charge"—he said "Yes, I did not strike him; I only pushed him"—I cautioned him in the usual way—he said "Well, I would like to make a statement"—I said "You had better wait till you get to the station"—he said "Go quietly, not to have a mob"—I said "Certainly"—on the way he said "I am very sorry I went away, but I was so upset I did not know what I was doing"—he did seem very sorry at the death of the man.
———ROOKEM (Police Inspector). Coote was brought to the station—he was anxious to make a statement—after cautioning him I took it down, read it over to him, and he signed it; this is it. (This stated that words occurred in the public-house, and when they went out Lock shoved the deceased, and he fell, being drunk).
NOT GUILTY .
Before Mr. Recorder.
MR. FULTON Prosectued;,MR. KEITH FRITH Defended.
ELOISA HOPE . I am a widow, and live at 8, Frederick Terrace, Frederick Road, Canning Town—I kept a grocer's shop—on Sunday, 29th April, I went to bed about half-past 9—the windows were closed—about 20 minutes to 10 I heard a knock at the front door and a window break—I came down, and examined the door and the parlour window—they were quite safe, and I returned to bed—about five minutes afterwards I heard a window break a second time—I sprang out of bed, and heard some one in the wash-house and at the foot of the stairs—I said "Who's there?"—a person answered "Nobody"—I looked over the staircase, and saw a bright light—I said "What do you want; what are you doing?"—he said "Nothing"—I said "Stand back, stand still"—immediately the staircase window was slammed with a vengeance—I threw open my bedroom window and screamed, and by the time he got to the wall to escape people were waiting for him—I did not see the prisoner till I saw him in custody, and then I recognized him as having employed him to paper and decorate my house three weeks previously—he was three days on the premises doing that work.
JAMES COOMBES . I am a constable in the employ of the London and St. Katharine Dock Company, and live next door to Mrs. Hope—on Sunday night, 29th April, I heard a breaking of glass—I went out into my back yard, and heard Mrs. Hope scream—somebody brought me a lantern, and my wife brought me my bull's eye—I jumped over into Mrs. Hope's yard, and saw the prisoner in the act of getting out of her washhouse window—as I showed my bull's-eye upon him he retired into the kitchen, and tried to unfasten the door to get out—I said "Come out his way, old fellow"—he said "It's all up, I can't find the bolt"—I said "Come out the same way you went in, as I am waiting for you"—he did so—I showed him a light with my bull's eye—he got partly out, and I helped him out, and detained him till a constable arrived—he was sober.
Cross-examined. He may have been drinking; he was not drunk.
of the last witness—I said "How do you account for being here?"—he said "I don't know; I don't know what made me come here; I am sure the devil must have got hold of me"—somebody opened the side gate, and the prisoner directly made a rush—I said "Don't be in a hurry"—he said "If you don't let me go I will break your b—head off"—I took him to the station—when charged he said "Do you charged with me with intent to steal therein I have got my own defence for that"—he was sober.
Cross-examined. I had told him he would be charged with breaking and entering a dwelling-house with intent to steal therein—I have made inquiries about him—I have heard that he has been an honest, respectable working-man up to the time of this charge—I have heard that he has been drinking heavily for some time past.
JOHN CONCANNON (Police Inspector K). I examined the prosecutrix's premises—I found two panes of glass broken in the wash-house window, and a quantity of glass inside—by putting a nail through the window it could be easily unfastened—I examined the prisoner's right hand, and found blood on it and two cuts—I asked him how he came by those—he said he did not know—he was sober—I found no housebreaking instruments upon him.
The Prisoner's Statement before the Magistrate. "I was drunk and scarcely recollect anything about it."
He received a good character.
NOT GUILTY .
Before Mr. Common Serjeant
589. WILLIAM RAYNER (27) PLEADED GUILTY to forging and uttering three requests for the delivery of sweetmeats, and to forging and uttering a request for the deliver of biscuits.— Fifteen Months' Hard Labour.
Before Robert Malcolm Kerr, Esq.
MR. RODGER Prosecuted.
JAMES GOLDING . I live at 4, Albert Terrace, Prince Regent's Lane, and am a labourer—on 19th May, between 6 and 7, I met the prisoner at the Prince of Wales public-house at the end of Prince Regent's Lane—he paid for a pot of ale for me and my friend, but I had none to drink with him—he came home with me; I did not ask him—he went into my parlour and sat on the sofa—I went into the yard and took off my coat, and finally I remember sitting down in an armchair and I went asleep, and the first thing that awakened me was falling on the floor knocking down the table, and I believe with a blow from the poker—nobody else was there but the prisoner—I was talking to him previous to his lying down and going asleep—I did not see him previous to the blow—I got the blow and that is all I remember—he was the only person I saw about the place.
Cross-examined by the Prisoner. The missus was away on the market and the boy and girl; nobody was there—I opened the door with a key—you took a sixpence out of my pocket.
prisoner lying on the sofa asleep, and I saw my father in the back yard—I went out round the Barking Road and came home about half past ten and saw the prisoner lying against the front room door with a chair under his head—I went into the back room, struck a match, and saw my father all bleeding—I went out to find my mother, but could not, then she came back and I went for a policeman; when he came the prisoner was smoking against the fire in the back room—a doctor came—there was no other person in the house except the prisoner, my father, and myself.
JAMES DANIEL BOSS . I am a surgeon at 13, Balham Street—on 20th May I was called to James Golding's house—I found him sitting in a chair with Dicker attending to him—he had three scalp wounds—I dressed them and ordered him to be taken to bed to see if he had further injuries—his face was badly contused, and he had a fractured rib on the right side—the injuries might have been caused by a poker—I do not think they could have been caused by a fall.
WILLIAM NEILSON (Policeman KR 40). On 19th May at half-past 11 I was called to 4, Albert Terrace—I saw the prisoner in the back room, and also the prosecutor, who was sitting in a chair bleeding very much—I asked the prisoner what he knew about it—he said "Find out"—just afterwards Sergeant Dicker came in and examined the man, and told me to take him to the station—the prosecutor said he knew who had done it, a friend of his, but he would not charge him—I took the prisoner to the station—on the road the prisoner said "We have been drinking together all the afternoon, and if I wished to have paid him I could have done so down at the public-house"—he further added "If I did it I know nothing of it."
FREDERICK DICKIE (Police Sergeant). On 19th May, at half-past 11 at night, I found Neilson and the prisoner, and the prosecutor, who sat on a chair apparently insensible—I spoke to him, but was unable to get an answer—I said to him "Do you know anything of this?"—he said "No"—I asked him to show me his hands, he did so; they were covered with blood—on his coat-sleeves were patches of blood—I said "How do you account for these?"—he said "I suppose I got it off him"—I examined the room and found three pools of blood on different parts of the floor and on the wainscot, and a large dent in the wall that corresponded with the end of this poker.
NOT GUILTY .
Before Mr. Recorder.
MR. WARBURTON Prosecuted.
JOHN PETTERTON . I am a fireman on the steamship Katie, in the Victoria Docks—on 16th May, soon after midnight, I was in Victoria Dock Road, going towards my ship, and the prisoner knocked me down; I got up and he knocked me down again, and I could not get up again because it was so hard a knock—he then put his hand in my pocket and took all the money I had; a shilling and some sixpences—he tried to get away, but the police stopped him.
FRANCIS CLASS (Policeman 573). I heard a cry of "Police!" and saw Petterton on the ground, and the prisoner standing over him rifling his pockets—Petterton was bleeding from his nose; the prisoner struck me, and said "Take that you, f—f—"—I then blew my whistle and Treadwell came—the prisoner was so violent going to the station that I had to strike him with my truncheon.
The Prisoner's Statement before the Magistrate."I am guilty of the crime; that will be putting an end to the matter. I have no witnesses." The Prisoner. No such thing, I said I was not guilty. I got too much to drink and fell down, and the policeman said "You will have to come with me. "Iwent, and he hit me across my head twice with his truncheon, and I did not know any more till I got to the station; 5s. 6d. was found on me, which was all my own.
GUILTY . **
He then PLEADED GUILTY to a conviction at this Court in April, 1886, of robbery with violence, when he was sentenced to Three Months' Hard Labour.— Eighteen Months' Hard Labour.
Before Mr. Recorder.
MR. TICKELL Prosecuted; MR. PURCELL Defended.
JAMES STIOGINS . I am a barrel buyer, and live at 4, Edward Place, Deptford—at half-past six on the evening of 3rd May I was in the Princess Royal, Regent Street, Deptford—Geal and six of us were there—the prisoner came in, when Geal, who had been playing dominoes, was just dosing off to sleep against the fire—the prisoner called my brother and went out—when he came in he sat down next to Geal, and put his hand into his pocket and pulled out bronze and silver, and put it into his own pocket—as he did so he dropped a shilling, picked it up and put it on the table, and said "Here is three pots of beer"—we said no, we would have nothing to do with it—he then left the house—we after-wards woke Geal up and spoke to him, and gave him the shilling, which was lying on the table for him—we did not stop the prisoner because we were frightened we might get knocked down—I knew him; he has been about Deptford all his life; he is a fighting man or something—I saw silver and bronze in his hand when he took it from the pocket.
Cross-examined. I had been in the house about a quarter of an hour before the prisoner came in—the other men had been in all the afternoon as far as I know—I knew the prisoner's name—there is no police-station near the Princess Royal; Lower Road and Blackheath are the nearest—the prisoner put his hand in the prosecutor's right-hand trousers pocket—he was sitting on the prosecutor's right side—I was on his other side—Robert Sitting is my brother—the other lads were playing dominoes sitting round the table in front of the fire—I said nothing to the Magistrate about the prisoner dropping a shilling, and saying "There are three pots of beer for you"—I did not hear the prisoner ask my brother to lend him money; he went out to the back and asked him—I did not go for a policeman, nor did I go to the station—I had a bag, and went
for some chaff—I went to the station that night—when the prisoner was before the Magistrate he was allowed out on bail.
ROBERT STIGGINS . I am potman at the Princess Royal—on this evening, a little after 6 o'clock, I was looking at a game of dominoes being played in the bar—the prisoner came in and called me out to the back, and asked me to lend him a shilling—I said I had not got one—we returned to the room—Geal was sitting in the corner asleep—the prisoner went and sat at the right side of him, about 11/2 or 2 feet away—I afterwards saw him with some money in his hand—I did not see where he got it—before I saw it in his hand I heard the link of the money—he put the money in his pocket and left the house—I did not see him take it or I should have stopped him—he chucked a shilling on the table, and said "There is a shilling to get some beer with"—that shilling was afterwards given to the prosecutor.
Cross-examined. I was twice before the Magistrate the first time the next morning—I said nothing then about the prisoner asking me to lend him a shilling, but the next morning I did—I am certain the prisoner sat on the prosecutor's right-hand side—I was sitting in a chair about 7 or 8 feet from Geal—I think I told the Magistrate the second time that the prisoner offered a shilling, and said "Here is a pot of beer"—I did not near my brother tell that to the Magistrate—I should not like to swear I mentioned it before the Magistrate at all.
ADOLPHUS GEAL . I am a general dealer, living at Baildon Street, New Gross—on 3rd May, about 4 o'clock, I went into the Princess Royal and stopped there some time—I was a little elevated, not intoxicated—I had a drop or two of beer—I went to sleep on account of the smoke from the fire—I had money in my pocket—the potman woke me up and told me something, in consequence of which I communicated with the police—I lost 19s. 7d.—I had 3d. left in another pocket.
Cross-examined. I had come to this public-house from the Tiger's Head at Lee, where I had been for an hour or an hour and a half loading up old iron—I had drink there—I had not been in any public-house before that—I did not say before "I got drunk and went to sleep in the corner"—if I went to sleep I was not drunk—I did not say "I cannot say if I lost any money."
Re-examined. When I woke up I found I had lost 1l. all but 5d.
EDWARD BROWN . I am a labourer, of 56, Pipping Street, Deptford—after 6 o'clock on 3rd May I was in the Princess Royal—I saw the prosecutor fall asleep, and the prisoner sat down about two feet from him on the right hand side—afterwards I saw the prisoner with bronze and silver in his hand—he put them into his own pocket.
Cross-examined. He was holding them quite openly in his hand, and he put them into his pocket quite openly, so that anybody could see the silver and bronze coins.
JOHN MITCHELL . I was at the Princess Royal on this day about 20 minutes or a quarter past 5—I was there two or three hours—I saw Geal asleep—I saw the prisoner come in and go out to the back—he came in again; I did not see what he did; I was interested in a game of dominoes—I afterwards saw the prisoner chuck down a shilling on
the table, and he asked me to get some beer with it—I did not; I returned the shilling to the prosecutor.
CHARLES HANKINSON (Policeman R R 42). On the evening of 3rd May I saw the prisoner with another man in Deptford Broadway—I had received information about him, and took him into custody—I told him I should do so for stealing money of Adolphus Geal—he said "It is a f——g lie; I know nothing about it"—he requested me to leave go of him on the way to the station—I would not do so—at the station when charged he said "I went into the house to see about a pair of boxing gloves, as I am going to train a man for Thompson's benefit; I never touched the money"—the prisoner resisted going to the station till another constable came to my assistance—we found 5s. silver and 7 1/2 d. bronze on him.
Cross-examined. I apprehended him between 6 and 7—I did not know then what he was charged with stealing—he was not charged with stealing 5s. 6d., but 19s. 7d.—the prosecutor mentioned that figure at the station.
Re-examined. On 3rd May he mentioned that when he gave information.
NOT GUILTY .
FREDERICK HEATH . I am a gardener in the employ of William Piper New—on 2nd May, at a quarter to 10 p.m., I went to the stable—I found the door, which I had left looked at a quarter to 6, forced open, and I missed a set of harness, worth 4l.—I subsequently found the prisoner and another man in Brockley Road, about a quarter of a mile from the stable, with the harness—I called the police, and he stopped the prisoner.
CHARLES GOSSETT . I am 11 years old, and live at 85, Hatcham Park Road—on 2nd May, about a quarter to 10 in the evening, I saw the prisoner and another man loitering by a wall close to Mr. Neve's stable—they opened the door and went in—they afterwards came out, and went down Brockley Street with some harness.
JOSEPH BINKS (Policeman R 241). I took the prisoner into custody—he said a man had promised him 2s. to carry the harness for him—he was with another man—when they saw me they threw the harness down and ran in different directions—I chased the prisoner through several streets—they both had the harness.
GUILTY . — Four Months' Hard Labour.
CHARLES SPEIGHT . I am manager to Elizabeth Urry, a pawnbroker, of Blackheath Hill, Greenwich—on Saturday night, 24th March, I left the shop shut up about 12.20—I do not live there—I was brought back about 1.15, and found a shutter down and a large pane of glass broken—I missed 26 watches and other articles, value 45l.—these (produced) are some of them.
other women—I remained there, and about 8 o'clock Tullett entered the shop without his coat, and I saw Pope looking through the shop window—Tullett saw me and left hurriedly—they went in opposite directions—I was standing behind a partition, and heard Tullett say "Is Mr. Purdie in?"—the woman said "No, but Mrs. Purdie is"—he said "Never mind about Mrs. Purdie; I want to see Mr. Purdie"—Mrs. Purdie said "He has gone to his club; he will be back in a minute"—I got the shop door closed, and then went into the shop, and asked Tullett and Pope to step into the shop parlour—I then closed the door and stood against it—Mrs. Purdie was inside—she pointed to Pope and said "You are the one who sold the things to my husband"—Pope said "What, me?"—she said "Yes, you, and the one with you"—that was Tullett, who made no reply—Pope said "You are not going to stop me; come away from that door, or I will murder you"—there was a struggle, and he attempted to put his right hand into his right trousers pocket—I seized him—a violent struggle ensued, and I received several blows—I took Tullett in custody—Sergeants How and Wright arrived after the struggle—going to the station Tullett said "I shall get five years for this; I know what you have got me for, that job at Greenwich, and I have got a wife and two children at home starving"—he struggled and struck me several times, but with assistance he was secured.
Cross-examined by Pope. I took you by your throat in the struggle, but not before—I did not hit you on each side of your face, or hammer your head against a door.
Cross-examined by Tullett. You asked for Mr. Purdie. I was never up-stairs.
THOMAS FRANCIS (Police Sergeant R). On 25th March about 1.30 I was called to this shop—I examined it, and on the 27th I went with another constable to Mr. Purdie's, 1, Wellington Street, Deptford, a secondhand clothes shop. I saw his wife and went up to a bedroom, where I found on a table portions of watches broken up, which have been identified—the insides of the watches have been taken out, they have been identified—I found a quantity of other things broken up—I found this watch (produced), and another on the table and some tools; pincers, three bradawls, a screwdriver, some watch glasses, two bottles for testing jewelery, and this machine for weighing gold; I went back at 8.30 and found the shop closed, I looked in and saw Divall struggling with Pope. Tullet saw me and sat down, Mrs. Purdie pointed to Pope and said "That is the man who brought the watches to my husband"—I told them they would have to go to the station; Howell took Pope and Divall took Tullet, who struck Divall, I took hold of him—he said "I know what you want me for, it is for the Greenwich job, why don't you take the right man?"—at the station Tullet said to me "On Sunday afternoon I was lying on the bed, and two chaps came and knocked at the door, and asked me if I could fence some watches for them," that means sell them. "I said 'No, that is not in my line;' they went away, I went in and had my tea.
Cross-examined by Purdie. I have known you 15 years as a dealer, you attend sales and buy clothing, I cannot say that you have bought watches—I found the watch on your table broken up, anyone who went there could see it.
Cross-examined by Pope. Divall was not pummeling your head against
the door when I came into the shop—Mrs. Purdie said you were the man who fetched the watches in, or I should not have taken you to the station.
Cross-examined by Tullet. The woman did not come and give evidence, because her husband was in custody—you were convicted two years ago here of stealing money from a public-house—you were not proved innocent—I also had you for stealing a purse, but you were not identified.
HENRY HEWELL (Police Sergeant R). On 26th March I went with Francis to Purdie's house and stayed till he came in at 4.30—I said "I am a police officer, there has been a quantity of stolen watches found in your bedroom, part of the proceeds of a burglary committed at a pawnbroker's on Black heath Hill on Saturday night"—I took down what he said—he said "Well, it is no use my telling you a lie, I bought the watches on a Sunday of two men, I don't know their names, but I think I should know them again—it was about 3 o'clock when one of the men came to my house and asked me if I would buy some watches; I said 'They are very unsaleable just now, but if I can buy them worth my money I will do so '—he went away and returned in two hours with another man—I told them I would give them 4l. for the lot, there were nine I think, they did not leave them then, but went away and returned two hours after with the watches, and I gave them 4l. 10s. for them. I should not have given so much if I had thought they were not well worth the money"—I said "You will be charged with stealing and receiving them," he said "I did not steal them, I bought them"—I took him to the station, the charge was read over to him, he made no reply—at 8.30 I returned to the house and saw the prisoner struggling with Divall; Mrs. Purdie pointed to Pope and said "That is the man who brought the watches here, and that other one was with him"—I said "Have you any doubt about it?"—she said "Not at all, they are the two men"—I said to Pope "You will be charged with stealing a quantity of jewelery at a pawn-shop in Blackheath Road"—he made no reply, but at the station when he was charged he said "When?"Isaid "On Saturday night"—he said "I can prove I was at Greenwich, the Magistrate can prove that"—he then looked at Tullett and said "I am going to make a clean breast of this and tell the truth, about 4.30 on Sunday afternoon three men came to my house and called me out of bed, they showed me some watches and wanted me and Tullett to go and fence them; they were in a white pocket handkerchief; I put them in my pocket and some time after I handed them back to one of the men, and said 'I shall not carry them, carry them yourself; he put them into his pocket, and I do not know what he done with them; I have not seen them since"—they were then charged, they made no reply.
Cross-examined by Pope. You told me nothing but what I have read. You may have heard me say that I ran after Trater in Trafalgar Road—I did not come to your cell and say "What did you mention my running after Trater for?"
Cross-examined by Tullett. You did not say that a little boy came and called you, and wanted you to go on the river.
Tullett knock at Purdie's door immediately before he was looked up—some one opened the door, and he entered.
Cross-examined by Tullett. When I came to recognise you I did not say "Which is Tullett?" because I knew you by sight.
Purdie's Defence. I do not know how I came to do such a thing; I have been 40 years in one place, and never had a stain on my character. I gave the full value for the things; I should not have done it only they told me they bought them at a sale. They did not come to me whole; part of the works were taken away.
Pope, in his statement before the Magistrate and in his defence, said that he knew nothing of the robbery, and was in bed at the time, and that it was Fisher and Tranter who had the bundle, but he was not with them. He called
ELIZABETH POPE . I am Pope's mother, and live at 11, Upper East Street, Greenwich—on Sunday, 25th March, he went to bed soon after 1 a.m., and did not go out from that time up till close on 4 o'clock—he came in at 12.30.
Cross-examined. I do not know Mrs. Urry's shop—my house is a quarter or 20 minutes' walk from Blackheath Hill—I was in bed on the Sunday morning when he came home, but I got up and unlocked the door, and asked him the time—I only occupy two rooms; they open one out of the other, and I have to go through his room to mine—his room is nearer the door.
Tullett, in his statement before the Magistrate and in his defence, said that he was not found on the premises, nor was anything found in his possession, and that the names of the two men who committed the robbery had been mentioned.
PURDIE— NOT GUILTY .
POPE— GUILTY . *— Fifteen Months' Hard Labour.
TULLETT— GUILTY .
He then PLEADED GUILTY** to a conviction at this Court in December, 1882.— Seven Years' Penal Servitude.
The Grand Jury commended the police officers.
Before Mr. Common Serjeant.
MR. HEDDON Prosecuted: MR. LAWLESS Defended.
EMMA BUNSTON . I am the wife of Thomas Bunston, a jeweller, 53, Tranquil Vale, Blackheath—on 26th April, a little before 6 o'clock, I was in the shop; an assistant was sitting at work—the prisoner came in, and asked to look at the engagement rings—I went to the window and took some out; one large case and two small ones—I showed them to him, and among them the one that I afterwards missed—he chose one, and said that he wanted a case for it—I told him he could have one of the cases I was showing him—he said they would not do; it must be a plain one, as he should want the initials and date on it—I told him I had not one, but I could get him one—he said that would do, and I was to let him have it on Friday—he gave me the name of Oakley, Blenheim Lodge, Blackheath Park—I fetched a book from the desk at the back of the shop to take down the address; I had to turn my back to the counter to get it—he gave me three initials and the date to be engraved on the case—I wrote the name and address in the book on the counter; I closed the book and walked round the counter to open the door to let him out;
I then turned back to the counter to put the rings in the window again, and missed a Mizpah ring from the small case; it was one of the rings I had shown him, and he tried it on his little finger, and it would not quite fit—it was worth two guineas—as I let the prisoner out he made a few remarks about a dog that was lying on the mat—on missing the ring I spoke to my husband, and he and the assistant left the shop.
Cross-examined. The prisoner was in the shop three or four minutes—I showed him a good many rings, and as I showed them they were left on the counter—we only kept one Mizpah ring of that pattern; it had a diamond in it—the assistant was sitting at the other side of the shop at work.
THOMAS BUNSTON . I was in the room immediately behind the shop reading the paper—my wife spoke to me directly after the prisoner left—I looked about to be sure the ring had not been dropped; I then sent my assistant to Mr. Oakley's—I followed him, and when I got there I saw the prisoner in a railway carriage—I said to him "You have been up to Mr. Bunston's, I believe"—he said "Yes"—I asked him if he would get out with me, as there was a mistake; something was missing; the train was just upon starting—he said "I have an engagement to keep in town"—I said "You will have to keep mine first"—I told him there was a ring missing—he said "I will give you my name and address if you like"—I told him that was not good enough; he had given me one already—he said "Who did you send up to Mr. Oakley to inquire for?"—I said "Mr. Oakley"—he said "I did not tell Mrs. Bunston to send the ring to Mr. Oakley; I told her to send it to Mr. Forbes, care of Mr. Oakley"—we went on to New Cross, and there got out, and I took him to Blackheath Road Station—he there gave the name of At Thomas first, and then Henry Bertram Thomas—he had a third-class railway ticket, but was travelling first.
Cross-examined. He offered to be searched in the railway carriage—I said I was not privileged to do that; the police should do it—I have since heard that his people are highly respectable—no ring was found upon him.
THOMAS FRANCIS (Police Sergeant R). The prosecutor gave the prisoner in charge at Blackheath Road Station—he said "They have made a mistake; I never said my name was Oakley"—I said "What is your name?"—he said Forbes"—I said "Do you live at Blenheim Lodge?—he said "I am staying there with Mr. Oakley, a friend of mine"—I said "What is your own address?"—he said "Forbes Thomas, 3, Beresford Road, North"—I said "I will send a telegram there to ascertain if that is correct"—I was about to do so when he said "It is no use sending there; my name is Henry Bertram Thomas, and I live at No. 40, Beresford Road, Canonbury"—the telegram was sent, and an answer came—I fetched Mr. Oakley to the station—Mr. Oakley said in the prisoner's presence that he did not know anything about him; he had never seen him before to his knowledge—he asked the prisoner where he had seen him, and he replied "That is my business."
Cross-examined. I searched him; no ring was found on him—40, Beresford Road, Canonbury, was his correct address—I believe he is the son of very respectable people—his father's name is At Thomas.
do not know the prisoner—I never saw him till I was seat for, and saw him at the police-station—I did not authorize him to have the ring sent to my house.
GUILTY*. — Eight Months' Hard Labour.
MR. W.H. SANDS Prosecuted. WILLIAM GALE. I am assistant to my father, William Gale, a linen draper, of Church Street, Greenwich—on 24th April I had 24 yards of linen outside the shop—I saw it safe at 1.30 and missed it at 4.15—this is part of the roll and this is the other part (produced)—I have some ink marks on the first piece, and the second corresponds with it in width and material. JAMES SKEGGS. I am assistant to Richard Carpenter, a pawnbroker, of High Street, Deptford—the prisoner pledged this piece of linen on 24th April, about 6 o'clock, for 1s. 3d. in the name of Ann Evans, 7, Hyde Street, which is in the neighbourhood.
HENRY SLOWLY . I am Mr. Gale's assistant—on 24th April, about 3.55, I was outside the shop and saw the prisoner leaning against a roll of flannel, within half a yard of this piece of linen—I went in to get my overcoat, and when I came back the linen was gone, and no one was near. STANLEY PILBROOK. I am assistant to Mr. Osman, a pawnbroker, of 203, Church Street, Deptford—on 24th April, about 5 o'clock, the prisoner offered this calico in pledge—I refused to take it in—our Church Street is about 10 minutes' walk from Church Street, Greenwich.
GEORGE PALMER . I am assistant to Mr. Phillips, of 68, Wellington Street, Deptford—on 24th April, between 5 and 6 o'clock, I took in this second piece of calico from a woman who gave her name Ann Evans, 10, New Street—I do not recognize the prisoner—this is the ticket—the shop is about 10 minutes' walk from Church Street, Greenwich, and not one minute's walk from Church Street, Deptford.
WILLIAM MORGAN (Police Sergeant). I took the prisoner on the 25th at 5.15 p.m. on suspicion of stealing a roll of linen from outside Mr.Gale's shop in Church Street—she said "Me; I never stole it"—I said "You answer the description of the person who pawned it"—she said "I will go to the pawnbroker's with you"—she called Mary Ann Burns, who was bound over to appear here, but I saw her last Sunday, and she was not able to move in her bed—I have a doctor's certificate here.
At the prisoner's request the deposition of MARY ANN BURNS was read as follows: "I am the wife of David Burns, of 54, Old Woolwich Road—on Tuesday, 24th April, I was with the prisoner—I went to her house about 4 o'clock in the afternoon and stayed till 5o'clock—I left her outside the Cricketers public-house, near Greenwich Hospital, just after 5 p.m.—it might have gone 4o'clock when I first saw her."
Prisoner's Defence. I am innocent. I know nothing about it. Everybody knows me in Greenwich. I was born there. I live next door to Mr. Gale's shop, and they all know me. Inspector Morgan knows all my people well. WILLIAM MORGAN (Re-examined). I have known the prisoner nearly three years and never knew her commit any act of dishonesty before—
she lives with a coal porter, at the ninth house up the passage, which is two doors from Mr. Gale's—she has been out on bail.
GUILTY . — Four Months' Hard Labour.
MR. HADDON Prosecuted.
ALFRED ALLEN . I am a jeweler, of 2, Albion Road, Woolwich—on 30th April I went to bed about 11.30, having seen my doors and windows fastened—about 3 a m. my wife aroused me, and I got up, and went to the bedroom door, and saw a man standing on the landing, about two stairs down—his back was towards me, but to the best of my belief it was the prisoner—he ran down, and I ran after him in my night-shirt to the street door—he was joined by another man at the foot of the staircase—they both ran through the kitchen and through the back yard, and got off the premises—I raised an alarm and the police came—I missed three watches, a watch-key, a token, two or three silver rings, three lockets, and four pairs of ear wires, most of which were in a glass case on the counter—this watch (produced) is mine; it was hanging in the window—I found this pair of boots, not belonging to me, in the back parlour, and the broken screw-driver on the kitchen floor—the kitchen window had been forced open—I noticed marks outside the frame, as if some instrument had been used—a door from the kitchen into the house had been forced open—the top bolt had been withdrawn and the bottom one doubled up.
Cross-examined by the Prisoner. I believe you are the man, from your general appearance—the gas was alight in the kitchen.
EMILY MONTERS . I am deputy at the lodging-house, 2, Rope Yard Rails, Woolwich—the prisoner has lodged there six months off and on—on 30th April, about 9 p.m., he went out with another man, and did not sleep there that night—I did not see him till next morning about 7 o'clock, when he was lying on the kitchen floor without his boots—I roused him up and said "Wellard, what are you doing here?"—he said "I could not get home all night; I slept at my brother's"—I said "Where are your boots?"—he said "I had to leave them behind or else myself"—the boots produced are his—I recognise them by this piece on the sole, because he was mending them before that, and I noticed the curious way he put this rough piece of leather on—I went away, and did not see him any more—I noticed next morning that he had two rings, one on each little finger—one was a chain ring, with a shield at the top—I asked him to show them to me, but he never took them off his fingers—I had never seen them before—he remained there till he was taken in custody on the 7th.
Cross-examined. I knew you to be out for a night once before—there was a pair of shoes under the form where you were sleeping, but I do not think they were yours, because you were never in the habit of wearing such old shoes.
SHIRLEY TABBERELL (Policeman R 349). On 30th April, between 9 and 10 p.m., I was on duty at Sand Street fixed point, Albion Road, and saw the prisoner and a man not in custody—they came within 25 yards of me, and turned back, and I followed them up the road within 100 yards of the prosecutor's premises.
Cross-examined. I suspected you because you were looking in at a coffee-shop window at a piece of bacon, which I thought you were goin after.
THOMAS BURBIDGE . I am a labourer, of 49, High Street, Woolwich—on Monday, May 7th, I was in Francis Street—a man, not the prisoner, spoke to me and showed me two pairs of rings, which I pledged for him for 1s.—I met him again in the Dockyard, about 6 p.m., and he showed me this watch and chain; I gave them to a woman to pledge, but it was no good, and I returned them to him; he gave them back to me, and I took them to Mr. Walker, Artillery Place, Woolwich—while I was there the man was looking in at the window—I spoke to him afterwards and he ran away—I have known the prisoner five years; he is not the man.
FREDERICK ALEXANDER (Detective Officer R). On May 1st I went to Mr. Allen's house and found several marks on the back parlour window, which corresponded with this screw-driver, and the back kitchen window had been forced; there were several marks on it—the door leading from the back kitchen to the passage had been forced and the bolts wrenched off; the marks corresponded with this screw-driver—the shop was in disorder—this screw-driver and these boots were handed to me at the station—on 4th May I saw the prisoner in Pen-ford Square, Woolwich, and noticed that he was not wearing the boots which he usually wore; I have known him some time—on 7th May Mr. Walker, of Artillery Place, Woolwich, handed me this watch, and I went to 1, Rope Yard Walk, Woolwich, at 11 p.m., and found the prisoner in bed—I told him I should charge him with being concerned, with another man, in breaking into Mr. Allen's shop in Albion Road, Woolwich, and stealing watches, rings, and other articles—he said "That will have to be proved"—I said "Where are your boots?"—he said "I sold them to Navy Jack," which is a slang term for a man who keeps a wardrobe shop in High Street—I told him I had his boots at the station, and would show them to him—he said "You are very clever"—I took him to the station, and asked him if he would put the boots on; he said "No"—I said "I am prepared to swear they are your boots; I saw them on 22nd December on your feet"—I don't think he made any reply—nothing was found on him.
The Prisoner, in his defence, complained that he was not placed with other men at the station when Mr. Allen went there to identify him; he denied knowing anything about the case, and stated that the boots were not his, and would fit anyone.
He then PLEADED GUILTY**†to a conviction of felony at Woolwich Police-court in February, 1887.— Fifteen Months' Hard Labour.
Before Robert Malcolm Kerr, Esq.
598. JOHN SLAYMAKER (18) and JOHN COOK (18) PLEADED GUILTY to burglary in the dwelling-house of John William Rowe, and stealing a flute and other articles, and 4d., his goods and money.— Twelve Months' Hard Labour each.
Before Mr. Common Serjeant.
MR. GREENFIELD Prosecuted; MR. K. FRITH defended Buckley.
DOMENICO ANTONIO PRIZO (Interpreted). I live at 39, Bermondsey Square, and sell ice creams—on the Saturday before 30th April, I was with my barrow outside my shop—the two prisoners came up; two other men came up afterwards—the two prisoners pushed against me, and knocked me to the ground—one of them got hold of the bottom of my trousers and turned me over, and Williams hit me with his fist by the ear—Buckley was kicking me while Williams held me on the ground—they felt in all my pockets and took out all the money I had—I had 4s. or 5s. in my jacket pocket in silver, and 4s. or 5s. in coppers in a pocket in my apron—I could not say who took the money—directly the two prisoners held me on the ground, the other two men came up and helped in knocking me about, and took my money away—the four were on me, and they were all holding me and searching my pockets.
Cross-examined by Williams. I told the same at the police-station as I have now—I accused the four of you—I did not understand the interpreter well at the Police-court—I told the policeman the four men robbed me, and I said "These are two of the men who have been robbing me, and knocking me about."
Cross-examined by MR. K. FRITH. I always said it was the four of them that got me to the ground, and I could not say who took the money—Buckley was the one that kicked me and held me to the ground—more than one kicked me; the prisoners were the principal two—the prisoners were there when Smith came up, I am sure—when Smith came up, Buckley was one of the men kicking me—I never fought with Buckley—I did not fight with him then, I only hit him in my defence.
Re-examined. There was no quarrel or fighting between me and the two prisoners before they knocked me down—I simply tried to defend myself the best way I could when they got me down to the ground.
GEORGE SMITH . I live at 162, Lime Platnitz, Lime Street, New Kent Road, and am a porter—on Saturday evening, 28th April, between 20 minutes and a quarter to 6, I came out of my place facing Collier's Rents, Long Lane, and saw a disturbance in the road, and crowds of people—I went and looked, and saw Buckley on the top of the prosecutor, pummel-ling him, using his fists and elbows—I saw Williams deliberately kick him, and two other men that got away were in the tussle with the others—they went away when the prosecutor was released—I shoved Buckley off the prosecutor, and as soon as the prosecutor was so released, he ran away, leaving his barrow and everything till the police came—before the constable came up another witness struck Williams off and shoved him
away—then the police came, and the prosecutor could not be found, and we looked round and saw him a good step down the street, standing at a corner, and we called him up—the two prisoners were there, the constable, and the other witness; I told the prosecutor to give the prisoners in charge—they made him understand, and he said "Yes"—I went to the station, where he charged the prisoners with knocking him about and robbing him.
Cross-examined by Williams. I saw you kick the prosecutor twice—you were up against Buckley, and said he should not be prosecuted, because the Italian had struck him; the other constable took you—the prosecutor charged you at the station with knocking him about and robbing him; he believed you took his money between you.
Cross-examined by MR. K. FRITH. Buckley was struggling on the ground, I did not see him kicking—there was a large crowd of people—did not see any money on the ground.
ALFRED WALKLIN . I am a labourer, living at 15, St. George's Place—on this evening I came out of doors, and saw the Italian sitting on his barrow—the two prisoners came along, and both knocked him down with their fists—Williams kicked him on the head after he got him down, and I took Williams away from him—I believe they would have killed him if it had not been for me—I believe about four minutes elapsed from the time they stopped knocking him about till the constable came—I did not hold Williams; they did not run away, they stopped there till the constable came—Buckley only hit him.
Cross-examined by Williams. You kicked him on the head, but not hard enough to hurt him—I did not say before you kicked him with all your force.
By the COURT. Buckley hit him when he was down; they both hit him when he was on the barrow, and then they hit him when he was on the ground as well.
JOHN LEWIS (Policeman M 168). I was called to this disturbance at 6 o'clock on Saturday, 28th April—I saw the two prisoners in a crowd of 200 or 300 persons, they both had marks of violence on their faces—Buckley had a cut lip and Williams scratches all over his face—I was told by the last two witnesses and another in the prisoners' presence what had occurred; they said the prisoners and two others had been beating the prosecutor in a most cruel manner, but two had run away—the prosecutor came up and said "My money is gone," and then Williams said "We have not taken his money"—the prosecutor was bleeding from his mouth and nose, and had scratches on his face—I took both prisoners to the station—they were charged with assaulting the prosecutor and stealing 9s. from him—the prosecutor charged them with stealing his money—we had several constables to help take them to the station—Williams became very violent, we had great trouble to take him—in reply to the charge they said "All right, it is hard lines, we did not take his money."
Cross-examined by Williams. There were scratches on your face—160 took Buckley to the station with other constables' assistance, on this charge—the prosecutor charged both of you with robbing him—he said there were four of you and you all assaulted him.
Cross-examined by MR. K. FRITH. The prosecutor said he did not
know who robbed him, it was one of the four—he charged all four with assault and robbery.
RICHARD DAVIS . I am a leather manufacturer, of 161, Bermondsey Street—I was present at part of this disturbance—I saw a scuffle taking place, a sort of fight, and the prosecutor seemed to break loose from them, and return to his barrow, as though going on with his business—then some one came and dragged him away, and began striking him—he seemed to defend himself, and then three or four appeared to be striking at him at one time—after that the man struggled away, and got to his barrow a second time, and then the same men dragged him away again, and made a great many blows at him, knocking him into the road—I thought I would leave and call the attention of the police on my way home—I cannot identify any one, but I have a strong impression, especially as to Buckley, being engaged in it—both men had marks; they were taken on the spot.
Cross-examined by Williams. I did not see the prosecutor kicked, but as I was going away I heard a sort of cry of suppressed horror from the crowd, as though something very bad had taken place, and a woman cried out "They have killed the poor foreigner."
DAVID HERRING (Policeman M 160). On the evening of 28th April I went to this disturbance; it was over when I got there—I apprehended Buckley because I saw blood on the side of his face—the prosecutor came up, and charged him there and at the station with assaulting and robbing him.
Cross-examined by MR. FRITH. Buckley said in answer to the charge that he had defended himself, and was not guilty of any robbery—I searched the prisoners at the station—nothing was found on either of them.
GUILTY of assault with intent to rob. BUCKLEY then
PLEADED GUILTY** to a conviction of felony in September, 1885.— Nine Months' Hard Labour . WILLAMS**— Fifteen Month' Hard Labour.
MR. RODGER Prosecuted.
ALFRED ROWEN (Detective Officer). On 10th May I was in Tottenham Court Road Police-station about 11 p.m., where I saw the prisoner detained—I told him I was a police-sergeant, and that I held a warrant for his arrest for obtaining goods through the Bazaar and Mart news-paper, stealing them by a trick, and I mentioned the case of Mrs. Endleby, of 10, Sandova Road—I read the warrant to him—he said "The bracelet that I obtained from Mrs. Endleby, of 10, Sandova Road, Clapham Junction, is pledged at Mr. Smith's, pawnbroker, Belfast, for 12l."—he said he had also got through the Bazaar and Mart a dress suit and a box of paints—the bracelet was alleged to have been stolen on 23rd April—I wrote down what he said at the time.
CHRISTINA ENDLEBY . I advertised this massive gold bracelet (produced), set with brilliants, in the Exchange and Mart for sale for 25l. cash on 13th April—this is the advertisement—I got these letters in reply from Mr. Fenton. (The prisoner here stated that he admitted having written all the letters. The first was dated from 44, Eglinton Street, Belfast, and asked if the bracelet were disposed of. The second asked her to send it by post for
him to see, as it was more than probable that he would buy it, out that if he did not he would send it back. The third asked the pricey and said if it were moderate he would have it.) I sent the bracelet—I have not been paid for it.
The prisoner, in his statement before the Magistrate and in his defence, said that he had the bracelet as a present for his wife, and quite intended to pay for it, but that he lent money to a friend, who did not repay it, tha he came to London to see Mrs. Endleby and explain the matter to her, and that he was quite willing to pay.
There were two other Indictments against the prisoner for the same class of offence.— Twelve Months' Hard Labour.
MESSRS. POLAND and BODKIN Prosecuted.
WILLIAM CHAMBERLAIN (Police Inspector L). On May 10th, about 10.30 a.m., I went with Sergeants Jupe and Brogan to 1, Exeter Buildings, Zoar Street, South wark—I knocked at the door; the prisoner Clarke opened it, and I put my stick in to prevent it being closed—we went into the room—the house is let out in separate rooms—Clarke was in hip shirt, and Wilkins was in bed—I said "We are police-officers, and I have good reason to believe you are making counterfeit coin here"—Clarke said "Oh, who sent you here?"—I said "We are here"—I told them they had better dress, and proceeded to search the room—I saw Sergeant Jupe take four hot moulds from the oven, two double ones for sixpences, and two double ones for shillings—I found on the mantelpiece 19 six-pens, three broken sixpences, 11 half-crowns, and eight florins, all bad, and wrapped up with paper between each—on the top of the sideboard was a galvanic battery, two bottles of liquid, a polishing board, some plaster-of-Paris, a stone for making moulds on, clamps for holding hot moulds, several sheets of tissue paper, and all the apparatus for making bad money—I said to Clarke "How do you account for this"—he said "An old man has been here making coin"—I said "What old man?"—he said "They call him Patsey; I do not know where he lives"—I said "You appear to have been making all night; the moulds are hot"—he made no reply—I told Wilkins he would be charged with being concerned with the other—he said "I have not been making; I have been passing some"—he said he had been living there nine months—this letter in ink was found on the mantelpiece: "I should like you to come to see me to-morrow from 10-12; that is all I have to say at present. I now remain, yours truly, George Smith. "On the back of that is: "Dear Ted,—I waited for you till 7.30; had a customer for five half"—I said "That means five half loads"—he said "I know nothing about it"—Clarke said he had been living there since September, and Wilkins had been living with him—a good shilling in a purse was found on Clarke, and I said "This appears to me to have been used as a pattern shilling for making the moulds"—he made no reply, but at the station he said "If there was a shilling in my purse you put it there"—it appeared to
have had plaster-of-Paris on it but it was not the coin used for this mould—on Wilkins was found on shilling, two sixpences, and 3 1/2 d., all good—I looked at the sixpences, and said to Wilkins "This sixpence looks to me as if it had been a pattern mould; here is some plaster-of-Paris on it"—he said "I got that sixpence in change from the Cross Keys public-house, Blackfriars Road"—a boy four years old, was in bed with the prisoners.
HENRY JUPE (Detective Sergeant L). I kept watch on 1, Exeter Buildings from 7th to 10th May, and saw the prisoners go in and out both together and alone—I was there on 10th May: Clark opened the door—I found there was a quantity of broken moulds in the fireplace; the embers were still very warm; the fire had evidently been left burning when the mould were thrown on—they are for florins and half-crowns—I found on the mantelpiece 11 counterfeit half-crowns, eight florins, and 19 sixpences, done up in paper, and five broken sixpences in a vase—I found this battery on top of a cupboard outside and three bottles of acid and some silver sand, and in the cupboard this ladle for melting metal, these clamps, and tissue paper for folding the coins in—on a dresser was this bag of plaster-of-Paris, and this stone—Clarke said, "That is what I cut my leather on"—I said "Yes, but it looks as if moulds had been made on it"—I found marks of plaster-of-Paris on it—he said "Yes"—the prisoners were in bed, and their clothes were hanging up—I took this shilling and two sixpences from Wilkins's trousers pocket, and 3 1/2 d. in bronze from Clarke's coat, and this purse which I gave to Chamberlain—the prisoners each claimed their clothes, and put them on—they were taken to the station, where Clarke said that Chamberlain had put the shilling into his purse—I found a knife with plaster-of-Paris on the blade—this polishing board to polish the coins was found in the sink.
JOHN BROGAN (Detective Sergeant L). I was with the other officers—I said to Wilkins "I shall arrest you for being concerned with Clarke in making and passing counterfeit coin"—he said "I have nothing to do with it, it is true that I live here, but I have had nothing to do with the making of bad money, but I own I have passed some."
JAMES ASCAM . I live at 22, Burleigh Buildings, Zoar Street, South wark—I collect the rents at 1, Exeter Buildings in which I let to the prisoner Clarke a single room on the ground floor in September last—he said "I except my wife will be here in two or three weeks." but I have never seen a woman there—Wilkins came there a week or two after, and I thought they were brothers; he brought me the rent sometimes, and sometimes Clarke—I never went into the room.
WILLIAM JOHN WEBSTER . I am inspector of coin to Her Majesty's Mint—I have examined all these articles, these are two double moulds for shillings, and these four sixpence have been used as pattern pieces, but not for these moulds, these 11 half-crowns, eight florins, 19 sixpences and three broken ones are all bad—the coins are wrapped in tissue paper after being rubbed with lampblack to give them tone—of these 19 sixpences, 10 are from this double mould, and some are complete—here are two gets which is the metal formed in the hole where metal is poured through—here or plaster-of-Paris, a ladle, clamps, tissue paper, and other articles used for coining, and a stone for making moulds on.
Witness for Clarks.
HENRIETTA BROOMHAM . My husband is a gardener—we live at 3, Prospect Place, Bromley, Kent—Clarke is my son by a former husband—I went on 10th March to Exeter Buildings, where he lived, and took home the little boy, four years old, who had been with me seven months—my son has a wife—when I got there I saw an old man having tea with my son—he stayed 10 minutes—after I went I saw him take something from the window-ledge, which he put in his pocket, and left—I stayed five minutes after that—I did not see Wilkins there—I did not see my son again till he was in Holloway Prison—I don't know where his wife is—he is a fancy letter-case maker; he works for his Uncle Hodges, and for Mr. Masters—he left De la Rue's about Christmas—I made a mistake at the police-court in saying that I took the little boy home in January or February—it was on 10th March.
Cross-examined. My son lived with me up to September or October, and then went to live at 1, Exeter Buildings—that was the only occasion I visited him there—I don't know what he was doing for his living—he did not introduce me to the old man, or mention his name or business, or when he came from, or was going to but he said he was a friend of his—I never saw Wilkins till he was in custody—he used not to visit my son at Bromley—I was keeping my son there for eight or nine months; he was doing no work.
Clarke's Defence. While I was out of work two months ago I was introduced to Patsey O'Brian or Thompson, and I told Mr. Chamberlain where he could find him. After he had been there a little time he came to work at my place, but I did not know what use he was going to make of it. The coin that was left there was left for us two to pass. Mr. Wheatley will speak for me. Wilkins's Defence. We were both working at the same place in Lamb's Conduit Street, and as I had just left the boys' home, Clarke asked me to go and live with him, which I did—he left Masters just before Christmas, and I left a little after Easter, since when I have been passing bad money—I was never in the room while the old man was there—I used to stay out all day and return at night.
WILLIAM WHEATLEY . I am secretary to St. Ann's Christian Mission; the prisoners both worked at Masters's in Lamb's Conduit Street, and at De la Rue's, and Clarke worked at Mr. Hodge's, 2, Fairbank Street, East Road—Clarke was taken to St. Ann's Christian Mission—it is not a criminal home—he was taken in there; his character was good, and when he left he went to work at a place opposite—Wilkins left the Home seven or eight months ago and went to live with Clarke.
WILLIAM CHAMBERLAIN (Re-examined) Clarke did not tell me that the man's name was Patsey O'Brian—I asked him several times, and he only said he knew him as Patsey, he did not tell me that Patsey lived at 60, Eagle Street—this is the first time it has been mentioned to my knowledge.
GUILTY The jury recommended Wilkins to mercy. . The jury recommended Wilkins to mercy. MR. POLAND stated that since Clarke had been in custody he had been identified as being charged with stabbing in April, 1887, and requested that sentence might therefore be postponed.— Judgment respited.[Sentenced in July 1888].
COLLETT PLEADED GUILTY .
MR. POLAND Prosecuted.
WILLIAM PAYNE . I am manager to E. H. Corney, boot maker, of 156, Wyndham Street, Camberwell—on 6th April, about 7.30 p.m., Yates came in and fitted himself with a pair of boots, and also selected a pair for his father—the price of the two pairs was 1l.—he asked me to send them as soon as I could to Mr. Stevens, 30, Cambridge Street, to be paid for on delivery—I sent them in a quarter of an hour by Alfred Nye, a milk boy, who returned without the boots and brought me this bad sovereign—it was afterwards marked and given to Sergeant Lennard.
Cross-examined by Yates. I am sure it was you who ordered the boots; I know you by your face.
ALFRED NYE . I am a milk-boy, and live in Wyndham Road, Camberwell—on 6th April Mr. Payne gave me some boots to take to 30, Cambridge Street, and just outside the house I saw the prisoner Collett, who took the boots from me and gave me a sovereign—I am sure he is the man—I took the sovereign to Mr. Payne.
ERNEST WEBB . I am errand boy to Mr. Pearce, a boot maker, of 264, Brixton Road—I took a pair of boots to 67, Cowley Road, with 13s. 6d. change, and when I had nearly got to the house I met the prisoner Yates, who said "Have you got the boots for 67, Cowley Road?"—I said "Yes"—he said "I will take them then"—I said "All right; there is 6s. 6d. to pay"—he gave me a sovereign, and I gave him the 13s. 6d.—I took the sovereign back to Mr. Wilkins, the assistant, who sent me with it to a chemist, who marked it in my presence—Mr. Wilkins gave it to Lennard, the constable—this is it (produced).
THOMAS WILKINS . I am assistant to Mr. Pearce, boot maker, of 264, Brixton Road—on 26th March Collett came in and selected a pair of boots, price 6s. 6d., and told me to send them to 67, Cowley Road, with change for a sovereign—I did so, by Webb, who brought back a bad sovereign—I sent it to a chemist to have it tested, and then gave it to Webb to take to the police-court.
JOHN STIGGINS . I am a boot maker, of 85, Camberwell Road—on 28th March, about 8.30 p.m., Collett came and ordered a pair of women's house-boots, price 6s. 6d., and told me to send them to 46, Brunswick Terrace, with change for a sovereign—I sent them by Alfred Terry, who brought back a bad sovereign, which was given to Sergeant Lennard—this is it—Stapleton had marked it.
ALFRED TERRY . I am errand boy at 85, Camberwell Road—I took these boots, with 13s. 6d. change, and before I got to 36, Brunswick Terrace, Collett stopped me and gave me a sovereign, and I gave him the boots and the change, and took the sovereign to Mr. Stiggins.
FRANCES CAROLINE BIRD . My husband is a greengrocer, of 43, Westmoreland Road, Camberwell—on 17th April Collett ordered 2 cwt. Of coal, price 2s. 4d., to be sent to 22, Doctor Street, with change for a sovereign—I sent the coals and 17s. 8d. by Fenn, who brought back a bad sovereign; I put it in a vase, and afterwards gave it to Sergeant Lennard—it was marked.
CHARLES FENN . I am errand boy to Mr. Bird—on 17th April I took some coals to 23, Doctor Street, and 17s. 8d. change—Collett met me before I got there; I am sure of him—he gave me a sovereign, and I gave him the 17s. 8d.; he gate me 1d.—I tried to deliver the coals at 23, Doctor Street, but they refused to take them in—I took the sovereign to Mrs. Bird.
WILLIAM LENNARD (Police Sergeant L). On 17th, April I saw the prisoners together in Walworth, about 1 o'clock in the day, walking and talking together—I followed them for three-quarters of an hour, and lost sight of them at Mr. Bird's shop—I stood in Walworth Road, and saw them come back and get on a tram and go towards Camberwell Green; they appeared to notice me, and I could not follow them any longer—I was in plain-clothes—I saw Collett and another man next day, about 10.30 a.m., in Manor Place, Walworth, and followed them to Seven Dials, and from there to 26 Paisley Street Walworth, a private house; it was then 1 o'clock—I went into the front parlour without notice, and found the two prisoners there and the other man—I said "You must consider yourselves in custody for getting money by a trick, and also some boots, and tendering in payment counterfeit covereigns"—Collett had something in his, hand, and as Musgrove apprehended him he opened his hand and some money dropped on the floor; Musgrove picked it up, and among it was this counterfeit sovereign (produced) wrapped in tissue paper—I took Yates, and Musgrove took Collett—the other man was not arrested—on Yates was found 6s. 6d. good money, and nine pence—I found some pawn-tickets in a chest of drawers, and there was a glove on Yates's bed corresponding with one in his possession—Yates said "Don't you think you have made & mistake?"—I said "I don't know yet about your identity, but one thing is certain, this is a counterfeit sovereign found, in your room on Collett"—he said "Well, I know nothing about that"—I said "At any rate, it was in your room, and I saw you both together yesterday"—he made no reply—I produce the five bad sovereigns.
WILLAM JOHN WEBSTER . These five sovereigns are bad—the one uttered to Stiggins is from the same mould as the one uttered to Webb. Yates's Defence. Collett and another man came to my house, and found me sick and in bed. They went to the Seven Dials together. Why was not he taken as well? I believe I am taken for him. I was only placed with one man to be identified. If there had been other men he would never have picked me out. Musgrove said "Well, do you know him?" and after some hesitation he said "Yes, that one," meaning me. WILLIAM MUSGROVE (Re-examined). I did not direct special attention to Yates—I was not there at the time—he was identified in the cell—the gaoler took Webb there—I was 13 or 14 yards off—there are seven cells.
Cross-examined. I did not point to you—you were taken up the cell passage, and the cell door was open—Webb had the opportunity of looking in, and he came back and said "That is the man"—you were also placed with five other men, and seen by all the witnesses.
YATES— GUILTY . He then PLEADED GUILTY to a conviction of unlawfully uttering counterfeit coin, at this Court in May, 1886, in the name of Thomas Bowers.— Five Years' Penal Servitude each.
MR. GRIFFITHS Prosecuted; MR. GEOGHEGAN Defended
ANN TYRELL , My husband is a cook—we live at 3, Half-penny Alley, Bermondsey—on 6th May the prisoner Bradden's wife was staying with us, and he came to have tea with us—I had a watch hanging over the mantelshelf and a ring with stone a in it—his wife and I went for a walk, and when we returned the watch and ring were gone—I saw Bradden in the house on the 11th, and spoke to him a about my watch and ring—he took to Hill's and I sound he had sold them to Hill—I went to Hill with a policeman, and asked him what he had, down with the watch—he said he had sold the case, but he had the works some where about—this is my watch—it had the number 2426 both in side and on the dial—it now has a new dial—I saw Hill write this card and give it to the constable 11.5.88 Mr. Hill bought my watch of George Bradden on Sunday, 6th May, for 2s., Mr. Hill says he has sold the case to the refiners and could not find the works at present. R. Leeman, police constable."
Cross-examined. The watch has been in my family 20 years—as far as I can remember it was would up—it had two hands; the small hand was not missing, but there was no seconds hand—the prisoner has cleaned it and put on a new dials piece of the dial was chipped out—no attempt has been made to get rid of the number—Hill did not say he would give me the watch if I would give him 5s. for repairing it and putting in the new dial—I do not allege that he had—anything to do with my ring—I only called there once.
ROBERT LEEMAN (City Policeman) On 11th May I went with Mrs. Tyrrell and Bradden to Hill's shop, and said to him "Did you buy a watch of this man?"—he said "Yes"—I said "Where is it?"—he said "I have sold it"—I said "Who to?"—he said "To the refiners, in Barbican"—I said "When?"—he said "Last Monday"—I said "Where is your book of purchase and sale?'—he said "I don't keep one"—I said "As a dealer you should; how much did you sell it for?"—he said "2s. 6d"—I said "How much did you give for it?" he said "2s. 6d."—to Hill "Where are the Works?"—he said "2s"—I said to Mrs. Tyrrell "Want do you value your watch at?"—she said "2l. 10s"—I said to Hill Where are the Works?—he said "About here somewhere"—I said "Just find them"—he took out a drawer with watch works in it, and searched among them, but could not find it—I said "Just give me one of your cards," and I wrote this on the care (Produced) and handed it to Mrs. Tyrrell—I said to Hill, "I am going to take this man in custody, and you had better come to the station with me, and see the inspector"—he pointed to Mrs. Tyrrell, and said "Will she give me 5s. for what I have done to it?"—I said "What do you mean?"—he said "I had to clean it and put a new dial to it"—I said "How could you do that if you have sold the case?"—he lifted his apron and took out this watch and gave it to me—I opened it ad said "This looks to me like the same case"—I showed it to Bradden, and said "Is this the watch?"—he said "It looks like it, but it has a fresh face"—I took Bradden to Bishopagte Station and asked Hill to follow—I stated the case to the inspector, and Hill said, if she will give me 5s. for what I have done to it, she may have the watch"—
the inspector said it was not in his jurisdiction, and I took Bradden to Bermondsey station—after hearing my evidence, the Magistrate ordered Hill to be taken, and he was charged.
Cross-examined. I have known Hill for years as a hard-working man, and know nothing against him—I searched his house the same evening from garret to kitchen, but found nothing connected with this or any other case—Hill told me that he had told me an untruth, as he did not want to lose the money and labour he had spent on the watch—he said that he bought it for 2s. simply for the value of the silver. ANN TYRRELL. (Re-examined by MR. GEOGHEGAN). I called at Hill's before I went to the police and asked him whether he had bought a watch, No.2426, with a piece picked out of the dial, and he at once said that he had.
HILL received a good character.—
NOT GUILTY . BRADDEN— Nine Months' Hard Labour.
Before Mr. Recorder.
NOT GUILTY .
605. MAC EACHEN (44) PLEADED GUILTY to a burglary in the dwelling-house of Caroline Middleton, and stealing 12 knives and other articles; also to a previous conviction in February, 1886, in the name of Thomas Smith.— Fifteen Months' Hard Labour.
MESSRS. POLAND and MEAD Prosecuted,MESSRS. GEOGHEGAN and LAWLESS
The Jury being unable to agree were discharged without returning any verdict, and the case was postponed till the next Sessions.
MR. FULTON Prosecuted; MR. BESLEY Defended.
NOT GUILTY .
JONES PLEADED GUILTY .
MR. RODGER Prosecuted; MR. FRITH defended Williams.
FREDERICK VENE . I am a beer housekeeper of Marsh Gate Arms, Richmond—I am also a tailor—on April 30th the prisoners came in, and Jones called for a pot of beer, which came to 4d.—they?at down, and I went opposite the bar, and sat down with my face to the window—Williams came to me and asked if I could make him a suit of clothes, and asked what it would cost—I said about 3l.—he put his hand on my shoulder, held it tight, and said "What sort of stuff is that?"—I gave him a push, and turned round, and saw Jones come from behind the
counter—they all ran out, and I followed them, and sent some boys for a policeman—I then went back, and found they had not drunk their beer, and missed 19s. 6d. from my till—I am an Austrian.
Cross-examined by MR. FRITH. There is a window opposite the bar and a board, on which I work, facing the window, with my back to the counter, a little over 3 yards from the counter—there is a door between the taproom and the window.
Cross-examined by Mahon. The door between the bar and the taproom was open, and I could see everybody who came into the house.
THOMAS BROWNING (Police Sergeant). On 30th April, about 4.15 p.m., I was on duty in Friar's Stile Road, Richmond, half a mile from Marsh Gate, and saw the three prisoners hurrying along towards Richmond Hill—from what I had heard I called another constable, and we followed them—they turned down Rosemont Road, which is a cul de sac—they returned—I met them at the corner, and shouted to Evans to seize Jones—the other two ran away—I followed them in a cab, shouted to them to stop, and half way down the hill I jumped out and seized Williams—he said "What is the matter; what do you want me for?"—I said "I don't know; I will take you back and see"—I took him to the station, and found on him 4s. in silver and fourpence—they did not appear to have been drinking.
Cross-examined by MR. FRITH. I also found on Williams his ticket-of leave and some papers of the St. Giles's Christian Mission.
RICHARD MILDON (Policeman V R 54). I was on duty on Richmond Hill, and saw Sergeant Browning in a cab in Cardigan Road—I saw Williams seized—I chased Mahon to the Vineyard, where a young fellow with a horse and cart drove after him, and he was stopped—Mr. Vene came to the station, and identified Jones and Mahon—they were not put with others—on Mahon was found 1s., and at the top of his sock I found 2s.
Cross-examined by Mahon. Your pockets were torn and I said that it was a wonder you did not lose all you had in them.
JOHN EVANS (Policeman 123 V). I was on duty in Friar's Stile Road, Browning told me something, and we saw the prisoners—when they saw us they ran down Rosemont Road and returned—I caught Jones and found on him 11s. 1d.
Williams's Statement before the Magistrate:"I wasdischarged from penal servitude on 25th April, and from that time I did nothing but drink. I went with Jones, I did not know he was going to steal."
MR. FRITH called
WILLIAM JONES (The Prisoner). I have pleaded quilt to this charge—I met Williams in Joiner Street, Westminster Bridge Road, and asked him if he would come to Richmond to see a relation of mine, to see if I could get a start as a costermonger; we had several drinks on the way—I found my cousin out and we had a lot of drink with him, we left him and went to the Marsh Gate Arms, I called for a pot of ale—I was then under the influence of drink—the prosecutor was working in a room away from the bar with his back towards it—he could not see me and I stole the money while Williams was speaking to the prosecutor, but I did not tell Williams I was going to steal it; I took advantage of him—when we got outside the door I said to Williams "I have stolen the money, come on," he said "Oh, for God's sake take it back again, see
what trouble you will get me in, "he knew that I had comeout of penal servitude—I said "You had better run now, or else you will be apprehended, "but he still insisted on my taking it back—I knew that he had his ticket-of-leave in his pocket, and that if he was found he would be known to the police, and sail "Well, you had better run now, because he has found it out, "I kept persuading him to run, but the police followed us and apprehended us—he had none of the money, I held it in my hand and was running all the time, I can't say whether I dropped any of it—I took the first opportunity of stating at the police-court that he knew nothing about it—there is not the least truth in the supposition that he was used as a cover—he was asking some question about clothes and he was under the influence of drink.
By the prisoner Mahon. I met you at the same time that I met Williams, and asked you to accompany us—you were looking at the prosecutor tailoring, with your back to me—you did not know that I was going to commit a felony, and you did not know that I had any money till I told you to run—I said "You ought to know better; for God's sake take it back"—I kept telling them to run, because I took advantage of them, and got them into trouble through my fault.
Cross-examined by MR. RODGER. We drank about half of the pot of ale—I sat down—Williams went to speak to the prosecutor, and Mahon was talking about a club, and I took a mean advantage of them, and ran round the bar, and took the money—I do not believe there was 19s.—I held all the money in my hand, and 11s. was all I took unless I dropped any—I never gave the others any—the 2s. found in Mahon's sock must have come out of his trousers—we did not finish our beer, because I told them I had stolen the money and I thought I might be apprehended—we all drank out of the same pot.
Mahon's Defence. I knew no more that Jones was going to take the money than Williams does; my back was towards him.
WILLIAMS and MAHON— GUILTY **
They then PLEADED GUILTY to previous convictions, Williams at Clerkenwell on 7th April, 1884, in the name of John Smith, and Mahon at Southwark Police-court in November, 1885, in the name of Thomas Coleman.— Twelve Months' Hard Labour each (JONES having also to complete Twelve Months of his former sentence).
MR. BODGEE Prosecuted.
SARAH LONGLAND . I am a widow, and live at Richmond—on 3rd May, about 3 o'clock, the prisoner called and said "I wish to engage a sitting-room and two bedrooms for two young gentlemen from the London and County Bank"—I showed him the rooms—he agreed to take them at 1l. 15s., and said "There is a commission to pay; I am from Mr. Piggott's office, the house agent in George Street; do you object to it?"—I said "What is the commission?"—he said "5s."—I said "I do not object to pay it when the rooms are taken"—he said "Will you pay it now? I will bring the gentlemen in the evening"—I said "Perhaps they will not like the rooms"—he said "Oh, I have taken the rooms, and it rests with you whether you have them or not"—I had not 5s., and I gave him a half-crown and 3s.—he could not give
me the change, but said "I have a 10l. note here," taking out what appeared to be a 10l. note, "if you can give me change for that?"—I said "Oh, no, when the gentlemen come they can give it to me"—he did not open the note. (This was a flash note on the "Bank of Engraving.") He asked me to sign a paper, and I did so, and was foolish enough not to keep it—when he had gone I remembered that he had the money and the receipt too, and I went to Mr. Piggott's office.
Cross-examined by the Prisoner. I said I could not get the rooms ready till Saturday, as we had just moved in, but you said you would bring the gentlemen down that evening—I did not mention the 10l. note before the Magistrate; you did not mention Mr. Harding, of Kew—I did not know Mr. Piggott, or where his office was, and I did not mention him—you were taken into a cell and searched, and the policeman brought out the note, and said he had found it on you—I then said you showed me a note, but you did not unfold it.
By the COURT. I have a card up "Apartments"—I parted with the 5s. 6d., because I thought it was the custom, and I believed he came from Mr. Piggott's office.
FREDERICK GEORGE SCULLY . I am manager to Mr. Piggott, house agent, of Richmond—I do not know the prisoner—I never gave him authority to take any lodgings—he did not hand me 5s. 6d. from Mrs. Longland or a flash note.
JOHN SMITH (Policeman V 487). On 3rd May, at 3.15 p.m., I took the prisoner at the corner of Kew and Richmond Roads from information I had received—I told him I wanted to speak to him, and he ran away—I caught him; he struggled violently—I said "I shall take you to the station, and a charge will be preferred against you of obtaining money by false pretences"—he said "All right"—I searched him, and found half-a-crown, 4s. in silver, a penny, and a 10l. note on the Bank of Engraving.
MART WILLIAMS . My husband is a traveller—we live at 2, York Villas, Richmond—on 3rd May, about 12.30, the prisoner came and said "I want apartments for three clerks in the London and County Bank"—he looked at my rooms, and said he would take them at 2l. 10s. a week including gas—we then went into the dining-room; he sat down, took out a book, and began writing something, and said "I am from an agent's office, Hardy or Harding, next to the Kew Gardens Station Hotel; there is a commission of 5s. to pay"—I went down to get the money—my cousin, Mr. Mulberry, was there—he spoke to me, and I went up and said to prisoner "I will pay you the commission when you bring the gentlemen in the evening"—he had promised to bring them at 7.30—he said "Cannot you pay something?"—I said "No, I do not know the agent"—he said "You had better go and see," but I was ill and could not go—he seemed annoyed, and was in a hurry to go.
Cross-examined. I did not mention before the Magistrate that you pressed me for the money; I was not asked—you did not say if you let the rooms you should charge a commission—you did not know that Mr. Mulberry was in the kitchen—he would have turned you out of the house if I had let him go up.
The prisoner in his defense said that he met a man at Kew, who sent him to take the rooms, and he overheard Mr. Mulberry say that he would kick him out, and therefore left.
GUILTY . — Six Months' Hard Labour.
ADJOURNED TO MONDAY, JULY 2ND, 1888.