CENTRAL CRIMINAL COURT
DE KEYSER, MAYOR.
TENTH SESSION, HELD JULY 30TH, 1888.
MINUTES OF EVIDENCE.
TAKEN IN SHORT-HAND, BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
EDWARD T. E. BESLEY, ESQ.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
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, July 30th, 1888, and following days.
BEFORE the RIGHT HON. POLYDORE DE KEYSER, LORD MAYOR of the City of London; the Hon. Sir HENRY HAWKINS , Knt., one of the Justices of Her Majesty's High Court of Justice; Sir THOMAS CHAMBERS , Knt., Q.C., Recorder of the City; JAMES WHITEHEAD , Esq., DAVID EVANS , Esq., JOSEPH RENALS, Esq., and WALTER HENRY WILKIN , Esq., 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.,
CENTRAL CRIMINAL COURT.
A. star (*) denotes, that prisoner have been previously in oustody—two stars (**) that they have been more than once, in oustody—a dagger (†) that they are known to be the associates. of bad character—the figure, after the, name in the indictment denote the prisonor's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, July 30th, 1888.
Before Mr. Recorder.
MR. BESLEY prosecuted; MR. HUTTON Defended. CHARLES STRANGER GEROME. I am a member of Trinity College, and live at Oxford—I have known the prisoner four years or a little longer—I knew him in January, 1888 as at the address, 57, Bishopsgate Street—I had had previous transaction with him—on January 2nd I received this letter from him, containing a statement that a friend of his had lately returned from visiting the Consolidated Esmeralda Gold Mine, and had advised him to buy shares—I believed he had bought and had them, and that he could supply me with 50 shares at 6s. 6d.; 16l. 10s. was to cover charges an stamps an everything—I got no bought or sold note—I sent four or five days after a cheque, which has been paid and returned in the usual way—I should not have parted with my cheque had I known that the prisoner possessed none of these Consolidated Esmeralda shares; I should have waited till I knew he had bought them—a bill of his for 75l. was current—I had this letter of 17th January in the course of post; it said he had booked 100 for me, and hoped they would be a good thing—that was after I had bought the 50—I did not accept that offer; I said nothing about it—I wanted no more than the 50—on 20th January I received this letter saying I would find the bill of no good if it were not presented—I consented to renew the bill for a month—I never received any money for it—I had no idea I was not the owner of 50 shares; it was much later that I found that out—I did not apply to him to transfer the 50 shares to me; I wished him to hold them for a time without any special arrangement that they should be transferred to me—I believed he had them—I mentioned the matter to Mr. Holland, my solicitor—it was after the oral examination
of Bartlett, in the matter of Gerome, judgment creditor, and Bartlett, judgment debtor, that I knew I had do shares.
Cross-examined. I made no demand for the shares to be transferred to me at all—the bill for 75l. was for money I lent him; that was in February, I think—I kept the bill, and took proceedings upon it—I have known the prisoner about four years, or rather less; I don't think it could be more—I knew he was a stock and share dealer—I have had no other dealings with professed stock and share dealers in such a way as this—I have had time bargains, where the actual stock was not taken up by me, but I paid or took the difference on account day—I have not had time bargains with the prisoner, but a genuine transfer of shares in mines and other companies—I believed the prisoner had these shares, and was ready to dispose of them—I have since heard that it is very often customary for outside brokers not to buy till they get an order from the client; I did not know it at the time—I should have left it to his judgment and discretion to sell these shares, knowing nothing about the mine—he told me shortly after the 2nd that the price of the shares had slightly risen—that would be quite a week or more after; and he advised me to hold on for a longer period—it may have been more than a week after I sent him the cheque; I cannot be sure of that; it was a verbal communication.
Re-examined. I understood from his letter that he had been advised to buy Alturas, and had not bought them—I understood he had bought the Consolidated Esmeraldas, and sent off my cheque in consequence of that statement—I am under the impression that he twice told me not to sell them, as they had risen; I can swear to once; it was at the end of January or beginning of February.
By the COURT. My complaint is that the prisoner had not got the shares—I did not understand it was a time bargain—I did not intend to take the transfer at the time; I thought he would hold them; I trusted to him as a broker to act at discretion—I intended to sell if the market rose; I thought he had the shares, and would manage the business for me—my complaint is that he got the 16l. 10s. because he said he had got the shares—if he had said he was able to buy shares for me I should not have sent him the money; I should have waited till I knew he had bought them—I was very ignorant then that thousands of time bargains are made where there is no transfer of stock—the time bargains I had had before were of a different kind—I never had the shares, nor was my money returned—it never struck me as a speculative bargain in which I never intended to have the shares—I was deceived by his representations—I should not have sent the money if he had said he had not actually got the shares—I considered he held them—I should not have offered them to anybody else, unless I had had them transferred to me—I thought a time bargain meant running to a particular date mentioned—I don't know if the prisoner had become liable for the shares because he had bought them in the market, although he had not received the to transfer of them—I took it he had got the shares; he said "I have secured them, and you shall have some"—I inferred from those statements he had them—the other transactions I had had with him were genuine.
the prisoner was entered as a holder of 100 shares on 23rd November, 1887; prior to that he was not a registered shareholder—I kept the. ledger myself—the prisoner transferred the 100 shares on the same day, 23rd November, to Charles Turner, of 6, Watt Court, Gray's Inn—the prisoner got them for 27l. 7s. 6d., and transferred them for 30l.—at 27l. 7s. 6d. the price of 50l. would be 13l. 3s. 9d.—the prisoner has never had any other shares at all in the company.
Cross-examined. Those are the only shares for which his name is in the ledger—I do not know if he has had other shares from people holding them, although his name is not in the ledger—Mr. Porter is in our building—there is a transfer to Mr. Coard in January of 150 in Mr. Porter's name—a man might deal in shares without their being in his name; they are not entered till they have passed the board.
Re-examined. The shares are numbered—the numbers of those sold to the prosecutor are 50 of those in the register as belonging to the prisoner—he has had no control over those since he sold them.
FREDERICK CATESBY HOLLAND . I am a solicitor in partnership with Mr. Sanderson, at 46, Queen Victoria Street—I have been acting for the prosecutor—about 8th May the prisoner called at my office—I had then in my possession a letter from the prosecutor, an extract of which I read to the prisoner; it was to this effect: "The question is what had become of the Esmeralda shares. I sent him a cheque for 16l. 10s. The question is did he buy them, or did he pocket the money," the prosecutor added it must be inquired into at once—the prisoner gave me to understand that Mr. Gerome had not paid for the shares, and, therefore, was not entitled to them; at that time I had not looked into the matter, and did not know the exact facts; I did not know a specific cheque for 16l. 10s. had been given—I won't say he said he had not been paid, that was the impression he gave me—I produce under the Seal of the High Court the examination of the prisoner in the matter of Gerome and Bartlett. (In this examination before Mr. Earl, the prisoner gave particulars of his pecuniary affairs, and said he held shares in various companies, among which the Esmeralda Company was not included.) I was present at the examination, the prisoner said he had no Consolidated Esmeralda shares—I never got anything on the other matters.
Cross-examined. I do not say the prisoner denied receiving the 16l. 10s., I mean I understood that all had not been paid; that more than 16l. 10s. was due on the shares—he did not say he would have been able to purchase them if they had risen—I am quite sure he did not offer to go and buy them—I was the solicitor acting for Mr. Gerome.
MR. GEROME (Re-examined). I destroyed the 16l. 10s. cheque when it came from the bank.
NOT GUILTY .
MESSRS. CANDY, Q.C., and BIGGE Prosecuted; MR. DENNISS Defended.
ALFRED HENRY WHITE . I am chief clerk in the Mayor's Court of the City of London—I produce an affidavit of service in an action of Kingshott v. Mardell—it was duly sworn by me before the Registrar, Mr. Pawley.
Cross-examined. I undertake to swear that the prisoner is the man who swore that affidavit—I was present at the Guildhall Police-court
when this case was gone into, but only for a short time—the charge was dismissed.
JAMES MARDELL . I was the defendant in an action of Kingshott v. Mardell; I reside at the Limes, Parkhurst Road, Bowes Park, I was living there on 25th April—I was not on that day served with notice of that action, or with anything relating to it, I never saw the defendant—I first knew that judgment had been signed in that action when I got home from business, on 9th May, after 11 o'clock, and found the Sheriff in possession—I am clerk to Mr. Hopkins, a solicitor, of Victoria Chambers, 55 and 56, Chancery Lane—I can't say the exact time I left home on 25th April, I should say between 6 and half past 7, that was the latest train I went by, and I got home between 11 and 12; I have a wife and four children and one servant—my wife is from home all day, and comes home in the evening—on 12th May I went with Mr. Hopkins to the office of Mr. Bernede, I there saw him, he came outside; I did not speak to him, Mr. Hopkins did, and Mr. Bernede called the defendant from an inner office, and said "This is Mr. Mardell, is he the person you served?" and he said "Certainly, in the presence of his servant"—I have subsequently taken steps to stay proceedings in the Mayor's Court pending this prosecution—the money has been paid into Court within two days.
Cross-examined. I was present on the two occasions when this case was at Guildhall before Mr. Alderman Wilkin—the case was gone into, I can't say fully—I have not given any additional evidence to-day; I can't answer for the servant—the Alderman said there was not sufficient evidence to convict—I did not hear him say he thought no Jury would convict on that evidence—he dismissed the case—I then bound myself over to prosecute—this (produced) is a promissory note for 7l., dated 19th January, signed by my wife and myself—I owed that money—this note became due on 21st April, because the 22nd was Sunday—I received from Mr. Kingshott, to whom this bill was transferred, two letters previous to the 21st April, stating that the bill would become due on the 21st, and asking me to meet it—I thought I should receive notice before anything was done—I was not in a position to pay the money on the 21st April; I had not money in the house to pay out the Sheriff—I went to the Mayor's Court on the 10th to inquire—Mr. Hopkins went with me—the Sheriff remained in till the 30th—Mr. Hopkins had the case in hand and attended to it for me—I have been a solicitor's clerk eight or nine months, since January—I did not understand the practice at the Mayor's Court—I asked Mr. Hopkins next morning what it meant, the Sheriff being in possession; I knew nothing at all about it—I was not at all put up to the point, that notice not being served the execution was illegal—I spoke to Mr. Hopkins about it, and he said he would go to the Sheriff—he advised me that, not having been served with notice, I should set aside the judgment—I knew there was something wrong, but I did not know what step to take—before I was a solicitor's clerk I was with Mr. Donovan at St. John's Wood—my wife is a schoolmistress—I have brought an action with 100l. damages against Mr. Kingshott, and also against the Sheriff of Middlesex—I had to pay 10l. into Court for debt and costs—the application in the Mayor's Court to set aside the judgment has been adjourned pending these proceedings—I did not proceed in the Mayor's Court because I thought there was sufficient on the
affidavit—I simply wanted justice—I did not know that if I proceeded civilly the prisoner could give evidence, but if criminally he could not; I have found it out since—I am managing clerk to Mr. Hopkins—I do not do his legal business—my wife did nut tell me on the 23rd April that a large envelope had been left for me—I did not see one about the house—she did not tell me that some one had called on the 24th and left a white envelope; no one told me so; I never knew a word about it—it is very awkward for me to say at what time I left my house on 25th April, because I go from 6.3 to 7.33, that is the latest—I do not know what train I went by on that particular morning—I went to King's Cross—the train would arrive there about two or three minutes to 8 o'clock—I should get to the office about a quarter-past 8 o'clock—I am quite prepared to say that I did not leave by a later train that day—since this case I have done so, perhaps four or five times, because I have been making inquiries into this matter—Parkhurst Road is a road not made; it is all rough—the house has a bay window, and has an India-rubber plant in it—when I went with Mr. Hopkins to Mr. Bernede he did not say to the prisoner "Do you know this man?"—I swear the prisoner used the words "In the presence to the servant"—I did not know Mr. Adams in this matter; his name was never mentioned—the reason of my going so early to the office was because Mr. Hopkins was very busy—we had three or four particular cases on, and I had to come early and stay late—we had some very good cases in hand.
EMILY THORNTON . I am in the service of Mr. Mardell—I live and sleep in the house, and have charge of the children—the prisoner never left any paper with me on the 23rd, 24th, or 25th April, or any one else for him—no one answered the door but me—Mrs. Mardell was out during the day at a Board School—no one but myself was employed at the house; I was left there alone from 8 o'clock in the morning till 6 o'clock in the evening—I have never seen the prisoner before.
Cross-examined. I did not see an envelope lying about the house on the 23rd or 24th—I saw no papers at all—sometimes letters came by post—I do not remember seeing any envelope addressed to Mr. Mardell, occasionally there would be some.
MRS. MARDELL. I am the prosecutor's wife—on 23rd, 24th, and 25th April I was living at the Limes—I was and am a schoolmistress in the service of the London School Board, in Great Wild Street, Holborn—I go to London every day; I leave by the 8 o'clock train, and leave home about five minutes before, and I return about five minutes past 6 o'clock—from 8 o'clock to 6 o'clock the house is left In charge of the last witness—there was no one else stopping in the house at that time—I had had no visitor for two or three weeks before, and no other servant—I never received any envelope—I never saw the prisoner till I saw him at the Court.
Cross-examined. I had no charwoman; I never employed one since I had a servant—I signed this promissory note at the same time as my husband; we were jointly liable—I suppose Mr. Adams was a money lender—I only knew the name of Mr. Kingshott—I remember the 23rd, 24th, and 25th April quite well—I did nothing out of the ordinary on those days; I simply went to the school and came home—there was nothing out of the way to call my attention to those days in particular—when the man in possession came in I remembered them—no one called
on those days or for a week before except the trades people; that I swear—people do sometimes call, but we have very few visitors—no man called on the evening of 23rd April and left an envelope with enclosure addressed to my husband, nor did he call again on the evening of the 24th, after 6 o'clock, and ask if my husband was in, and whether he had received the letter he had left—he did not call again on the morning of the 25th, and ask if Mr. Mardell was in, nor did I say "No," nor did he then ask for the letter he had left—I did not come to the door and say "There is Mr. Mardell coming back"—he did not then say "Give me the letter I left the other day," nor did I give it him—I sometimes answer the door in an evening—I was not called at Guildhall; I was there; I was subpœnaed on the other side—my husband always left before me in the morning—I do not remember any occasion of his returning to the house after having left for the station—he was always regular.
JOHN HOPKINS . I am a solicitor, and am the employer of the prosecutor—I carry on business in Chancery Lane—on or about 12th May I went with the prosecutor to the office of Mr. Bernéde—I have heard his evidence with regard to what took place there; it is perfectly correct—the result of the action was that the debt and costs were paid into Court under the order of the Assistant Judge; the prosecutor was to set aside the judgment, but the judge refused to deal with the question, because he said he should have to deal with the case of perjury—we are very early and very late at my office, we get there about 7 in the morning, never later than about a quarter-past 8, we arrange overnight; we come up by a workman's train or the next—I live at Wood Green—we are seldom away from the office till half-past 10 at night—we work 16 to 18 hours a day.
Cross-examined. The order of Court was to pay into Court 10l. 8s. 6d. execution to be stayed for seven days, with liberty to apply—the order was adjourned from time to time at my instance, because the Judge refused to try the question of perjury—the defendant had made an affidavit, and the prosecutor's affidavit was in direct contradiction—the Assistant Judge distinctly refused to try the question of perjury, because there was a prosecution pending—he did not refuse to try the subject matter of the summons, which was to continue the stay—I did not get this point determined in the Mayor's Court, because I could not; the Judge refused to determine it—I went with Mardell to Mr. Beruede's office at the suggestion of the Alderman before whom I applied to grant the summons, to see whether the clerk who had made the affidavit was a man or a boy—I inquired of Mr. Bernede if he had a client in his employ named Whitehead, he said "Yes"—I said "Is he in?" he said "No, what do you want with him?"—he threw open the door and said to the prisoner "That is Mr. Mardell," pointing to him, "is he the person that you served with the summons?" the prisoner said "Yes, most certainly, in the presence of his servant"—I wrote the words down at the time, and have them here—I distinctly remember that on 25th April Mardell was at the office at 8 in the morning. I was very busy; I have my diary here to show what was done—I represented the skill, the other represented something else; it is unusual for most solicitors to be at their office at 8 in the morning—I was conducting these proceedings for Mardell—when I found the notice had not been served I put Mardell up to the point that the proceedings were invalid, I should
naturally do that—I don't recollect whether I had taken a similar objection in other cases—I had no time to do so at the time I was sent to Holloway in 1882; I was walked off from my desk without any notice; it was for a debt of 20l.—it was not for a breach of duty as a solicitor—I did not try to set the order aside on the ground that I had not been served with notice—I should have taken the objection if I had had the opportunity.
Witness for the Defence.
OSCAR BERNEDE . I am a solicitor, the defendant has been in my employ six or seven months as outdoor clerk—his particular duty is to serve process—I do not get to my office at 8 in the morning—I have known him 17 or 18 years, and have employed him off and on before; I should say his character is extremely good, I have always found it so; he is very regular, methodical, and truthful in his business—I know of his having been with Garibaldi—I spoke to Mardell with reference to the debt being due just before he took proceedings—I never saw him before or knew anything about him before process—the money was advanced by Mr. Adams, and Kingshott took over the business from him; he was not a money-lender—made out the action in this matter myself, and Whitehead made a copy of it, and I sent him to issue it, which he did, and brought it back to me—on the 24th he was at the office when I got there—it was customary for him to enter all these things in a book, which I produce, it is entirely in his writing—the only entry on the 23rd is the name and address of Mardell—he made this entry in the morning in my presence, be reported to me what he had done—on the 24th he reported that he had been again, and that the defendant was not in, and that he had served the document in the envelope I had addressed, and left it with a woman in Mardell's house—on the 25th he reported to me that he went on the evening of the 24th, that he called again on the 25th early in the morning, that he saw the same woman and asked her if she had handed the envelope to Mr. Mardell, that she said no, he asked why, and got no answer, that the hall-door was open, and as this conversation was taking place the woman said "Oh, here is Mr. Mardell coming up the street," on which he said "Give me back the envelope I left yesterday," that the woman went somewhere to the back, handed him the envelope, and as he was walking out to meet Mr. Mardell he met him, or the man represented as Mardell, and gave it to him; he said it was somewhere between half-past 7 and 8—these gentry are very difficult to get at—I asked him as to the appearance of the house, I always do—he described it as one of those run in urbe, all bearing the names of trees, but the trees not being there; that it had a bay window with an India-rubber plant in it, and that it was an unmade road; I asked him about the rental of the house, he said he supposed about 30l. or 36l. a year—Mr. Hopkins and Mardell called on me on 12th May—they did not come into the office, the conversation took place in the passage, I went out first—I suspected who Mardell was because Whitehead had given me such a good description of him on the 24th, he described him as a middle height man with a darkish wiry beard, a bloated face, and a lot of pimples on his forehead—Mr. Hopkins told me what he came about; I threw the door open and said to White head "Do you know this man?" he said "Certainly, that is Mr.Mardell, that I served at Bowes Park"—he said he had served the
process with a woman in the house—that was how the word "servant" came in, it was I who mentioned with regard to the servant—Whitehead never used the word "servant"—all I said was "Do you know this man?"
Cross-examined. I did not point to Mardell, I made a sort of motion—Whitehead had told me that Mardell had been pointed out to him by a woman, not that the service had taken place in her presence—Whitehead at this time was living in Southwark—he said he had served the process between half-past 7 and 8—I saw him make the entries in this book—this was one of a batch of actions in the Mayor's Court, in which Kingshott was plaintiff—I think there were five actions—Whitehead made an affidavit of service in each case, about the same time—Smith was one of the defendants—I always ask Whitehead all particulars as to residence and locality—he described the woman he saw as a well-developed woman, who said that Mr. Mardell was not in—he said he saw the same woman on each occasion, but he was not sure he could identify her in her outdoor attire—I asked him "Do you think she was a servant?" and he said "I really don't know."
NOT GUILTY .
716. RICHARD JAMES STURDY (34) PLEADED GUILTY to two indictments for stealing post letters containing orders for the payment of money, the property of the Postmaster General, he being employed under the Post Office.— Five Year' Penal Servitude.
717. JOHN VANDERPANT (20) , to stealing a post parcel and its contents, the property of the Postmaster-General, he being employed under the Post Office.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.]
718. WALTER GEORGE ROUNDING (18) , to stealing a post letter and its contents, the goods of the Postmaster-General, he being employed under the Post Office.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.]
719. ERNEST EDWARD MERCER (23) , to two indictments for stealing post letters, the property of the PostmasterGeneral, he being employed under the Post-Office.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
720. WESTON MONTACUTE (20) , to stealing a post parcel, the property of the Postmaster-General, he being employed under the Post Office.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
721. WILLIAM THOMAS LADDS BANKS (26) , to forging and uttering an order for the delivery of 2,000l. Grand Trunk and Chicago Five Per Cent. Bonds.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.]
722. THOMAS ARTHUR CARTER GRANT (17) , to forging and uttering a request for the payment of 100l.; also to forging and uttering an endorsement on a banker's cheque for the payment of 100l., and to wilfully and without authority uttering a certain telegram.— Five Years' Penal Servitude . [Pleaded guilty: See original trial image.] And
723. WILLIAM HERBERT (51) , to burglary in the Aquarium Tavern, and stealing 7l., the money of Elizabeth Muggridge, after a conviction of felony in June, 1888.— Eighteen Months' Bard Labour. [Pleaded guilty: See original trial image.]
NEW COURT.—Monday, July 30th, 1888.
Before Mr. Common Serjeant.
MR. WILKINSON Prosecuted,
JEMIMA DUGWELL . I am a tobacconist and confectioner, of 1, St. Catherine's Terrace, Seven Sisters Road—on 7th July I served the prisoner with half-an-ounce of tobacco, and recognised him as having been there before—he gave me a bad florin; I said "This is a bad twoshilling; piece"—he said "No, it is not"—I said "I will ask a constable, and in his hearing sent a boy for a policeman—the prisoner hurried away—I went to Mr. Trant's shop opposite, and pointed out the prisoner to him; he went after him and brought him back to my shop, and said "This lady says you gave her a bad half-crown some time ago"—he said "I have never been in your shop before," and ran out, but Mr. Trant caught him outside and struggled with him—I went for a constable, and when I got back a constable was there, and I gave him in charge with the florin—he said he had never been in the shop before, but I served him with half-an-ounce of tobacco on 5th March, when he gave me a half-crown, and I gave him 2s. 4d. change—I found the coin was bad, and put it on the mantel-shelf by itself, and gave information at the station—I sent the half-crown to the station by Mrs. Jay, who brought it back, and I put it on a shelf in a cupboard apart from other coins till 7th July—this is it (produced).
Cross-examined by the Prisoner, I found the half-crown was bad at soon as you went out, but I was alone and could not go after you—I went to the door, but could not see you—when you came in July I knew you by your face as soon as you entered the shop, and was thinking what I should do—I had said that the man who came in March was a dark man with a bad face, and I should know him again, but I could not describe his clothes.
Re-examined, I spoke about the bad half-crown in Mr. Trant's presence, and you said "I have never been in your shop before"—I said "I have it written down."
WALTER TRANT . I keep an oil and colour shop opposite Miss Dug well's—she came to my shop on 11th July—she pointed out the prisoner to me; I followed him, went up to him and said "Old man, you have passed a bad two-shilling piece to a lady"—he said "No, I have not"—we went to Miss Dugwell's shop, who said "You passed me a bad half crown before"—he said "When was it?"—she said "I have got it marked down; I have sent for a policeman"—he said "I can't wait here"—I put my hand against the door, and said "You will have to wait"—he pushed past me, I collared him and held him—Miss Dugwell afterwards charged him—he ran away after the policeman came, but I ran and caught him.
EDWARD SULLEN (Policeman N 324). I was on duty, and was called to 3, Catherine Terrace, where I found the prisoner and Mr. Trant, who said "This man has attempted to pass a bad two-shilling piece"—he said nothing—Miss Dugwell was not there, and I waited outside the shop—the prisoner ran away; I ran after him and brought him back—Miss Dugwell came up with another constable, and gave the prisoner into my charge; he said nothing—I said "You must come to the station"—he said "Very well"—he was charged at the station, and made no answer—I found on him a sovereign, two half-crowns, a florin, a three-penny
piece, and four halfpence, all good, and all loose in his trousers pocket—Miss Dugwell handed the florin to Sergeant Rogers, who handed it to me; I marked it in his presence; this is it—I afterwards received this half-crown from Miss Dugwell.
Cross-examined. The money was not in a purse—your purse was in the same pocket with the money, but empty.
FLORENCE JAY . I am agent to Miss Dugwell—she handed me a bad half-crown on 6th March, and I took it to the station at her request, and handed it to Sergeant Rogers, who examined it and returned it to me, and I gave it back to Miss Dugwell on the 7th March.
Cross-examined. I saw Miss Dugwell on 7th March, and asked her if she could give a description of the person who changed the half-crown, and she said it was a dark man; she was doubtful if she should know him again.
Prisoner's Defence. I do not think it possible for any woman to identify a customer who was in her shop on 6th March, when she had no particular reason to take notice of him.
GUILTY** on the first Count only. — Twelve Months' Hard Labour.
726. THOMAS POSGATE (48) , Unlawfully uttering a certain coin resembling one of the Queen's current gold coins. Three Other Counts, for uttering a piece of metal. Fifth Count, for obtaining a sovereign, by false pretences.
MR. WILKINSON Prosecuted; MR. FILLAN Defended.
MR. FILLAN applied to the Court to quash the fifth Count, as the Magistrate had not committed the prisoner upon the charge of fake pretences, neither had leave of the Court been obtained to send such a Count before the Grand Jury. The Court, after consulting the RECORDER, considered that the fifth Count ought to be set aside, upon which MR. WILKINSON proceeded on the uttering Counts only.
ANNIE HALLETT . My husband is a parliamentary agent, of 9, Laurence Road, Hackney—on the night of July 14th I was returning from the country to London, and arrived at Hackney Station at 12.15—I saw one cab only on the rank; I called it, and got in—the prisoner was the driver, and on arriving at my gate I asked him to give me change for a sovereign—the fare was one shilling; he gave me what I believed to be a half-sovereign, and then counted nine shillings into my hand, which he took from his trousers pocket—immediately I got into my house I found that the half-sovereign was not a coin at all, and I took it to the police-station and gave it to Banks with a description of the cabman—I was called up about 3 a.m., went to the station with my husband and saw the prisoner in custody, and charged him—he said that he had only had one fare, a militiaman and two ladies, and had never seen me before.
Cross-examined. I had been with some friends to see "Dorothy," and had left them—the cab stood immediately outside the station—it was a Hansom cab; it was a dark night; it took five minutes to drive home—I did not take particular notice of the cabman—I told the policeman that he was rather grey and dark complexioned—I do not call the prisoner very dark; he is rather groy; I had not taken much notice of him—I am
certain he is the man—I said at the police-court that to the best of my belief he was the man—when I spoke to the policeman he said that he knew the man; it was the only cab on the rank—I said that it was the last cab on the rank, and then the policeman said that he knew the man—he did not pay much attention to my description—I had no coin in my pocket but the sovereign.
Re-examined. He gave me the change at my Rate; there was a lamp very near, which was alight—I knocked at the door and asked my servant in the cabman's hearing if she had a shilling—the hall-door was open, but there was no light in the hall.
EDWARD BANKS (Policeman J 321). On 15th July I was on duty at Hackney Police-station, and saw the prisoner on the cab-stand by himself—it was shortly after the "houses" were closed, after 12 o'clock—I said "You don't seem very busy"—there was no other cab there, nor had there been for a quarter of an hour—he said "Well, I don't know," or something to that effect—it was then about 12.10; after that I heard the last train coming in, and a lady got out and got into the prisoner's cab and drove away towards Clarence Road—I only identify her by her dress when she afterwards spoke to me—about 12.30 I saw Mrs. Hallett having an altercation with a Hansom's cabman, who had just driven up—she gave me a coin, and the description of a cabman—about 3 o'clock that morning I saw the prisoner walking in Mare Street—I said "You will have to go to the station with me for uttering a counterfeit half-sovereign to a lady at Clarence Road"—he said "I have only had one fare tonight, Mr. Clark, the butcher"—I took him to the station; he was charged, and said "I have only had one fare to-night, a militiaman and two ladies; I drove them from Hackney to Coborn Road"—he did not tell me where he had driven the butcher—Mrs. Hallett identified him at the station, but he said he had never seen her before—I found on him seven shillings, two sixpences, a penny, and five halfpence—Mrs. Hallett handed me this coin.
Cross-examined. I apprehended him 150 yards from the cab rank—he had left his cab at the yard—his time was generally 1.30—this was about 3 o'clock, I was watching his house and thought he had gone to bed—his house is 300 or 400 yards from the station—as far as I know the last train comes in at 12.10—as a rule two cabs only ply there, a Hansom's and a four-wheeler, but there are others in readiness, I have seen eight or nine standing back in reserve—I know the prisoner is the man who was on the rank at 12.10, because I spoke to him a minute before the fare got in, he was the only man there—I am stationary on a point in front of the railway gate—the rank is 120 yards from the station, but the cabs to be engaged are in front of the station door—I had been there from 9 o'clock without moving, I am only allowed to move 25 yards—I told the lady that I had apprehended a cabman, she saw the prisoner sitting at a table and said "That is the man"—I searched him and took his badge out of his pocket—I did not find any holes in either pocket—I think he said "I took Mr. Knight, the butcher," not Mr. Clark—this (produced) is the note I made at the time.
Re-examined. There are only two cabs there at any time of day—I have known the prisoner personally for two years, and for five years by sight.
proprietor, of 20, Kean's Yard, Highbury, the prisoner drove cabs for him—on 29th June the prisoner showed me a bad half sovereign, and said "I picked it up in the yard when I was out of work and I thought my luck was in, "Isaid "Give it to me, and I will put it on that cab and make Ted a fool"—Ted is the young master, and the cab was opposite the door—he showed me the same coin again about 3rd July, and told me the same thing—he took it out of his trousers pocket among the silver that he was going to pay the cab hire with—he gave it into my hand and I asked him to let me put it on the cab, he said "No, I shall make use of that another night," and put it back into his trousers pocket with other money—he said that when he picked it up he thought it was not a half sovereign, and he thought his luck was in—he pays his cab hire to me every morning, he paid me 11s. 3d. on the morning of 15th July—he is not a night cabman, he is a long day man—he paid me with eleven shillings and three penny pieces, that was about 2.30 on Sunday morning, that was the close of the hire.
Cross-examined. He came in between 1.30 and 2 o'clock, and after he had paid he went out directly; I do not carry a watch, but I know it has before 2—he said twice that he found the coin, but not about putting it on the cab—I am not generally about three sheets in the wind between 1 and 2 o'clock in the night; I lie down in the stable and the men put their money in bags and give it to me sometimes while I am lying down—there are 20 men—I said nothing when he said he was going to make use of it—he walked away after he had given me 8s.—the coin had three eagles' heads on one side and there was a hole in it—I took one of the wings for a third head, but there are two heads and two wings—the prisoner came and spoke to the young governor first and then to me—I did not know the prisoner—the prisoner came into the employment on 27th June, two days before, he was at King's before that for five years, he had a very bad character, but the young master took him; I only know it by his license, on which the date is endorsed in writing instead of figures, and that means a bad character, that when he takes a cab out he does not give his master the money—I often receive bad money from the men—the date in writing, also means getting drunk and all like that—I am a teetotaller.
WILLIAM JOHN WEBSTER . I am Inspector of coin to Her Majesty's Mint—this coin is brass, and of less value than a good half-sovereign; it is an ordinary card counter, and has the Austrian double-headed eagle on it.
The prisoner received a good character.
NOT GUILTY .
NEW COURT.—Tuesday, July 31st, 1888.
Before Mr. Common Serjeant.
728. JOHN WILLIS GREGORY (36) to three indictments for forging and uttering cheques for 10l., 400l., and 25l., and to two indictments for obtaining money by false pretences. He received a good character.— Twenty Months' Hard Labour. [Pleaded guilty: See original trial image.]
729. GEORGE MOORE (37) to attempting to carnally know Margaret Wybron, a girl under the age of 13. He had been twice before convicted of similar offences.— Eighteen Months' Hard Labour. [Pleaded guilty: See original trial image.]
732. JAMES MOON** (23) to attempting to burglariously break and enter the dwelling-house of Edward Warner Goodman, with intent to steal.— Twelve Months Hard Labour . [Pleaded guilty: See original trial image.] And
733. GEORGE COLLINS (33) to stealing a brooch and other articles, the goods of James Kendal, his master; also to stealing two rings; also to three indictments for feloniously obtaining two watches by means of forged requests.— Twenty Months Hard Labour. [Pleaded guilty: See original trial image.]
MR. LAWLESS Prosecuted.
JOHN WADE . I live at Stoke-upon-Trent—on 13th March I was in Butt's Row, Whitechapel, entering Snider and Sons' factory, with a porter and two bags—three young men were there, and one of them came behind me, threw his arms round me, and I felt the chain of my watch go tight—I shouted as hard as I could, and got hold of him, and got him in front of me, but two other men came and wrenched him from me—the prisoner is the one I held—they made off, but just as I got off the steps one of them came behind me, and sent me over into the road—I got up and ran after them 300 or 400 yards, calling "Stop them; they have robbed me!" but nobody attempted to stop them—when they were out of my sight I missed my watch and pocket-book—my chain was hanging down, and the bar was picked up where the struggle was—the chain and pendant were worth about 2l. 10s.—on 23rd July I picked out the prisoner from eight or ten others—I suffered in one ankle from the fall, and had to rub it with oil.
RICHARD PERRIN . I am a waiter, of 59, Collingwood Street—on 13th March, about 2.30 p.m., I saw Mr. Wade with the prisoner in his arms; two other men went up, and the prisoner put his leg between Mr. Wade's legs and threw him, and all three ran away—on 26th June I was called to the station, and picked the prisoner out from a number of others—I have no doubt whatever of him—I saw the chain taken by one of the other two men.
Cross-examined by the Prisoner. I did not say that you were the man on the first examination, because I only gave sufficient evidence to grant a remand.
JOHN GORDON (Policeman X 143). On 24th June I took the prisoner in Whitechapel Road from a description I had on 13th March—I told him it was for being concerned with a man not in custody in stealing a spade guinea on 13th March—he said "I know nothing about it"—I put him with about 11 other men of a similar description, and Perrin picked him out—on the remand he was placed with other men at the police-court, and Wade immediately identified him.
Cross-examined. I brought several men to identify you before I brought Perrin, but that was for various other offences, not for this offence at all.
Prisoner's Defence. The prosecutor has made two different statements.
he said he believed I was the man, and then he said I was n it the one that took it, I was the one who got hold of him. I am innocent.
Mr. MASTERMAN Prosecuted.
ALBERT FREEMAN . I am a carman of the Great Western Railway Company—on 17th June, about 5 o'clock, I was in Friday Street, exactly opposite Blue Boar Court—I was at the horse's head, and saw the prisoner take a parcel from the tail-board of my van and take it up Blue Boar Court, where he could not get out—I watched at the entrance till a policeman came and took him, and the parcel was found 15 yards up the court—it weighed over 1 cwt.—he took it on his shoulder.
GEORGE GARDNER (City Policeman 615). A commissionaire fetched me and I took the prisoner, coming out of the court; he had nothing with him; he said "How could I take it? I have only just come from Cheap side"—I said "Let us go up the court and look"—I took him up the court and found the parcel and a packing-case 9 or 10 yards from where he stood—this is a portion of it; the clerk at the Mansion House let them have one piece as it was specimens—they were all produced at the station.
JAMES HENRY TRUELOVE . I am porter to Powell, Britton and Co., of Friday Street—on 17th July I delivered a parcel containing three pieces of linen and one piece of sheeting, value 6l. 10s., to the Great Western Railway.
Prisoner's Defence. I was passing through Friday Street, and just as I got opposite this carman he turned round and accused me of taking a parcel from his van; I denied it. I have a sprained wrist and could not carry it.
ALBERT FREEMAN (Re-examined). The tail-board was 4 or 5 feet from the ground and nearly level with the prisoner's shoulder; there was no other parcel on it, there had been three, but I had taken two off—I should say it weighed over 1 cwt.—I could easily carry it, but I had to ask a man to give a chuck up with it when it was on the ground.
He then PLEADED GUILTY** to a conviction at Clerkenwell on 9th May, 1887.— Eighteen Months' Hard Labour.
MR. GRIFFITHS Prosecuted.
FREDERICK WILLIAM ROBINSON . I am manager of the Royal Oak Hotel, Bayswater—on 10th July, about 9.10 p.m., the prisoner brought me this letter, and said he had to wait for an answer, "29, Pickering Place, 7th July, 1888. Dear Sir,—Will you oblige me with change for the enclosed, which I have just received from Dr. Wall, of 98, Bishop's
Road (Signed Thos. Fulcham, and enclosing a cheque for 7l. 5s., to Mr. T. Fulcham or order)—I knew Dr. Wall's father, and told the prisoner I would send the porter with an answer—he went out, but did not go away—the porter went out and brought me the money—some time afterwards I saw the prisoner outside the house, and three hours afterwards Mrs. Fulcham brought Mr. Fulcham and asked the prisoner if that was the gentleman who gave him the note; he said "No"—Mr. Fulcham then said "This man used to work for me."
THOMAS FULCHAM . I am a builder, of 39, Pickering Place, Bayswater—fourteen months ago the prisoner worked for me for a very short time—this letter is not in my writing—I did not receive this cheque from Dr. Wall; I did not send the prisoner or anybody else to Mr. Robinson to get it cashed—the endorsement is not my writing.
REGINALD BLIOH WALL , M.D. I live at Bishop's Road—this cheque is on my bank, but a different branch; this is not my signature, nor did I authorise anybody to sign it, or send it to Mr. Fulcham—I always sign "R. Bligh Wall," this is signed "Reginald B. Wail."
GEORGB WEIGHT (Police Sergeant). On Sunday morning, 6th July, Mr. Robinson and a constable brought the prisoner to the station, and I told him he would be charged with attempting to obtain 7l. 5s. by a fictitious cheque on the London and County Bank, Holborn Branch—he said "I thought it was a right one, a man gave it to me in Westbourne Park Road to get it cashed; he had a light coat on, I think I should know him again."
The Prisoner's Statement before the Magistrate. "I was in Westbourne Park Road. A gentleman came up to me in a light overcoat, and asked me to take this letter to Mr. Robinson; he took me down Pickering Place, and told me he lived at No. 39. I took the letter and waited for an answer. Mr. Robinson said he would send round his porter, I went to 39, Pickering Place, three or four times, and waited till 12 o'clock to see Mr. Fulcham. I knew no more of what was in that letter than a new-born child." The prisoner repealed the same statement in his defence.
NOT GUILTY .
MR. GREENFIELD Prosecuted.
CATHERINE MARY MEWETT . I am the wife of Edward Mewett, a carpenter, of 36, William Street, Notting Dale—on 21st July I was the last person up, and when I went to bed at 1.5 or 1.10, the doors were bolted, and the windows shut—the catch of one window was broken, but the window was shut—I got up at 6 a.m.; I was the first person up—the top of the kitchen window was pushed to the bottom as far as it would go—a dress was lying on the floor; I missed four aprons, two pairs of drawers, and a curtain—a shirt is still missing—they had been on the board where I iron, four or five feet from the window, and I think a man might have reached them—an iron bar with a hook to it was picked up in the garden.
saw the prisoner entering a public-house on Notting Hill—I said "I want you, where are you living?"—he said "13, Bangor Street"—I said "What room?"—he said "The first floor front"—I handed him over to another officer, I went there and found these four aprons, two pairs of drawers, and the curtains, some on the bed, and some in a drawer—he lived there with a woman named Mack, who was in the room—I took the things to the station, and said to the prisoner "I have found these things in your room; you will be charged with committing a burglary at 37, William Street, this morning and stealing this property"—he said "1 don't lire there, it is not likely I should have told you I lived there if these things were there".
Cross-examined. I took you for failing to report yourself on your ticket-of-leave—I arrested the woman, and she said that you brought the things into the room. (The Grand Jury had ignored the bill against Mack.)
MART DALEY . I keep a furnished lodging-house at 13, Bangor Street—the prisoner and a woman named Mack occupied the first floor front nearly a week, as husband and wife—I did not see him very often—I am married, and live at No. 6 in the same street.
Cross-examined. I saw you there the day before the robbery. The prisoner in his defence stated that Mack, who had sheltered him, had owned to the offence, and contended that it was not likely that he should have anything to do with it, being under ticket-of-leave.
GUILTY on the second Count.
He then PLEADED GUILTY** to a conviction at this Court on 10th January, 1881, when he was sentenced to Eight Years' Penal Servitude.— Two Years' Hard Labour.
THIRD COURT.—Tuesday, July 31st**, 1888.
Before Robert Malcolm Kerr, Esq.
MR. MEAD Prosecuted.
EDWARD THROUGHTON . I am sub-inspector in the Hackney Carriage Department at Scotland Yard, where licences are granted to hackney carriage drivers—this licence (produced) was issued by me on 21st January, 1888, to Charles Beeston—I produce a copy of the register—I find the licence was first granted on 13th January, 1885, and has been renewed year by year—this licence has been altered so far as the description is concerned; the original was "56 years of age, 5 feet 6 inches high, blue eyes, brown hair, fair complexion"—I can not recognise the licensee personally—the address was 95, Westmoreland Street, Pimlico.
EDWARD TURNER . I live at 95, Westmoreland Street, Pimlico—a cabdriver named Charles Mills lodged with me from 1883 to 1888—he did not pass in my house as Beeston; I know his cab licence came there addressed to him in that name—he died on 2nd March, at my house.
May—I endorsed the licence when I took him, and when he left—I kept the licence and gave it up to him when he left—the prisoner passed with we under the name of Beeston.
ALFRED CHARLES HARDING . I am the son of the last witness—I recollect the prisoner driving for my father—when he left I gave him this licence back—I handed him a summons for loitering, which had been left at our yard.
EZRA FARMER . I am the son of Mrs. Ruth Farmer, a cab proprietor—I engaged the prisoner as a hackney carriage driver on 1st June—he produced this licence, which I kept while he was in my employment, and gave it to the police afterwards—he passed under the name of Beeston; he signed the agreement in that name.
JAMES SIMPKINS (Policeman C 77). I took out a summons for loitering, which the warrant officer left at Mr. Harding's for the prisoner—I saw the prisoner driving a cab on 17th May—on 4th June I fetched the licence from Mr. Farmer.
PHILIP MCCARTHY (Policeman C 116). I apprehended the prisoner on 14th June for loitering on 17th May—the warrant was taken out for not obeying the summons—at the police-station the prisoner gave the name of Alfred George North, of 15, King Street, Chelsea.
JOHN JONES PARKER . I am an Inspector of Police and Chief Inspector of the Hackney Carriage Department—I was present at Marlborough Street Police-court, when the prisoner was charged with loitering—I examined this licence and noticed the erasures.
The prisoner in his defence said he was innocent of the forgery, but that the licence was given to him as it now was, and that he had uttered it.
GUILTY of uttering .— Fourteen Days Hard Labour.
MR. PARTRIDGE Prosecuted; MR. KEITH FRITH Defended.
Cross-examined. I had had a little drop of drink—children were throwing mud and stones at me; there must have been some people round me; I don't know how many—I don't remember that when I said I had lost my watch some people said I had got it in my pocket—I don't remember accusing a woman of having stolen it, or that she struck me because I said she had stolen it.
By the COURT. I saw the man come next to me and pull my watch out—I don't remember much; I had had a little drop; I can't remember what I did then.
ALICE MIDDLETON . I live at 12, Devonshire Street, Mile End—on Thursday, 28th June, I was coming down St. Peter's Street, and saw this man and woman following the gentleman; the man kicked him on the leg and knocked him on the arm, and the woman said "Go for it," and the man went for the watch and chain; he then went into a house in Devonshire Street—I went after him; the woman came after me, and said "Did you see him take the watch?"—I said "Yes"—she afterwards
came to my house, and said "If they come, say you don't know about it"—I next saw the prisoners at the police-station, and identified them.
Cross-examined by MR. KEITH FRITH. I did not pick Johnson out from other men—he did not complain that it was unfair not to put him with other men—Mrs. Salmon, who did not see the watch taken, but heard all Brown said, did not come up to pick Johnson out—I had never seen Johnson before.
Cross-examined by Brown. I first saw you in St. Peter's Street—I followed the man with others, and was watching—you told the children to go on pelting the man—a plain clothes constable came up and asked what was the matter—I don't know why I did not tell him the man had stolen a watch and chain, and had run into the house—the detectives searched the house, and could not find the prisoner; I told them as soon as I saw them, and after that you came to my house, and told me to swear I did not know him.
SARAH SALMON . On 28th June I saw the prisoners follow the old gentleman up St. Peter's Street, and knock him down outside St. Peter's Street Church—Brown then said "Go for it," and he went for the watch and chain, and ran into 133, Devonshire Street—I was standing outside the door, when Brown said to me "What are you watching my house for?"—I made no answer; I stood there; afterwards I saw them at the station—I did not recognise Johnson, because his face was swollen and scratched; I recognise him now.
Cross-examined by MR. KEITH FRITH. Johnson was placed among a number of others I got from the street, answering his description, about the same height and age—he was not in the dock when Middleton identified him.
NOT GUILTY .
MR. PARTRIDOE Prosecuted; MR. K. FRITH defended Johnson.
HARRIETT HOLLAND . I keep the Dolphin beerhouse, Devonshire Street, and am the wife of Charles Holland—on 13th June the prisoners came in with others—Johnson and another man had two halt-pints of ale in my private bar—Brown and Clements had a pint of ale between them, and another man had a glass of ginger beer—during that time a man not in custody went round the bagatelle room and came through the house, and to my surprise I saw him coming out of the parlour door—I called to my daughter—the man took the money out of the till, and Johnson assisted him over the bar and took something out of his hand—I asked Clements and Brown to assist me in stopping the man, and they said "All right, Miss, don't upset yourself"—they did not stop him—the man went away—I recollect the three prisoners as the persons I saw in the house—I afterwards saw and recognised them at the police-station.
Cross-examined by MR. K. FRITH. I saw Johnson assist the other man over the bar—I met him in the street a week after, but I could not take him into custody—he said at the station when I picked him out that
he had passed my house two or three times every day since the robbery, and he called my attention to the fact that he had met me on one occasion—he said "Why did not you give me in charge when I passed?"—I told him because there was no policeman at hand, and it was no use my trying to detain him—I said nothing about being too busy—there was only one man on the side where the thief jumped over—Clements was on the public side with Brown and another man.
Cross-examined by Brown. You came in with Clements and another dark man with a black coat—the room where the money was stolen was behind me—I don't know if I was talking to you and the man—I caught hold of his coat, and he hit and kicked me—you all five came in together, and you said to Johnson and the other man as you were coming into the private bar "I don't want to drink with you; I will go by myself"—you were all together—I did not lock you up because I was so upset, and Clements said "I will kill any b——man or woman either that tried to stop me"—I gave the matter into the hands of the police—you have been in my house several times—I picked Johnson out from a number of other men.
JOSEPH SUPER (Policeman HR 32). I took Clements—he said at first he knew nothing about it—he commenced to struggle—King was with me—on the way to the station Clements said "I was there talking to the woman," and he said something which King took down in writing.
Cross-examined by Clements. The woman recognised you.
FREDERICK KING (Policeman H 207). Clements said to me (I took it down in writing) "Have you seen me do anythiug this morning?"—at the station he said "I was at the beershop with Dark Dick and them when the job was done, but I did not have any of the money, so help me God.
NOT GUILTY .
MR. PARTRIDGE Prosecuted.
HENRY TRISTRAM VALENTINE . I live at the Parsonage, London Hospital—between the night of the 1st and the morning of 2nd July my house was broken into—the doors were locked the night before; I cannot speak to the windows—this sheet is mine.
ELLEN WILLIS . I am cook to the last witness—on Sunday night 1st July, I securely fastened up the windows with the exception of one small side window—in the morning I found a window open and missed a clock and sheets and other property—this is one of the sheets; it is my master's property—it was safe the night before at half-past 10.
JOSEPH SOPER (Policeman HR 32). I found this sheet on the prisoner at the police-station on the morning of the 2nd—I saw he looked rather bulky about the stomach, and I undid his coat and waistcoat, and found this sheet was round his stomach underneath his braces—I said "How do you account for this?"—he said "My mother gave it to me"—I said "Your mother has not got things like that, has she?"—he said "To tell you the truth a very tall man gave it to me this morning in Mile End coming along"
—we had followed the prisoner up the Mile End Road; there was no man there.
FREDERICK KING (Policeman II 207). I was with the last witness—the prisoner said "I will tell you the truth; it was given to me to sell by a man named Sampson, about six feet high, in the Mile End Road; he gave me sixpence to carry it; I should not have done it, only I was hungry; I don't know where he lives"
He then PLEADED GUILTY** to a conviction of felony in January, 1882, at Winchester.— Twelve Months' Hard Labour.
MR. PARTRIDGE Prosecuted.
EVERARD HOME COLEMAN . I am Assistant Registrar-General of Shipping and Seamen—on 18th July I left my office at 4 p.m., and went through Cross Lane into St. Marriott Lane; when I got to the corner I was surrounded by three or four men, of whom the prisoner was one—I had a bag in one hand, and an umbrella in the other—I was wearing a watch and chain—the prisoner made a tug at my watch—I think I closed my arms, and he had to make a second pull at it—I saw his face—another man struck me in the chest, and a third put his legs into mine, and tripped me up—I got up, raised a cry, and followed the prisoner, who went down St. Mary Hill steps—some gentlemen gave chase, and eventually he was stopped; an officer came up, and I accused him of taking my watch—I was not hurt—this is my watch; it has my name, and an inscription on it.
Cross-examined by the Prisoner. I did not see you with other men, because you came up immediately I got to the corner—I saw you running away with the one that tripped me up—I did not see you with him before—you used no violence to me; the other one did.
THOMAS DOUSE (City Policeman 807). I saw the prisoner in company with three other men whom I had previous knowledge of on this afternoon; I followed them into Arthur Street East—they loitered a few minutes, and went round by St. Mary-at-Hill to a doorway into the Coal Exchange, apparently hiding themselves—they went to Hart Lane, and round to St. Dunstan's Hill, loitered a few minutes, and then I missed them—all at once I heard a cry of "Stop thief"—I saw the prisoner running from the direction of the cry, and the prosecutor running with others—I gave chase, and with others stopped the prisoner, who became very violent—Mr. Coleman came up, and said "This man has stolen my watch and chain"—the prisoner said "You have made a mistake"—we took him; he was very violent—this watch and chain, which was identified by Mr. Coleman, was in the prisoner's trousers pocket.
Cross-examined. I said to the gentleman who stopped you outside the Custom House, "All right, Johnny, you have got the right one."
The prisoner in his defence said that a man passed him and dropped a watch and chain in his pocket, and told him to take it back to the prosecutor.
GUILTY . The prisoner was further indicted for that he was convicted of felony in June. 1887, at the Sessions House, Clerkenwell Green.
hard labour—this is the certificate—I have not the least doubt that the, prisoner is the same person.
GUILTY. **— Eighteen Months' Hard Labour.
MR. POLAND and MR. MEAD Prosecuted; MR. FILLAN Defended.
The prisoner received a good character.
NOT GUILTY .
744. WILLIAM JOHNSON PLEADED GUILTY to forging and uttering an accountable receipt, and also to unlawfully obtaining, by false pretences from Thomas Francis Blackwell and others, a banker's cheque for 80l. 4s., with intent to defraud, and to other counts charging similar offences.— Judgment respited . And
745. WILLIAM STOWERING* (18) to breaking and entering the dwelling-house of James Walker, and stealing a book and a brush; also together with FREDERICK HOCKING (18) to breaking and entering the warehouse of William Young McQueen, and stealing two coats and other articles, and 2l. 18s. 11d.; also to being found by night with house-breaking implements in their possession.— Twelve Months' Hard Labour each. [Pleaded guilty: See original trial image.]
OLD COURT.—Tuesday, July 31st, and
NEW COURT, Wednesday, August 1st. 1888.
Before Mr. Reecorder.
746. FRANCIS JOSEPH TURNER (22) PLEADED GUILTY to forging and uttering an order for the delivery of goods, also to obtaining from Sir John Bennett six watches, chains, and other goods by false, pretences.— Twelve Months' Hard Labour.And
WEBB and SMITH PLEADED GUILTY .
MR. LEWIS Prosecuted.
EMILY GUSSON . I am cook to Mr. Samuel Sturgess, of 38, Brunswick Gardens, Kensington—on the evening of 26th July I went to bed at 11 o'clock—all the doors and windows were fast, especially the window of the smoking-room, in the basement near the window was a table close under the window, upon which were six pairs of boots belonging to my master—anybody putting a hand through the window could reach them—there are upright bars outside the window, I came down at halt-past 7 o'clock in the morning—I found the window of the smoking-room open and the boots gone, these three pairs of boots (produced) are some of those I missed—one of the bars had been tampered with.
ROBERT MARKHAM (Police Sergeant X). At 7 a.m. on 20th July, I and two other officers went to the top-floor back room at 31 St. Catherine's Road, Notting Vale—I there saw Hay and a female—under the bed I found this sack containing six pairs of boots, these produced are three
of them; another officer arrested Hay—I took possession of the property—I then went to 50, St. Clement's Road, where I arrested Webb and ok him to the station, when Webb and Smith said in Hay's presence "You have got us straight, it is no good to deny it, we pushed open the window early this morning and stole the boots from a corner house in the Mall"—I afterwards went to 38, Brunswick Gardens, and examined the window of the smoking-room, the catch had been forced back—there was a mark on the catch and also on the woodwork—the window was broken so that the boots could be pulled through.
JAMES BROWN (Policeman X 421). At 7 o'clock in the morning of 27th July, I apprehended Smith at a common lodging-house in Bangor Street, about quarter of an hour's walk from the prosecutor's, he was by himself—I took him to the station, he there said in Hay's presence "What is all this for? I know nothing about this job," and in answer to the charge he said, "We did not go inside the house, we took the boots from outside"—about half-past 4 that morning I was on duty in Bangor Street, I saw the three prisoners together in St. Clement's Road—they went into a common lodging-house, No. 12, Bangor Street, about half a mile from the prosecutor's house, where I lost sight of them—I did not see them again till they were arrested, one of them appeared to be carrying something under his arm, it was not large enough to hold six pairs of boots—I know the three prisoners very well.
STEPHEN WEIGHT (Policeman XR 47). I was with the last witness, I arrested Hay and was present when the boots were found under the bed—he said "I know nothing about the job, and I never knew the boots were there"—the prisoners did not live together, all three lived in different places.
Hay's defence. I know nothing about it, I was out looking for work.
HAY.— NOT GUILTY .
MR. LEWIS Prosecuted.
FREDERICK JORDAN . I am a boot-maker, of 7, St. Helen's Gardens, North Kensington—on 18th July I went to bed about 20 minutes past 11 o'clock, I was the last up—I fastened all the doors and windows—I came down next morning at quarter past 7, I found the parlour door and window open, and missed a timepiece, a gold watch and chain, a locket and chain, a brown ulster, some bracelets, an opera glass, and a bonnet belonging to my wife—this (produced) is the bonnet, it was safe in the back parlour the night before—I have not seen any of the other property—the value was about 8l.
Prisoner's Defence. It was brought to my room by Webb, he said he found it in a field; I wish to call him and Smith.
JOHN WEBB (A Prisoner). I pleaded guilty to the last charge—I found this bonnet in Salter's fields and took it to Hay's room and left it there—I told him where I had found it, Smith was with me when I found it.
Cross-examined. I am living with a sister of Hay's.
JAMES SMITH (a Prisoner). I have known Hay about two months—I was with Webb passing through Salter's fields, he said "Here's a bonnet, I will take it home"—he went with it to Hay's room, I left him at the corner.
GUILTY of receiving .— Nine Months' Hard Labour. WEBB and SMITH were also sentenced to the same.
MR. DOUGLAS Prosecuted.
JOHN BAKER . I live at Kingsbury Lodge, Birmingham—I am a gun maker—on 16th June last I advertised a gun for sale in the Field—I wanted 6l. 15s. for it—on 20th June I received this letter—(This was signed E A. Green, requesting the gun to be sent, which if not approved should be returned, carriage both ways to be paid). At the same time I received this card, "E. A, Green, fishing tackle and cutlery, 3, Mansion House Street, Hammersmith"—on receiving this on the 21st I forwarded the gun on the faith of the letter and the card, I thought Green was carrying on a respectable business—on the 27th I received this post card "Will keep gun, and will call on you and dear up. Yours, E. A. Green. "He did not call—I wrote two letters and three telegrams, but got no reply—I then came to London and put the matter into the hands of Inspector Morgan—this is the gun.
EVALINE JAICO . I am the wife of Felix Jaico, an engineer, of 3, Mansion House Street, Hammersmth; we rent the whole of the house—the prisoner occupied a bedroom there at is. a week—we always called him Mr. Francis, but he did business in the name of Green—he had no shop; he had packets and communications in the way of business—I received them—no customers came to buy things—he left suddenly about 9th July—I took in a gun for him; it was addressed to him; I paid "the carriage—he told me afterwards that he had sold it, but that he had not had the money—I know his handwriting—these documents are his writing—he owed us rent when he left.
HARRY MORGAN (Police Inspector T). I arrested the prisoner on 11th July at Chiswick—the warrant was for the apprehension of E. A. Green—I asked him his name, he said "Standford Tuczek"—I read the warrant to him; he made no reply.
Cross-examined by the Prisoner. You told me where the gun was—you did not try to conceal anything.
GEORGE HENRY BAGUS . I manage the Builder's Arms public-house, Hammersmith—on a Monday in June the prisoner came to my house with this gun, and asked 8l. for it—I said it was no good to me, I would not give 4l. for it—I lent him 30s. on it then and a sovereign on the Tuesday—I kept it behind the bar—I showed it to all my customers and gave it up to the prosecutor directly it was applied for.
ARTHUR BENN . I am a fishing-tackle maker and live at Longside, Aberdeenshire—I inserted an advertisement in the Fishing Gazette, and on 23rd April I received this letter referring to it. (This contained an order for various articles connected with fishing.) There was no card with it—I thought this was a bond fide order from a tradesman, and I complied with it and sent the things on the 25th; on the 29th I received this letter. (This was signed E. A. Green, and acknowledged the receipt of the
articles and ordered others.) I complied with that order—I had not up to that time received any payment—I asked for a reference, and he sent a reference to the London and County Bank, Hanover Square branch—I had sent the goods before referring to the bank—I believed he was in a position to refer to the bank—the articles I supplied came to 4l. 13s. 10d.,—he never paid me—I wrote about it and then handed the matter to the police—I received a further order after the reference—I did not send that.
STANFORD PERROTT . I am a fishing-tackle manufacturer, of 109, Fore Street, Kingsbridge, Devon—I inserted an advertisement in the Fishing Gazette—on 17th June I received this letter. (This requested a supply of fishing articles.) The letter was accompanied by a card of "E. A. Green, fishing-tackle manufacturer," with the same address as the last—I sent a telegram, and received a post-card in reply—I have never received the money or the goods.
The Prisoner's Statement before the Magistrate. "I got the gun in good faith, and would have paid for it only I had not time. I should have sold it before that day for 8l. if I had been at liberty. I had a customer for it. As to the other case I have nothing to say."
Prisoner's Defence. I lived at Mansion House Street eight months, and did business there in photographs, fishing-tackle, and pen knives.
MRS. JAICO (Re-examined). He had photographs come to him in packets—he said he sold them.
The Prisoner. The gun was sent to me on approbation—I wrote to say I would keep it, but the gentleman took out a warrant before he sent the invoice—I gave every information I could—I gave the banker's reference, because my father had a large account there for many years; I had no account there myself, but I thought if I gave his name he would give me credit.
GUILTY . **— Five Years' Penal Servitude.
MR. LYNN Prosecuted; MR. GEOGHEGAN Defended.
FREDERICK WILLIAM DAVIES . I live at 1, Letherstone Road, Fulham—I am a clerk at present in employ—I was in the defendant's employ on two occasions—on the first he was trading as Smith and Co., 42, Essex Street, Strand—I left that employ in September, 1887—I re-entered his employ three weeks or a month afterwards; he was then trading as Blackie and Co., 1, Denman Street, London Bridge—I left finally in April, 1887—my wages were then about 13 weeks in arrear, at the rate of 30s. a week; that would be 19l. 10s.—in order to obtain that I placed the matter in the hands of Mr. Gedge—on 2nd March I saw Mr. Gedge, who showed me this letter, which is in the defendant's handwriting. (This contained the alleged libel; it stated that the prosecutor's claim of 9l. was a deliberate charge of blackmail, to which he should add the charge of
forgery and embezzlement on the part of the prosecutor.) I had many opportunities of seeing the defendant's handwriting; I will swear this letter is his writing.
Cross-examined. I consulted Mr. Gedge as to the recovery of this 19l. 10s.—he did not suggest that I should take criminal proceedings; I thought it my right to vindicate my character—it was not a concoction between me and Mr. Gedge—I am not going to take a civil action to claim damages—I took the police proceedings because it is the cheapest; I don't want any damages—I did not know that by taking civil proceeding he could be heard—Mr. Gedge did not tell me so—I was present when Mr. Gedge opened the letter—if he had burnt it, probably no damage would have been done to me—I don't think it was Mr. Gedge'a suggestion that I should prosecute; it was my own idea—I did not go and see the prisoner on receiving the letter—it did not provoke me to a breach of the peace—I am not aware that my mother went to see the prisoner before he gave me a character—I don't know that she asked him not to prosecute me—my mother is here.
Re-examined. If she did go to see the prisoner on such an errand it was not by my authority.
HENRY JOHN GEDGE . I am a solicitor, of 26, Ludgate Hill—in March this year I was engaged on behalf of Mr. Davies—in consequence of his instructions I wrote a letter to the prisoner, and in reply I received the letter in question—I called the prosecutor's attention to it.
GUILTY . —Two Days' Imprisonment and fined 25l.
MR. GEOGHEGAN Prosecuted,
CAROLINE EDWARDS . I live at 35. Slater Street—I know the prisoner's handwriting—to the best of my belief this letter is his writing. (This letter accused Overton of various offences, amongst others an unnatural offence.) JOHN NELSON OVERTON. I live at 10, Sandy Row, Bishopsgate—I am in Mr. Woolf's service—I know the defendant's handwriting—to the best to my belief this letter is his writing—the statements contained in it are untrue—I do not owe any rent.
GUILTY . To enter into his own recognisance in 10l. to keep to the peace, to come up for judgment if called upon.
753. WILLIAM ALLISON, ALFRED EDWARD TERRY, JOHN C. HARVEY, JAMES JUDD, WILLIAM JAMES JUDD, GEORGE HENRY JUDD, ANDREW MICHAEL CREAGH , and RAYMOND RADCLYFFE were indicted for unlawfully publishing a libel of and concerning Henry Brougham Doughty.
MR. COSTELLO Prosecuted; MR. BOWEN ROWLANDS, Q.C, with MR. H. C. RICHARDS, appeared for Allison, Harvey, and Radclyffe, and MR. BESLEY, with MR. ERNEST BEARD, for the other defendants.
I was 14 years and 3 months old—I came to London in February, 1874, and went into the employ of John Maple and Co., of Tottenham Court Road—I was in uninterrupted situations down to my marriage in July, 1877—the person I married was a widow, who had a milk business—I took a part in the conduct of that business—I introduced the glass trade into London; that was at 3, Southampton Buildings—I personally worked in the business—I made the welkin ring by verbal advertisements—I attended in the shop—I went round with the milk to customers with the yoke on my shoulders—I was separated from my wife in September, 1884—since that I have been earning my livelihood by the milk business—I am a Liberal in politics—that party protested against the prison policy of Her Majesty's Government, and in 1887 I took a strong view on these subjects, and in May, upon the anniversary of Her Majesty's birthday, being then and now a member of the Holborn Liberal and Radical Association, I inaugurated a mass meeting on Mount Pleasant, Clerkenwell, and in August we commenced mass meetings in Hyde Park on Sunday afternoons, up to 23rd October—Mr. Dadeboy Naroji, a Parsee gentleman, was introduced to me by Dr. Gould president of the Holborn Association—he contributed money and speech—the Rev. Stewart Headlam, Mr. Beal, and others were associated with me—Mr. Teage, barrister-at-law, was treasurer of the Association—this was developed into the Anti Coertion Committee—money was collected from the masses at the meetings, and was sent to the Metropolitan Radical Federation—Mr. Loban was acting as chairman and treasurer of the meetings—the money was used for the objects I was working for—it was proposed that delegates should be sent to Ireland, merely to imitate the big Liberal leaders, a resolution was carried to that effect, and they gave me the wings to fly to Ireland—it was proposed that I should be the first delegate—I believe Loban was in the chair every Sunday; I believe I collected the bulk of the money in my hat—an account of the money collected was announced at each meeting; 30s. was the largest amount realised—Loban took the money and held it for the public—Mr. Wilfred Blunt was arrested on the 23rd October, and I started on 25th October—I addressed meetings in Ireland—I resided one evening at the Imperial Hotel, Dublin, the 12th November, and during the 18 days I was in Ireland I spoke at Drogheda, Louth, and other places—the total amount collected during eight weeks was 20l. odd., and I had 16l. myself—it cost me 4l. during the eight weeks for travelling, correspondence, &c.—Mr. Loban handed me statements of the sums collected, and the defendants have them—the amount was announced at a subsequent meeting; that was the only mode in which it was accounted; no other account could be made—I was arrested on the evening of 12th November—I was convicted of holding an unlawful meeting—I was sentenced to one month's hard labour, which I did in three gaols, Ennis, Limerick, and Tullamore, on account of the popular enthusiasm—I am none the worse for it—I was released on 15th December, and returned home on the 17th—I immediately went to Loban's address, 9, Harper Street, Theobald's Road, and had a conversation with him, and next day held a meeting, and raised about 6l.—that was the day of the funeral of one of the Trafalgar Square victims—the meetings were held on the same plan as before, and on 8th or 9th January the Anti-Coercion Home Rule Association was formed at 9, Harper Street, with Loban as chairman,
and bills were issued—there were about a dozen or 15 members—Mr. Naroji and the Rev. Stewart Headlam were elected on the committee—the majority of the members were working men—public announcements were made at these mass meetings with regard to the organisation of this body—Loban was named as chairman and a Mr. Smith as treasurer—I believe he attended the majority of the meetings, and Loban continued to take the chair at the public meetings until he was practically expelled on 9th February—we found him guilty of being in a state of drunkenness in Hyde Park—then Mr. Headlam was elected chairman, after going through the accounts, and he publicly stated every Sunday what he bad in hand—from 8th January to 19th February Mr. Smith acted as treasurer? and he held what was collected after 8th January—at the executive committee meetings the meetings were arranged and who should speak at them, and carrying on the correspondence with the executive of the Irish National League—the delegates were selected at those meetings, but they were elected publicly at the mass meetings—the committee agreed on certain terms, which were to be accepted by each nominee—one of the terms was that he should go at once and give up any work he might have—that was put to Lloyd in my presence, I offered that to the public in the first instance and it was accepted—Lloyd was sent on 2nd February, and he received 16l. for his expenses—after that Snelling was sent on hearing of Lloyd's arrest—the mass meetings have continued up to last Sunday, and the collections have continued—the Rev. Mr. Moll, as an outside spectator, has checked them; before that they were audited by Mr.Headlam—the books of the committee were accessible every day—I purchased this copy of the St. Stephen's Review at 21, John Street, Adelphi, the publishing office—it is dated 24th March, 1888—I have never derived any profit from this or any other political agitation—I did part of the work of the Liberals at the last election—I did not receive a farthing for it—I am not correctly described as "a plunderer of the poor"—I have not called these meetings for my own profit, or appropriated any of the subscriptions—up to the date of the libel of necessary expenses of the meetings expense of the 'buese from all parts to Hyde Park; that would amount perhaps to 4s. or 5s.—then there were banners, and sometimes a band—I have spoken at Hyde Park every Sunday in this year—the name of the Committee has never been changed—I don't think I ever told a lie—I have not paraded every suburban thoroughfare compelling ladies to give us pence—since April the masses have allowed us to appropriate the funds towards the sustenance of this prosecution—I have never been chairman or trustee; I have been merely a democrat, trying to do my duty—it is dastardly false to say that I fell out with hard work some years ago or that I have been supported by my wife in boosy idleness—for seven years I was a teetotaller; I have been merely a democrat, trying to do my since this libel, I have been advised by the Queen Square Hospital to drink stout, in order that my leather lungs might be sustained by Guinness's Dublin stout—I have not provided myself with many luxuries; I am just outside the workhouse—I am only here in a suit of clothes lent to me.
Cross-examined by MR. BOWEN ROWLANDS. I was never paid, except to
go to Ireland instead of working at my business—my wife had a milk business, and I developed it six-fold in about six weeks—I do not carry it on now—I carried it on for seven years until I left the premises in 1884—I sold a great deal of it, and went to another neighbourhood—I am managing a business now at 177, High Holborn; I am paid by the results, and have contracted with the actual proprietor that the place shall produce a sufficient profit not to cost him a farthing; it is a milk shop, registered under the Metropolitan Act, under the name of Neale Corbett—I realised a living by it up to the time of going to Ireland, since then I have been taking a great part in public work; election work and public speaking, committee meetings, and so forth—the committee meetings, as a rule, are held on Saturday evenings, and on Tuesday for the last three or four months—sometimes my speechifying is on a Monday evening; if I knew that you or any other Gladstonian would be at Deptford, I should go there, with a view of converting them; these Gladstonians are very weak-kneed—I use that as a term of reproach; I am an ultra-Gladstonian, not a sham one, the others are sham Gladstonians, bogus Gladstonians—I apply those terms to them as the St. Stephen's Review does to me, but I don't say that they reap any money by it—when I found my work was very slack of an evening, I thought, instead of going to places of amusement, I would go and do my duty as a politician—I believe since February the Deptlbrd committee have held their meetings on Tuesday evenings, at the place I lived at, in the room adjoining my shop—I keep one person in my shop—Mr. Loban was my fellow member of the Holborn Liberal and Radical Association, and you also, and he was a member of the Home Rule Anti-Coeicionists Society—it was not affiliated with any other London association; we are only four or five months old as an organisation—an association must have had sufficient length of existence to be affiliated, it is for experts to judge what length—Loban had to be dismissed, he was drunk about 7th February; that was an unusual occurrence in public—I have seen him the worse for drink once or twice—he was a member of the Holborn Liberal and Radical Association, of which you were vice-president—Dr. Gould, your colleague, introduced him to me—I do not belong to the Holborn Liberal and Radical Club, that was started when I was in Ireland—I applied, they refused because they were afraid I should come in with Loban—I found while I was away that Dr. Gould and he had a personal quarrel—I had a gold watch and chain, not a purse of sovereigns, presented to me the day after the date of the libel, I believe the testimonial was being prepared in January and February, and it happened to fit in as an answer to the libel—I presume the watch and chain were subscribed for before—since this prosecution was instituted, I have heard various things of Loban—I only heard during this prosecution, and from those who profess to be his friends, that he had been in prison—Dr. Gould, the Gladstonian candidate, introduced him to me in December, 1886—some say he was in prison for two or three months, some for two or three weeks—I have no idea what it was for—I did not inquire, I had done with him on 9th February—I heard he had been convicted in a criminal court for some offence against honesty, I should say several years ago—Loban never lived with me—from 8th or 9th January to 24th March I wished to remove the impression from your mind that I was never a delegate of the Anti-Coercionist Home Rule Committee—I was not appointed by any public meeting or organisation prior
to 9th January—I should think, up to 24th March, the executive and general committees taken together were about 30 strong, all told—I entertain very strong political views—I don't think I use rather strong political language; I am not what you call a violent speaker—those that libel me I am in the habit of calling "vile miscreants" in public—I don't think "contemptible liars" is my phrase—it a man was a liar he would be a vile miscreant—I don't think I used the term "plunderers of the poor," as applied to the Duke of Westminster—I call the Irish land lords that—I have used the term" ruffians "for them—it has been my habit to say that some Irish absentee landlords live in luxurious idleness on a good deal of what the poor ought to have, and that they are found in luxuries and follies by those who don't assert their own rights, by the rack rents—I took these proceedings to clear my character, and to punish the offenders—it was the Rev. John Clark who suggested criminal proceedings—I said at a Hyde Park meeting lately that I wanted the nine creatures to stand at the bar of the Old Bailey—that was not my main object in adopting this form of prosecution, it was to clear my character and punish them for their criminal offence—I said I wanted to send these people to gaol unless they made an adequate apology and paid the costs of the prosecution.
(MR. BOWEN ROWLANDS here said, in reply to MR. COSTELLO, that he was willing now to offer an expression of regret, and to say that it was never intended to charge any offence of a criminal character against the prosecutor.) The course of this prosecution has driven me to the workhouse—if the costs of the prosecution were paid I would propose, after deducting for my loss of time and my solicitor's bill, to hand them over to the people who subscribed—the people in the mass meetings know me—I summoned somebody for biting me at one of Mr. Richard Chamberlain's meetings—that summons was dismissed; I was bitten in the dark and could not identify the Brummagem biter—I went to Ireland and to 43, O'Connell Street—I was directed to the Imperial Hotel and slept there one night; I dined there the last evening I was there in company with various of your Gladstonians—since the practical expulsion of Loban the committee meetings of the organisation have been held at my house—Lloyd lived there from about l✗the or 12th April to after the libel—I went to Ireland to help with reference to protestations against evictions—I did not take all the furniture away from my own tenant and make him and his child sleep on the floor, not in the way you put it—my tenant owed me 5l. or 6l.—I seized his goods when he told me he would not pay me, and dared me to do my right. Q. Did you at the same time owe your landlord 50l.? A. That was altogether between us, a dispute between us—I paid him beforehand, I would not pay him twice—my tenant said he would not pay me because of a dispute between me and my landlord—my tenant had not a counter claim against me, and never said he had; I had against my landlord—he was a cripple as regards a physical development, but he was an expert master tailor—Loban, as my agent, employed a broker for me to evict this man—before I went to Ireland I went round with the hat and called out the amount of the collection—there were two or three collections before I went—a man would take the hat round, but never touch the coins; he would have the eyes of the public on him; he would come to the platform, and in a promiscuous manner dash the coins on a newspaper, with the eyes of the public still on him I hope—then it was
given to the treasurer, and the amount would probably be announced to the meeting and entered in a book—the Rev. Stewart Headlam audited the accounts when the society was only a month old; he had warrants for payment; slips of paper with the amount of the collections and the chairman's signature, and that would be copied into the minute and treasurer's book, and then the auditor would see the warrants and the minute book—supposing I wanted to go to Stoke Newington, the treasurer would pay me 6 1/2 d. for my fare, and take my receipt for it—there could not be any voucher as to receipts at a mass meeting; if you went round with a hospital box it would be the same—Rev. Stewart Headlam's auditing was adding up and a surveyal of all that was before—he signed this balance-sheet, it is a summary; he would necessarily peruse various vouchers—I heard the treasurer examined last time; he did not say the vouchers were at home and were not produced to Rev. Stewart Headlam—his name is Smith; I attended with Hammer—I got no more money in Ireland, certain Irish friends kept me after my 16l. had been spent, but I had no public collection—my contract was that I was to exercise my birthright of free speech for 16l. for 14 days, and I travelled about 100 miles every day; I was to keep on doing it till I was cleared—I believe Lloyd gave up his work on the Saturday before going to Ireland on the Tuesday—Loban is an accountant, land agent, house agent, &c., &c., too numerous to mention—I believe Lloyd was what you call an unskilled labourer; he would earn about 25s. or 30s. a week as a casement maker, or something of that kind; on account of this libel he was unable to obtain any work—I am at work now, but I don't earn enough to live on without the assistance of my friends, through this libel—the milk business had not gone to pieces before the libel—I have fallen into a state of insolvency through litigation with my land lord; I said at Bow Street "In consequence of my political principles, and other unhappiness, I fell into a state of insolvency"—that is true—attribute my insolvency to my political principles, so far, not absolutely; it made matters worse; it was just this, through one thing and another, through the coercion of some of my friends, I went to the meetings more.
Cross-examined by MR. BESLEY. I assented to Mr. Lewis allowing Mr. Harvey, the secretary of Messrs. Judd and Co., Limited, to appear alone before Mr. Vaughan—Messrs. Judd and Co. were summoned as the printers of the libel—I understood that one or two were not in England at the time; and the Company being a limited Company, being subject to a fine if found guilty, I said two or three would do as well as four or five; I did not know them personally; I did not hear Mr. Vaughan say that I should not continue the prosecution against the printers—I heard you address Mr. Vaughan on the legal aspect of the question—I might have heard Mr. Vaughan say what you suggest, but I might not under stand; I am not a lawyer, only a working man—I bought this copy of the paper about the 8th, 9th, or 10th April—I believe that was the first time I bought a copy—I believe I looked to see who were the printers, and I went to the Phœnix Works to ascertain who Messrs. Judd and Co. were, and I was introduced to Lieutenant-Colonel Creagh; I believe that was on the Monday after I bought the paper, I don't think I had seen my solicitor in the interval—I did not try to buy a copy of the paper there—I learnt that they were printers of a number of other papers, but I am
yet to learn that they can reap a profit out of libelling my character with impunity; I believe they are only printers, not publishers, but they were co-accomplices in the alleged crime.
Re-examined. I have never had a tender of expression of regret from the printers in this matter—the Magistrate committed the printers with the publishers, and held that they were liable—this is the paper I bought on 9th February, 1888—this is Mr. Headlam's, the treasurer's, audit of the committee up to the date of the libel; it contains entries of the sums announced collected at the time—up to the date of the libel there were no subscriptions, only collections, except, I believe, Mr. Naroji paid a guinea towards the cost of one meeting; but that was the only personal subscription—on 8th January 8s. was claimed for 'bus fares—the treasurer would pay that—the amounts paid to the treasurer would be announced at the next meeting—we reckoned the expenses of the delegates at 1l. per day—I travelled about 100 miles a day while in Ireland—a good deal of that expense was car hire—the tenant spoken of was not evicted, he gave up possession voluntarily in the presence of 193 E and other policemen—I had a counter claim against my landlord, and have still—he had a claim against me of about 240l., and I have a claim against him of about 300l., when he gives me his I think I shall be square—the lodger owed me 5l. 9s. at the rate of 6s. a week for a large room, out of which he sublet to a tenant at 2s.—I said "Preaching against landlordism in Ireland, I don't want to press you, if you will give half-a-sovereign towards the 5l. 9s. I will take it"—he said "I won't pay you anything because you are a Parnellite"—I said "As you have thrown the gauntlet down, neck or nothing I will have my due," but I gave him a recommendation to the Charity Organisation Society, as I thought the man was in poverty at the time; but I found that he had means and assistance from the Tory clubs to employ counsel—I put all the details before the mass meeting before I went to Ireland. and I said "Supporters of the Plan of Campaign, I demand your support," and they gave it me—I have used strong language about political persons—I called some of the defendants miscreants; that was after the publication of this libel, and in reference to it—I believe I spoke of a man who would libel me like that as a miscreant beneath contempt—what I said about the landlords represented my own opinion—I have never attacked the private character of political opponents unless they have made a personal attack upon me—as to Loban, up to the time of his expulsion on 9th February, he was a most respectable man; he was on the executive council of the Holborn Radical Association.
STEWART DUCKWOKTH HEADLAM . I am a Clerk in Holy Orders—I have taken an interest in politics—I am chairman of the Anti-Coercionist Committee—I have read the libel; it undoubtedly refers to the committee of which I am chairman, and to the prosecutor, Henry Doughty—I have known Doughty many years—I audited the accounts on 9th February, I think, before I became chairman—I found them correct—accounts have been kept and audited since—I probably attended some of the mass meetings out of which the committee arose before I became chairman; I won't be certain; I attended some after and before the libel—I spoke at three of the meetings; I took the chair at two—I saw collections made; they were made quite publicly and openly, just as is always the case at open-air meetings—this committee is a thoroughly bond fide organisation
—it did not represent an association of members other than mass meetings.
Cross-examined by MR. BOWEN ROWLANDS. I believe I was a member of the general committee before I become chairman of the committee—I suppose I became a member of the committee on the day I was elected chairman; that was on 10th February, I believe, the day after I audited the accounts; I won't be quite certain—there was no publication or advertisement of accounts that I am aware of—several papers were submitted to me for audit, statements in writing—Mr. Loban was not present, I had no connection with him—the meaning of "Cash in the hands of Mr. Loban collected prior to formation of committee, as stated by him, 9l. 14s. 3d. "Ipresume is that Mr. Loban stated to somebody, who stated to me, that he had received 9l. 14s. 3d.—I got that information from Mr. Hammer or Mr. Doughty. (The RECORDER here stated that there ought to be no difference about the audit; it was the best that they could do.) I consider this article untrue and objectionable; it is very weak, I think; the more people tell lies the more they weaken their case—it is abusive; strong is too good a word for it—I am an advocate of strong, not abusive language—the word robber, if applied to a person who does not rob, is abusive—I have applied it to the Duke of Bedford, as the owner of ground rents, certainly; I quoted Mr. Ruskin about people being divided into robbers, &c.—I don't know about living in luxury on that which really belongs to the poor; it does not belong to the poor, but to the nation—I don't know that the Duke of Westminster is in the same position, practically—the sentence you are quoting from refers to all owners of ground rents; it is Mr. Mill's theory of the unearned increment—Mr. Mill had applied to landowners an epithet to the effect of robbers—I don't consider "Plunderers of the poor" unduly strong; if a person is the plunderer of the poor I don't consider there is any harm in calling him so—I never called either the Duke of Westminster or the Duke of Bedford a plunderer of the poor; it is a well-known argument in political economy—I quoted "Let robbers rob no more, but rather let them labour," with reference to all owners of ground rents and values.
Re-examined. This minute-book has a resolution inviting me to audit the accounts: "Proposed by Harmer, seconded by Smith, that the treasurer's accounts up to date be closed, and that the Rev. Stewart Headlam be requested to audit the same, and that the accounts be published in the papers"—I don't know if the accounts were published in the papers.
By MR. BOWEN ROWLANDS. I never attended any meetings of the committee myself, only the meetings summoned by the committee.
SAMUEL HAYMAN . I am in the office of the Registrar of Joint Stock Companies—I produce the files regarding the defendants—the first subscribers to the Constitutional Newspaper Company, Limited, are directors, and among them are Raymond Radclyffe, Alfred Edward Terry, and Price Harris; they formed an executive council, with William Allison as literary manager, the registered office being at 21, John Street, Adelphi—I produce the file of Judd and Co., Limited; the directors are James Judd, George Henry Judd, William J. Judd, and Andrew Michael Creagh—there are six gentlemen holding a large number of shares—the last return was signed by John C. Harvey, as secretary.
Cross-examined by MR. BESLEY. The object of the Company was to carry on the business that had been carried on by Mr. Judd, to acquire the goodwill and so forth; they were printers, publishers, and so forth.
HARRY TRELAWNEY EVE . I am a M.A., Oxon., and barrister-at-law—for six or seven years I acted as honorary secretary of the Holborn Liberal Association, and since then as honorary treasurer—in that capacity I have known Doughty for seven or eight years intimately—I have never known any harm of him; I knew him as a respectable tradesman, and an enthusiastic politician—I was acquainted with the formation of this Anti-Coercion Committee; I discussed it many times with Doughty—some time this year I was put on the general committee—I have subscribed—I attended no meetings—as far as I know the committee was a bond fide one.
Cross-examined by MR. BOWEN ROWLANDS. I have seen Loban once or twice; I don't know him intimately—I did not know he was chairman of this association—I knew when the Rev. Stewart Headlam became chairman—I knew Mr. Hammer, the first secretary, I believe he was—I believe the committee has discharged its functions; I believe it is dissolved.
WILLIAM WILMAN . I am a working watchmaker, of Sherwood Street—from the very beginning I have been working chairman of the committee, but I was not vice-chairman till Mr. Stewart Headlam became president; he was not expected to take the chair—the committee held a meeting last night—I took the chair and signed the minutes—I generally took the chair at the Hyde Park meetings—collections were made openly—I announced them, and after every meeting I invited inspection—I gave the address, 177, High Holborn, and asked everybody who wished to come and see the accounts—there was a minute-book and an account-book.
Cross-examined by MR. BOWEN ROWLANDS. I was on the executive committee, and am now—I attended the meeting in the Park on last Sunday week—I do not remember Doughty making use of the phrase "Judas Iscariots" in describing his opponents—I would not swear to "contemptible miscreants"—he used strong language.
MR. BESLEY. at the conclusion of the case for the prosecution, submitted that there was no evidence to go to the Jury, and no jurisdiction in the Court to dispose of any indictment against James Judd, George Henry Judd, William Judd, Colonel Creagh, and John Harvey. He pointed out that the printers of the "St. Stephen's Review" (Judd and Co., Limited) were a trading company, incorporated under the Companies' Acts, and that the fiat of the Public Prosecutor only authorised a prosecution of the printer without naming any person or corporation as being the printers. By the Newspaper Libel Act individuals only were within its scope; express language was used to exclude corporations It was also clearly the intention of the Legislature that directors of corporations should not be prosecuted except for offences which they might commit against provisions in the Larceny Act of 1861 and the Companies' Act of 1862. It followed that if this contention were correct the directors of a corporation engaged in printing were not liable to indictment without proof of some individual part taken by the individual directors. A fortiori there was no ground for including the secretary of a printing company as a defendant.
The RECORDER stated he would reserve the questions as to the directors of the two incorporated companies, but he agreed with MR. BESLEY that as to Harvey, the secretary, he must be acquitted.
The Jury found HARVEY NOT GUILTY , and the other defendants.
GUILTY, but added that they did not consider the case ought to have been brought to this Court .— Judgment reserved.
NOT GUILTY .
754. JOSEPH COOPER (26) PLEADED GUILTY to forging and uttering a request for the delivery of silk, after a conviction of felony in March, 1888; in the name of Thomas Hawk; also to three indictments for forging and uttering requests for the delivery of goods, and to two indictments for stealing silk.— Eighteen Months' Hard Labour. And
THIRD COURT.—Wednesday, August 1st 1888.
Before Mr. Common Serjeant.
756. JAMES McCULLUM (37) and GEORGE SIMMONS (40) PLEADED GUILTY to burglary in the dwelling-house of Jonathan Marsh Talbot, and stealing a cigar case and a knife, his property.—JAMES McCULLUM— Ten Months' Hard Labour. GEORGE SIMMONS Twelve Months' Hard Labour. And
757. ALBERT MARTIN , to three indictments for forging orders for the payment of 3l. 8s., 6l. 8s., and another sum, with intent to defraud.— [Pleaded guilty: See original trial image.] Judgment respited.
MESSRS. MEAD and PARTRIDGE Prosecuted.
WILLIAM SIMPSON. I am an artist, of Mount Coldingham, Bannockshire—on 17th January I saw this advertisement in the Exchange and Mart, "60 good tools, saws, chisels, hammers, &c, cost 5l., take 30s. for the lot, apply Thomas Reeves, 16, Holborn, London, E.C."—I replied, enclosing a post-office order for 30s., and asking that the tools might be forwarded to me—I received this reply, "Workshops and Factory, Stratford, Essex, London, E.C. Thomas Reeves, Manufacturer and General Agent, Central Offices, 16, Holborn. Cheques crossed Charing Cross Bank. Sir,—Yours with postal order 30s. safely to hand, for which accept my thanks. Tools shall go by goods train on Wednesday. Yours truly, Thomas Reeves. "The tools did not come, and I wrote again, asking about the delay, and received this reply. (This stated that he was surprised that the tools had not been sent, but he was confined to his bed at home, and would order them to be forwarded from Stratford at once) I did not receive them, and wrote again and got this answer. (Dated February 18th, from W. Reeves, 91, Wick Road, Homerton, stating that Mr. Reeves was very unwell, and offering to return the money if the witness could not wait for the tools.) I then wrote this letter. (Asking for the return of the 30s. or the tools.) I received this answer. (From Thomas Reeves, 16, Holborn, stating that he was still unable to leave his bed, and expressing surprise at the tools not having arrived.) On 26th March I received this letter, (From the prisoner, enclosing a cheque for 30s., post dated 10 days, requesting the witness to wait a few days, and saying that the tools had been seized for debt.) I handed the cheque to the police, and have never attempted to cash it.
Cross-examined by the Prisoner. It was on the Charing Cross Bank. I did not pay it in.
Re-examined. I parted with the postal order because I believed the prisoner had the tools and would send them.
URWICK DAVIS . I live at Lyswen, Breconshire—in February or March I saw an advertisement in the English Mechanic, of 60 tools to be sold for 30s., by Thomas Beeves, 16, Holborn, and received this letter. (This was on a similar printed heading to the last, and stated "The tools shall be forwarded on receipt of 30s. cash") I sent a cheque for 30s., and received this letter. (From Thomas Reeves, acknowledging the receipt of the cheque, and stating that the tools would be sent on Tuesday by goods train.) I did not receive the tools, and wrote again, and received this reply on a printed heading. (Stating that when at Stratford he had told his people that the tools must go off at once, and if they had not gone he would return the money. Signed, THOMAS BEEVES.) I then wrote this letter. (This was found on the prisoner. It requested him to send the tools or the money by return of post, to save further inconvenience.) I then received this letter. (Enclosing a cheque for 30s., and stating that the tools had been seized for debt, and apologising for having been obliged to post date the cheque 10 days. Signed,THOMAS BEEVES.) I never presented the cheque, I gave it to the police before it became due—I then received this post-card. (Dated 30th March, from Thomas Reeves, stating that the tools would go off on Tuesday.) I never received the tools—I afterwards received a cheque for 15s., drawn by Mr. Bowd, on the West of England Bank Hay; I handed it to my uncle, who banks at the National Provincial Bank—I parted with my 30s. because I believed the prisoner had the tools mentioned in the advertisement—the words "Workshops and Factories, Stratford, Essex," was on the heading of the letters, and I believed it was a bona-fide affair.
Cross-examined. The 30s. cheque was on the Charing Cross Bank, the 15s. cheque, I think, was not—the 15s. cheque was duly honoured, and I agreed that you should pay the other when you could.
Re-examined. I wrote to the prisoner and asked him to be good enough to send the other 15s. as soon as he could—I have had an interview with my uncle since I was at the police-court, and I have no doubt that this is the cheque (produced).
JOHN DAY BOWD . I am an ironmonger, of Sinderford, Gloucestershire—on 28th March I saw this advertisement in the Stock-keepers' Chronicle,"White English bull terrier dog, good colour, &c., only 13s., cheap at 3l. Reeves and Gilbert, 72, North Street, London"—I replied, asking for particulars about the dog and his pedigree and received this letter. (From Reeves and Gilbert stating that the dog was good in all points, and a sure winner, and would be sent on approval.) I sent them this cheque. (The one for 15s. produced by the last witness.) It was drawn to order—it
has been through my bank—I never received the dog—I received this letter. (Acknowledging the cheque, and asking whether the dog should be sent loose or in a box, the price of which would be 1s. 6d.) I wrote again asking why the dog had not been sent, and received this letter. (Stating that the dog would be sent when the box was paid for.) I then told them to send the dog loose, and received this letter. (Stating that the dog would be sent off the next evening.) I then wrote again and received this letter. (Stating that the dog had been stolen, and offering to send a bull terrier front Stafford shire instead.) I received this letter in May. (From Thomas Reeves, stating that he was ruined, as his partner had gone off with all his money and property, and asking the witness to wait a little longer and the 15s. should be returned.) I then received this letter: "3, Antwerp Street, London Fields, June 27. Dear Sir, Please forward postal order price 15s. for cash received last April. Trusting that will make things look straight for Mr. Reeves, yours truly, T. Bellairs"—I parted with my 15s. believing that Reeves had the dog and would send it, and I believed him to be in partnership with Gilbert—I knew the prisoner was in custody when I received my money back and accepted it.
HENRY GROCOTT . I am a clerk in a solicitor's office in Liverpool—I advertised for a bicycle in the Bicycle News of June 2nd, and received this answer. (From W. Clayton, of 3A, Antwerp Road, Hackney, offering a bicycle, nickel plated, &c., for 6l. 10s., on receipt of cash.) I then wrote this letter. (Making inquiries about the bicycle.) I received this reply. (Signed W. Clayton, and stating that the bicycle was thoroughly sound, and between 37 and 39 lb. weight, and stating that he had injured his leg and wanted to sell it, being badly off.) I then wrote, enclosing a 5l. note and Post-office order for 1l. 10s., requesting him to send the bicycle at once—I then received this letter. (Signed per W. Clayton, J.D., 3A, Antwerp Street, acknowledging the receipt of the 6l. 10s., and stating that Mr. Clayton was away owing to the death of a relative, but they had sent the letter to him, and on hearing from him, the machine would be sent off.) I wrote complaining of the delay, and received this letter. (From W. Clayton, and stating that the bicycle was fully addressed in order to be sent by London and North Western goods train.) I then wrote a letter, of which this is a copy, (Stating that the bicycle had not arrived, and threatening to put the matter into the hands of the police.) I then received this telegram: "Am writing to you by this post, CLAYTON," I then received this letter: "June 21st. Dear Sir, I find on inquiry that the machine was never delivered to the railway company, and that the receipt which I hold is fictitiously signed; the man who was entrusted to take the machine has not turned up, and I have come to the conclusion that he has stolen the machine, will you object to take another safety machine for it? W. CLAYTON." I telegraphed, saying that I would not have the machine, and must have the money or I should instruct the police, and received this letter. (This stated: "I shall have a better machine on Monday, please say if I shall send it.") I wrote, asking the address of the man who gave the fictitious receipt, as I meant to place the matter in the hands of the police at Scotland Yard—that letter was read before the Magistrate; the prisoner was then defended by a solicitor; the receipt was not produced, nor the address of the absconding person given, nor have I ever received them—I parted with my money believing the prisoner was able and willing
to send the bicycle, and the printed heading of his letter made me think it was a genuine affair.
Cross-examined. My last letter would not reach you till 24th June—I don't know when you were arrested—none ot my letters were returned through the Dead Letter Office.
GEORGE HENRY GILBERT . I am a builder of Cricklewood—about 4th March, 1888, I saw this advertisement in the Daily Chronicle " Mechanic Wanted who understands repairing bicycles and tricycles, and can invest 15l. or 20l. cash. Address T., 46, Brooksby Wharf, Homerton, E."—I wrote to that address, and afterwards saw the prisoner, and on March 8th I signed this agreement to enter into partnership with him at 32, North Street—I paid 5l. that day as part of my share, and afterwards 4l. more—he said that the business would bring us each in from 3l. to 5l. a month—I, was with him a month, but never received any profit—I saw these bill-heads setting forth that there were works at Stratford, and asked him where the works were—he said "That is all bounce, I have no works at Stratford, that is merely an advertisement"—I only saw two or three customers at North Street; he had a workshop there in his private house with a bench in it—I took some orders for bicycles to a place in the south of London; they were for machines advertised in the Exchange and Mart—it was called the "Cycle Company"—I took the machines and delivered them; they had been sent by customers—the day after the prisoner was charged at Worship Street I paid another 1l. to the partnership—the day after Good Friday the prisoner did not come to business, and I went to North Street and received goods value 6l. 12s., and a customer there subsequently gave me 8l. on the prisoner's behalf—I also received cheques for 5l. 10s. and 10s. which had been sent by customers; that made 20l. 12s. in goods and money—I purchased a bicycle and sent it to Mr. Tinning, giving 5l. 10s.for it—I gave the prisoner 1l.—I purchased another bicycle for 4l. 10s. and sent it to a customer—a few shillings are still due to me—I had nothing to do with the prisoner after April 5th—I had nothing to do with Mr. Bowd or Mr. Grocott—I never saw sixty tools in the prisoner's possession, or a white English bull terrier—there were about thirty tools in use, which were moved from Brooksby Wharf to North Street.
Cross-examined. You had an old safety bicycle at Brooksby Wharf, and I saw parts of two others—I saw a tricycle downstairs with broken wheels—I don't, know whether they were broken on the railway—you told me there were 120 tools; I will swear you said the words on the heading was only an advertisement—you received 10l. from me altogether, but you have not given me a receipt for the 1l.—a registered letter arrived in April when you were arrested the first time; you were arrested twice—I took away some knives, forks, spoons, and a sewing machine to return them where you had received them from—I also took about 20 books, there were not 70—there were two dogs in a shed, a white terrier and a greyhound—I did not say at the police-court that I saw no dogs; I said I never saw a bull terrier there—I did not leave, because I wanted my money back.
Re-examined. The goods I removed from North Street I value at 6l. 12s.—the prisoner told me what they cost—I was at North Street when some jewellery came by post, and I sent it back: it was supposed to come in exchange for a bicycle, and I wrote and stated the facts—
there was no bicycle on the premises of the value of the jewellery sent—the prisoner was not ill while I was there—I have been shown a letter signed W. Clayton, describing a bicycle, but I never saw such a bicycle while I was there.
WILLIAM HENRY TOMLINSON . Early this year I had an office at 16, Holborn and I fitted up a room on the first floor, making two compartments with a desk in each, which I let at 4s. a week each—it was called "The Central Registrar Offices"—the prisoner was my tenant for one compartment—there were no tools, bicycles, or dogs there.
Cross-examined. I saw you there once—the business was by correspondence—you attended there every Monday.
JOHN HALSEY . I am a manufacturer—on 5th March, 1888, I let the house, 32, North Street, to the prisoner—he took possession that day—I inquired of his reference, and found it satisfactory, but on April 9th I received the key and this letter: "Having been unfortunate in my commercial transactions, I am compelled to leave the neighbourhood"—I did not receive the last two weeks' rent.
PETER ALEXANDER HUTCHINSON . I am cashier at the Charing Cross Bank, Bedford Street—the prisoner opened an account there in January in the name of Reeves by paying in 5l.—the last transaction was March 23rd, when he owed the bank 3l. 17s. 5d.—this is a copy of his account—it is not true that a number of post-dated cheques were awaiting clearance—the last cheque paid in was on 23rd March—7th March 30s. was paid in. I think by cheque.
Cross-examined. The account is still open—you paid in 1l. 15s. the day after you opened it.
By the COURT. The largest balance he had was 20l. 0s. 1d. on 5th March, part of that was drawn out next day—on the 17th it was 15l.; on the 19th it was 6l. 8s. 7d.—on 23rd he paid in 35s., which decreased the balance to 3l. 17s. 5d.
JOSEPH HELSON (Police Inspector J). On 30th March I arrested the prisoner at 32, North Street, Cambridge Heath—I found a number of letters, and among them one from Mr. Simpson, which has been produced—he was discharged the following Friday—I subsequently received this letter from the prisoner. (This was dated May 1st, stating that he was doing his very best to settle with the persons who had sent money, naming several whom he had paid, and asking whether his partner, Mr. Gilbert, could not be made to give up 9l. 10s. in money and goods, which he had taken away.) I have seen the prisoner write; I have examined the whole of the documents attached to the depositions, and in my opinion every letter but two is in his writing, and the original telegram—I have been to Stratford, and cannot find any place there which he has had anything to do with—he was remanded from Saturday to the following Friday, April 5th or 6th, and then discharged.
Cross-examined. I did not go to 14, Selway Road, Angel Lane, Stratford—when I arrested you I saw an old bicycle, and a lot of books, some a hundred years old—you produced some receipts, and told me how you came by the goods—I saw two mongrel dogs in the back yard, I will swear they were not thorough bred—I should call one a lurcher, the other was rush tailed—I did not see more than 30 tools there—you have
reported yourself regularly—some of the statements in your letter are true—you have sent a bicycle to Mr. Bowden, and Mr. Davis gave evidence that you sent him 15s.—I saw two violins and a concertina at North Street.
Re-examined. The prisoner has never mentioned before to-day any address at Stratford where he alleged that he carried on business—he mentions Mr. Carr in his letter—I had a complaint from him, and another from George Smith—there was a complaint from Bowden, and I found a letter from Fairish in the prisoner's possession.
GEORGE EDWARDS (Police Sergeant T) On 23rd June, at 12 p.m., I took the prisoner on a warrant, at 3a, Antwerp Street, London Fields—I read the warrant to him; it related to Mr. Bowd's case—he said "I have got Mr. Bowd's dog now"—I found two dogs there, but no bull terrier—one was a wipeet, which is smaller than a greyhound—I found these two letters, signed "H. Grocott," and a number of printed billheads in the name of W. Clayton—I said "Who is Clayton?"—he said "I am trading in that name"—I took him in the name of Walter Reeves—I examined the premises thoroughly; there were no bicycles or tricycles there—I found this parcels book, but Mr. Grocott's name does not appear in it—I do not find among the papers any receipt for a bicycle supposed to have been given to the London and North-Western Railway, nor have I been furnished with the name and address of the person who is supposed to have stolen it and absconded—I saw two or three saws there, and a plane and a hammer, but not 60 tools.
Cross-examined. I did not tell.Mr. Gilbert that he could take the goods away—I do not remember his saying that you owed him 20l.—I took a number of letters from you acknowledging the receipt of goods, mostly birds, and I believe one acknowledged the receipt of a bicycle, and there was an entry showing that it had been sent off, and also that several dogs had been sent off, "Live dog and box"—I have been to 16, Holborn, and they told me there that there had been numerous complaints respecting you.
(The prisoner produced a written defence, stating that at the time he advertised he had two bull terriers, one of which he sold, and the other was stolen, and that he wrote to Mr. Bowd, offering to return the money or another dog, but as he did not reply, he returned the 15s., and Mr. Bowd accepted it; that he had upwards of 200 tools at the time he advertised, but most of them were taken for debt; that he entrusted Mr. Grocott's bicycle to James Stokes to take to the station, who made of with it; that he took another name because his name had appeared in the newspapers, and if he continued to trade in that name he could not have done any business; and that while he was ill, his partner, Gilbert, went off with all his stock in-trade.)
He then PLEADED GUILTY to a conviction of forgery at this Court in March, 1882, after a previous conviction.— Twenty Months' Hard Labour, having still to work out 18 months of his former sentence.
OLD COURT.—Wednesday, August 1st, and Thursday, August 2nd, 1888.
Before Mr. Justice Hawkins.
759. GEORGE GALLETLY (17), PETER LEE (17), WILLIAM JOSEPH GRAEFE (17), WILLIAM HENSHAW (16), CHARLES HENRY GOVIER (16), FRANCIS COLE (18), WILLIAM ELVIS (16), and MICHAEL DOOLAN (15) were indicted for the wilful murder of Joseph Rumbold.
MESSRS. POLAND and CHARLES MATTHEWS Prosecuted; MR. TAYLOR appeared for Galletly,MR. WARBURTON for Lee,MR. GILL for Graefe,MR. HUTTON for Govier,MR. MEATS for Henshaw,MESSRS. H. C. RICHARDS and W. H. PAYNE for Cole, and MR. RENTOUL for Doolan and Elvis.
JOHN WOOD (Police Sergeant S 20). I made the plan and copies produced—they show that part of London lying between Tottenham Court Road on the one side and Clarence Gate, Regent's Park, on the other—the plan is on a scale of four inches to a quarter of a mile—it is a correct plan of the locality in question.
LOUISA CHAPMAN . I am also called Cissy Chapman—I live at 47, Upper Rathbone Place—I have known Galletly about two years; I have also known Francis Cole—I do not know whether Galletly and Cole knew each other—on Wednesday night, 23rd May last, between 9 and 10, I was out walking with Cole in the Marylebone Road—two young men came up, and one of them said to Cole "Where have you come from?"—Cole asked them what did they want to know for, and they said "For five"—I don't know what that meant—then they asked me if my name was Weston—I said no, but I knew her to speak to—I do know a young woman of that name—they then said to my young man, Cole, "You had better come back to the corner, as a young man wants to speak to you"—they then called a young man of the name of Jack—he came up from the other side of the way, and they asked him if he knew my young man—he said "No"—then one of the first two whistled and about 20 or 21 came down the road—one of them struck Cole in the face and knocked him down, and when he was on the ground some of them kicked him—I called out "How many more of you?" and then one of them struck me in the eve with his fist, and then they all ran off, taking Cole's hat with them—Cole got up, and I saw a mark on his face; we went away together—afterwards I had a black eye, the result of the blow—Cole saw me with it—we parted company about half-past 8—I saw Cole again the next evening—I did not see Galletly between the 23rd and the next night.
Cross-examined. by MR. RICHARDS. I have known Cole about 12 months—we have frequently been walking together—he had never taken part in any street rows to my knowledge—he said nothing to these men to provoke them—about 20 took part in this assault, those with the three would make about two dozen—we had just passed the corner of Seymour Place, Marylebone Road, when we were struck—I always found Cole quiet, not quarrelsome at all; I never knew him mixed up with these rows in Holborn—it was about a quarter or 10 minutes to 10 when I saw him the next night, at my street-door, he asked me to go out; I said I would not come on account of my black eye, he said nothing, only asked me how I was.
DAVID CLEARY . I live in Marlborough Court, King Street, Regent Street—I am 18 years of age—before Wednesday, 23rd May, I knew all the prisoners by sight, and most of them personally—on Wednesday evening, 23rd May, about half-past 10, I was in "the Fair" in Tottenham Court Road—on coming outside the fair I saw Cole, he told me that him and Cissy Chapman were walking down Marylebone Road on Wednesday
night, past Madame Tussaud's, and they were stopped by a fellow who asked Cole where he came from; he said I think from Frederick Street. Hampstead Road; this fellow says "Do you know any of the Fitzroy Place lads?" he said "Yes, and glad to know them to; this fellow said "Somebody wants you at the corner," he whistled and called 20 or 30 more fellows; he turned to one and said "Dick, do you know him?" he said "No;" he then said "Take that," and then struck him on the eye, and another on the nose; and Cissy turns round and says "How many more of you?" and the others turned round and said "Take that, you cow," striking her in the eye. That, was Cole's description of what happened, and he asked me to go up on Thursday night to Marylebone to find these fellows—I said "Yes, I will," we then parted—next morning, Thursday, I saw Galletly in Grafton Street—Garry was the name I knew him by—he said "Have you seen Cissy's eye?"—I said "No"—he said "She has got a black one"—I said I had heard about it, and heard about fellows beating her last night—he said "Will you come up to Marylebone to find these fellows that hit Cissy Chapman?"—I said "Yes, I will"—about 7 or a quarter-past, that same evening, I was in "the fair" in Tottenham Court Road—it is a disused ground connected with Whitfield's Chapel; it is an open space, it backs on to Whitfield Street—about a quarter of an hour after I got there I saw Galletly along with Dodd and Jack Harvey—Galletly said "Are you coming up to Maryiebone, Dave?"—I said "Yes"—he said "Can you get a couple more?"—I said "Yes, "Iturned round and saw Doolan and Elvis, aud I said to them "Will you come up to Marylebone to find those fellows that hit Cissy Chapman?"—they said "Yes," they had heard of it before—before I left "the fair "Lee came up—I met him outside—Cole came into "the fair" before that, I saw him speaking to Garry—I also saw Tom Brown and my brother Thomas; we all left "the fair" together, about half-past 8 or a quarter to 9, and just outside I saw Lee, and he joined us and walked, with us—I saw Graefe going down the Marylebone Road; before that I saw Henshaw and Govier in "the fair, "Iforgot to mention them; there was also Ted Britton, but he left us just outside "the fair"—after leaving "the fair" we went on to Tottenham Street—before that, when we were about 20 yards from "the fair, "Lee said to all of us "I have got a knife to defend myself"—they could not all hear that, about seven or eight—I was about two yards or a yard and a half from him—he showed the knife, it was like this (produced); I could not swear to it—it was in a sheath like this; he took it from his right side; he had it in his hand and twisted it round like this (describing)—I should think about two or three persons could see it—I don't know who they were; I know one that saw it; that was Galletly—he said "Show me that knife," and Lee showed it to him—after putting it in the sheath, he pulled it put again, and handed it to him—Galletly said "This will do for one of them"—he had got the knife in his hand when he said that—he handed it back to Lee, and Lee put it back into the sheath, which he was wearing in a belt—I cannot tell who were standing near Lee and Galletly at the time—I said to Lee "Put that thing away"—we then started off through Tottenham Street, all in one lot, and into Union Street—Britton left us about 20 yards from the fair—when we got to Union Street, two or three of them said something about looking into
the Green Man to see if we could see any of the Marylebone fellows there—Elvis looked in; I think he was the only one—he came back and rejoined the party, leaving the eight prisoners, myself, my brother, and Brown, all the rest went away—Dodd and Jack Harvey are the only two I can name; a lot of fellows left with them, but I cannot give their names—those who went on were Galletly, Lee, my brother, Brown Elvis, Doolan, Henshaw, and Govier—Cole stopped behind for a little time, and as we went down Tichfield Street he came running after us and caught us, and we then went on in the direction of Portland Place, and there my brother left us, at the corner of Weymouth Street—we then went on into Marylebone Road, through Harley Street—I first saw Graefe between the top of Harley Street and Marylebone Church; he joined us there—we went by York Gate—I saw an organ playing just inside the gate, and a lot of girls dancing—I said to Elvis and Doolan "Go over and see if there are any of the Marylebone fellows there; they went, and Govier went with them—they came back and said "There are none of them there"—we were then starting to walk up the Marylebone Road—Galletly said "Let us come up the park; they generally take a walk round the park"—we were all going through York Gate into the park, when Elvis and Doolan said "We will go round the other way" (meaning Marylebone Road way)" and meet you at Clarence Gate"—they went along the Marylebone Road, and the rest of us went through York Gate into the park, two and two—when we got in we turned to the left and went to the circle—there were three with myself on the fence side towards Clarence Gate; we divided, so that they should not notice; that was arranged coming along, Govier Galletly and the rest were on the other side, the houses side, going two by two—Brown was on the same side as we, I think—there were four on the right-hand side and four on the left—three of us were walking abreast; Brown was a little behind—those on the other side were almost opposite us—as we went along we came upon Alonzo Burns and his young lady, Emily Lee—they were in front of us; we walked up to them—I knew Burns by sight, but not by name—I said to him "Halloa," and he said "Halloa" to me—Galletly said "Who is this fellow?"—I said "He is all right; I know him"—passing by Burns, Galletly said "You go up and see where they are," as Brown had been so long away—I, Galletly, and Govier then passed on in front of them—Brown had then gone on towards Clarence Gate—Galletly called him and told him to go and see where the others were, meaning Elvis and Doolan—that was just before we met Burns, and he ran on quickly—after we had passed Burns and the girl, Galletly said to me "Brown is so long away, will you go up and see where they are?"—I started off to run—I cannot tell how far off those four on the other side were then; I did not look round to see—as I was running on I passed another man and woman walking together—I did not know them—they were about 40 or 50 yards ahead of Burns and Lee and about 20 yards in front of where I had left Galletly; that was when I passed by Rumbold—I ran on towards Clarence Gate, and before I got there I saw Brown, Elvis, and Doolan, not all together, Brown was a little before them—I said to him "Have you seen any of them?"—he said "No"—I waited till Elvis and Doolan came up, and I asked them—they said "No"—they came from the direction of Clarence Gate—Brown, myself, Elvis, and Doolan then turned round and walked back in
the direction of York Gate—I went a little in front of them—just before I got to the bend by Cornwall Terrace Galletly came up to me—I was walking on the fence side; he was out of breath—he said 'I have stabbed him"—I said "Who?"—he gave no answer—I saw Dick Graefe coming up behind him—he walked on towards Clarence Gate—Galletly and I went down towards York Gate way, and Elvis, Doolan, and Brown—we saw Burns and the girl—all I heard was what Galletly said to Burns, "It was a d——shame to hit the girl in the eye"—as we got near York Gate I saw a crowd running—we then turned round and went towards Clarence Gate, me, Galletly, Brown, Elvis, Doolan, and Govier—Govier came up after Graefe—as we went on we overtook Graefe—I saw nothing more of Cole, Lee, or Henshaw then—we all left the park together by Clarence Gate, walking two and two; I walked with Graefe—after that we went through Alsop Place and Marylebone Road back to the fair—Graefe and I went a different way to the others, right down Marylebone Road through the Crescent into Portland Place—Graefe left me in Tottenham. Street—I got back to the fair and saw Galletly, Govier, and a lot more around them, and I saw my brother Thomas in the fair—Galletly spoke to a lot of them and said that "I have laid one out," my brother Thomas was there at that time—Galletly asked me to go with him up Rathbone Place to see Frank Cole, I said I would, and we went there together and saw Cole outside Cissy Chapman's house talking to her—Galletly spoke to Cole, I did not hear what he said, they were having a private conversation; Cole then said to me, "I will see you round the fair by-and bye"—Galletly and I then turned to go back to the fair—as we were passing the Duke of York publichouse in Charlotte Street, Rathbone Place, a young man named John Carroll looked out of the door, I knew him—Galletly went over and spoke to him, I did not hear what he said—I saw him show him a knife, it was out of the sheath, I did not see the sheath, I saw the blade, it was bloody; he then put it back some where, in his pocket I think it was—Galletly was wearing the belt at the time, such a belt as the one produced—we then went back to the fair together—I left Galletly about half-past 10 or 11 o'clock, outside the door of the fair and went home—next day, Friday, the 25th, I saw Galletly in Grafton Street, outside Grafton Hall, about 1 o'clock—he told me that he threw the knife down a sewer, that he had some blood stains on the right knee of his trousers, and that he scraped them off with a knife—he showed me his trousers, he had them on, I saw some scraping on them—that was the last I saw of him before he was arrested—on the Saturday night, the 26th, I went and saw the police—before that, when we were going through the Crescent out of Marylebone Road into Portland Place, I said to Graefe that it was a shame that they used the knife—he said yes, I don't remember his saying anything more; I had not heard of the name of Bill Pace until the night of the 24th; I heard of it that night, I did not know him; I had heard the name mentioned before, not by any of the prisoners, by other fellows—on the night of the 24th I heard his name mentioned by Govier in the fair, he was telling the people that he had pointed out Bill Pace—that was after we had returned from the park, Galletly was there at the time—it was just by the gate of the fair, about 20 minutes or half-past 10 o'clock—he said "I pointed out Bill Pace"—he said it to a lot of the fellows around
him—on Saturday, the 26th, I gave the police a description of the knife—I went about with the police and was present when some of the prisoners were arrested—I was present when Galletly was arrested, I saw Carroll there—I have not seen him here to-day.
Cross-examined by MR. TAYLOR. When I went to the police I had seen in the paper that a free pardon was offered, that was what induced me to give evidence—I am not a Fitzroy Place lad or a DECKER lad—I belong to no gang—there is a feud between the Fitzroy Place lads and the Lisson Grove lads—I was not taking a leading part in directing the movements of my companions on this evening—I directed Elvis and Doolan to go and see whether any of the Marylebone lads were by York Place—I did not give the order as to going on one side and the other—I don't know whether Galletly knew Elvis and Doolan—there were more than twelve of us left the fair, I said at the police-court about 20, but a lot turned back in Union Street, 15 or 16 turned back—I did not see the scuffle in the park—I said at the police court that I saw Graefe, just before the stabbing took place, in a crowd at the other side of the road—I was not present at the scuffle; I was not with Galletly when I passed Rumbold; I was when I passed Burns, and Govier also—there was about 40 yards between Burns and his girl and Rumbold and his girl—I went on in Galletly's company, past Burns, in the direction of Rumbold and his girl—I separated from Galletly hot quite half way between the two, that was when I started running—I did not press close to Rumbold when I passed him; there was plenty of room on the pavement without knocking against him—I did not touch him, and I was not there to touch him, or do anything like it—I swear I did not run after him—I told Inspector Hare that Henshaw was one of the men who ran after Rumbold when he was stabbed, because I saw him running as I looked round the curve—I did not say "Running after Rumbold; "Isaid he was running toward York Gate—I don't know whether he was running after Rumbold or not—I was present when Henshaw was taken—I did not hear Hare say to him, "Cleary says you were running after Rumbold when he was stabbed"—it was when I was speaking to Burns that I saw Henshaw running; when I looked round I saw a lot of them running, and I noticed Henshaw in particular above the rest—it was on the fence side that I spoke to Burns the second time; I did not speak to him, but he asked me if I knew him, and I said "All right, I do," then I saw Henshaw running towards York Gate just as I looked round the bend—when I came up to Burns the second time I found him having a conversation with Galletly, but I stopped a little away; all I heard Galletly say was "It was a d——shame to hit the girl," meaning the one with Burns, Emily Lee, Burns's sweetheart—I had not a knife in my pocket on this occasion; I do not generally carry one; I do now and then; I have one in my pocket now—I said at the police-court that when Lee showed the knife I said "Put that thing away"—I did not say at the police-court all that I have said to-day; I left out two or three words, I think—I have not had any conversation with Brown since this case; I have never seen him, only coming up here, And at Marylebone—I heard him give evidence there the last time—when I saw Galletly on the Friday morning I did not see any stains of blood on his trousers—he pointed to the side of his knee cap.
Cross-examined by MR. WARBURTON. It was dark when we met at 8.30
on 24th May—my attention was first called to the stabbing by Galletly coming up and saying he had stabbed him—I heard no shouting—my deposition was read over to me before the Magistrate, and I signed it—I did not notice that it omitted the words, "Galletly said 'This knife will do for one of them '"—I think I said it is true that he said it—I new Lee by sight for about a month before this affair happened; I did not know that he was a sailor, that was what he told me.
Cross-examined by MR. GILL. After leaving the public-house in Union Street we went to Marylebone Church—we were not walking two and two then—I did not look in at the Green Man to see if any, of the Marylebone lads were there—I did not say so before the Magistrate as I know of—it was in Harley Street that we went two and two—I think it was in Portland Place that I first saw Graefe—when we got to Harley Street he dropped behind, then he joined us again a little further on, when we got almost to Harley Street—it was about the middle of Hurley Street—I don't remember saying "I don't know whether he was behind us or not when we got to the park, I did not look to see"—I saw him in the park, near the houses—I went along with Galletly and Govier on the fence side—before we got to the park we were all together—we walked on the pavement coming up to York Gate—I don't know who was next to me; I think it was Brown—I did not believe that this knife was going to be used; I had no idea that anybody would use it—I did not believe that anybody would be stabbed; I would not have gone if I had believed it—I told Lee to put the thing away, so that it should not be used; I thought it would not be used after, that—as we were coming from York Gate towards Clarence Gate I saw Graefe, he passed me—Garry came up first; I had only spoken to Graefe once or twice—it was dark in the pack at 9 o'clock—I said before the Magistrate that Dick Graefe was the man that passed me, and I say so now—I never knew his name was Dick before—I don't know that his brother's name it Dick; I don't know his brother—I don't know that the prisoner's name is William—I heard them say round the corner that Dick Graefe was there as well; I heard that before I gave my evidence—when this matter was being inquired into I knew the man was dead, and I thought it likely that I might be charged, and the sooner I gave evidence the better—I have not told any he—my statement is every bit true.
Cross-examined by MR. MEATES. I only knew Henshaw by sight—he used to go along with Galletly and Cole—I have seen him with them—I have seen him before along with some of the others, speaking to them and walking out and coming back again—on this night he was one of the four that kept on the left hand side of the road—after I got into the park I did not see where the other four men were, I ran on to Clarence Gate; I saw Govier and Graefe as we were going away—I saw Henshaw running down towards York Gate when I looked round—I did not see anything of the scuffle; I saw Rumbold after going past Burns to see where Elvis and Brown where—I did not see anything of him after I returned from Clarence Gate—I saw Henshaw running—I don't know that he was running after Rumbold, he might have been running away for aught I know, 1 know he was running towards York Gate—I did not see Rumbold, all I could see was Henshaw running—I should think I was about sixty or seventy yards off at the time—it was a dark night—I was just about the middle of the bend, towards Clarence Gate way—all
I saw of Henshaw was when I looked around; I could tell him by his back—that was at the time I was standing next to Burns and Galletly.
Cross-examined by MR. HUTTON. I first saw Govier in the fair that night—I did not speak to him; I did not ask him to come up, I asked him and Doolan—I don't remember saying at the police-court "I asked him to come for a walk to Union Street" have a doubt whether I spoke to him at the fair or not, I don't know that I spoke to him at all that night—I have no doubt that in the park Galletly, Govier, and I were walking together on the fence side—I could not remember when I was at the police-court on which side Govier was; I think he was on the pavement side of the houses; he did not come from York Gate at all—Galletly, Govier, and I walked from York Gate towards Clarence Gale, on the fence side—I was so much excited at the time over the affair I don't know whether I said so or not—I don't remember on which side he was—there were four on each side; I, Galletly, and Govier were in front on the fence side, Brown followed behind—they were in couples on the other side—we walked so in case the Marylebone fellows met us; Galletly arranged that in Harley Street—I said a little, while ago that I could, not tell whether that arrangement was made, or who made it; it has come to my mind all at once—it was when we returned to the fair that Govier said "I pointed out Bill Pace"—he said that in my presence and in Galletly's too—I was about two or three yards from him—I said nothing to him when he paid that—I stated at the Marylebone Police court that he said that—I don't think Govier was present when Galletly ran up and said "I have stabbed him."
Cross-examined by MR. RENTOUL. It was not I that got up the mob to go on this expedition—I asked them before, that was to give the fellows a bashing, but they had heard all about it before; Cole told them that—when Galletly came up and said he had stabbed the man Elvis and Doolan were behind; they were inside the park—it was I who told Elvis to look in at the Green Man—I only noticed Galletly present when Lee said he had a knife to defend himself—Galletly heard me tell Lee to put away the knife; the others did not hear me that I know of—I saw Elvis and Doolan in the fair after the occurrence.
Cross-examined by MR. RICHARDS. I heard of the assault on Cissy Chapman the same night, outside the fair—I understood that there was to be some little affair after that, and I was willing to join the party—Cole had asked Elvis and Doolan to go, before I did—there was general indignation at the treatment Cissy Chapman had received—I first saw Cole on the Thursday night, coming in the fair; I was in the fair, no one told me to go there, I always go there; it is not a meeting place, I go there to get a bit of work if I can—I was in the fair before any of the others came in—Cole was the first person who spoke to me about going on this expedition—he told me he was with Cissy when she was assaulted and that he got assaulted as well—Cole came out of the fair with us, but he did not go with us all the way to the park—there was considerably more than a dozen of us, it was a mob—we did not walk down in the centre of the road, but on the pavement, all in one lot—I next saw Cole at the corner of Tichfield Street and Union Street, running towards us—there were about 10 or 11 of us then, when Cole joined us, and he walked along with Galletly—Galletly, Lee, Graefe, Henshaw, Govier, and Brown went into the park with me—Cole was on the other side, the houses
side, I saw him there—I never saw him on the side where the scuffle took place—it was about half or three quarters of an hour after the man was killed that I called with Galletly at Mrs. Chapman's place; that was after we had returned to the fair—Cole was outside Mrs. Chapman's door, talking to Cissy.
THOMAS HENRY BROWN . I am a polisher by trade, and live at 131, Whitfield Street, Tottenham Court Road—I am 16 years of age—on Thursday evening, 24th May, about 9 o'clock, I was in the fair in Tottenham Court Road; I there saw Frank Cole, I had known him before—he told me that he had been up Marylebone On Wednesday night, and some lads had set about him—I said "Have they? what for?"—He said "Nothing at all;" so he then asked me whether I would go up Marylebone with him that night to help him to see if he could find any of the lads who had insulted him; I agreed—Cleary was in the fair at the time and Galletly, no one else at that time—I remained in the fair a little time, when I saw Lee there—I left the fair with Cleary and Galletly—when we got outside, about 13 or 14 of us went down Tottenham Street, Lee, Galletly, David Cleary, Thomas Cleary, Graefe, Govier, Doolan, Elvis, and Cole—I did not see Henshaw at that time—Dodd and Jack Harvey went With us as far as Tottenham Street—in Tottenham Street Lee said to me "I have a knife"—he showed it to me, there was a sheath to it, it was such a knife and sheath as this, and I believe this is the same belt—he took the knife out of the sheath and showed it to me—the others were behind us, they could not see the knife—he put the knife into the sheath, that was round his waist with the belt—we all then went on into Cleveland Street and Union Street, and down some bye-streets into Portland Place—by that time some of them had left the crowd, Dodd, Elvis, and Harvey had gone—in Portland Place Galletly asked Lee to lend him his knife—Lee said "All right," and he took off the belt, sheath, and knife, and gave it to Galletly and he put it round his waist—I borrowed a knife from Galletly about three or four minutes afterwards—I Wanted it to use if necessary—this (produced) is the knife he lent me, it is a pen-knife; I put it in my pocket—we then all went on to the park—near York Gate there was an organ playing, and some people standing round it, and Elvis and Doolan went over to see if they could see any of the Marylebone chaps—they came back and said none were there—we went on to York Gate, and Galletly said to Elvis and Doolan, "You two go round the other way, and see if you can see any of them round there"—upon that Elvis and Doolan started to Clarence Gate by the Marylebone Road, and I and the others went in by York Gate and round towards the Circle—our party was composed of Galletly, David Cleary, Cole, Lee, Govier, myself, and Graefe—I did not see Henshaw at all—I, Galletly, and Cleary walked on the fence side—after going a certain distance we overtook Burns and Emily Lee, I did not pass them, I went away from there, and went to find Elvis and Doolan—as I went in the direction of Clarence Gate, I saw Rumbold and Elizabeth Lee—I went on to Clarence Gate, and just as I got out of the gate I saw Elvis and Doolan coming up Alsop Place towards the park—I called to them, and we three turned back through Clarence Gate in the direction of York Gate, to meet the others—as we returned we met Cleary and Galletly, one after the other, a yard or two between the two—Galletly said "I have stabbed him"—I said "Who?"—he said
"One of them"—I asked him where, and he put his hand up to the back of his neck—Govier and Graefe came up directly behind Galletly, and we all turned round and walked in the direction of Clarence Gate, and left by that gate, Galletly, Elvis, Doolan, Graefe, I, Govier. And David Cleary, and went back to the fair, not all together—I and Galletly stopped to have a drink of water, and when we turned round they had all gone—we saw a mob opposite York Gate standing looking, and we did not see where the others went—Galletly and I went back to the fair together; we stopped at the corner of Fitzroy Street and Euston Road—Galletly showed me a knife, he took it out of the sheath he was wearing, it was like the knife I had seen before, which I had seen Lee give to Galletly; I saw the blade, there was a stain of blood on it—it was then that I gave him back his own knife, he asked for it—I had not taken out that knife to use to any one—when he pulled the knife out of the sheath, he said "Look here"—it was about 10 or half-past when we got back to the fair—next morning, the 25th, I was in Grafton Street, and saw Galletly there; as I was talking to him Lee came up—I asked Galletly what he had done with the knife—he said he had put it down a sewer—when Lee came up he asked him what he had done with it, and he said "I put it down a sewer"—I did not see Henshaw at all on the night of the 24th—on the 26th I went and gave information to the police, after I had seen a statement in the Echo with regard to the case.
Cross-examined by MR. TAYLOR. The statement I saw was that there would be a free pardon—I went to the police-station in company with Cleary, I met him in Whitfield Street that evening; I can't tell whether I or he saw the notice first—I did not have any conversation with him about it; he said "Will you come up to the station with me and give information about the murder?"—it took us about five minutes to go to the station—we were not talking about the case on our way—I did not say anything, we were talking about other things, but not a word about this case; we talked about it when we were in the fair having swings—I used not to go to the fair every night, I went there very often, I generally met Cleary there, he was looking after the swings, cocoanut shying and that—I am neither a Marylebone lad or a Fitzroy Place lad, nor a decker: by a decker I suppose you mean a Dials lad—when I saw it in the papers I understood it was a Dials lad—I knew there was great enmity between the Fitzroy Place lads and the Lisson Grove lads; I was once present at a combat between them—I am a Fitzroy lad—I knew there was fighting between them—Cleary was not with me at the last fight, it took place near the fair, it was about the same as this, it was all the cause of this, about a girl being hit; they asked one of the chaps from Marylebone some question, he said he came from Marylebone, and then they let out at him, started hitting him—Cleary was there at the time, he was fighting, I was not, I was with them, but I was not fighting—that was two or three days before this—it had to do with Cissy, it was on the same night as we were going up to Marylebone, before we went there, it happened in Howland Street earlier in the evening of the 24th, before we started for Marylebone—I had not been present with Cleary at other fights that I know of, I had not been present at any other fight between the Marylebone hands and the Fitzroy Place lads—when Lee first showed me the knife it was outside the
Tabernacle in the Tottenham Court Road, I am sure that no one else could have seen it—nothing was said to him by Galletly at the time—I did not see Cleary then, he could not have seen it—I do not recollect seeing Cleary in Court when I was giving my evidence at Marylebone—when we went to the police-station on the Saturday night we saw an inspector first and told him we were anxious to tell him all that happened about this murder—I did not tell him I had borrowed a knife from Galletly on that night; I did not mention that till I was asked at the police-court—there were no stains of blood on the trousers I had on that night; they are now in the pawnshop, they were pawned later on that same evening—no, it was on the Saturday they were pawned—I had whistled just before Galletly, and Cleary came running up to me in the park, I meant it as a signal to them—when I first went into the park at York Gate I was walking with Galletly and Cleary on the fence side, I then passed Barns and Miss Lee—after passing them I went on of my own accord—it is not true to say that Galletly told me to go on—if Cleary says so it is a mistake—I did not pass Burns and Lee again when I returned towards York Gate—I was close by Cleary when the first fight took place—I don't know whether he was very much excited at the time—they were hitting one another, he and the other chap, I don't know his name, it was only a fight between the two, there were no others there—it was about Cissy Chapman. Cross-examined by MR. GILL. I first saw Graefe in Tottenham Street—in going towards the park I was walking in front with Galletly and Lee nearly all the time—I did not think from anything that was said that anybody was going to be stabbed—when I got into the, park I crossed over from the houses side to the fence side with Cleary and Galletly and went straight ahead with them, I did not look back at all—on coming back from Clarence Gate I was on the side where the houses are,. I met Cleary and then Galletly—it was after he had spoken to me that I saw Graefe, he passed along towards Clarence Gate; me, Galletly, Cleary, and Graefe walked along together—Graefe went out of the gate on the side next the houses—I then walked out with Galletly and went towards the fair.
Cross-examined by MR. HUTTON. When Elvis, and Doolan went over to the organ, Govier was not by my side, I saw him with the others; Elvis and Doolan were the only two that went over to the organ, I am sure of that—when Galletly came up and said he had stabbed him, I had a little conversation with him for about three minutes—then Govier came up in company with Graefe.
Re-examined. The fight between Cleary and the other was about an hour and a half before leaving the fair, that would be about half-past 7o'clock.
By the COURT. The fight was in Howand Street, I saw it; afterwards, when the chap ran away, we all went back to the fair; Cole was present at the fight—my trousers were pawned before I went to the police—there was no mark of blood on them—my soother pawned them, I don't know where.
DAVID CLEARY (Re-examined by the COURT). I was in Howland Street when the boy came from Marylebone, they were going to beat him because he was a Marylebone fellow—I hit him once and then Galletly gave him a kick on the chin, and then it was all over; it did not last
above five minutes—he struck a blow at me and I struck one at him, there was only one blow each—I did not begin on him at all; I said I recognised him as one of the Marylebone fellows, and he thought I was going to hit him, and with that he gave me a clout, and Galletly ran after him, I did not know who he was—Cole said "There is one of the Marylebone fellows round there," so we all went out of the fair, where he was waiting for his girl; it was about half-past 7, we went round there, me, Cole, Galletly, Lee, no, not Lee, I think it was Elvis or Doolan, it was one of them, I can't say which—the Marylebone lad struck first, I went round him, he cops me one at the side of the jaw, and I hit him back—Cole said "Are you one of the party?" and I asked him the question, if he had said yes I suppose I should have hit him—I went there for the purpose of hitting him—he had come there after his girl—we were listening to what he had to say, trying to see if he was a Marylebone fellow—he said he did not live Marylebone way, but we found he did—I certainly went there for the purpose of hitting him, it he was a Marylebone lad—Brown was there; I'm blessed if I knew what he was doing, he was doing just the same as I was, looking on—I am speaking the can did truth.
THOMAS HENRY BROWN (Re-examined by the COURT). It is true there was somebody who was said to be a Marylebone fellow at the corner of Howland Street—I was in the fair when I heard he was there—I, Cleary, Cole, and Galletly, I am almost sure, went to Howland Street—we all four knew the Marylebone man had gone there simply for the purpose of seeing his girl, and we went there to attack him.
JOHN HARVEY . I have been in employment as improver in a factory—on Thursday, the 24th, I had been at work during the day, and at night, between 8 and half-past, I went alone to the fair in Tottenham Court Road—I saw Cole there—I have known him three or four years—I had heard before I went to the fair what had taken place with Cole and Cissy Chapman on the previous night—on this Thursday night, when I saw him at the fair, Cole asked me to come with him to Marylebone to see if he could see some of the chaps that knocked him about—I said "No, I am going to meet some one in here"—he then asked me to come as far as Union Street with him—my friend Dodd or Fontaine was there when he asked me—I left the fair with him—I should say 12 or 14 left together—I did not see Galletly when we started from the fair; I saw him as we were going along among the, party—I saw Cole—I saw Cleary talking to some chaps going along—when we got to Union Street I and Dodd left the party; we went away, and did not go up the Marylebone Road or the park at all—later that same night, about 10 o'clock, I was outside the New Inn in Tottenham Court Road—I saw Henshaw there—I had seen him in the fair before, but never knew his name—another man with a peak to his cap, whose name I don't know, was there—Dodd was there with me—Henshaw called my friend Dodd on one side and spoke to him—I heard nothing that he said; I am sure of that—Dodd told me afterwards—Henshaw went up Tottenham Court Road, and I went the other way—I holloaed out "Good night"—next day, Friday, at the dinner hour, just at 1 o'clock, as I was coming out to dinner, I saw Galletly at the corner of Charlotte Street and Bennett Street—he came up and asked me if I had heard about the chap what had been stabbed round the park—I said "yes"—Galletly said "Do
you knew who done it?"—I said "I heard that you done it," and he did not make no answer—he then went back towards where he come from, Rathbone Place, and I went on home to my dinner—I knew him by the name of Garry
Cross-examined by MR. TAYLOR. I was very often in the fair before this happened; I have not gone there since—I used to see Cleary there a good many times; he used to be like working on the swings—I know nothing of the unfriendly feeling between the Lisson Grove lads and the others—I never heard anything about it—I knew Galletly; I don't know who he was living with—after saying; I heard it was him, he asked me where I was going to—I said "I am going to dinner," and I left immediately.
Cross-examined by MR. RICHARDS. I saw cole when I came out of the fair—there were about 14 or 15 going up together—that was about half past 8, I should think—I saw nothing of this row at the corner of Howland Street—I parted company with them in Union Street, outside a corner public-house; I did not see them go in—I simply walked from the fair to Union Street—that was when I last saw Colev.
By the COURT. I don't remember anything else that I said to Galletly—it was he who commenced the conversation by asking whether I had heard about the chap who had been stabbed.
Thursday, August 2nd
ADOLPH EDWARD FONTAINE . I am a porter, and live at 10, Middleton Buildings, Tichfield Street—I go by the name of Dodd—on Thursday evening, 24th May, about 7 o'clock, I was in Gooch Street—I saw Galletly there; I knew him before as Garry—we went into the Blue Posts and had some drink—he said "Have you heard about Frank being bathed?"—I said "No"—he said "Frank has got a bash in the eye, and Ciss has got a black eye," and he asked if I would go as far as the fair with him—I did so, and saw Cole there—I said Frank, let's have a look at your eye"—he said "It is not much"—Cole then asked if I would go to Marylebone with him to see if we could see anything of the Marylebone chaps—I said "No, I can't to-night; I am going to meet my young lady"—he then asked Jack Harvey if he would go—he said he could not, as he had to see some one in the fair—Cole than asked me to go part of the way with them—I left the fair wish Harvey; there were about 16 altogether; I can only speak to Harvey; I did not notice Lee—I was about 10 yards at the back of the rest with Harvey—I saw Lee at the fair before we started; I did not know him before—I went as far as Union Street, and theft, left them, and went home—there were about 14 at Union Street when I left them—about 10 o'clock that same night I was with Harvey at the New Inn in Tottenham Court Road, and saw some people there—I could not say whether any of the prisoners were there—I had some conversation with somebody there; they called me aside—on Sunday morning I saw Cole and his sister in Gower Mews—I said "Frank, you have made a mess of yourself now"—he never answered, but I said "Why don't you go and give yourself up, and turn Queen's evidence?"—he said "I will"—that was all that passed—I went away and left him—I was up there about an hour.
Cross-examined by MR. TAYLOR. It was about 7 o'clock when I met Galletly; we had a drink, and I went with him to the fair, and stayed there until we all went in a body towards Union Street—I can't say for
certain if Galletly was there all the time—I was at the fair about hall an hour before we started.
Cross-examined by MR. MEATES. I can't say for certain who the persons were who were in front of me and Harvey—Cole was among them—I did not notice him in Union Street—I first saw him in the fair—I did not know he was going to Marylebone, only to Union Street—I saw his eye—I knew he was going with the others.
By the COURT. The fair is a big place. (The foreman stated that it was nearly half an acre, and had more than one entrance.)
THOMAS WILLIAM CLEARY . I live at 2, Marlborough Court, Regent Street, and am a butterman—on Thursday evening, 24th May, I was in the fair with my brother David—my elder brother Ted works in the fair—I saw Cole there, and Lee and Galletly; I knew them before—I don't recollect seeing the others there—I know them by sight—Cole asked me to come down to Marylebone with him, and have a fight with the Marylebone chaps—my brother David was there at the time—we then left the fair; there were about 14 of us—we went as far as Portland Place and Weymouth Street; I then left them, and went back to the fair—in Portland Place I was told that they had a knife—I could not say which one told me—I think it was one of the prisoners—I can't say which; they were all together—I was told that Galletly had a knife in his possession—I did not see it—about 10 o'clock that night I was in the fair—my brother David came there—the only prisoner I saw come there was Galletly—he asked me to come with him to Rathbone Place to see Frank Cole—I went with him—he told me he had stabbed a chap in Regent's Park—he told me that before we went to see Cole—he did not say anything about the affair as we went along—I did not make any observation when he told me that, nor did I hear my brother say anything—he came up to me and told me that before he spoke to me any other thing—I am not a great friend of his; I have seen him before, and spoken to him—my brother came with us as far as Rathbone Place—no one was with me at the time this was said; I was there by myself—I saw Cole at Rathbone Place—Galletly spoke to him—I did not hear what he had to say—my brother joined us at the fair—Galletly asked him to go as well.
Cross-examined by MR. TAYLOR. I was at the fair all the evening before they started; I was there before 7 o'clock, I believe—I did not notice whether Galletly was there all the time between 7.15 and the time they started—I was talking to my elder brother Ted the best part of the time, the one that works at the fair—I noticed Galletly after leaving there, when Cole spoke to me, that was the only time I noticed him—I could not say at what time that was; it was after I had returned to the fair that he told me he had stabbed a chap in the park—he came up and told me that without saying anything else—my brother was not there then—I don't think I have said that he was. (The witness's deposition being read stated, "My brother was there when he said that.") Well, I might have said that; it is a mistake; we can't help a mistake at times—I meant to say my brother came up after he told me that—I did not know that my brother was going to give evidence until I was told one night, he told me—he told me when he came home that he had given evidence at Tottenham Court Road; that was on the Saturday night—we had no conversation as to what he had said at the station—I did not ask him any
question, or he me—I think it was the Sunday morning that he told me—I was not in his company at all on Sunday he went out—it was indoors that he told me—he did not stop in more than a quarter of an hour—during that time I had no conversation with him—nothing was said about what had taken place in the park—I have seen him every day since—we have never compared notes about it—I never spoke to him about what had taken place at the park—I might have spoken to him now and again; I can't say how many times.
Cross-examined by MR. WARBURTON. I saw Lee in the fair; I knew him before; not more than a month, I believe—I knew that he had been a sailor—he told me himself that he had come from sea.
Cross-examined by MR. MEATES. I had heard, about rows between the Fitzroy lads and the Marylebone lads, but I have not been with them—when Cole spoke about a fight I thought it was one of the ordinary disturbances.
ELIZABETH LEE . I live at 1, Barrett Street, Marylebone—on Thursday evening, 24th May, about a quarter past 8, I met Joseph Raubold at John's Court, Wigmore Street—I had only known him about three weeks, he was a printer and used to work for Henderson and Company—my cousin, Emily Lee, was with me, and Alonzo Burns was with her—we four walked to Regent's Park, I and Bumbold in front; Lee and Burns were about 20 yards behind us when we, got to the park—we entered the park at York Gate and went on the fence side first, next the grass—we walked along towards Clarence Gate—we saw about five young men playing in the road, touching one another, larking in the road—they walked straight past us and turned in front; of us and got in front of us—one of them said to Rumbold "Are you Macey?"—he said "so help me God, I don't know what you mean"—three came from the other side of the road and joined in with them, and all the fellows round said "Yes, that's him, that's him," and with that one who stood at the side caught hold of him by the neck; I could not tell which it was, I think it was the one that said "Are you Macey?"—Rumbold bent his neck up and got away; he dropped his hat and ran—I picked it up—about six of them ran after him, and I ran too, towards York Gate; the others were about 20 yards behind him—when he started to run they were about 5 or 6 yards from him; he got a good way in front—I ran and got in front of the fellows and saw Joe standing at York Gate, just outside the park-keeper's house—I saw blood coming from his mouth—he was leaning against the railings—he said "Call a cab, I am stabbed"—I saw the fellows coming out of the gate, and I went towards them and called out "Stop thief"—there were two behind me and four in front, and one of the two gave man punch and a kick and knocked me down—a cab was got—I did not see what became of Joe, I ran after the men—I was excited—I only saw one of them actually touch Joe as I have described—I afterwards heard the same night that he was dead, and, I saw him at the Middlesex Hospital.
Cross-examined by MR. TAYLOR. I did not see any one use a knife at the time they surrounded Rumbold—he called out "I am stabbed" when I got to York Gate—I saw five persons first on our side of the road, and three came from the other side, and five attacked him first before the other three came—only one touched him.
Cross-examined by MR. GILL. As well as I could see I saw five—I said
"About five"—I would not like, to swear the number was exactly five—I am quite sure that three came across the road—I think I said so before the Magistrate—I said "Others came and joined in"—I did not say where they came from.
Cross-examined by MR. HUTTON. The five were pushing each other about—we passed them before one said. "Are you Macey?"—I was walking by Rumbold's side—it was the one at the end of the crowd said that—I did not look him in the face much—I could not exactly tell is face—I did not see the face of the one that put his arm on Rumbold's collar—I think it was the same that said ". Are you Macey?"—I could not exactly tell if it was him or the one by the side of him, I thought it was him because the voice came in that direction; I did not see his face—I was in a very excited condition.
By MR. TAYLOR. We had been on the fence side passing along York Terrace West, then we came to the bend—it was shortly after turning the bend towards Clarence Gate that these men came across us—we had gone about 20 yards from the bend when they came up.
EMILY LEE . I live in Barrett Street, Oxford Street—on this Thursday night I was with Alonzo Burns, Rumbold and my cousin Elizabeth; we went to the park; Rumbold and Elizabeth were in front; Burns and I were walking behind—when we got into the park we crossed over to the fence side—they were not out of sight until they got to they got to the bend of the railing, we were then about 20 yards behind—about six young lads came from behind, and one came in front and looked into Bums's face; the other five, came and mixed with him, and I understood one to say "Hallo, Lonnie," that is Burns's nickname; another one said "Oh, he is all right, I Know him," and they passed out round the bend out of sight—they did not interfere with us—when we got up to the bend we saw Rumbold just, saving himself from failing in the scuffle, and the young fellows were all round him—I can't say how many there were, about six or seven I should think—Rumbold passed us and ran towards York Gate, I did not see my cousin then, we just saw her come from the bend running after the fellows—they ran after Joe, towards York Gate; they did not all run, I and Burns went up, and I saw two just by the bend of the railings where the act was done; one was that young fellow over there, the end one, Galletly—I saw him afterwards at the Albany Street Police-station on the Sunday—I did not recognise him then—I afterwards saw him at the police-court on the Monday week with other people—from the description I gave of him I thought it was him, he has the features I gave of him—he is one of them; looking at him new, I am sure he was one of the two I saw on the spot—Burns said to him "What have you done to Joe?" he said he thought he was a deck fellow—Burns said "He is a Grove lad; "Galletly said." It is the Grove lads that are running after him; then I heard a peculiar whittle and the two walked towards Clarence Gate—before the whistle Galletly said "It was through banging our fellows and giving the girl a black eye"—Burns and I then went towards York Gate and saw Rumbold being put into a cab—I knew none of these persons before.
Cross-examined by MR. TAYLOR. I am quite certain of Galletly, I saw him immediately after we passed the bend, we saw the two standing there; I can't say how many yards they were from us, it was where I
had seen the scuffle—we walked up to him quickly, we wanted to see what had taken place—I did not see a knife in his hand—when we saw Joe go we walked straight up to the bend; I did not run, I walked quickly—when Rumbold passed us running, the other fellows were quite close to him; Elizabeth was running behind them—I can't say they were exactly close behind him, they were running after him, I could not say how—I do not recognise any of them, I can't say how many there were, I was with Burns the whole of the time this took place—I know now who the other man was that was with Galletly—I know he was recognised as Cleary by Burns—I do not know that it was Cleary.
Re-examined I do not recognise Cleary as the second man—I cannot say whether he is or not.
ALONZO BURNS . I live at 45, Lisson Street, Lisson Grove—I am a printer's apprentice—on Thursday night, 24th May, I went with Emily Les into the park—Rumbold and Elizabeth Lee were walking in front—when we got to the bend about half a dozen people came up and spoke to us—they came from York Gate way, from the back of us—I did not recognise any of them—they went towards Rumbold—when I got in sight of Rumbold I saw a sort of a scuffle, and saw him dart out from the midst of them; I was just about at the bend at the time—he ran right past me, I saw blood coming out of his mouth as he passed me—I said "Joe!" he could not answer me, he squirted out some blood—he ran towards York Gate, some of the others followed him, one or two stopped behind; I am not sure there were two; there was one—I had some conversation with that one, I don't know who that person was; I heard a whistle after the conversation—the witness, David Cleary, came up while I was in conversation, I did not see in which direction he came—as soon as they heard the whistle they ran towards Clarence Gate—went towards York Gate and saw Rumbold taken away in a cab. Cross-examined by MR.TAYLOR. I think one was left behind, it was with that one I had the conversation; I am quite certain it was Cleary that came up—I had seen his face before—I did not see any knife in the hand of the man I was talking with—I did not observe that Cleary had anything in his hand, I did not notice him.
Cross-examined by MR. GILL About half a dozen first passed us, and the two came on afterwards, about 10 yards behind them, but I can't remember the distance—the two were walking on the same side of the way as the half-dozen.
JOHN JOSEPH CAMERON . I live in Redhill Street, Regent's Park; I am guard of a van—about half-past 9 on Thursday night, 24th May, I was by York Gate—I saw between five and six young men running from the park, coming through the gate, and a woman running after them—then I saw Rumbold leaning against the railings; I got a cab and took him to the hospital—he died on the way, his body was left at the hospital.
SAMUEL HULBERT . I am a sewer man—on 30th May, about 10.30, I searched the sewer in Upper Rathbone Place, and found this knife in the sheath under the ventilator opposite Newman Passage—I gave it to Mr. Westcott, who was standing by—it was not in the first sewer I searched: I had searched several in the neighbourhood—it was wet there.
WALTER GIFFARD NASH . I am house surgeon at the Middlesex Hospital—on Thursday night, 24th May, a little before 10, I was at the hospital when Rumbold was brought in—he was dead; his clothes were saturated with blood—I examined him then, and afterwards made a post mortem examination—there were two wounds: one at the back of the neck just above the collar, in the middle line of the neck, it was about one inch in length and two-and-a-half inches deep; the other wound was in the middle of the back on the left side, just below the shoulder blade, that penetrated the right lung, it was between four and five inches deep—that was the more serious wound, and was the one that caused death, it completely divided the branch of the pulmonary artery, and penetrated the upper lobe of the right lung—the loss of blood from that wound must very soon have caused death; death was caused by loss of blood—the wounds were such as could have been inflicted with the knife produced—they could not have been inflicted with the pocket-knife.
Cross-examined by MR. TAYLOR. The wound on the neck was not a very serious wound, it merely penetrated the muscles, it was a serious wound, but it did not wound anything of importance—I think a man could very likely run 100 yards after receiving such a wound as that in the back; I should think he could run for a minute, I don't think he could be capable of speaking at the end of that time—I should not have thought he would be able to speak after running 300 yards—blood would come from the mouth from that wound—the air tubes were full of blood, and so was the stomach.
GEORGE ROBSON (Police Inspector D). At 10.30 on Saturday night, 26th May, I saw Galletly outside the Duke of York publichouse in Charlotte Street, Tottenham Court Road—David Cleary and Brown were with me—I said to him "What is your name?" he said "Brown"—I said "I am an inspector of police, and I shall take you into custody for murdering Joseph Rumbold, by stabbing him, at the Regent's Park, on Thursday last"—he said "I know nothing about the murder"—I took him to the Station—when in Colville Court some one in the crowd said "That's Garry"—an attempt was then made to rescue him, he struggled, and tried to get away, but failed to do so—he said "That bleeding Dave and Brown have turned coppers to try and hang me"—I took him to Tottenham Court Road Station, where he was detained for some time—I then conveyed him to Albany Street Station—he there gave the name of George Galletly, 135, Whitfield Street—I did not see who the person was that tried to rescue him—Carroll was brought to the station and charged with attempt to rescue—I was before the Magistrate when Carroll was taken there, he was convicted, and had two months for it—I looked at the trousers Galletly was wearing, they were taken from him on 4th June, he had continued to wear them—I also went to the address he gave me, and got another pair, I took both pairs to Dr. Stevenson, of Guy's Hospital—the pair Galletly was wearing I numbered 1 and the other No. 2.
Cross-examined by MR. TAYLOR. He was living with his mother.
THOMAS BANNISTER (Police Inspector S). At 2.30 on Sunday morning, 27th May, I went with other officers to 23, Whitfield Place, and in the front room top floor I found some people, amongst others Lee—he was
in bed, he got up and dressed—there was a sailor's chest in the room—he put on this belt when he dressed—I said to him "The charge against you is being concerned with others in the murder of Joseph Rumbold in Regent's Park last Thursday evening"—he said "All right, sir, I had better not say anything yet"—David Cleary and Brown were with me—Lee said to him, "Dave, I shall be all right, shan't I?"—he replied "Yes"—Lee then said "I hope you don't think that I stabbed the man; I know I was with the mob, and the man that did it had my knife, but I don't know his name; I sever spoke to him till that night, and I have not had my knife since; if I had known this was going to happen tonight I would not have gone to bed; them other two chaps that was with you were there as well, and they know the man that stabbed him. I had been at work at the hospital all day"—he was then taken away in custody—I took the belt from him—one of his brothers was in the room at the time—at 4 o'clock the same morning I went to 29, London Street, where I found Graefe in bed in the front room second floor—I told him the charge, the same as before—he said "Well, though I was not there, I think I can throw some light on it; the only one I knew by name of the lot was Franky Cole; he was round the park with his girl one night when some chaps threatened him, so this night they came to me and asked me to go with them to pay this chap; they have stood up for me, so I went with them as far as Harley Street, outside the park. When they began to talk about the knife I left them. I should know the man that had the knife; he was taller than me. I am not a man to use a knife, though they will blame me. Those two chaps with you were they; they ought to be pinched as well. Have you got Franky Cole?"—I said "No"—at 6.30 p.m. Govier came to the station with his mother, and Inspector Hare said to me in Govier's presence, "This lad has come to make a statement about the case"—I asked him his name—he gave the name of Govier—I asked his mother his name—she told me—I said "Well, you will be charged with being concerned in the murder; if you make a statement it will be written down, and may be used as evidence against you; alter that if you wish to make a statement it shall be taken"—then he said nothing—the same evening at 7.30 Doolan and Elvis came to Albany Street Station in company with an officer—Doolan said "We was with the mob Thursday night that stabbed the man in the park, and we want to tell what we know about it"—Elvis said "We were not there when he was stabbed, but we went up with them"—I told them they would be charged with the murder; I cautioned them the same as I did Govier—I found they were under the impression, that, they would not be—I told them if they made a statement it would be taken down and used against them—then they said nothing further—at 11.30 that night Cole was brought to the station by his father—he was told that he would be charged—he made no reply—before these arrests I had had statements made to me by David Cleary and Brown, or rather it was made in my presence, and was written down.
Cross-examined by MR. GILL. I have made inquiries about Graefe—I find he bears a good character—he was admitted to bail by the Magistrate.
Cross-examined by MR. MEATES. Cole bears a good character—I went to his father and advised him to bring him, and he did.
Henshaw at the corner of Frederick Street, Hampstead Road—Cleary was with me—I said to Henshaw "Is your name Cole"—he said "No"—I said "What is your name?"—he said "Henshaw"—I said "You will have to be detained about that Regent's Park affair"—I confronted him with Cleary, and Cleary said that he was one of the mob that ran after the chap after he was stabbed—I sent him in custody to the station—I sawhim there some time after—he said "I went with them as far as Harley Gate, but did not go into the park"—shortly alter he said "I was in the park, about 20 yards from the disturbance, and I heard a man was stabbed. I saw him, and saw the blood apparently running down his trousers. I saw him put into the cab, and I ran away for fear I might be arrested. I made my Way to the Middlesex Hospital, but they got there before me"—when the charge was read over to him, he said "I am as innocent as a baby"—I saw Govier at Albany Street Station with his mother, when they came in about 6.40—I said to him "What do you want?"—he said I have come to tell you all I know about the Regent's Park affair"—I said "What is your name?"—he said "Govier"—I said "You had better not say anything now, as you Will be charged with being concerned in this murder—he said "All I did, I stopped the man, find said to him 'Do you know Bill Pace?' He said 'No.' I saw the others set on him. I never laid my hands on him"—I afterwards saw Henshaw and Harvey together in the cell passage at the police-court—Harvey picked Henshaw out as knowing him—Henashaw said "He left us at the corner of Tottenham Street."
Cross-examined by MR. RENTOUL. Harvey picked him out as knowing him, and having had something to do with this particular case—he was asked to go and see if he saw anybody there that he knew in connection with this case, and among others he picked out Henshaw.
Cross-examined by MR. TAYLOR. I am quite sure that Cleary said Henshaw was one of the mob who ran after the chap after he was stabbed.
WILLIAM JAMES PACE . I live in Boston Place, Marylebone—I am sometimes spoken to as Bill Face—I know Govier by sight and Elvis also—I have not been in their company that I know of—I had nothing to do With this affair on Thursday night.
Cross-examined by MR. HUTTON; Govier would know me by sight—I have never spoken to him that I know of, or he to me—I don't suppose we have seen each other about twice—I saw him about a week before this happened—I knew his name was Govier, by what they told me all the Court—I have never seen him at the fair that I know of, I have not been there above once.
DR. THOMAS STEVENSON . I am Professor of Chemistry at Guy's Hospital—this knife and sheath were brought to me to be examined, I slit open the sheath—I found no trace of blood either on the knife or sheath—if it had been for some hours in Water or sludge I should not expect to find blood on it—Inspector Robson brought me these trousers numbered 1 and 2, said to be Galletly's—I found no mark of blood on them, there was a dark brown mark below the left knee of one of them, it was not blood—there was a trace of old blood in the left pocket, that might have come from a cut or anything—the other trousers had no
Mark at all on them—I have this morning looked at Brown's ✗ I could see no mark of blood on them externally, there was a small smear in the right pocket, an old mark, which I think was blood on it might be anything.
Cross-examined by MR. TAYLOR. I did not see any scraping on Gelletly of trousers—I did not see any sign of their having been washed, or of old stains removed—I cannot remember the right knee, I heard of that for the first time yesterday—I examined the trousers thoroughly, and I could not say that there had been any blood removed the right ✗ was not present to my mind more than the left.
W. G. NASH (Re-examined by the COURT). Supposing a deep wound like that in the back, the knife might be withdrawn and no blood flow so as to come on the person inflicting it, it would come through all his clothes.
DAVID CLEARY (Re-examined by MR. TAYLOR). I had only had one fight with the Marylebone lads before and that was on the same evening at least it was not a fight—about five months age I was charged with assault—that was not on a Marylebone lad it was on a gentleman who wanted to take liberties with me, I was discharged for that—I was convicted three years and eight months age for stealing about 1/2lb of bacon, and I got ten days and three years in a school and I got let off eight months for good. character—I did not deny at the police-✗ than I had been convicted, I was not asked the question. Brown was asked that question—I said at the police-court that Galletly said when Lee showed him the knife. "This will do for one of them"—my deposition was read over to me before I signed it—I did not notice that that expression was omitted—I do not recollect Brown saying at the police-court that Galletly had asked Lee for the knife—I was present when Brown's deposition was read over to him, but I did not take any notice of his statement.
By MR. POLAND. After I came out from the school. I worked in who for two or three months—at the time this took place I was out of employ.
This being the case for the prosecution Counsel for all the prisoner concept Galletly, submitted that the evidence was not of such a character as so sergeant a conviction of the charge of murder. MR. JUSTICE HAWKINS as for as regarded all the prisoners but Galletly and Lee. The Jury therefore found a verdict of
NOT GUILTY as to Graefe, Henshaw, Gouvier, Doolan, Elvis and Cole, and afterwards as to Lee, but found.
GALLETLY GUILTY was a strong recommendation to mercy on account of his youth. Sentence— DEATH .
The other prisoners were charged with unlawfully conspiring to assemble and commit a breach of the peace, and assault to which they
PLEADED GUILTY . Several witness deposed to the good character of Henshaw, Graefe, and Govier LEE and GOVIER— Fifteen Months' Hard Labor . HENSHAW— Nine Months' Hard Labour. COLE— Eight Months' Hard Labour. GRAEFE— Seven Months' Hard Labour . ELVIS and DOOLAN— Six Months' Hard Labour. An acquittal was taken on the charge of unlawfully wounding Joseph Rumbold
NEW COURT.—Thursday, August 2nd, 1888.
Before Mr. Recorder.
760. RICHARD WATSON (26) PLEADED GUILTY , to three indictments for forging and uttering bills of exchange; also to embezzling the ums of 1l., 10s., and 1l. 7s. 6d.; also to embezzling 4l. 17s. 11d., of Albert Lesser Friedlander, his master, who recommended him to mercy, Nine Months' Hard labour.
MR. H. AVORY Prosecuted; MR. WILLIS, Q.C., Defended.
The RECORDER considered that it would only be by a very violent interpretstion that the passage in question would bear the meaning which the prosecution attached to it, and therefore directed a verdict of
NOT GUILTY .
MR. GREENFIELD Prosecuted; MR. LAWLESS Defended Crawley.
JOHN HENRY ELLIS . On 4th July I was staying at the.Covent Garden Hotel, and about midnight I was going down Great Queen Street, and found I had gone further than I intended, as I saw the Freemasons' Hotel, and I turned down a street to the right—a woman had spoken to me just previously, and I walked down the middle of the street—I was pounced on by three men from behind, one took my right arm, one my left arm, and the third man seized me by my throat, and with his right hand rummaged my pockets—he broke away my watch chain, which was a strong one, with a violent jerk, and took watch and all—he then said "All right," and they liberated me and ran away—I called "Police!" and two young fellows in the post office service and a policeman came up—the men ran down a court, I ran after them and found a hat—when I got down the court I had the three fellows, but I can only identify Woodward—I afterwards saw part of my chain at Bow Street—I have not seen my watch, I believe it was dropped at the place, because it was torn from the swivel—I was so violently assaulted that I can scarcely write my name now—I suffered most excruciating agony.
Cross-examined by MR. LAWLESS. I am sure of Woodward; he was the first to run away, and I looked at his face—I said nothing to the Magistrate about my right arm being so injured—I did not feel the result next day—it has only developed itself now.
Cross-examined by Woodward. When you went away you said "All right."
GEORGE FORD (Policeman E R 23). On 5th July, about 1 a.m., I heard hard footsteps, and saw the three prisoners come through Sardinia Place and Sardinia Street, and two postmen following them, who spoke to me, and with their assistance I stopped the three prisoners—I said to Hurley "I am told you have stolen a watch and chain from a gentleman"—he said "You have made a mistake," and threw something into a doorway—I turned my light on, and the postman picked up this chain—I said to Hurley "I saw you throw it into the passage"—he said "I
did no such thing"—I took him to the station, and another constable took the other two—Woodward said at the station "I took the watch and chain from the gentleman."
Cross-examined by MR. LAWLESS. Sardinia Street is at the back of Freemason's Tavern; to get to it you have to go through Middle Yard, which is not so well lit as the other streets—the prisoners were walking quick—Crawley lives close by there; I know nothing against him—he said that it was a mistake.
ARTHUR ROBERT PIGGEN . I am a postman, of 23, Market Street, Barnsbury—I was with Nichols in Great Queen Street, heard a cry of "Police!" and saw the prosecutor about 20 yards in front of me; two men were behind him, holding him fast, and one man was in front of him—we ran towards them, and they all three turned down a court opposite—we followed them, and caught up to them just as they turned a corner—a policeman came behind us—I caught Crawley—he said "Halloa, what's up?"—Ford caught hold of him also, and the policeman caught hold of the other two—I heard something drop in a passage—a policeman turned his light on; and I picked up this chain and gave it to the constable—I never lost sight of the prisoners from the time I first saw them there till I took them.
Cross-examined by MR. LAWLESS. The prosecutor was attacked actually in Great Queen Street, and this is a court leaning out—I was going towards Charing Cross—when the prosecutor said "They have taken my watch" the prisoners had gone—there were two turnings, but I never lost sight of them—Ford came up just as I caught hold of Crawley—he is not the constable who followed me.
WILLIAM HENRY NICHOLS . I am a postman—I was with Piggen on 5th July—I heard Mr. Ellis shout, and saw three men round him—they made away, and we ran after them, and a constable behind us—I never lost sight of them till they were caught in Sardinia Row—I assisted to hold Crawley, and saw Hurley throw the chain away into a passage—a light was turned on, and it was picked up.
Cross-examined by Hurley. You were all near the passage, but you were nearer than the other two.
Cross-examined. by MR. LAWLESS. When we commenced to run the prisoners made off, and Mr. Ellis spoke to us, but we did not lose sight of them.
GEORGE HARRIS (Policeman E 341). On 5th July, about quarter to 1, I was in Great Queen Street, and heard cries of "Police"—I ran up and asked Mr. Ellis what was the matter, and in consequence of what he said I went through Middle Yard and Bear Yard, and saw the three prisoners standing together in Sardinia Street—Ford took Hurley—the two postmen were struggling with Crawley, and I took Woodward, who said at the station "I took the watch, you need not make a noise about it; I threw the watch and chain away."
Cross-examined. by MR. LAWLESS. I did not see the struggle, I only heard shouts, and followed—when I got up they were all standing together—I did not see them till I got to Sardinia Street—there were no other people running.
Cross-examined. by MR. LAWLESS. He said that I had made a mistake in taking him up.
JOHN PAGE . I live at 3, Teddington Park Road—I was in Great Queen Street and heard a man shout "Police"—I was 30 yards off, I went up and saw three men surrounding the prosecutor, and feeling in his pockets—one left first, and then two, and they all ran away—I ran up, but they had gone before I got there—I saw two postmen and constable—I cannot swear to the prisoners.
The Prisoners' Statements before the Magistrate. Woodward says:"I met the gentleman in company with a prostitute. I took his watch and chain, and ran through a court, and, being heavy in drink, I fell. I afterwards met these two men standing in a doorway, and was enquiring my way when the constable came up. It was I who threw the chain, and the watch too, into the passage from my right hand coat pocket." Crawley says: " I had walked from Holborn through Lincoln's Inn Fields to Sardinia Street, where I was standing at my door when Woodward came up and asked me how I was."
Hurley's Defence. Woodward has owned to throwing away the watch and chain; I know nothing about it.
Woodward in his defence repeated his former statement, and added that he should have pleaded guilty if he had not been charged with using violence, which he denied.
—WOODWARD then PLEADED GUILTY to a conviction at Clerkenwell, on 16th January, 1885.— Twelve Months' Hard Labour. —HURLEY and CRAWLEY— Six Months' Hard Labour each.
763. JOHN JENNINGS (40) and WILLIAM CHEESMAN (39) , Unlawfully conspiring to commit perjury. Other Counts, charging Jennings with perjury and Cheesman with aiding and abetting him, also charging Cheesman with perjury and Jennings with aiding and abetting him.
MR. BESLEY Prosecuted.
JAMES STRIPE . I am plaint clerk at Marylebone County Court—I produce the minutes in John Jennings v. Brunker for damages for the bite of a dog £50, order for payment 31st May, application for new trial refused 4th June, 1888—I have got all the original papers—I was not in Court.
FRANCIS HENRY BRUNKER . My partner and I are bankers and shippers to the East Indies and Japan—I live at 34, Circus Road, St. John's Wood—I employed Jennings about September last; he worked three days a week in my garden—he was working there a week before Christmas, and at my daughters' suggestion I ordered an old morning coat to be given to him—I heard something from the parlour maid, and some time in January I told Jennings that I was absolutely certain that there was a silk handkerchief in the coat and he must produce it—I then left home about 10 a.m. and when I came home to dinner the same evening the handkerchief was given to me—the next time he came to work I said that I was very much astonished about the handkerchief, I was not at all satisfied with the explanation he had given, and as he bad absented himself all day to find it while I was paying him wages for his day's work, he must go at the end of the following week—that was on Thursday, January 3rd, 4th, or 5th, and he was to leave on the Saturday week—I only got a verbal report from my servant on the Monday about the bite
of the dog—I afterwards saw Jennings at my doctor's, to whom he showed a slight scar on his leg—a plaint was served on me, claiming 50l. damages in the County Court—I attended there on 17th May and saw Jennings sworn before Judge Stonor and a jury—my Counsel cross-examined him and asked him if he knew Weston—he said "No"—Weston stood up in the court, and he said that he did not know him, and he had no cousin named Weston—the fame question was put to him with regard to Amy Reynolds, who was pointed out by the Counsel, and he said that he did not know her at all—he said that the handkerchief was left with Cheesman, the tailor, and when he went to the tailor he immediately produced it and he brought it to my house—he said that it occurred that morning when he was absent from 10 to 3, and that he had gone to Cheesman and got the handkerchief from him—at the end of the evidence Jennings' solicitor addressed the Jury, but my Counsel addressed them first—he afterwards said that there was a witness in Court who could thoroughly clear up the handkerchief episode, and Cheesman was sworn, and said that he was a tailor of Harrow Street, Lisson Grove, that Jennings brought the coat to him to repair about a week before Christmas, that he repaired it, and found a silk handkerchief in one of the pockets, and took it out and placed it in a cupboard or on a shelf, and two or three days afterwards Jennings's wife called for the coat, and he gave it to her and forgot to give her the handkerchief, and afterwards Jennings called and asked for the handkerchief, and he said "Oh, yes, I have got it," and gave it to him—I saw Cheesman come into Court; all the witnesses were ordered out, and he went out—the Jury returned the full amount 50l., my application for a new trial was refused, and I paid 64l.—going out of Court on the day of the hearing Amy Reynolds said that Cheesman wasnot a tailor—I never heard of Milsom till the July gave a verdict against me—Weston and Amy Reynolds came to me before the application for a new trial—I had sent them to Mr. Allen, my solicitor, his clerk is there—I afterwards took out a summons, and that is how these proceedings came about.
Cross-examined by Jennings. You denied emphatically that there was another handkerchief in the coat, you did not say that you had sent it to be mended—I said "You must produce the handkerchief," and went away—I should say that that is the coat you have on. (Examining it).
Cross-examined by Cheesman. My idea is that the sleeve linings were black and white silk, they are not the same colour now.
Re-examined. My coat was similar in shape and material to the one I have on now.
ANNIE COOKSON . I have been parlourmaid at Mr. Brunker's two years—I remember Miss Brunker giving Jennings a coat before Christmas—he afterwards brought me a white handkerchief, and said that he found it in the pocket of the coat—I reported this to my master, and he instructed me to speak to Jennings about another hand kerchief, which I did—he said that there was no other handkerchief there—I reported that to my master—I recollect Jennings being absent one morning from 10.30 till 3, he then brought a parcel to the door, gave it to me, and said that it was the handkerchief—he said "I have been all the way to New Oxford Street"—the parcel contained Mr. Brunker's silk handkerchief—after his notice to leave he was
passing the door of the house and the little dog barked—I was in the kitchen, I did not go out.
Cross-examined by Jennings. On the Tuesday you brought a white handkerchief, and said 'Here is a handkerchief, Miss; I found it in the breast pocket"—you did not also bring two pieces of paper with writing on them—you did not say that you went to Harrow Street; you said New Oxford Street.
ALFRED GARRETT . I am managing clerk to Mr. Allen, a solicitor, of 1, New Broad Street—I had the conduct of the defendant's case—I instructed Counsel, and was present when the case was tried before Judge stonor—I heard Jennings sworn, examined, and cross-examined—he related in his examination-in-chief the circumstances under which the alleged bite took place—in his cross-examination he was asked whether he knew a man named Weston, and denied knowing him, and also denied knowing Amy Reynolds—he said that the handkerchief was found in the tail pocket of the coat, holding up the coat tail and saying "I don't understand this sort of thing"—he said that the coat had been taken somewhere to be repaired, and the handkerchief had been found in the tail pocket—Mr. Payne, the plaintiff's Counsel, then called the tailor, and Cheesman was put in the box and sworn—he said that he was a tailor in Harrow Street; that he repaired the coat, and found a silk handkerchief in the tail pocket, and placed it on a shelf, and Mrs. Jennings called for the coat, and he forgot to give her the handkerchief, but he gave it to Jennings himself subsequently, and he took it away—a verdict was given for the plaintiff for 50l., and his solicitor delivered me his bill of costs, in which was Cheesman's name: "Attending plaintiff, and Cheesman's evidence without subpoena"—the case was heard on 17th May—I have seen Weston and Amy Reynolds, and took their statements—they signed them in my presence on 16th March—Mr. Brunker brought them.
THOMAS MILSOM . I am a tailor, of 2, Blenheim Passage, St. John's Wood—about a week or a fortnight before Christmas Jennings brought me a coat, and said that he was a gardener, and his wife had given it to him—he asked me to repair it—I told him what I should charge, and he said he would call for it—I should know it again (Examining Jennings's coat)—this is not the coat I repaired; it was a dark diagonal business. coat, a morning coat—this is not a gentleman's coat at all—he came for the coat on the Saturday, paid for it, and took it away—he returned on the Monday, and asked me whether I had found anything in the coat pocket—I said "Have you taken it anywhere else?"—he said "I took. it home"—I said "I shall make a note of it, and expect you to let me know"—he returned about two days afterwards, my wife answered the door, and called me out—I went to him, and he said "Oh, the hundkerchiefs are all right; my wife took them out of the pocket"—he never brought me more than one coat—I make it a practice to search the pockets of coats which I have to repair, and in the coat he brought me there was no handkerchief at all.
Cross-examined by Jennings. It was a black diagonal business or morning coat.
Jennings. I deny taking any coat at all to him.
message about the handkerchief—I did not hear the message, as I went into the parlour to finish my meal—he said that he wanted to see the governor, and my husband went out to him—I am sure Jennings is the man.
MARGARET JENKINS . I live at 94, Park Road, Kilburn—Jennings occupied my kitchen, and Cheesman used to visit him; he denied that he lived with him, but I saw him go in at the kitchen window—I saw Cheesman there every day a little after Christmas—Jennings left in May—he said that Cheesman was his cousin.
HENRY WESTON . I deal in boxes, at 9, Devonshire Place, Lisson Grove—Jennings is my cousin—Amy Reynolds lives with me as my wife—I lodged at Jennings's place; I once opened his door without knocking, he was getting on to the bed, and said he was frightened, and was getting into bed, as he had a dog bite him at Mr. Brunker's, and expected the coachman round—that was the first time I heard about the dog—he said that he was going to summon Mr. Brunker for the dog bite, and said that me and Amy Reynolds could walk by the gate and say that a white dog flew out—I went there and lived with Amy Reynolds, I went away in the morning and came back to sleep—while I was living there Jennings said that he was going to summon Mr. Brunker for 50l. compensation for the dog bite, and he would let me know when it was coming on, and I was to be at the Court with Amy Reynolds to say that we were passing the gate of 34, Circus Road, and a white dog flew out and tried to bite me, and if we said that, it would make it better for him, and I should get paid for it—I said "Who is going to pay me?"—he said "I will, if it comes off all right"—I went to Mr. Brunker about the middle of the week, he gave me his solicitor's address, and I went there with Amy Reynolds; our statements were written down, and we signed them—I was at the County Court on 17th May, when Jennings was in the witness box; I stood up, and he said that he did not know me or Amy Reynolds.
Cross-examined by Jennings. I do not know whether I am your cousin—I did not say?"If the dog bites me I will kick his b—brains out, and make Mr. Brunker pay for it"—I had no one with me, and I can prove it; the man who came and told me you looked up for nine months—I did not fly at you and give your wife a black eye because you would not let me stop at your place, the reason I hit you was because you opened the door to other people, and gave my mother-in-law two months for nothing at all—I am your cousin.
Cross-examined by Cheesman. I met you in Devonshire Street and asked you whether you would repair a waistcoat for me; you told me you would, and if you did not call for it I would bring it to your place in Harrow Street, and I called for it, I wanted it to go to the Derby.
Re-examined. I think it was the week before the Derby; he had ceased to live with Jennings then, and had gone to Harrow Street.
By the COURT. I always thought he was a labourer, but he can do a bit of work with a needle and thread, and I asked him if he could do the waistcoat for me, but he did not mend it.
AMY REYNOLDS . I live with the last witness as his wife at Kilburn Park Road; we lived there about two months—during that time Jennings said that he had had a dog bite him at his crib—that means where
he was employed—I asked him if the man belonging to the dog would not pay him so much a week—he said "He is not as yet, but if he don't I shall punish him in the County Court"—after that he went to a firm of solicitors in Marylebone Road, and told me he had got a summons; he said "You are not wise"—I said "How?" he said "If you were wise you would get yourself a little bit of money"—I said how could I; he said "On the day the case comes off at the County Court you say that one day as you and Weston were passing the door of 4, Circus Road, a white dog flew out and tried to bite you; by saying that, it will make it better for me, and you will get paid; "I replied "Oh, will I?"—he said that three or four times, once in Weston's presence—I afterwards went to a solicitor's office and made a statement, and wrote my name, and the date was put after—I heard nothing from Jennings about the coat or handkerchief—Cheesman lived there before I went and while I was there, and remained after I left, he spoke of Weston as his cousin.
Cross-examined by Jennings. On the day Weston brought me to your place he left me at the area door, and asked for a lodging for me, as my mother had no room for me—he did not on the Friday, when told that he could not stop there, make a blow at you and blacken your wife's eye—I did not see her with a black eye—after you went to the County Court you came to my place with another man; I brought down a box of letters, and you got hold of a letter, tore it up and threw it on the fire—it was from the solicitor to the Marylebone County Court—I did not give it to you or tell you to tear it up—I did not tell you that a gentleman in a light coat had been there, giving me money, and I did not know what it was for.
Re-examined. I have had no money to induce me to give this evidence—I afterwards went to the solicitor's office and then to Mr. Wontner's—I have not been bribed; I have only had two half-crowns conduct-money.
Cross-examined by Cheesman. I have seen you within the last twenty-three years—I saw you in Friday Street several times, but had no communication with you and did not want to, knowing what character you are—you were apprenticed to a coach-maker's smith.
Cross-examined by Jennings. You called on me several times, but I refused to let you into my place—I have known you all my life—you did not ask me to do the coat; I would not do it for you.
WILLIAM PUGSLEY . (Police Sergeant V). The prisoners were summoned to the police-court and should have appeared on 19th June—on 29th June, a little after 7 a.m., I found Jennings in bed, at 29, Norton Road, Shepherd's Bush; Martin brought Cheesman into the room, and I told them they had failed to answer the summons—Cheesman said "That is quite right"—Jennings said "I should like to give old Brunker something—I know Cheesman as Bray; he gave his occupation at the station "tailor"—I said "You were a labourer last time"—he said "Yes, I learnt the trade when I was doing time."
was not there; I found him in a water-closet in the back yard—I said "I suppose you were about to jump over the wall, only you found someone there"—there was an officer outside—he laughed, but made no reply—the warrant was read to him.
Jennings' Defence. I utterly deny their statements.
Cheesman's Defence. I am a jobbing tailor, and my wife and daughter are tailoresses—I can safely say that the coat which Jennings has on is the coat which I repaired and in which I found the handkerchief, for I have my own signature "W. C." in it. (Borrowing a knife and ripping out the sleeve of Jennings' coat but failing to find the initials)—it was a green handkerchief with yellow and red intermixed, and I delivered it up to Jennings. If they say that the tailor in Blenheim Passage has repaired it, why did they go to Mr. Silk to enquire whether he repaired it or no? I wish to ask Mr. Brunker whether this striped silk lining was in his coat. I did put a private mark in the sleeve, but it has worn out.
F. H. BRUNKER (Re-examined). I cannot swear whether this is the lining which was in my coat sleeves, I think it is not—it was a striped silk lining, but I do not remember seeing a pattern like this—I have a coat on now by the same tailor with a plain silk lining, not striped. (T. Milsom here produced a small piece of the lining of the coat he repaired for Jennings.) This is exactly the same. pattern as that produced by Jennings; I should not like to swear to it, my father may perhaps swear to it, as he looks after my coats.
T. MILSOM (Re-examined). All I cut out was the part which Mr. Brunker had worn out with his shirt links—the lining I put into the coat has been taken out—the linings I put in are different to those put in by tailors—I do not recognise this coat and these are not my linings—I do not believe it is Mr. Brunker's coat; Jenuings says it is the coat Mr. Brunker gave him, but I say it is not the coat I repaired.
JENNINGS GUILTY . *†— Eighteen Months' Hard Labour.
CHEESMAN.— GUILTY* of Conspiracy only. — Nine Months' Hard Labour.
THIRD COURT.—Thursday, August 2nd, 1888.
Before Mr. Common Serjeant
764. CHARLES DEACON (33), JOSIAH HENNY (53), and THOMAS HARRIS (52) , Stealing a pair of bronze candelabra, the property of William Ellis. Other Counts for receiving the same, and for stealing within six months a clock and other articles, the property of the same person.
MESSRS. BODKIN and PARTRIDE Prosecuted; MESSRS. FULTON and MURIR Defended Deacon; MESSRS. GILL and SIMMONDS Defended Harris.
WILLIAM ELLIS . I carry on business as a fine art dealer, at 12 and 14, Queen's Road, Bayswater—Henny was in my employment about four years ago—on 20th March he came to me and said that he was trying to obtain goods for a firm of shippers in Fenchurch street, who had American customers—I believe he gave the name of the firm, I would not be certain, either then or at a subsequent interview he said the name was Charles Deacon and Co.—he said they wanted bronzes chiefly,
he wanted a pair of bronze candelabra at the time to show to one of their customers; I understood he spoke of American buyers—I let him have one pair of candelabra to show, and he was to bring them back the same day I understood, if they did not suit—ten guineas was the price—he said "I shall see you again to-night"—he came, he did not bring the bronzes, he told me he had left them with Deacon and Co., of Fenchurch Street, and said he supposed I should have no objectionhe told me the firm would call on me; that he had told them about me and recommended them to call—on 23rd March Deacon called and handed me this card, "Chas. Deacon and Co., 107, Fenchurch Street, London"—he mentioned Mr. Henny's name as introducing him, and said he had American customers for whom he wanted some bronzes—I mentioned the pair I had let Henny have, and said they were very good ones; he seemed rather taken aback, and ultimately said they were too small and did not suit his customer; he seemed to avoid the question; his manner struck me as peculiar, as if he were acknowledging what he did not understand—he walked round my place and selected other things, a bronze clock and candelabra to match, a group of horses in bronze, a pair of old Louis XVI. candlesticks, and a brass Juno and bird, the total value of those articles was 30 guineas—I told him the goods were on sale or returnable at any time to my order if not sold—this is my sale or return invoice-book; there was a verbal agreement and then I wrote this and endorsed it, and he signed it in my presence: "On sale for cash only, or return any time to order—Deacon"—I added afterwards, "Pair bronze candelabra, by Henny," after the signature for my own guidance—the same evening Werner or Porteons called, he said he came by Deacon and Co.'s instructions, and he took the articles, value 30l., away in a cab—I delivered the invoice with the goods to him, I think—on or about 30th March Deacon came, bringing Harris with him—Deacon spoke first. (MR. GILL took the objection that the conversation which took place on the 30th March, and which related to alleged frauds not included in the Indictment, was not relevant or admissible on an Indictment charging specific larcenies, on 20th and 23rd March. MR. BODKIN argued that as the indictment was for fraudulent conversion any evidence as to the state of mind of the persons dealing with the goods was admissible. MR. FULTON was not aware of any case in which in a larceny indictment evidence had been given of an attempt to procure other goods subsequently. The COMMON SERJEANT, after consulting THE RECORDER, ruled that the evidence was admissible.) I did not know Harris's name at that time—Deacon introduced him as the American customer—he said "This is my American buyer. Mr. Ellis, and then we went from my front gallery to my studio at the back, and Deacon put out his hand with a piece of paper (which I have destroyed) for me to take—on it, in Deacon's writing, in pencil, was: "If this gentleman buys anything put on 10 per cent, for me."—I showed them round my gallery—they first fixed on a pair of valuable candelabra—I gave them the price—he said he wanted some not quite so expensive—I then mentioned the pair that had been already sent, and said they must not depreciate them because of the low price put on them—Harris said "They are not sufficiently important," and then he said they had electric lights in nearly all the houses in America,
and he wanted something of sufficient importance to take the electric light, and that these would just be the thing for him—they looked at between 300l. and 400l. worth of articles—they and I made notes of the articles they selected as what they would like—Mr. Deacon wished me to send some of the goods to the value of eighty guineas—I excused myself from sending them on the ground that they were liable to damage:—I did not get back the articles I had sent—on 4th April I wrote this post-card. (Asking Deacon to lose no change of selling the clock and candelabra, and saying he would deal liberally with him, being well aware how hard it was to sell, and that he would take 25l. for a pair of paintings.) I received this answer, dated 107, Fenchurch Street, April 7 th. (In this Deacon said he would call early in the week; that he had not yet sold the dock and candelabra, and would he take less than 14l. for them.) I saw Deacon write in the book, and I can prove one of these letters is in his writing—I wrote this letter of April 9th to him, and sent it by post. (This said he would allow a liberal discount off all the articles except the bronze horses, being anxious to do business; that the mantel suite was worth 20l., and that he must ask him to obtain some reasonable offer in cash or return the goods, and that lie could not name a lower price than 40 guineas for the Dresden clock, but that he was open to an offer.) On 16th April I wrote this letter to Deacon. (Saying he should feel obliged by his early attention, as he had a large sum to make up within a week) There is a note at the bottom of it in Deacon's writing to the best of my belief: "Answered, paying would try and call to-morrow or Friday; gentleman not yet returned from Paris; fear shall, have, to return clock and candelabra"—he told me in his letter, which I have destroyed, the gentleman, had bought a lot of pictures in Paris—I wrote him this post card. Saying he hoped to see him on Friday, and that under the circumstances he would leave it in his hands to do the best he could with the clock and candelabra; it was no use to stand out for price.) In answer I received this letter. (Asking if he should close with an offer he had had of 55l. for the goods on approbation, and the Dresden clock, and saying he could not get up today, as he had a buyer with him.) I then wrote on 21st April, put the letter in an envelope, and addressed it—I cannot say I posted it myself; I know it was posted. (MR. FULTON said the prisoner did not receive the letter. MR. BODKIN did not press it.) On 5th or 6th May I called at 107, Fenchurch Street, about mid-day—I found Deacon and Co.'s office shut up—I went back afterwards; it was still shut up—the second or third time I went I saw the housekeeper, and I then went to 11, Cullum Street, where I saw Porteous—I handed him a registered letter, and got this receipt from him: "Received from Mr. W. Ellis, registered letter containing notice to deliver up his goods, value 41l., brought from Queen's Road by me"—on 11th May I received this letter from Harris. (Stating that he would can on Saturday morning at 10 o'clock, and signed" For T. Harris. J. W.") Next day Harris called on me—he said • "You remember me; I came with Mr. Deacon"—I said "Oh, yes, you are the American buyer"—Harris said "I have been to America, and I have American customers," something of that sort "but I was not a buyer"—I said "You went round my stock, and said what would suitable for America; I am told you are a partner of Deacon"—he said "Oh, no, I am only a personal friend of Mr. Deacon's; I am no
partner, but I have advised him as to the purchase of goods; I have been with him a good deal, but I am not a partner"—he said he was very sorry Deacon had gone away, and he would try all he could to get the goods back again, "And I will see you have your goods or the money; you may make yourself quite easy on that point"—he said "I did not see any of your other goods, with the exception of that pair of candelabra"—that was the pair I valued at 10 guineas on 20th March—I don't remember his saying anything more—I was very much annoyed with him—he was not successful—I got none of my goods back—I saw Deacon when he was arrested—I saw Henny, and told him he was entirely to blame for my losing my property, as I should never have let him have the goods but for these; he expressed his sorrow, and said he had no idea that they were the kind of men they were; he said they had given him a good deal of trouble, and owed him money—he did not admit that he had taken any part in disposing of the goods at the time—I received a communication, and then went to Henny's house, and told him I was very much astonished to learn that he had admitted to a gentleman with whom I had business that he had pledged some of my goods by instructions of the firm—he parried it for some time, ultimately he admitted it was true, but he said "I am not to blame; I had to do what they told me; I got them to take them out since, and repledge them, and they have shown me the ticket; they are not in my name any longer"—he said Harris had told him to pledge the goods, and after Deacon absconded he wired Harris and said he was not going to be blamed, they were in his name, and he persuaded Harris to take them out of pawn and repledge them in his (Harris's) name—I told him that would not exonerate him—I took down this statement from Henny: "I, Josiah Henny, deeply regret to have to confess that the firm I introduced to Mr. William Ellis, viz., Charles Deacon, T. Harris, Freeman, and many others, trading under the name of C. Deacon and Co., 107, Fenchurch Street, and 11, Cullum Street, and who obtained a lot of property of him, are nothing but swindlers, and that they pawned his goods very shortly after; one lot at Barnard's, in Oxford Street, near Chancery Lane, in my name, for 3l., which I gave to Harris, and he let me have. 1l. out of it. It was Harris who first asked me to tell him where he could get some bronzes, and I told him of Mr. Ellis. I believe all the lot are pawned, and promise to assist all in my power to recover Mr. Ellis's property. J. Henny"—he signed that in my presence—I gave informal ion to the police, and as far as possible Henny seemed to assist us, but ultimately my Counsel would not have his evidence—I was present when Deacon was arrested in his bedroom by Detective Sergeant Martin—Deacon turned to me, and told me I had been very badly used—he was taken in a cab to the station; I rode on the box—when I got down, he said "I should like to speak to you before you go, Mr. Ellis, I am willing to admit what 1 have done, but I am not going to be blamed for what I know nothing about. That first candelabra that you told me about, I may as well tell you now I never saw them or knew anything about them"—I reminded him that he had acknowledged having them—he said "I tell you now I never saw them"—I can quite believe he had not see—I saw some of my candelabra at Barnett's.
Cross-examined by MR. FULTON. Deacon spoke in the cab to the effect that he was willing to admit what he had done, but not what he had
not done—his signature in the book is before the words "Pair of bronze candelabra, by Henny, 10 guineas," which was written afterwards—if it had not been written afterwards, Deacon would have been at the bottom of the whole matter—my own impression was that he had not seen them, because I remember he was very evasive when I told him about them; he seemed to be acknowledging what he did not understand—Henny was the person who had the dealing with regard to the candelabra so far as I was concerned, but he brought it to the knowledge of both of the others—Henny was four years ago in my service, for about eight months I think; I have seen a good deal of him since—I had never known Deacon at all—I made no enquiry about him, I took Henny's introduction and acted on that—I always found Henny trustworthy—it was not specified what time the goods were to be returned if not sold; I sometimes have goods out for a year—I am in the habit of entrusting goods to various agents, to keep them indefinitely till sold, it is for me to order them to be returned when I please—I may leave them with them for years—works of art do remain on hand a long time; I have had goods two years on approbation—I may have something I must take a lowish price for and wait till I get a good market—dealers in a small way may from time to time raise money temporarily on articles, meaning to redeem them; I should think there was nothing dishonourable in raising money on articles if they were his own, but I should decidedly object to his raising money on other people's—I had not trusted them to Deacon believing they might remain on his hands indefinitely—these articles were placed in Deacon's hands to show American dealers, and were pledged immediately—if I have confidence in agents I leave things in their hands for a year or two without requiring them to return them.
Cross-examined by Henny. I gave you the things to show, and promised to pay you if you sold them—I did not give you sanction to hand them over to Deacon; you asked my consent the same day, I cannot say it was previous to your leaving them; you told me what you had done, and that you would ask him to call on me.
Cross-examined by MR. GILL. I first saw Harris about the 30th—I believe I had never seen him till then—he did not give me his name at the time, and I did not know it up to or at that date—I parted with the first candelabra readily to Henny to show to Harris to try and sell, that was the inducement—I had known Henny, and at that time I did not know of the existence of such a person as Harris—Harris in no way tricked me, or came in contact with me, or did anything to induce me to part with my goods, but Henny spoke of them as a firm—Harris said or wrote nothing that induced me to part with my goods, rather the contrary; we did not like Harris's appearance, and would not let anything more go—I had not seen Harris up to 20th and 23rd, when he was charged with stealing—he had never written to me—the goods were parted with to go to an American buyer, and Harris was described as Deacon's American buyer—I had not seen Harris then, and his name was not mentioned to me—the inducement to part with the first goods was that Henny was acquainted and doing business with a firm of shippers, who had an American buyer wanting bronzes, and especially bronze candelabra, and I let him have that pair to show this firm for this American buyer—Harris's name was not given—I took no receipt for the first goods—this is my receipt in the book for the second lot—Deacon signed it—I first saw Harris some few days afterwards—I believe
he then told me he had been in America several times, and knew the American market and American buyers or customers, and the sort of things that would be suitable for selling to them—he told me he had been with Deacon a good deal, and had advised him; and he mentioned a firm where Deacon had taken nearly 300l. worth of goods and shipped them to America, and they were returned—it was a voluntary visit he made to me; he came because I had been there the day before, and made very strong statements—I don't think he came voluntarily, I put very strong pressure on him—I had been to his office, 11, Cullum Street, the day before, and left a message with his clerk—I should think I had been to 11, Cullum Street, seven or eight times, but I had not seen him on each occasion, I had seen his partner—before he called on me I had been several times to Cullum Street; I had only seen him once in the office; that was a day or two before he came to me—then I wrote and he wrote and he called—I saw him twice within a week—Henny at first denied all knowledge of pawning, and that he had had anything to do with pawning—afterwards, when I told him I knew he had pawned, he said Harris had told him to pawn, and afterwards that it was Deacon who told him to pawn—he has told a good many lies—we said he should be either in the witness box or the dock; my Counsel said he should be in the dock—I don't know which of his lies to believe—he told me in the information I wrote down that he had given the money to Harris—the statement was my composition, he read it in the presence of his wife, and he signed it—I don't think he would have signed anything that I wrote; I should not have allowed him to do that—he had not made a variety of statements at that time, not till afterwards; I think he was a catspaw, I have known him for years, and always found him thoroughly honest and straightforward; he was entirely responsible for my parting with the goods, because of the belief I had in him.
Re-examined. This is my "on appro, book"—from what he told me afterwards I believe Deacon had never seen the first pair of candelabra—when I first told him about them he seemed confused, and seemed to be pretending things he did not understand—he gave me the name of Sellinger as the firm from whom the goods were got, which were sent to America and came back.
JOSEPH VANNER PORTEOUS. I live at Cottage Street, High Street, Poplar—in November, 1887, I went into Deacon's service, and remained in it till April, 1888—his business name on the door of 107, Fenchurch Street, was "Charles Deacon and Company"—there was no company to my knowledge—I have seen Harris at 107, Fenchurch Street, probably three or four times a week in company with Deacon, and sometimes when Deacon was not there—he asked for Deacon, if anybody, when he came in—there were two rooms on the third floor at 107, Fenchurch Street—one was an outer office, and the other a private office in which Deacon used to sit—I saw Harris in the private room occasionally with Deacon—I know Deacon's writing; these letters are in his writing, and the note at the bottom of this letter—these other letters I wrote in the name of Charles Deacon and Company, and signed "pp. J. W."—I called myself Joseph Werner—on about 22nd March Deacon mentioned Mr. Ellis's name to me (I don't think any one else was then present); after that I went to Mr. Ellis's office and brought away some goods from there to Fenchurch Street—I then saw Deacon—I don't remember any one
else being present—I suppose Harris was there, I can't say for certain—I was threatened when I made that statement at the police-court, and that evidence was given under threats—I unpacked the goods in Deacon's presence; Harris may have been there—on 26th March Beacon gave me instructions to take the brass clock and candelabra to Smith and Dymond and pawn them—I think Harris was present—I pawned the goods there, the clock for 1l., I think, and the candelabra for 15s.—I had an ordinary pawn ticket—Deacon said I was to pawn them to get a little money to carry him over until the following day—I took the 1l. 15s. back to the office and gave it to Deacon—Harris may have been there, I daresay he was—Deacon gave me 2s. not especially for going there—the next day I went again to Smith and Dymond's with a group of bronze horses and an old bronze figure and a pair of candelsticks, but they did not take them in—on or about 27th I took some candelabra to Smith and Dymond's; the money I got I took to Deacon—I think Harris must have been present when Deacon told me to take that lot of goods—those were the only times I went to Smith and Dymond's—on 24th March I took by Deacon's directions to Harrison, a pawnbroker in Aldersgate Street, bronze ornaments and a pair of Louis XVI. candlesticks—I gave the £3 I got to Deacon—at other times I have pawned other goods than those here by the direction of Deacon, not by Harris's direction—Deacon paid my wages when they were paid, but they were seldom paid—Harris has given me money, but not as wages—at Fenchurch Street business was carried on, and there was appearance of business while I was there from November till April—people did not call there especially to see Harris—I went to Cullum Street because the landlord seized the furniture at Fenchurch Street, and the office was closed; Deacon went away, and Harris wanted some one to go with him, and asked me to go—he was going to carry on business as a dealer in cigars and horse racing, betting was carried on the premises—I did not notice Deacon come there—Harris was there regularly—I have seen Henny there—Harris was about three months at Cullum Street, one quarter; he paid my wages, which began some time in April—I don't know where Deacon went—Harris was not taken into custody at Cullum Street—I was supposed to be attending to the business there at the time he was taken.
Cross-examined. by MR. GILL During the time I was at Fenchurch Street Harris did not write any letters or conduct any business; he did at his own place, Cullum Street—I have known Harris 22 years, during the whole of that time no charge of dishonesty or fraud has ever been made against him.
THOMAS CAUDELL . I am assistant to Mr. Barnett, a pawnbroker, of 319, High Holborn—on 20th March a man giving the name of Josiah Henny, pawned a pair of bronzes at our shop for £3—I don't know that I identify Henny as the man, I have seen him before, but I don't know where—the man pawning signed this contract note "Josiah Henny"—on 25th May they were looked at, the interest was paid, and the name was changed to Frederick Fogill, 67, Chancery Lane—the goods still remain in our custody.
SPENCER HOWARD . I am assistant to Smith and Dymond, pawnbrokers, 80, Newgate Street—on 26th March this brass clock was pawned for £1 by Porteous in the name of John Geagan, of 107, Fenchurch Street—on 27th March the same man pawned this pair of brass candelabra
for 15s. in the same name and address; this is the ticket—they are still in pawn.
ARTHUR KELLY . I am assistant to Henry Harrison, pawnbroker, of Aldersgate Street—I produce two bronze ornaments, a figure, and a pair of candlesticks, pawned on 24th March by Werner for 3l., this is the contract note for three months.
JOHN MARTIN (Police Sergeant F). On 23rd June I received a warrant against the three prisoners for conspiracy, and in pursuance of it I went with Mr. Ellis to 55, Sandmere Road, Clapham, Deacon's house—a lady opened the door; she went away, and came back and said something, and then we went into the house and saw Deacon—I told him I was a police officer, and should arrest him on this warrant, which I showed him—I cautioned him—he said (I took it down shortly after) "I did not intend to defraud this gentleman. The goods are pawned, and I can produce the tickets. I know this gentleman has been treated badly"—Mr. Ellis said "I cannot afford to be swindled out of my goods," which he mentioned—Deacon said "Some of those things I know nothing about"—I said "You have got some office at 107, Fenchurch Street"—he said "Not now, I have been trading there as Deacon & Company"—I said "Who are the company?"—he said "I have got no company"—I took him to the station; he was charged; he said nothing—I afterwards went back to, and searched, 55, Sandmere Road, but fouud nothing relating to this offence—the same night I went with Sergeant Bartley to 32, Farrant Street, Queen's Park—I saw Henny in the street; I told him I was a police constable, and was going to arrest him on this warrant—I cautioned him—he said "What I did was on commission. I pledged articles to the amount of 3l.I gave the money to Harris and Deacon; when I found that they were swindlers I turned them up; I have not seen them for the past month"—about 12 o'clock on that day I went to 67, Solon New Road, Clapham, Harris's house—I did not see him, but received information, and went there at 2 o'clock, but was pushed out of the house without seeing him—I went there at 3 o'clock on Sunday afternoon, 24th June, and got in, but was pushed out by Mrs. Harris and her son and another man—about 3 o'clock on the morning of 25th June, I found Harris in his bedroom—he said "What do you want?"—I told him I was a constable, and cautioned him, and told him I was going to arrest him on the charge in the warrant, which I read to him; he said "Pooh, pooh!" and snapped his fingers and said "I do not know Henny; I know a man named Spider"—I said "Are you a partner of Deacon?" he said "No, I am no partner of Deacon's; I have had some transactions with him, but I know nothing of Mr. Ellin's property; I believe he has been treated badly"—I took him to the station, and went the same day, 25th June, to 11, Cullum Street—in consequence of what I was told there, I went to 11, St. Bennet Place, the name of Tidman and Company was up there—the name Harris and Company was up at 11, Cullum Street; there was no description of business at either place—on Deacon were found, when searched, a small pocket-book and memoranda—on Harris were found memoranda in a book—a small book was found on Henny—everything I found I handed to Mr. Muskett, who is acting for the Treasury, including the prisoners' letter-book, which was found at 55, Sandmere Road.
HERBERT GEORGE MUSKETT . I am a solicitor, and I am acting in this matter for Messrs. Wontner and Sons, agents for the Treasury—Martin handed me certain papers, some of which are produced; among them are 33 pawnbrokers' duplicates, extending from 24th March, 1886, to 14th June, 1888, found on Deacon—a press copy letter-book, containing 15 copies of letters to various firms, from 7th February, 1888, to 28th February, 1888, in all of which various references are made to "our Mr. Harris"—most of them were signed "per C. Deacon and Co., J.'W."—on 2nd March, 1888, is a press copy letter addressed "Dear Spooner," and signed "T. Harris"—on 23rd February is a press copy letter to Alexander Dentre, of Rome, signed "Charles Deacon and Company, J.W." containing this passage: "In reply to yours of 18th instant Mr. Harris is a junior partner in our house"—on 4th April, 1888, is a press copy letter to M. Nicolai, of Bordeaux: "Your favour of 15th March would have been answered sooner but for the absence of our principal in Spain"—on the same date is a press copy letter to Deceure and Company, of Bordeaux, saying "The absence on a journey in the north, of our principal, is responsible for our delay in answering your favour"—other memoranda and books can be produced if it is wished.
Henny in his defence said that he handed over the things to Deacon after he had received permission to do so, and that he pawned them for Deacon and gave the money to him. He received a good character.
NOT GUILTY .
There was another indictment against the prisoners for conspiracy and fraud, which was postponed to next Sessions.
OLD COURT.—Friday, August 3rd, 1888.
Before Mr. Justice Hawkins.
765. CHARLES HENRY HARROD PLEADED GUILTY to unlawfully publishing certain libels of and concerning Sir Reginald Hanson. The prisoner apologised for his conduct, and pledged his word not to repeal the offence.
To enter into his own recognisance in 40l. to appear for judgment if called upon, and to keep the peace for Twelve Months.
MR. POLAND Prosecuted; MR. HUTTON Defended.
MR. RIBTON Prosecuted; MR. GEOGHEGAN Defended.
MATTHIAS FINNERTY . I live at 54, Field Road, Fulham—I am a gasfitter—the prisoner occupied the first-floor front-room unfurnished—on 15th July, about 4.20 p.m., I was lying down when I was awakened by a scuffle at the front-door—I jumped up—I found the prisoner at the street-door, but inside, trying to get past my wife—he had been drinking—the first-floor front-room was locked—his wife had locked herself in—he said he intended to go into the room, whether he broke
it open or not—he said he knew he could be locked up for breaking the lock—he forced the door open—the wife screamed—I sent for a constable—two policemen came—the fireplace in the room was strewn with flocking from a bed and piled up in the fireplace, in the grate and on the hearth—the rest of the flocking was scattered about the room, and some linen—it was alight—the constables put it out by stepping on it—they took the prisoner in charge.
Cross-examined. This was on a Sunday—the prisoner and his wife had a row on the Saturday—the prisoner tried to burn some clothing—I saw it on the floor—he said he should do what he liked with his own furniture—I said at the police-court: "He was drunk," and said he should do as he liked and burn the lot.
JOHN DUNN (Policeman P 280). On Sunday, 15th July, I was called to the prosecutor's house—I went with Thomas Knight, another constable, to the first-floor front-room, about 5 p.m.—the prisoner was sitting in a chair by the fireplace—the room was covered with flock, and the fireplace, and on fire about the room—we put it out by trampling on it—this piece (produced) was near the foot of the bed, near a straw mattress belonging to the prisoner—I asked him what he wanted to set the place on fire;'or—he said "Every man can do as he likes with his own furniture, and I shall do as I like with mine; that is mine and I shall burn it"—he was not drunk, but had been drinking—he knew what he was doing—he was taken to the station—this lot of linen rags was burning near the foot of the bedstead.
Cross-examined. This linen would smoulder—a table was in the middle of the room—the prisoner had smashed it—the prisoner had gone for the table, done for the bed and thrown the ticking in the street—the ticking was not burnt—I was called in about 4 o'clock because of the prisoner's row with his wife—he had been drinking too much.
GEORGE WROTHLEY (Police Inspector P). About 6 p.m. on 15th July I found the prisoner at the police-station—I went to 54, Field Road—I found the fireplace and hearth-stone covered with burning flock, and the floor covered with rag and stuff and stain marks from burning in several places—I went back to the station—the prisoner was charged—when I read the charge to him he said "You charge me with setting fire to things in my own room; I can burn my own things if I like."
The prisoner in his statement before the Magistrate said"I am innocent of trying to set fire to the place. What fire there was in the grate when the constables came in, and those rags were well bundled up tight, and quite dry, just as they are now. I had had a little drop of drink extra, or it would not have happened."
For cases tried in New Court, Friday, see Kent and Surrey cases.
THIRD COURT.—Friday, August 3rd, 1888.
Before Mr. Common Serjeant.
MR. PARTRIDGE Prosecuted; MESSRS. GEOGHEGAN and LAWLESS Defended.
NOT GUILTY .
MR. PARTRIDGE Prosecuted.
HENRY LLOYD . I am a foreman baker, of 2, Spencer Road, Stoke Newington—on Saturday evening, 21st July, I went into the Army and Navy public-house at Stoke Newington—I tried to make my way to the bar for half an ounce of tobacco, and I was pushed right and left, and my hat was knocked forward over my face on two or three occasions—the prisoner Alfred then struck me a violent swinging blow under the left jaw—I tried to make my way out, but was hustled and pushed about, and as I got to the door I was pulled by my coat collar by some one—eventually I got outside, and I was thrown on my hands and knees—I felt a man's hand in my pocket; I don't know who it was—I saw two men, who were the prisoners to the best of my belief, running away—I scrambled out of the crowd and ran 100 or 150 yards, but was surrounded by the mob, and thrown down two or three times—I then got out of the crowd, and met the constables and complained to them, and they arrested one of the prisoners—when I met the constables I looked in my pocket, and found 1s. 5 1/2 d.—I expected to find about 9s. or 10s.; the difference was gone, but I could not say exactly what I had spent—I was perfectly sober when I went into the house; I had had a glass or two—I called for half a pint of beer in the house, but had not drunk it—I next saw the prisoners at the police-station, where they were charged with assaulting me; they were by themselves—I said they were the two men that I believed were principally in. the assault—I had never seen them before to my knowledge—they denied the charge, I believe.
Cross-examined by Thomas Perepoint. I first saw you outside the Army and Navy—you gave me a swinging blow with your left hand, and I don't know whether it was your fist or anybody else's, but I went on my knees—it was between 10 and 20 minutes past, I should think—I have no recollection of your speaking to me individually; everybody was speaking—it is impossible for me to say who put a hand in my pocket—I did not see you in the Army and Navy—I should be sorry to say you touched my pockets—to the best of my belief you are the two men that ran away down Trueman's Place—I ran after them and called "Stop thief!"—I never got near you; I was upset—I cannot say where you were arrested; I believe it was outside the Army and Navy; one of you was, I cannot say—I complained to the police that I had been knocked down and ill-used by some men in the crowd—I cannot remember that I said anything else—I was rather excited and irritated at the time—I was not drunk when I came to the station on the Saturday night—I said I had lost 5s. or 7s.
Cross-examined by Alfred Perepoint. I 'saw you outside the Army and Navy between 10 and 20 minutes past—I was in the compartment at the corner of Prince Edward Street—it is impossible for me to say who pushed me about in there; three or four, or it might be half a dozen people, were pushing one another—there might have been 40 in the bar—I was seven or eight minutes I should think in the bar—I had been in the public-house a few minutes before in another compartment—I had not been turned out of the house previously, nor had I any quarrel there or outside; I was perfectly sober—I had not been drunk, or worse for drink that day at all—I had not been quarrelling with my
wife; I never quarrelled with her; I was with her when this occurred; we had no words—she took no money from me, only what I gave her—she did not take my watch off me, because I had not got it on me—I was shoved by the mob generally, outside—Thomas is the only one I know who did it—he gave me a swinging blow on the side of the head; I went 3 or 4 feet and fell on my knees, and then I felt a hand in my pocket—I said something, I can't say what—there might have been 50 or 60 people there—the crowd might have stayed there from five to ten minutes before they ran away—I was five minutes in and out of the house—I had been in the Army and Navy before, and called for half of mild and bitter, but I left the public-house to go to the urinal, and did not drink the ale—I looked in, and a quarter of an hour after I went in the house for half an ounce of tobacco, but I could not get near the bar, and was hustled and pushed out—I saw a policeman nine or ten minutes after I ran after you, in the Bowling Road, more than 400 or 500 yards I should say from the Army and Navy—I complained to the police of being ill-used inside and out the Army and Navy by some men I did not know—I went with the policeman and pointed out Thomas, who was arrested—I was thrown down several times outside the Army and Navy and several times in Trueman's Place, where I was mobbed.
Re-examined. Alfred hit me in the jaw, and Thomas struck me—I did not suffer from the blows, more than smarting for an hour or two.
AMELIA SCOTT . I am the wife of Joseph Scott, a farrier, of 30, Spencer Road—on the evening of 21st July I went into the Army and Navy with my brother—I saw Lloyd first inside, and afterwards outside with his wife a little the worse for drink—he was having a few words with his wife—the prisoners came along, and some men, and pushed and shoved Lloyd till they got him into the middle of the road—they knocked him down—I sent my little boy for a policeman—I saw the prisoners do nothing else to Lloyd—I saw nothing done to him inside the public-house—I don't know what the prisoners did before they pushed him about—Alfred hit him first, and Thomas after—they, were pushing and shoving about.
Cross-examined by Thomas Perepoint. This was a few minutes past 10 o'clock—I said at the police-court from 10 to 20 minutes past—I was the first to send for the police—I don't suppose three minutes had elapsed before they arrived—you were arrested against the Army and Navy, in Prince Edward Street—you struck Lloyd; your brother urged you to do so.
By the COURT. I know Thomas by sight.
Cross-examined by Alfred Perepoint. I saw the prosecutor go in a few minutes past 10 o'clock—I did not see him drinking anything; his wife was—I did not see him many minutes then—I saw him come out with his wife—they had not been quarrelling above two minutes when you went up and pushed him about—not many people were round till you pushed him about; then a crowd began to come—five or six men, boys, and females were there when you started pushing him, and then hit him once under the chin and knocked him down; you had pushed him into the road—when the police came the prosecutor was on the ground—I saw no money—I went away about my business—I saw your brother arrested by the three policemen—I don't know where you were then—
you took yourself off sharp when you saw the policemen—you struck the prosecutor first.
ALBERT SCOTT . I am eight years old, and son of the last witness—on Saturday night I was with my mother in Mathias Road, and saw the prisoners—I saw Alfred hit Lloyd, and Thomas put his hand in Lloyd's pocket, and then into his own; then Thomas hit him, and then I went and told a policeman—I saw the prisoners afterwards the same night, at Dalston Police-station, in the dock—I recognised them as being the men I had seen before.
Cross-examined by Thomas Perepoint. I was in front of the crowd when I saw you put your hand in the prosecutor's pocket; you were in the middle of the crowd in the road—the prosecutor was standing up—it was his overcoat pocket—I don't know which hand you put in.
Cross-examined by Alfred Perepoint. I first saw the prosecutor in the Army and Navy—I was with my brother, not with my mother—neither of you did anything to the prosecutor inside—I was outside when you came out—I saw Thomas fighting with the prosecutor in the road outside—they punched one another; I did not see them kick—the prosecutor only fell down—he said nothing—he got up and was going away, and Thomas pulled him back, and hit him again—I saw the prosecutor and the crowd go away—some went one way, and some another—Thomas went away with the policeman, who took him out from the Army and Navy—my mother was not with me then—I did not see you.
GEORGE WHITFIELD (Policeman J 424). On this night I was called to the Army and Navy, where I saw the prosecutor, who was perfectly sober, and the prisoners, who were doing nothing at the time—the prosecutor told me in the hearing of Thomas, (the other prisoner had gone away at the time) that he had been knocked down and violently assaulted by Thomas and his brother, and others not in custody—I took Thomas into custody, and handed him over after a little time to Williamson—at first he was drunk and very disorderly, but five minutes afterwards he went very quietly—the following morning at 12.40 I took Alfred, whom I found outside the Army and Navy, talking to the landlady—I told him I should arrest him for being concerned with his brother, and others not in oustody, in highway robbery with violence—he said nothing to the charge; he said he was talking to the landlady about bailing out his brother—the prosecutor had made another statement to me between the time of my taking the first and second prisoners, in consequence of which I charged Alfred with assault and robbery—Alfred made no answer at the station when charged with highway robbery with others—he was very violent—Lloyd had not left the station, and when Alfred was brought in he said "That is the man that first struck the blow"—the little boy said "That is the man (Thomas) that put his hand in the prosecutor's pocket, and took his hand out of his pocket and put it in his own"—Alfred was there at the time—the prisoners cross-examined the boy, and said a few words which I cannot recollect.
Cross-examined by Thomas Perepoint. I arrested you at quarter past 10 o'clock—I said you would be charged with being drunk and disorderly and assaulting the prosecutor.
Cross-examined by Alfred Perepoint. I saw you after I arrested your brother, you told me you would take your brother home quietly; I said no, he had been charged by the prosecutor, and I told you if you
did not leave your brother alone I should take you for attempted rescue, and then you let him go—only one policeman took your brother to the police-station, I went there with the prosecutor to see who else was concerned in the affair—Mrs. Scott was not there when he was put in the dock—I came as soon as I could to arrest you from the information Mrs. Scott and her boy gave me in Bowling Road—I first got information of this row from the prosecutor, who ran down Bowling Road and met us as we were going on duty at 10 o'clock—he said he had been knocked down and violently assaulted outside a publichouse—he did not give your name, he said he could point you out; I asked him if it was the gang that infested this same publichouse, and he said "Yes," and I said "I think I know them"—I believe you are very well-known round the neighbourhood, Mrs. Scott lives round there and all the family—I don't know if she knew you—I don't say she told me your name, I daresay she knew from hearsay—she said she knew you.
Cross-examined by Thomas. You struck me in the chest.
Thomas in his defence asserted his innocence and said he was outside the publichouse, and saw a lot of boys and girls and was going tome, when he was arrested.
Alfred said that the policeman had said a week previous to the occurrence that he would make him have a row with him, and that on this day he saw his brother in custody, and said he would get bail for him; and that he was waiting for the landlady, who promised to be bail, when the constables came, and asked him to bail his brother; and that he went to the station for the purpose, and that when he got there he was put in the dock and charged.
GEORGE WHITFIELD (Re-examined). I found on Thomas 1s. 11 1/2 d. and on Alfred a knife; there was some silver money on him, which I forgot to take away—I did not tell him I would make him have a row with me.
GUILTY of assault with intent to rob.
—ALFRED PEREPOINT then PLEADED GUILTY** to a conviction of felony in September, 1885.— Nine Months' Hard Labour. THOMAS PEREPOINT— Six Months' Hard Labour.
MR. EDMUNDSON Prosecuted; MESSRS. GEOGHEGAN and LAWLESS Defended.
NOT GUILTY .
OLD COURT.—Saturday, August 4th, 1888.
Before Mr. Justice Hawkins.
MR. HUTTON Prosecuted; MR. PURCELL Defended.
ANNIE HOLDEN . I live at the Catherine Hotel, Victoria Park—on 25th Jane last I was barmaid at the White Lion public-house in Little James Street, Bloomsbury—I am acquainted with the prosecutor and the prisoner—on 25th June, about half past 8 or 9 in the morning, I saw them together in the White Lion—I did not hear what passed between them—the prisoner called him names, and I saw the prisoner pick up a stool to hit the prosecutor with—the prosecutor went round to stop him, and the prisoner put the stool down—there was no struggle between them—the prosecutor then left the bar, and as he was leaving the prisoner said to him "Your life is not your own; I mean doing for you"—that was all I saw pass.
Cross-examined. The prisoner was the potman, and I was barmaid; I had been there about two years and a half; the prisoner was there when I went—the commencement of the unpleasantness was that I complained of the way in which he washed out the tankards, and he was rude to me—the prosecutor is my young man—the prisoner said something rude about him, I mentioned that to the prosecutor on the Sunday following, and on the Monday he came to the house to see the prisoner, that was when the prisoner said "Your life is not your own; I mean doing for you"—they were both very angry, and were talking for about ten minutes—I did not hear what they said—the prosecutor did not get the prisoner down on the floor, he had got his hand on his shoulder, because the prisoner picked up the stool to hit him—they were on the customers' side of the counter—I saw the prosecutor in the evening, and told him I had left—I left of my own accord—I believe the prisoner had notice to leave.
Re-examined. The prisoner called me a b—cow, and said he would rip Mansel's guts out.
FREDERICK MANSEL . I am a compositor, and live at 39, Great Ormond Street—I went to the White Lion early in the morning of the 25th June to speak to the prisoner about his conduct—I told him if he called me again the name I was told he had called me I should give him a sound thrashing—he said if I touched him he would dash my head in with the stool, and he went round the partition towards the stool—not wishing to have my head dashed in, I went for him, I caught him by the throat and shook him, and said if it occurred again I should certainly give him a hiding—I called him a b—monkey, and left the house—as I left he said my life was not my own, he meant doing for me—on Saturday morning, 30th June, about 9 o'clock, I was in Great Ormond Street, and saw the prisoner walking in the road—he called out "Fred" and I stopped, and he stopped too, he presented a revolver at my head, and said "I have been waiting for you two or three nights, now' have it," and he fired—I put up my hand to my head, and the bullet passed through my hand—I called "Police" and a constable came up and took him into custody, and I went to the hospital in a cab.
Cross-examined. When I went into the public-house on the 25th I said "You have been using my name, and have referred to me as a dirty Puppy, if it occurs again I will give you a thrashing," and I seized him by the throat, and held him till the barmaid told me to let hi n go—I
threatened to chuck him out of the house—I did not get him on the ground and kneel on his chest so that he could not breathe—I had never spoken to him before that day except to say good evening—on the 30th when I first saw him his back was to me, about 8 or 10 yards from me—directly I saw the revolver I put up my hand and leant my head over my shoulder—my hand is slightly stiff and sore now—the policeman came up in less than a minute, there was time enough to fire again.
EDWARD WOODGATE . I live at 47, Ormond Road—I am about twelve years old—on 30th June, about half-past 9 in the morning, I saw the prisoner and prosecutor in Great Ormond Street—the prisoner fired it him with a revolver.
Cross-examined. The prisoner was in the road, the prosecutor was on the pavement—I was in the road—after the prisoner fired he stood still—the prosecutor walked towards him and passed him when he sat the policeman coming.
JOSEPH WYMAN (Policeman E 142). I was on duty in Great Ormond Street—I heard the report of firearms and went in that direction—I saw the prisoner standing in the road with this revolver in his band—I secured him—he said "I hope he is satisfied now"—I examined the revolver; it was a new six chamber one; five were loaded with ball. cartridge—the prosecutor was about 10 yards from the prisoner when I came up—I was about a minute getting up to them.
Cross-examined. The prosecutor said "He has shot me through the hand"—the prisoner said "He drove me to it."
JAMES MALLETT (Police Inspector). The prisoner was brought to the station on 30th June—the constable told me he had shot a man—the prisoner said "The man very nearly strangled me the other day, and I could not help it, it stuck in my heart ever since, I am very sorry for it"—I extracted the five cartridges from the revolver.
TIM CURT (Police Sergeant). I told the prisoner I wanted to search him—he said "There is no need to search me, I have nothing else, my brother, who is away at sea, gave me the revolver, he brought it with him from America"—I afterwards went to his lodgings, searched his box, and found 37 cartridges exactly similar to those that were extracted from the revolver.
EDWARD HENRY BIDDLECOMB . I am house surgeon at the Royal Free Hospital—on 30th June the prosecutor came there—he was suffering from a bullet wound in the left hand, penetrating through the whole substance of the hand—he is pretty well now—I found afterwards that the bone was broken—it is now healed.
GUILTY of unlawfully wounding. — Eight Months' Hard Labour.
A reward of 2l. teas given to the constable Wyman for his bravery in seizing the prisoner with the loaded revolver.
MR. BODKIN Prosecuted.
JAMED DAVIS . I live at 18, Hill Street, Finsbury—I knew the deceased and the prisoner, they lodged in the same house—on Saturday night, 30th June, I saw them at the Cooper's Arms, in Sun Street, drinking together; they quarrelled about a shilling and went out to fight; in the third round the prisoner threw the deceased and fell upon him; his
head struck the ground—I lifted him up, and, with assistance, carried him home and left him in bed—he vomited.
DANIEL SEYMOUR . Walker lodged at Alexander Chambers, where I am deputy—he was brought home about 11 on Saturday night and put to bed—on Tuesday morning he complained of being ill and was taken to the infirmary. DANIEL MCCABE FORBES. I am medical superintendent of Shoreditch Infirmary—the deceased was admitted there on Tuesday, 3rd July—I saw him about half-past 3, he was then dead—I made a post mortem—he had a large fracture of the skull which caused his death. The prisoner in his defence stated that he was so drunk at the time that ho had no recollection of what occurred. He called two witnesses, who stated that the deceased fell in the struggle, and that the injury was caused by the fall.
GUILTY . — Three Months' Hard Labour.
MR. POLAND Prosecuted.; MESSRS GEOGHEGAN and PAYNE Defended.
BENJAMIN HYAMS (Policeman J 172). On 17th May, about 12.30 a.m., acting under instructions, I went to the Three Compasses, a fully licensed public-house in Datston Lane—I was in plain clothes—I remained there—about three-quarters of an hour—I saw Sexton there, sometimes standing in front of the bar, and sometimes sitting at a marble-topped table in the public part; there were two or three chairs there; it was a separate table, at which anybody might sit and have their drink—during the time I was there I saw a number of persons come in—I saw nine transactions pass with Sexton; money was laid down on the table, from a shilling' to seven and sixpence, followed by a slip of paper—Sexton took up the money and put it in his trousers packet and the slips of paper in his breast coat pocket—I suppose the person that passed.the transaction wrote it; I saw them written out on some occasions—the papers were brought ready written—I did not hear what was said when any of the nine transactions took place; that was all that was done that morning—I was there again from about a quarter-past 8 to a quarter-past 9 in the evening—Sexton was there at the same place—I saw several of the persons there who had been there in the morning, and I saw Sexton pay several men some money; I could not see the amounts—on 19th May I was at the same place about 1 o'clock in the day—on that occasion I saw Sexton and James—I saw four transactions pass to Sexton and three to James—they were both there at the same time; they were the same kind of transactions as on the 17th—on the 22nd I was there again about a quarter past 12; I saw Sexton there, and money and a slip of paper placed on the table; James was there also—I saw Sexton, when the transactions were handed in, take another piece of paper from his pocket and make an entry of it, and put it in his pocket—I saw James on that occasion take three sums, 7s. 6d., 2s. 9d., and 5s., and pieces of paper in the same way were given. (The papers were called for, but not produced; notice to produce was admitted.) Mr. Harrison, the landlord, was there; he is the husband of the landlady; the license is in her name—James was in conversation with Mr. Harrison; I heard him say "You can afford to treat us out of the winnings to-day—Mr. Harrison said "No,
I will toss you"—I heard James say to the persons standing at the bar that there had been long odds laid on "the field" to-day in the first part of the racing—on 23rd May I went there about 10 minutes to 12 a.m.; Sexton was there—I saw two transactions with him of the same kind, the passing of money and the piece of paper—after that I saw a man place on the table four pieces of paper which appeared to contain money, and he said to Sexton "All on King Monmouth"—Sexton opened the papers, and placed the money and paper together in his pocket—whilst I was there James came in—he said "Look out, here comes old Fletcher"—he is a detective officer in my division—I did not know him at that time, I belong to another sub-division—when Fletcher came in Sexton and James left the house with other gentlemen—Fletcher left in about a quarter of an hour, and then Sexton and James returned—Harrison then said to Sexton "The Florentine with the Salford Handicap is my fancy"—on 24th May, about half-past 11, I again went to the same place, and saw several transactions with Sexton and James of the same kind, with one man to the extent of 14s.—on 25th May James was there first—I saw Sexton take papers with money, 8s., 2s. 6d., and 5s.—on that occasion I picked up this piece of paper (produced) it was handed to Sexton by another man, and Sexton threw it down. (Read:"Friday, May 25th, 1888. Manchester Handicap. Raff Deer 12 3, s.p.")—on that occasion I saw Preedy and Love—one of them had a book; I saw it put on the table—it had on the outside "H.W. Preedy" in gold letters of three-quarters of an inch—it was an oblong book—Love opened it and referred to it, and he paid 8s. 9d. to a man in front of the bar, and he paid some money to another man; I could not see the amount—I saw Love take 10 pieces of paper, which appeared to contain money, from different men at the bar, and I heard the names of some horses mentioned at the time, "Noble Chieftain," "Grave D' or," "Scottish King," "Tisaphernes," and "Johnny Morgan"—on 29th May, about half-past 2 o'clock in the afternoon, I saw Preedy and Love there together, and I saw 15 pieces of paper, which appeared to contain money, handed to Preedy by different men—he handed them to Love, who had the same book, he made entries in it—I heard one of the men say "Put it on Van Diemen's Land," when he put down one of the pieces of paper—on 30th May, at half-past 2, I saw Preedy and Love there, sitting at the table, and I saw five transactions from 1s. to 15s.—I saw the money on that occasion, and I saw Preedy pay away 1l. 1s. to one man and 1l. to another—I had seen One of those men there the day before—after that I saw 12 pieces of paper with money given to Preedy by several gentlemen—Mrs. Harrison then said to some gentlemen "You will see Crowberry come in with a rush"—I heard some of the other gentlemen mention Orbit, Crowberry, Van Diemen's Land, and Ayrshire—I made no bets myself—on that afternoon Preedy spoke to me, and asked me to go outside—he then said "You will pardon me; there are some gentlemen keep looking at you, being a stranger"—I said "I don't think I am much of a stranger; I have been using the house nearly three weeks"—he asked who it was that recommended me there—I said "The potman who had left the Saturday previous"—he said "That's all right; of course you will excuse my putting the question to you, as we have to so careful on this job"—then we both returned lo the house, and he offered me some drink, which I declined—next day,
the 31st, I was there again, and saw seven transactions of the same kind with Preedy and Love, and on the 1st June with Sexton and James—on each of these occasions I made notes every evening, and drew up a report for my inspector as to what had occurred each day—these (produced) are my reports.
Cross-examined. This was the first betting transaction I was ever engaged in—I have been three years in the service—the money was wrapped in paper on some occasions—I have never been on duty at a race course, or for pleasure, I have never seen a race—I know that races were going on at this time—I can't say that I have noticed persons talking about races at public-houses, I take no interest in it—I have never seen the sporting papers—it is a fact that in a great number of public-houses in London the Sportsman and Sporting Life are taken in; I suppose that is or the convenience of customers—I have not heard the names of horses mentioned at other houses—Mr. Bird went with me to this house eight or nine times, he lives in Bethnal Green—I believe he had been in the habit of using the house before, he knew the potman there—he stopped with me on those occasions, and heard what was going on; he is here—the defendants had something to drink when they came in—I have seen Sexton have something to eat, bread and cheese or something—I have seen several of the persons who handed money there more than once—there were two particularly there every day I was there, one of them mayhave been the man that said "Put all on King Monmouth"—it is a largish bar—they never asked me for a "bit on"—the people that came went up to Sexton or Preedy of their own accord—I never heard the expresseion "a bit on" in the house—I understand now what it means—on one occasion to avoid suspicion I pretended to be asleep.
By the COURT. These are memoranda I made "Newmarket, Windsor, Redcar, Manchester, and other places," they are places where the races took place I believe, I wrote them; I got them from the sporting newspapers relating tothose days.
JOSEPH HELSON (Police Inspector J). On 2nd June I went to the house and saw Sexton and James there, and got their names and addresses so that they might be summoned—they were summoned to appear at the Police Court—I afterwards saw Preedy at his own residence, 10, Colverston Crescent, Dalston, he was in bed—I told him he would be summoned for using the Compasses for the purposes of betting with persons resorting thereto—he said "I generally bet outside"—I told him that observation had been kept, I read the dates to him, the days the officer had seen him there with his clerk, and that he Would be summoned for it—he said "It's no use for me to say any more" or words to that etfect—I was at the Police Court when the summons was returnable—it was at the defendants' request that they were sent here for trial.
Cross-examined. Preedy was in bed with a bandage round his head, I had learnt before seeing him that he had been thrown out of his trap, he appeared pretty well shaken—I had not seen him before or either of the defendants.
MR. GEOGHEGAN did not address the Jury on the facts, as the case resolved itself into a question of law, whether the provisions of 16 and 17 Vic., c. 119 (the Betting House Act), had been violated by the defendants. In the course of the argument several cases were referred to, viz., Reg. v. Cook, 13 Q,.B. division, 377; Reg. v. Doggett; Snow v. Hill, 14 Q.B. division, 589; Hague v. Sheffield, 44, Law Journal Magistrate cases, p. 17.
MR. JUSTICE HAWKINS, after hearing the evidence, was of the opinion that it established an offence against the Statute, but he would consider the motto and if necessary reserve it. GUILTY. —Judgment reserved, the defendants entering into their out recognisances to appear for judgment when called upon.
NEW COURT.—Saturday, August 4th, 1888.
Before Mr. Recorder.
MESSRS. POLAND and BODKIN Prosecuted; MR. FULTON Defended.
WILLIAM GEORGE SMITH . I am manager of the Shoreditch and Bethnal Green Branches of the Central Bank—I knew the prisoner as a customer at the Bethnal Green Branch in 1885—in August, 1885, he applied to me for an advance of 600l. on the security of 950l. New Zealand Four per Cent, stock, for which he showed me the receipt—I said that we should require the stock to be transferred into the names of the nominees of the bank, and he and I went to Messrs. Hutchinson's, the stockbrokers, and arranged for a power of attorney to be prepared to authorise the transfer of the stock—I did not then know that he was co-executor with Mrs. Kaemena—he gave me this document (produced), which purports to be a power of attorney for the transfer of 450l. 10s. New Zealand stock, stamped, signed, and sealed, August 5th, 1885, by Amelia Kaemena, in the presence of Frank Dunn and John Harms-worth—J saw Roberts sign it—I went with him to the stockbroker, and it was completed there—that was on 5th August—in pursuance of that power of attorney the transfer was made to Mr. Latter and myself on August 7th, as nominees of the Central Bank—I gave Roberts this contract note for a loan; that had to be signed by him and by Mrs. Kaemena—he brought it on the 7th, signed by her, and added his signature at my office—he signed this document "F" on the same day in my presence—it is a request to place the dividends to the credit of T. R. Roberts—600l. was then placed to the credit of the prisoner's drawing account, and from that time up to August, 1886, the bank received the dividends and placed them to his credit—he applied for a further advance of 100l. in October, 1885, and handed in this letter: 11 Gentlemen, will you please advance to Mr. T. R. Roberts 100l. on security of the New Zealand stock already transferred to your names, Amelia Kaemena, T. R. Roberts"—100l. was placed to the credit of his drawing account in our books, and from that time up to 1886 the bank received the dividends and placed them to his credit—in October, 1885, he applied for another 100l. on the same security; the letter was signed Amelia Kaemena and T. R. Roberts, and another 100l. was placed to his credit—in April, 1886, he applied for another 100l. on the same stock, on like conditions of former loan—the document is signed Amelia Kaemena and T. R. Roberts, and a further 100l. was placed to his credit—in July this letter was brought to us: "July 1st. Please advance to Mr. T. R. Roberts a further sum of 100l. on security of the
New Zealand stock already transferred to your names, Amelia Kaemena and T. R. Roberts"—we gave instructions to our clerk, and the loan was not made—in October, 1886, Roberts brought me a stock receipt, and applied for a loan of 500l., offering as security 600l. of the same stock—I said I should require 600l. to be transferred to our names for the advance of 500l.—I went with him to Mr. Hutchinson's, and this power of attorney was given on the same terms as before, dated 19th October, 1886, and signed Amelia Kaemena and T. R. Roberts—after that 500l. was placed to the prisoner's credit at the bank—in November, 1886, I received a notice from the Bank of England stating that the Bank had received notice that the power of attorney was forged—it was similar to this one sent to Mr. Latter, but I do not know where mine is—I know that proceedings were instituted in the Chancery Division of the High Court in reference to the 950l., and an order made on our bank to bear the loss of the advances we had made to the defendent.
Cross-examined. When the second power, the admittedly genuine one, was received, the first was in the possession of the bank—I am manager of both banks—no attempt was made to imitate Mrs. Kaemena's signature, either in this authority or in the power of attorney—I did not notice that the two signatures were quite different—I did not see the power of attorney at that time.
WILLIAM JOSEPH CROSSLEY . I am an examiner of stock accounts at the Bank of England—in August, 1885, 950l. 10s., New Zealand Stock, was standing in the books in the name of Amelia Kaemena and T. R. Roberts—this is a stock certificate relating to that amount, and this is another certificate referring to the same' stock transferred to Messrs. Smith and Latter—on 7th August, 1885, I produced the power of attorney to transfer it, and a second power of attorney, of 19th October, 1886, relating to the 100l. stock—the dividends are payable in May and November, and the stock is only transferable at the Bank of England.
Cross-examined. When you apply for a power of attorney you cannot get it for two days, as it is always the custom to communicate with the persons interested.
WILLIAM EYKY . I am clerk to Hutchinson and Sons, stockbrokers, of Angel Court—at the request of the Central Bank I obtained from the Bank of England the power of attorney of August, 1885, and witnessed the defendant's signature to it—it was acted on, and this (produced) is the certificate of transfer—the same process was gone through on 19th October, 1886, with the second power of attorney, which I also procured—that was also acted on, and the stock transferred.
AMELIA KAEMENA . I am a widow, living at Thornhill House, Leyton—the defendant and I were co-executors of my husband's will; there was 4,250l. of New Zealand Stock in our possession as executors, and 950l. 10s. was in the Bank of England in our names as owners of that particular kind of stock—I never saw this stock receipt till I saw it at the police-court—in the beginning of August, 1885, I received a notice from the Bank of England, and gave it to my lawyer, Mr. Brook, of Cornhill—I then asked the prisoner the meaning of the notice—he said "I wish to raise a little money, and Mr. Smith will oblige me with it"—I was satisfied with that, and took no further steps—I do not remember ever seeing this document; this "Amelia Kaemena" is not my signature, nor did I give anyone authority to sign it, nor did I see Dunn or Harmsworth
sign as witnesses to my signature—I saw Dunn once at the police-court and once at the High Court—this is not my signature (to the contract note) or to this (the request to place dividends to the prisoner's credit), or to this request of 30th October, for the advance of another 100l., or to this further request for 100l. of 15th April, 1886, or to this document of 1st July, 1886, nor were any of them signed by anyone else by my authority—up to May, 1886, I received the dividends in respect of the 950l. from the prisoner—on 18th October, 1886, a clerk from the Central Bank came to me—the prisoner came to me the same day, and I said "The clerk from the bank is here, and he says he understands I am to be security for 500l.—we both went in, and I saw the clerk, who had come by appointment, and who put a document before me, and asked me to sign it, and I did so in his presence—this is it; it is a power of attorney for 600l.—I did not receive so much dividend in November, 1886, and on 15th November I went to the Central Bank, Bethnal Green, and from what passed there I first became aware of the first power of attorney of 1885, and on 26th November I went to the Bank of England—Mr. McNain, a gentleman from the Central Bank, called on me shortly afterwards, and had some conversation in reference to the power of attorney of 1885—on the evening of 26th November I saw the prisoner, we had angry words, as I had been to the bank on 15th November, and stopped his banking account, and I told him a gentleman had been from the Central Bank, who asked me to say if it was my signature, and if not I was to go to the Mansion House on Saturday morning, and sign a warrant, and that I had asked the clerk to give me till Monday, but he would not—the prisoner then left, and next day I went to Messrs. Hollams with my sister, who is the prisoner's wife—we met the prisoner at the station, I think his wife made the arrangement, he joined us at the station, and we left him there, and went to Messrs. Thomas and Hollams, where we saw Mr. McNain, who wrote out this paper, and I signed it. (This was a declaration by the witness that the signature to the power of attorney of 5th August, 1885, was written by her, and that she acknowledged the power of attorney.) My sister, Mrs. Roberts, was present when I signed that, and we left the office together, and again met the defendant at the Railway station—I was angry, and said to him "When shall I be able to have my money?"—he said "You shall have your money, but you have stopped my banking account"—there was not much conversation, I was rather cross—I told him what had taken place at the office, and that I had signed a paper there; he did not say anything—my sister and I went back home, but not with the defendant.
Cross-examined. My sister signed cheques for me at one time—I think I was at home in August, 1885; I am sure I was at home on 5th August—the signature to the power of attorney of 5th August looks like my sister's writting, but I am not sure—to the best of my belief it is hers—it was entirely at the suggestion of the gentleman at Messrs. Hollams that I went to their office; the prisoner never asked me to go there and write this document—they read it over to me, and I acknowledged its genuineness in my sister's presence, but I did not understand it.
Re-examined. I have only given my sister authority to sign cheques two or three times—I gave her no verbal authority to sign cheques.
By the JURY. The bank had no authority to pay cheques on my
sister's signature—I did not give her authority to sign cheques for me, only to endorse them when a cheque was payable to order—I signed this acknowledgment, because the prisoner said that 1 could not draw my money till I did so—I only signed—it to get my money refunded, but it may have been because I wished to save my brother-in-law from the consequences of having used my name—I was afraid he would be prosecuted, end if I acknowledged it would save him from prosecution—that was really my reason—Roberts did not ask me to sign the document acknowledging the signature, but I knew he was in peril of a prosecution for using my name—I only signed it on the representation made by the solicitors.
FRANK DUNN . I am a butcher, of 121, High Street, Homerton—in August, 1885, I was in the service of Mr. Tyler of Well Street, Hackney—the prisoner was a customer of his, and I called on him daily for orders at Grove Cottage, Victoria Park—I called there in August, 1885, and he asked me to sign a paper—it was previous to 9th August, because it was the day I left my situation—I asked him the nature of it—he said it was of no consequence, it must be signed by two persons—I thought it was a tax paper, and signed it, as I had known him for a long time as a highly respectable man—this is my-writing, "Francis Dunn, 92, Well Street, Hackney," but the word "Gentleman" was not written by me—the paper was filled up when I signed it—he had to put a weight on it to hold it open, because it had been doubled up—I did not know the nature of it—no one was present but Mr. Roberts—I never saw Mrs. Kaemera till I saw her at the Law Courts—I did not notice her name to the power of attorney, I believe it was blank, but the seal was there—Mr. Roberts's signature was affixed afterwards; mine was the first signature—I did not know Mr. Harmsworth, the other witness, at that time—I know the prisoner's wife as a customer, JOHN HARMSWORTH. I am an oilman's foreman—I had seen the prisoner several times, and he employed me from June to the middle of August, 1885, collecting taxes—I have signed tax papers for him—on I think 5th August, 1885, I signed this document "John Harmsworth, 11, Langston Street, Poplar,"—"Gentleman" has been added since—the prisoner asked me to give it to Mr. Harris, the head collector—I did not know what it was—no one was present when I signed it except the prisoner; I believe it was fully open among a pile of others—I noticed no other signature when I signed it.
FREDERICK MCNAIR . I am clerk to Messrs. Hollams, solicitors, of Mincing Lane—on 26th November, 1886, 1 called on Mrs. Kaemena and suggested that she should call at our office next day—there was a lady with her who I have heard was her sister—I drew up this paper. (Acknowledging the power of attorney for the 950l. 10s. New Zealand Stock.) She signed it in my presence and I witnessed it—Mr. Wilberforoe is a gentleman studying for the bar who is reading in our office—we are acting for the Central Bank—I know that 800l. has been advanced on the faith of the power of attorney.
Cross-examined. I explained the document to her and read it over—I did not threaten her or anyone else with criminal proceedings unless it was signed, there was no coercion—I did not know whether her sister had authority or not—the document was prepared from what she told me; the expression "The signature is mine" is hers.
Re-examined. The day previous I asked her if the signature was hers and said, "If it is not we shall have to take proceedings against your brother-in-law;" but I did not give her an opportunity of denying it, I told her to see her solicitor the first thing.
GUILTY . — Eighteen Months* Hard Labour.
MR. HEDDON Prosecuted; MR. BLACKWELL Defended.
GUILTY. —Recommended to mercy by the Jury, the girl being a consenting party. — Six Months' Hard Labour.
THIRD COURT.—Saturday, August 4th, 1888.
For cases tried in this Court on this day, see Essex and Surrey cases.
Before Mr. Recorder.
MR. LAWLESS Prosecuted; MR. BLACKWELL Defended JOHN CLARKE. I am a labourer, of Charlotte Street, Canning Town—on 22nd July, between 12 and 1 o'clock, I was in bed, and my wife was undressing, I heard my street-door burst open, which had been bolted—we sleep on the ground floor; my wife called out, and the prisoner then burst open our bedroom door, and came in and leaned over the bed and called me bad names—he said he would not go—I got up, put on my trousers, and shoved him out into the passage—he struck me a violent blow in my right eye with his fist—I closed with him; we had a struggle in the passage, and 1 fell on top of him—I called out to my wife, "Rachael, he has got a knife in his hand, come here quick"—this is the knife (produced), and he was lying on the floor with it open in his left hand—he was still under me, and I was trying to get it from him, and just as I was lifting my leg over him to get off him, he jobbed it into my foot—I was barefooted—I shoved him outside my door, and shut ithe had had a little drink, but was not drunk—I went to get a policeman, and was attended by a surgeon.
Cross-examined. I have seen a man named Haste—I told him I was sorry I had moved in the case, as I did not want Jolly to be punished, but now he has brought a false witness—I said at the police-court, "In the struggle to get him out the knife went into my foot"—I said at the police-court, "He has got a knife in his hand, come here quick"—I cannot explain why that does not appear in my deposition—he did not accuse me of making improper overtures to his wife—we have worked together for years—I have had one or two differences with him before—his wife has gone into my room to light the lamp, but not at my request
—he did not complain to me that I made improper overture to her when she came in to light the lamp—there was a disturbance in the house, but not with me, the night before—I have said "There was a vase broken in our house that night, broken into a number of pieces; it fell on the hearth"—that was Saturday night—I also said "I will not swear that both his hands were not engaged on me in the struggle/'
RACHAEL CLARKE . I am the wife of the last witness—on Sunday night, 22nd July, between 12 and 1 o'clock, my husband was in bed; I was undressing, and heard my door burst open, and then our room door, and Jolly came in—I put my hand on him, and said "Mr. Jolly, take my advice as a sister, and go out"—he would not, and my husband got out of bed; they closed together at the foot of the stairs, and my husband said "He has got a knife"—I went out with a lantern—he said "It is at the back of me," and I saw a knife at his back, and threw it over the washstand—I did not look to see whether there was blood on it.
Cross-examined. Jolly was very excited and used very bad language, but he said nothing about his wife—if I swore at the police-court "He said my husband had been with his wife on the Saturday night," it was the truth.
THOMAS KING HORNAGE . I am a surgeon, of 5, Railway Place—on 23rd July, at 2 a. m., I was called to the police station, and found Clarke there, with a deep punctured wound on the ball of his right foot, a clean cut 1/2 inch long and ¾ inch deep—this knife would cause it, and it was covered with blood when it was shown to me.
Cross-examined. Treading on a piece, of glass might also produce it.
GEORGE PALMER (Police Sergeant K 50). Clarke spoke to me and showed me his foot—I took the prisoner and told him the charge—he said "I did not do it, God strike me dead, they must have dipped my pocket for the knife and done it themselves"—he was the worse for drink.
GUILTY on the second Count. Recommended to mercy by the Jury. — Two Months' Hard Labour.
Before Mr. Common Serjeant.
MR. TICKELL Prosecuted; MR. OGLE appeared for Fitzgeraldt and MESSRS. GEOGHEG AN and LAWLESS for Rice.
JAMES GLENCROSS . I am a shore steward in the service of the Ocean Steamship Company—on Saturday, 21st July, about 12. 15 p. m., I was in the Royal Albert Docks, on board the steamship "Priam," which was opposite shed No. 33, and had been discharged—I saw Fitzgerald walking along the quay-side, opposite the steamer, with a bag, nearly full, on his bask, going to the end of shed 33 and away from the "Priam"—I called out "Hey, what have you got there?"—he replied "Chaff," and went on towards the end of the shed and turned round the corner, and I lost sight of him—he returned almost directly without the bag, and came back opposite 33 shed, going in the direction from which he came when I first saw him—I went into the ship's cabin and looked out of one of the windows, and saw the prisoner again with a similar bag, full, going in the same direction as he had before—the "Priam" was moored to the quay side, so that I could
get from her on to the quay by going up the ordinary gangway—I followed him—when I got to the end of the shed, and round the corner, I saw Fitzgerald leaving a cart that was standing there—he had no bag with him then—I saw Rice standing on the raised platform beside his cart, squaring up a bag which was in the cart, and covering it with an empty sack; the bag could be seen as it originally was, and he was squaring it, or putting it down flat, and covering it with a sack—I at once made a communication to Captain Roberts, the marine superintendent of the Ocean Steamship Company—we both went after the cart and watched it a short time, and then followed it in different directions—Rice was driving it away—I got in front of it and signaled to Rice, who had gone 300 yards at least from the platform—he got off and came towards me—I said "What have you in those bags"—he said "Leaves, I think"—I said "Tea leaves, I suppose"—he said "I think not"—I said "I must see what the bags contain"—I cut open one; it contained pure tea—Captain Roberts came up and cut the other bag open, that also contained tea—as far as I could see those bags were the same as those I had seen Fitzgerald carrying round before—Captain Roberts sent me to see the dock superintendent—I afterwards saw Fitzgerald leave the "Priam"—I said "You will get into serious trouble over this"—he said "Try and save me if you can"—I have known him about five years—the prisoners were first charged with smuggling, I believe, by the excise officers.
Cross-examined by MR. OGLE. When I first saw Fitzgerald he was considerably under twenty yards from me—it was a common gunny bag he had—the second time I saw him at the same distance—I followed him immediately I saw him with the second bag—I walked along the "Priam's" deck while he was on the quay—the cart was under twenty yards off—I saw him leave the cart and go through an opening opposite where the cart was—I did not see him put the bag in the cart; when I saw him first round the corner he was leaving the cart, about 15 feet from it—there was a bag, similar to the one he had left, on the cart, and the other man was squaring it up—the nearest I saw Fitzgerald to the cart was 15 feet—because they were gunny bags in the cart I suppose they are the bags Fitzgerald was carrying—I do not think a great many gunny bags run about that size—this occurred in the dinner half-hour, which is from 12 to half-past at the docks—I have examined this tea; there is nothing peculiar about it that I know of; a great deal of it is sold and consumed—I do not say Fitzgerald stole it—I do not know where he came from; I did not see him come out of any shed—I have nothing to do with the tea warehouse; the warehouse inspector Wykes has—I know nothing about the tea—I told Fitzgerald on Saturday he would be in trouble; and I saw him on the Monday, he was at work—Fitzgerald did not see me when he went past the ship the second time—there were very few people about there; there—were some, but not in the place he was—there were plenty of dock labourers and officials about the docks, but not along 33 shed.
Re-examined. The dock opposite 33 shed was perfectly clear—tea is not sold in the docks in that form, in bags—a pass is given for all things brought into the docks to be taken out again—Rice had a lot of empty bags in his cart, he covered the bags over with one and he had a lot of others; he drove away slowly.
JOHN HENRY ROBERTS . I am marine superintendent in the service of the Ocean Steamship Company—my office is close to shed 33 in the Royal Albert Docks—on 21st July, a little after 12 o'clock, Glencross made a communication to me in my office—I looked out of my window, which over ooks the end of 33 shed, and saw Rice at the end of 33 shed, standing on the platform by the side of which was a cart, into which Rice got and drove away—Glencross went down the quay-side and I followed along the road—Glencross came through between two sheds and stopped the cart—when I got up Glencross was saying "What have you in those sacks?"—I understood Rice to say "Seed"—I asked Rice where he got the bags—he said "I don't know"—the mouths of the bags (produced) were tied up—they had been squared and were lying at the bottom of the cart, covered with sacks or bags or a cloth, I cannot ray which—Rice and Glencross were in the act of uncovering them as I got up to the cart—I cut a hole in one of the bags, it contained tea—I told Rice to come down the road with me, and ultimately he was given into the custody of a Customs House officer—from the time I saw him from my window till he was given into custody, I did not lose sight of him for a moment—the same afternoon about 2. 30 I saw Fitzgerald opposite 29 shed on the quay; I said I was sorry to think he should be mixed up in an affair or business of this sort; he replied he had the opening of packets worth thousands of pounds on previous occasions—so far as we were concerned there was no occasion for Rice to be round with his cart near 33 shed—he has nothing to do with our company.
Cross-examined by MR. OGLE. I have known Fitzgerald about six yews—as far as I know he is a straightforward thoroughly good man—he returned to his work as usual on Monday morning—the "Priam's" bows were level with the end of 33 shed, and about 40 feet distant.
Cross-examined by MR. LAWLESS. Sheds 29, 31, and 33 are reserved for the use of our Company—I don't know Rice at all—I don't know that if he were employed as carrier he would pass our sheds going and coming in the way of business—there are 16 sheds on the north side—if he were carrying parcels for other persons he would pass our shed occasionally on the road side, not on the side the ships are—they don't go round every way, unless they have business at our ships—he would have to pass on the opposite side—he was not driving fast at first—he started the cart twice and I ran and he slowed again and Glencross stopped him; he did not deny that he had sacks in his cart when I went up—they were concealed, he was turning the bags or cloth off them when I reached the cart.
Re-examined. As far as I know he had no business there—I first saw the cart at the side of the platform of 33 shed, at the end of the shed; not on the quay where the roadway is—No. 33 shed is need exclusively by us, and Rice is in no way employed in carrying things by our Company—the "Priam" was discharged and lying there empty.
JOHN THOMAS TAYLOR . I am Examining Officer of Customs at the Royal Albert Docks—on 21st July from information received from Captain Roberts I went to Rice, who was beside his horse and cart, and. said, "Is that your cart?" he said "Yes"—I said "What have you got in those sacks?"—he said "I don't know, somebody put them there unknown to me; I was away from my cart for about 10 minutes"—I
examined the bags and found they contained tea—they are now as they then were—I seized them and took Rice in custody, and as an Excise officer charged him with smuggling the tea—on Monday, 23rd July, from information received from Gleneross, I arreste I Fitzgerald in the Royal Albert Docks on the same charge; he said "I know nothing about it"—in the docks before going to the Court, he said "I was carrying tools in the bags"—the tea in the sacks weighed 65 lb.
Cross-examined by MR. OGLE. It was on the charge of smuggling that Fitzgerald said "I know nothing about it."
Cross-examined by MR. LAWLESS. I did not ask him if he had a pass; a pass is required for packages going out of the docks.
WILLIAM WYKES . I am warehouse keeper, in the employment of the London and St. Katharine Docks Company—No. 4 group of sheds, which embraces sheds 29, 31, 33, and 34, is under my charge—Fitzgerald was a tea-cooper in the Dock Company's service at this time, and it was his duty to work in those sheds—on 21st July he was employed principally at 29 shed, and it was his duty to repair packages, and to remain there till he was ordered away—on 21st July 29 shed contained boxes of tea, some of which were broken—the tea in No. 29 shed and that in these sacks is similar tea—Fitzgerald had no right to take any tea or goods from out of the shed unless specially authorised to do so—his duty was simply to mend the packages; it was no part of his duty to carry goods out.
Cross-examined by MR. OOLE. He would not have to work in the shed through the dinner hour—I should be surprised if he remained then from 12 to half-past—I cannot say if we have missed any tea from 29 shed or not—a tea cargo requires three weeks or a month to close; nobody can tell; we shall know at the closing of the ship, which would take a month, I daresay.
By the COURT. The broken boxes were lying in the part of the shed where the cooper was working, for the purpose of his repairing them.
Cross-examined by MR. LAWLESS. The docks are about two and threequarter miles long—Rice is a licensed porter to ship goods, and do week of that kind—I believe he has been there for years—he would have to go by the principal main road, I daresay they sometimes pass on the water side, I cannot give a definite answer—there is no barrier to prevent them.
Re-examined. I cannot say whether Rice would have any business with his cart at the platform of 33 shed; his business might be there or it might not.
GEORGE WILLIAM HAMILTON (Police Inspector, Royal Albert Docks). I know Rice well—he is a porter and carrier; he has a cart, and carries employes of ships, crews, and passengers—he would have to get a pass to take goods out either from the ship's employers, or else from the Company, wherever the goods were from—if he brought things in, and wished to take them out again, he would ask the gatekeeper for a ticket for the goods—I have tried to find out whether Rice had any business at this particular spot.
Cross-examined by MR. OGLE. I have been connected with docks as inspector about 34 years—I have known Fitzgerald intimately about five or six years in the Albert Docks—he is a highly respectable and honest
man—the Albert and Victoria Docks are two and three-quarter miles long.
Cross-examined by MR. LAWLESS. I have known Rice as a porter there nine years—he has a right to be about there with his horse and cart—he is a respectable and honest man; he has always been trusted with property about the docks.
JOHN LEDUC (Policeman K 487). On 21st July, at 1. 30, I was at Canning Town Police Station when Rice was brought in by Taylor, and given into custody for smuggling—he was charged with carrying and conveying 65 lb. of tea, with intent to defraud Her Majesty's Customs—he said "I did not know it was in there"—I suppose he meant in the cart—I searched him; I found no pass entitling him to take goods in and out of the docks.
CHARLES MEAD (Policeman K 493). I was on duty on 23rd July, at Custom House Point—I was called by Inspector Hamilton to take Fitzgerald—I took him to the station, and he was charged with aiding and abetting Rice, in smuggling, I suppose—he said he knew nothing of it, and it was only supposition on their part.
FITZGERALD— GUILTY of stealing. — Ten Month' Hard Labour. RICE— GUILIY of receiving. — Nine Months' Hard Labour.
MR. WARBURTON Prosecuted. MATILDA HILDER. I occupy the front room upstairs of the prisoner's house, at 42, Quadrant Street, Canning Town, and am single—about 7 a. m. I was in that room with Mary Ann Macdonald haying tea—the prisoner came to the foot of the stairs, and said "Have you any b——rent for me"—I said "I have not at present"—she said "Then you will b—well have some, or I will blind you a I your man with vitriol"—I said "What do you mean by vitriol? you have had your rent before when he has come home from sea, and you shall get it again"—we began to quarrel and light, and shortly after I found myself stabbed in the right side, and under the right thumb—I said "You have stabbed me; I shall lock you up"—I went to the street-door—she came after me with her hands behind her—I went to the Poplar Hospital—I had no knife in my hand at all.
MARY ANN MACDONALD . I live at 10, Montague Street, Canning Town, and am the wife of John Macdonald—on Saturday evening, 14th July, about 7 o'clock, I was having tea with Mrs. Hilder—the prisoner came into the house, and called upstairs, and asked Mrs. Hilder if she had any rent—she told her "No," and she said she would blind her and her man with vitriol—then she went downstairs, and said "What do you mean by saying you would blind me?"—I came down-stairs, and saw the prisoner up with a knife and stab Mrs. Hilder, and then she put her hand up and cut Mrs. Hilder across her thumb—I only saw her strike her those two times—when I came downstairs the prisoner had the knife in her hand—the only people in the room at the time were the prisoner and her son and the prosecutrix; the prisoner's husband was in the hack yard—Mrs. Hilder said "I am stabbed"—I went with her to the Poplar Hospital—the prisoner took the knife off the table off which she was clearing the tea things; it was in the middle of her own
kitchen—this was one of the knives in connection with the tea, I suppose—this is it (produced)—I could not see how she held the knife; it was done so quickly.
HENRY BERRY (Policeman K 297). At 8 p. m., on 14th July, I went to Quadrant Street—on the way I met the prosecutrix with Macdonald—I went to the house, and took the prisoner in custody—she said "She came downstairs with the knife in her hand and threatened what she would do to me with it; I picked up the bread knife, which was lying on the table, and stabbed her with it"—I said "Where is the knife?"—she picked this knife off the sideboard, and said "This is the knife I done it with. I know I done it, because I felt the knife go in. What I did, I did in self-defence"—I took her to Plaistow Police-station.
EDWARD CANNELL (Police Inspector). On 14th July, at 8. 55, I was in charge of Plaistow Police-station, when the prisoner was brought in by Berry—he said u I have brought this woman in on a charge of stabbing; the injured woman is on her way to Poplar Hospital"—I said "You have heard what the officer said"—she said "Yes, I wish to tell you what I done it for"—I eautioned her, and then she made this statement; I took it down, and she signed it—after making the statement she said she did not know whether she stabbed her on the right or left side, but she felt the knife go in, and she had to pull it out.
AVERY CLOUGH WATERS . I am senior house surgeon at Poplar Hospital—on 14th July, about 8. 40, Hilder was brought there—I examined her—she had a punctured wound one and a quarter inch in extent, rather vertically placed, extending from the front to the back of the right arm pit; she also had a transverse cut on the anterior surface of the right thumb—she had lost from three to four ounces of blood, not very much—the wounds were such as might have been caused by this knife—she was a week in the hospital—she had not been drinking.
The Prisoner's Statement to the Inspector. " When I came home at 6. 15 p. m., on 14th inst., I got tea ready; afterwards my husband went out in the yard to look at the pigeons; my son James, aged 16, cams in. I asked him to clear away the tea things; at the same time my lodger, Matilda Hilder, and another woman whose name I don't know, came in. At this time my son James asked me to buy him something. I said ' How can I do so when your father is out of work, and no rent coming in? 'Hilder then ran downstairs with a short knife in her hand, and threatened to run it into me. With that I took the knife, which I gate to the Constable Berry K 297, and I said 'I will run it into you,' and I did. She went to strike me with her knife, and I struck her with mine."
The Prisoner's Statement before the Magistrate. "If I speak to her she blackguards me, and calls me everything. She cut me a fortnight back with a saucer at the corner of the forehead."
Witness for the Defence.
JAMES LONG . I am the prisoner's son, and live at 42, Quadrant Street, with her and my father—I go to work now and then at a sugar bakery—on 14th July, at 8. 30, I was in the kitchen with my mother washing up the tea things—Mrs. Hilder, the lodger, came in from the street and went upstairs—she came running down with a knife in he
hand, and threw it at mother, who was talking to my little sister in the kitchen—the knife hit me on the shoulder—my mother was cutting bread and butter at the same time, and Mrs. Hilder ran round the table after her, and before mother had time to drop the knife she Was hitting her, and the lodger, in trying to get the knife away from mother, out her thumb and jobbed it in her arm—then mother went out and showed the neighbours the knife the lodger came downstairs with, and said she knocked it out of her hand and gave her a good hiding—Mrs. Hilder took the cup, which I was wiping, out of my hand and aimed it at mother, and it bent this key; the cup was not broken—nobody else was present then, my father just came in at the door from the yard, he was there.
Cross-examined. This cup was thrown, it is not broken—I did not see Mrs. Mac donald, not in the room when it was done, she was upstairs, she was not in the kitchen at all—I, my mother, and the prosecutrix were the only people there till my father came in—the prosecutrix came down-stairs brandishing this knife—the knife did not stab me, the handle hit me—this is my mother's knife—my mother took Out the knife Mrs. Hilder brought downstairs; one of the neighbours picked it up and ran away with it, and it was never brought back—none of the neighbours are here—I go to work regularly—when I work overtime I get about 12s. a week—this key was in the kitchen cupboard, and it goes right in.
By the COURT. My mother had not gone out of the kitchen before Mrs. Hilder came in, she was sitting in a chair—she did not go to see Mrs. Hilder, not to the foot of the stairs.
By the JURY. She did not ask for any rent—I was there the whole time—mother said "Go and ask your father for money to get some victuals with"—I and my mother were quietly talking when the woman came downstairs with a knife.
The prisoner in her defence said she was in her kitchen clearing the tea things, and the knife was on the table; that the prosecutrix came down and came to hit her, and that she went to hit her back again and fett the knife go into her arm, and that then the prosecutrix threw the cup.
GUILTY of unlawfully wounding. The prosecutrix recommended the prisoner is mercy. — Nine Months' Hard Labour.
NOT GUILTY .
KENT CASES. Before Mr. Recorder.
30th April I went to bed about 11. 30—the house was secure, and my bed-room door shut—my wife awoke me about 3 a. m., and I found the bed-room door partly open—I went out and saw a man named Wellard on the staircase—he was convicted on 28th May (See page 244)—I also saw a taller man with bushy whiskers, and a stooping gait—the prisoner resembles him, with the exception of having no whiskers—he ran away, I raised an alarm, and the police came—a screwdriver was found in the kitchen—the house had been entered by breaking open the kitchen window—it had been attempted to be entered in three places—they got access to the shop by forcing the passage door, and I missed from the shop two lockets, some rings, and some gold ear-rings—these are the ear-rings (produced), and this metal watch and chain is mine—I have not seen anything else.
THOMAS BURBIDGE . I am a labourer, of 1, Walpole Place, Woolwich—on 7th May, about 10. 30 a. m., I was in Francis Street, a man came up and showed me the two pairs of gold ear-rings produced, and asked me whether I could pawn them for him—I said that I would try, and gave them to a woman, who pledged them for 1s.—I gave the prisoner the money and ticket—he asked me whether he should; see me again, and I met him about 6. 30 by the Dockyard Station, and he produced this watch and chain, and wanted me to try and pledge them—I took them to Thomas's, but they would not have them—I could get nothing on them, and gave them back to the prisoner—he asked me to try and sell them—I took them to Mr. Walker, who detained them—the prisoner went away about 300 yards, I went to him, and told him the watch had stopped, and something was wrong—he said "Go and get it back"—he did not offer to go for it—he had rather large whiskers then—he sent a message to Wellard that day, and I went to Duggan's lodging-house, but Wellard was not there.
Cross-examined by the Prisoner. I did not know your name till Detective Alexander told me—he did not say that unless I swore to you he would prosecute me.
JOSEPH WALKER . I am a jeweller, of 50, Artillery Place, Woolwich—on 7th May, about 6. 30, Burbidge brought me this watch and chain, I looked out and saw the prisoner looking towards the house—he had long dark whiskers—he turned round and looked towards the public-house—I gave the watch to Detective Alexander.
SHIRLEY TABBERNER (Policeman R 399). Between 9 and 10 o'clock on the night of the burglary I saw the prisoner with Wellard—I watched them, and lost sight of them in John Street, close to the shop—I can swear to him—I had seen him before—he had long whiskers then.
EMILY MONTARY . I am single, and live at 2, Rope Yard Rails, Woolwich—I am deputy at a common lodging-house there—on 30th April the prisoner and Wellard came there together at 8 p. m.—they went out about 9—I saw Wellard next morning lying on a form in the kitchen—I afterwards saw him in custody for burglary—the prisoner had very long whiskers then, he has shaved them off since, but I am sure he is the man.
Woolwich—Burbidge gave me these rings to pledge, I pledged them at Mr. Thomas's, got 1s. on them, and gave it to him—I took a metal watch the same day to the same pawnshop, but it was not taken in.
FREDERICK ALEXANDER (Detective Officer R). I examined the prosecutor's premises, and found the back kitchen window forced, and also a door leading to the house—I arrested Wellard, who was tried and convicted—Mr. Allen handed me a screwdriver found in the place.
HARRY RUTHERFORD (Policeman R 227). On 1st July I went to 26, Ardborough Street, Greenwich, and found the prisoner—I told him I should take him for being concerned with Wellard in breaking into a jeweller's shop, he made no reply—I had seen him on 30th April between 1 and 2 in the day, he was then wearing whiskers—I have known him for years—he absconded on the day of the burglary, and when I found him he had no whiskers.
Prisoner's Defence. This is a case got up against me; the man says he knows me, but I am a perfect stranger to him. Had he not known that the property was stolen why should he get that poor old woman to pawn it for him?
He then PLEADED GUILTY** to a conviction at Woolwich Police-court on 28th October, 1887.— Fifteen Months' Hard labour.
Before Mr. Common Serjeant.
Before Mr. Justice Hawkins.
MESSRS. PURCELL and ARTHUR GILL Prosecuted; MR. WARBURTON Defended.
MARY WYATT . I am the wife of James Wyatt, a wood sawyer, 19, Rollo Court, Battersea Park Road—the prisoner and the deceased lived in the same house with me for 15 months, at 52, Alfred Street, Battersea—they passed as man and wife—two or three months ago they moved to No. 9 in. the same street—she complained of erysipelas in her ankles—I saw her at No. 9 about a fortnight before her death; she was then lying on the bed; she did not seem very well—she did not complain of anything but the erysipelas—on 11th June, about 10 minutes past 8 in the evening, the prisoner came and asked me to lend him two or three half-pence—I could not; I said "How is Mrs. Jeffery?"—he said "She is very poorly"—I said "Why don't you get a doctor's order? then she will have nourishment," and I told him to go to the relieving officer—he said "I will"—he asked who he should go to—I said "To Mr. Tugwell"—about 20 minutes past 10 the same evening I met him in Rollo Street—he said "I have been to your house; will you come round with me? I think she is dead"—I went with him, and found her lying on the bed dead—she had on a black dress; that was all I saw—I said "Is she warm?"—he said "Yes"—I said "Then fetch a doctor"—he said
"Who shall I fetch?"—I said "Dr. Sewell"—he said "Wait a bit; I have got something to show you"—he took the lamp off the mantelpiece, and we went to the side of the bed—he pointed to her head; it was in a dreadful state with vermin—I said "Oh, Mr. Jeffery, you will get into trouble"—he said "I think I shall"—we came out; he locked the door, and went to fetch the doctor—I had cashed post-office orders for the prisoner for 5s. and 10s.; the last was on the Tuesday as they moved on the Wednesday, I think for 10s.
Cross-examined. They paid 5s. a week rent; he was generally at home—she used to go out at half-past 10 at night, and come back at 1 or 2 in the morning—I never saw him ill-treat her—she could get up and dress and walk about; they were very badly off.
By the COURT. I don't know that he earned anything, nor did she that I know of—they lived very poorly—he shared what he had with her—I never saw her drunk; I don't think she had enough to eat—she was a very indolent woman, and very dirty.
SUSAN WILSON . I am the wife of William Wilson, a pianoforte maker, of 94, Longedge Street, Battersea—I knew the prisoner and deceased from 24th September last to 30th May, living together as man and wife at 52, Alfred Street, where I also lived during that time—she always seemed to be very poorly; she got worse; she could move about; I never saw her with any man but the prisoner—I don't think she left the house for five or six weeks previous to going to No. 9—she suffered from her feet; she moved with difficulty—I did not see her after she left till she was dead—on 12th June, about 1 in the morning, I met the prisoner, and asked how Mrs. Jeffery was—he said "She is gone"—I said "Where?"—he said "She is dead"—I asked if he had had a doctor to see her—he said "Yes; Dr. Sewell"—he said "Come and see her"—I went with my husband, and saw her lying on the bed, with no sheets or any bedding whatever—her body was in a very filthy condition—I saw no food in the room.
Cross-examined. He seemed to treat her kindly; they were very quiet people—I have since heard that he had been in an asylum—I saw her on 30th May; she was then properly dressed—he seemed sorry when he said she was gone.
LAURA EASTGATE . I live at 9, Alfred Street, Battersea—I let the back room to the prisoner and his wife as I supposed her to be, on 30th May at 2s. a week—I only saw the prisoner—in consequence of not seeing Mrs. Jeffery I asked the prisoner if his wife was an invalid—he said "Yes; she has been ill a month"—I never heard any sounds in the room—on 12th June I was aroused by a lodger between 1 and 2 o'clock—I Went to the prisoner's room—I saw the woman lying on the bed; she was not covered—all I could see was an old black dress, no bedclothes—the prisoner said the woman was very independent, and would have nothing done for her.
Cross-examined. He used to fetch things for her.
MARY ANN JONES . I am the wife of William Jones, sawyer, of 9, Alfred Street, Battersea—I never saw the deceased woman alive—on Sunday morning, the day before she died, about 2. 45, I heard her groan in her room—I saw the prisoner come in about a quarter to 1 o'clock on the 12th—I afterwards went into the room with Mrs. Wilson—she said to the prisoner "Mr. Jeffery, this is dreadful; you will get into a bother
over this"—the prisoner said it was not his fault; she would not have any one to her.
WILLIAM SEWELL . I am a registered medical practitioner of Queen Ann's Terrace, Batteraea—about 10. 30 p. m. on 11th June I was called by the prisoner to see his wife, as he thought she was dead—I went with him and saw the woman—she was lying on the bed dead—the bed was in a filthy condition—there were. no bed-clothes—she was covered with a black dress, except the right arm—she was in a filthy condition—her hair was matted—I concluded she had been in that state two or three months—I asked the prisoner how long she had been ill—he said not lately, but she was ill two years ago with rheumatism—I asked him how long she had been in that condition, he said about two days—that was with regard to the vermin—I asked him what he was—he said he had been an architect—he had a pension of 20l. a year from his father's estate—I gave directions for the body to be removed to the mortuary, and a post-mortem examination was conducted by Dr. Kempster.
Cross-examined. I asked the prisoner how it was he was not in the same state, and he said he had slept on the floor.
WILLIAM HENRY KEMPSTER . I am a medical practitioner and divisional surgeon of police—on 13th June with Mr. Sewell I made a post-mortem examination of the deceased—I found the body much emaciated, two sores on the back of the right hip indicating she had been lying for a considerable period, the ankles swollen, an ulcer on the left leg, sores and numerous vermin, thousands of lice, no marks indicating violence, no subcutaneous fat under the chin, nor all over the body, very little muscle, it having been absorbed, and the blood-vessels were almost empty—the heart was small and pale, and the tissues abnormally soft—the right side was full of liquid blood with a small soft clot—the left side was filled, and a recent soft clot—her condition indicated very slow death—the left lung was adherent to the pleura from an old attack of pleurisy, and a small cavity full of pus; the right lung was in the same condition at the apex; there was recent congestion occupying the whole of the base of the left lung—the liver was small—there was no evidence of disease or of alcoholism—the bladder was full of bile—the stomach was small and atrophied principally, you could see through the coats, and it contained at the orifice of exit a small quantity of vegetable food resembling boiled cabbage—on further examination this was found to be decolourised and softened lettuce, the stomach was empty in every other respect—I concluded that no solid or semi-solid food had been taken since that was swallowed, and that the lettuce had been eaten three or four days before—the woman must have been unconscious; if not digestion would have occurred, and food would have passed from the stomach into the bowels—she must have been in a state of profound coma, all the functions except respiration and circulation being suspended—I think I can say she had not eaten stewed eels the day before her death—there was a small quantity of solid bile, stained fæces in the lower bowel, close to the rectum, less than an ounce, the rest was perfectly empty—that would indicate that she had not taken food for a long period—her hair had been cleansed by the Coroner's officer—it had nothing to do with the cause of death, but its bad state showed it had not been brushed or combed for a long time—the immediate cause of death was congestion of the lungs and arrest of the heart's action,
arising from exhaustion—the general condition of the body showed absence of nourishment—I believe life would have been prolonged if she had had proper food and attendance or care—that is my opinion.
By the COURT. There was nothing else incompatible with existence—if she was too weak or declined to touch food she would equally die for want of nourishment—by "care "Imean proper nursing, cleanliness, and proper bed and general attendance—if properly nourished and still left in a filthy state life would have been prolonged, but the condition would tend to shorten life under peculiar circumstances—I cannot say positively that it did—I feel strongly the want of proper nourishment did accelerate death—I mean nourishment which would be prescribed by a medical man, or some other person accustomed to the care of the sick—in this case one would give beef-tea, brandy, barley-water, arrowroot, broth, milk, gruel, something that is easy of digestion, in small quantities—half the quantity would prolong life, or less; half-a quartern of some alcoholic or medical stimulant, such as ammonia, ether, say, two to four ounces of brandy a day—bed-sores would not occur under some weeks—she might with assistance have walked a few yards—the bed-sores must have existed for some time.
By MR. WARBURTON. I have since heard the prisoner was the man I saw at Battersea Police-station who was found without a home and in a wandering state of mind two years ago—I sent him to the work-house infirmary—I have seen the prisoner's lodgings—the prisoner could have procured medicine and nourishment immediately by going to the relieving officer.
By the COURT. If I had been called early in the evening I could not have prolonged-life—she was insensible for four days—I believe she would not have recovered ultimately, but life would have been prolonged some weeks or longer—life might have been prolonged before the failure, as the digestive process cannot limit the period within which life might have been prolonged—the cavities at the apex of either lung would within a month, or from one to two or three months, have terminated existence; three months at the outside—my belief is she would not have lived longer than a week.
ATHELSTON BRAXTON HICKS . I am a barrister-at-law and the Coroner for Surrey—I held an inquest on the deceased woman on 15th June, 1888—the prisoner was the first witness examined—I produce his deposition taken by me—it was read over to him, and signed.
By the COURT. I have not the communication which I received from my officer, but the deceased was supposed to have been neglected by the man—he was not charged by the police; he was summoned by my officer—I did not caution him—the information I received from my officer was that the man's neglect had caused her death—her dirty condition was reported to me, and what the doctor told me—I usually caution a witness if the police have taken him in charge, and he is on bail—the prisoner was taken into custody directly after the verdict was returned, went before the Magistrate the next day, and the case was adjourned several times—he was sworn in my presence—I took the deposition—the copy produced is my clerk's writing in my presence—we have no forms; we write on ordinary paper.
The prisoner's deposition was put in and read.
MR. WARBURTON submitted that there was no case to go to the Jury, first
there being no positive evidence as to the cause of death, and second that no legal liability rested upon the prisoner. MR. JUSTICE HAWKINS, having referred to the cases of Reg. v. Morby, Sessions Paper, vol. 95, p. 542, and Reg. v. Hiens, Sessions Paper, vol. 80, p. 112, was of opinion that sufficient legal responsibility was made out, but upon the facts it was for the Jury to my whether in their opinion death was caused or accelerated by gross and criminal neglect on the part of the prisoner.
NOT GUILTY .
MR. POLAND Prosecuted; MR. KEITH FRITH Defended. EDWIN SKIPPEN. I am an assistant warder at Her Majesty's Prison, at Wanda worth—on 23rd June I was on duty when the van came with the prisoners from the South wark Police-court, a little before 8 p. m.—each man answeres to his name, and is allotted a cell—I took the prisoner to his cell—he had come in the van, And answered to his name—he was under sentence of a month's imprisonment—I left him in his cell—shortly afterwards I returned with his supper—when I opened the cell door the prisoner said "I want to go out of this"—I said "Keep yourself quiet, and take your supper"—he did not seem excited—he dashed the supper from my hand, and rushed at me with his head down, catching the lower part of the buttocks, lifting me off my feet, throwing me with great violence against the opposite wall of the passage—my head came in contact with the wall—I became unconscious—I was taken to the infirmary, and have been under the doctor's care ever since—I have not been able to resume my duty—I did nothing to provoke the prisoner—I had not seen him before he was brought there.
Cross-examined. The cell was three and a half feet' wide—I had not noticed the prisoner's manner when he got out of the van—I was not then aware he was sentenced for stealing a loaf—I know it now.
PATRICK ROWAN . I am a warder in the same prison—I was present when the prisoner was brought in the van; he was quiet when he answered to his name—I passed him on to Skippen, to take him to his cell—I afterwards heard a shout, and a heavy body fall, and I rushed out of a room and went to the cell—the prisoner had gone out—I saw Skippen bleed profusely from a wound in the head, and doubled up; bent right down on his knees—a surgeon was sent for, who attended to him—the prisoner was put in the strong cell—I did not know him previously.
SYDNEY. REGINALD DYER . I am assistant surgeon at Her Majesty's Gaol, Wandsworth—I was called to see Skippen about 8. 20 p. m., on 23rd June, in one of the warder's rooms—he wassutfering from a scalp wound about six inches in length, extending from just above the inner side of the left eyelash up in a semi-circular manner and-down to the left ear; the whole of the scalp was detached completely from the bone, and hanging over the left eye about the size of one's hand—I put in several silver wire stitches and dressed it, and. had him removed to the infirmary—his injury would endanger his life; the wound was very serious and bled a great deal—great violence must have been used—I saw blood and hair where the head came in contact with the wall; it was a brick wall white-washed—the bone was exposed, but not injured—Skippen is still unfit for duty; he is
going on very well—I saw the prisoner in the strong cell the same night, and twice or three times a day since; he is perfectly sane.
Cross-examined. The prisoner complained two days afterwards of pains in the head; he said he had head ache—I do not remember his complaining of severe pains in the head—I saw bruises on his arms and legs, and one eye was blackened—he said he had been "handled" when the officers took him after the assault on the warder—I was not present when the van arrived—apparent or real calmness is known before a paroxysm of rage—in my opinion it takes time to cool down afterwards.
JAMES BYRD . I am principal warder at the Wandsworth prison—I received the prisoner from the van—he answered his name and appeared perfectly quiet—shortly after he was sent to his cell I heard a noise; I went there and saw Skippen on his knees bleeding—the prisoner was put in a strong cell. Cross-examined. My attention was called to the prisoner in the cell—the sergeant said he seemed strange in the van, and that he had had a little trouble in putting him in at the Court.
Re-examined. The prisoner was kept in the strong cell a fortnight or three weeks—he has undergone a month's imprisonment for the sentence at the police-court, and then he was taken into custody on this charge—I saw him from time to time in prison. JERSMIAH MEAD (Policeman V 59). I arrested the prisoner on his leaving the prison—I had a warrant for the assault and injury of Skippen—I read it to him; I told him the warrant was for an assault upon one Edward Skippen—he said "Well, if they say I did it I must put up with it."
The Prisoner's Statement before the Magistrate was "I do not remember doing it. "
JAMES BYRD (re-examined). After I had called the prisoners' names, and the prisoner had gone to his cell and was fastened in, the sergeant said "Well, I believe that fellow is queer in his head, he is strange, we had a lot of trouble with him to get him into the van."
GUILTY on second Count — Seven Years' Penal Servitude.
Before Mr. Recorder.
785. HARRY EUGENE MONTAGUE CHADWICK (21) PLEADED GUILTY to stealing a chain, the goods of John Myers and others, after a conviction of felony in August, 1886; also to stealing a chain, the property of Alonzo Myers, and a chain, the property of Thomas Adams and another.— Twelve Months' Hard Labour.
787. ARTHUR GODDARD (46) to forging and uttering a deed purporting to be an indenture of lease from William Cooper to himself; also to forging and uttering deeds purporting to be indentures of lease.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
788. JAMES WILLIAM JONES (37) to stealing a clock and pictures, the goods of Henry Kersall, his master; also to forging and uttering a request for the payment of 15s., after a conviction of felony in February, 1874, at this Court.— Six Months' Hard Labour. [Pleaded guilty: See original trial image.] And
789. GEORGE HARRIS (16) and JOHN MILLS (16) to burglary in the dwelling-house of Patrick Carney, and stealing a pair of trousers, a shawl, and other goods, Mills "having been convicted of felony in November, 1887.—HARRIS— Nine Months' Hard Labour. MILLS—
Twelve Months' Hard Labour , [Pleaded guilty: See original trial image.]
MESSRS. POLAND and BODKIN Prosecuted; MR. BESLEY Defended. The prisoner received a good character NOT GUILTY .
MR. BODKIN Prosecuted; MR. WARD defended Bickett
PHILIP GEORGE TURNER . I am a commission agent, of 18, Norwood Road, Herne Hill—on 20th July, about 1. 15 a. m., I was in London Road, Southwark, going home—three men surrounded me; the prisoners are two of them—Murphy, I believe, hit me on my eye, and Biokett snatched my watch, which was in my pocket with this chain, and a sovereignpurse attached to the end of the chain—I caught hold of the chain, but it broke, and I only saved half of it—I went to the ground, but got up and struck out at the men—they went to the other side of the road, land I pointed them out to a policeman and knocked them all down—he took two, and the third escaped—I have not the slightest doubt of the prisoners.
Cross-examined by MR. WARD. I was quite sober—the whole thing was the work of a moment—they crossed the road after I knocked them down—the watch never went out of my pocket—when I had spoken to the policeman I crossed the road after the men—they attempted to escape; I knocked them down, and then the policeman came up—I saw all their faces, but I should not know the third one if I saw him—there were very few people about—we were near a lamp, and I never lost sight of the prisoners—they tried to get away, and when they got to the station they said it was a mistake—there were no Other people on the pavement.
Cross-examined by Murphy. I did not see anyone pick up your hat.
JAMES HINES (Policeman L 8). On 20th July, about 1 a. m., I was near the London Road—Turner spoke to me, t went hack with him and saw three men; he knocked them all down—he said that Bickett had snatched his watch, and Murphy had assaulted him—they said that they knew nothing; whatever about it—they were all sober.
Cross-examined. There were other people about—Turner was rather excited.
Murphy's Defence. I met Thomas Pettit in the London Road—I had not been there five minutes when the prosecutor came up and struck me down—I fell against a wall senseless, and when I got up he gave me in custody.
GUILTY of a sault with intent to rob. — Six Months' Hard Labour each.
MR. H. AVORY Prosecuted; MR. BESLEY Defended.
The RECORDER considered that, as the only question, was one of a date sworn to three months after the event, the ends of justice would be answered.
by MR. AVORY withdrawing from the prosecution, which
MR. AVORY contented to do.
NOT GUILTY .
MR. AYORY offered no evidence, the facts being the same as in the last case.
NOT GUILTY ,
Before Mr. Common Serjeant.
794. DANIEL LEARY (26), GEORGE WILTSHIRE (23), and CHARLES ADOLPHE HANSEN (29) , Robbery with violence on Frederick August Nitchke, and stealing four coins, two rings, and 14l. from him. Second Count, Receiving the same.
MR. GRAZEBROOK Prosecuted.
FREDERICK AUGUST NITCHKE (interpreted). I am a German, and am a stoker on board the ship Carlton—I left her in the East India Dock on Saturday morning, 7th July (we had arrived the day before), and went to the shipping office, on Tower Hill, to receive my wages—I met Hansen outside the office, who asked me whether I was a German—I asked him whether he was, and where he was from, he said from Hamburg—he asked me whether I was going away by the same ship, or what I was going to do—I asked him whether he could find me a ship for Hamburg—he left me for a short time, and returned and said "Yes, there is a ship at 10 o'clock"—I offered to pay him for his services—on the way to the ship to get my luggage, he said he would call in and see his wife, and took me in his house, where he represented Leary as his brother-in-law—Leary said nothing—I said I should like to go and fetch my things from the Carlton—Leary engaged a cab—he did not speak German—Hansen spoke with Leary, but not in German; I did not understand what they said—we all three went to the East India Docks in the cab—Leary and Hansen gave directions to the cabman—I received my luggage, a sailor's sack—when we left we stopped at several public-houses; at one of them Wiltshire joined us—at first he sat by the cabman's side—after we had called at several public-houses, I said I would not have any more drink, I was anxious to arrive at the ship, fearing I should be too late—when we were in the last public-house, Leary attempted to take my purse from me, by putting his hand into my trousers pocket—I felt his hand in my pocket, I put my hand there and just caught it; he did not get the purse—then Hansen and Wiltshire got into the cab; I did not see where Leary was then—Hansen then struck me in the eye with his fist, and put one arm round my neck, and the other hand he put upon my mouth; Hansen and Wiltshire got the purse out of my pocket—I was defending myself against them, and in the struggle I could not tell which of the two actually took the purse out of my pocket—I called out "Help! help!"—the moment they had the purse, Hansen and Wiltshire jumped out of the cab, which was still in motion—I also jumped out, and the cabman stopped—nobody was sitting next the cabman, I did not see where Leary was at that time—I complained to the bystanders; Mrs. Smith heard me—Hansen and Wiltshire had run away at that time—the cabman drove me to the police-station, where I saw the prisoners—this is my purse, it contained 14l. in gold, two rings, half a rupee, a farthing, a Belgian copper coin,
and 2d. in German money—everything was in the purse when I saw it again—at the police-station the cabmau asked for more money, although I had paid him previously 10s., which I had taken from my waistcoat pocket in the last public-house, just before the assault—I did not take my purse out there.
Cross-examined by Leary. I did not give you in charge at the public-house when you put your hand in my pocket, because I did not know the law—I did not know the law when I got in the cab.
Cross-examined by Wiltshire. I cannot say which public-house I met you in; I think I first saw you in the neighbourhood of the East India Dock, sitting by the cabman's side—if I said at the Court below we met you at the first public-house it is a mistake—I do not know any English—it may have been in the first public-house, but I cannot say it was.
Cross-examined by Hansen. You did not press yourself upon me when I first met you—I asked you what time the ship first went to Hamburg and offered to pay you for it—you asked me what ship I came from, as you were looking for work—I cannot say if you meant to represent leary as your brother-in-law merely in jest; I said at the police-station who had struck me; I did not say I did not know—I was not drunk because I refused to drink any more at the end—I had drunk four or five glasses of beer.
FRANK FULLOCH . I am a cab-driver—on 7th July, between 12 and 1 o'clock, I was on the rank at Whitechapel with a four-wheeled cab—Leary came up and asked me whether I would go to the docks, and Hansen, Wiltshire, and the prosecutor earns up—I said I would take them for 6s. there and back—Hansen, Leary, and the prosecutor got inside, and Wiltshire on the box—I did not stop till we got up to the East India Dock; there is a public-house outside where the trams stop—we all went in and had a drink, and Hansen and the prosecutor went into the dock to get the prosecutor's clothes—they were in there three-quarters of an hour, and then brought out a bag and a hand-bundle, then we started to go back, Wiltshire got outside and Leary and Hansen in—I went to the Great Eastern Hotel—they went in and had a glass or two there—then we went to Stepney Green and watered the horse—they had a drink; then they put their heads out at the window, and Hansen said "Pull up, we want a bottle of rum for this man (the prosecutor), to take on board ship"—I pulled up, they got the rum, they did not have a drink then—I came over London Bridge and stopped at a house on the left side of Tooley Street—they went in there, and I went in and said "I want my money before I go any further; I am not going to stop about here any longer, "Hansen asked the prosecutor for the money for me in German; the prosecutor gave Hansen half a sovereign, which Hansen gave to me—Hansen spoke to me in English—they all came outside together; Wiltshire and Hansen got inside and Leary on the box, and I said "Where are you going to now?"—Leary said "I will show you where I am going"—when I came out of the narrow turning and went into Tooley Street again Leary said "Round here"—I turned round Fare Street, where there is a boarding up on one side; that is where the robbery took place—they all jumped out of the cab and Leary off the box; while the cab was still in motion they all jumped off together—I never heard the prosecutor holloa out; I could not hear him
from the noise of the cab—the prosecutor followed them out of the cab—he said "I am robbed, "I understood him—I should think the prisoners could hear him; they were not far away—they were all three running away; they ran round the corner and the prosecutor followed them—a lady came up, not Mrs. Smith—I saw no more of the prisoners, I stood by my cab and afterwards drove the prosecutor to the police-station—I identify the prisoners as the three men who were in my cab.
Cross-examined by Leary. You did not say to me when you were on the box, just before I stopped, "Cannot you hear the prosecutor holloaing out?"—you said nothing to me; I pulled up when I saw you jumping off—I did not stop the cab before you got off—I did not acknowledge at the police-court that I had been to 9 or 10 public houses—I was not worse for liquor; I had something.
By the COURT. The prosecutor had had quite enough, he was getting very near intoxicated; his nose was bleeding, and he had a black and swollen eye when he got out of the cab and I jumped off—I got half a pint of rum—the prosecutor gave the money to Hansen to pay for it, and Hansen put the change in his pocket.
Cross-examined by Wiltshire. I first saw you on the rank at Whitechapel—you got on the box there.
Cross-examined by Hansen. At the time I got down to Fare Street the prosecutor was very near drunk; he knew what he was doing.
HANNAH SMITH . I am married, and live at 37, Charles Street, Horselydown—on 7th July, a few minutes past 3, I met the three prisoners a few yards from my house running, two first and the third quickly followed—when the third caught up to the others he stepped into the road, and said to the other two "It is all right; to the left"—they continued running—I watched them some little distance, and walked on down the street to the corner, and turned round to see if they turned to the left—hearing cries from behind I turned round and met the prosecutor bleeding and in a very excited state, and a few people—in consequence of a complaint he made to me in broken English I followed the prisoners; when I got to the other corner of Charles Street I saw two lads, Dillon was one—I said something to them, in consequence of which they came with me—they were quicker than I; the prisoners turned into Church Street, then into Tanner Street and Sun Street—there is no exit out of Sun Street, and they turned to come back, but, seeing the boys close at their heels, went over a fence—the boys told me to go back and up Merrick's Place, the next turning—I did so; I lost sight of the prisoners at the far end of the street going up some steps at the top, still running—the boys went after them—when I got to Grange Road I found the tram stopped and an altercation taking place between one of the prisoners and some one—I did not know whom—a crowd had collected; later I saw the policeman take one of the prisoners, and the inspector and a gentleman had charge of another—I saw the third also taken—I saw the prisoners at the police-station—I identify them as the three men I had first seen.
By the COURT. I did not pick them out from others; they were in the dock, I followed them to the station.
FRANK DILLON . I live at 25, Sards Bents, Church Street, Horselydown—on 7th July Mrs. Smith spoke to me in Charles Street, and I followed the three prisoners, whom I had seen running down Charles Street before she spoke to me—I, Mrs. Smith, and a lad, Conlly Bigrave,
followed them up Church Street, across Tanner Street, and up Sun Street, which is no thoroughfare; they turned back, and, seeing a lot of people, jumped over a fence into Merrick's Place—I ran up Merrick's Place, at the top of it I saw the prisoners turning to the left into Park Street—I followed them up Park Street, Riley Street, across Abbey Street, and up Fendal Street, and into the first turning on the right and up Grange Road; then they walked a little way down and got inside a tram—I spoke to the conductor and they got off the tram and walked towards Spa Road—I saw, and spoke to the constable, and they took Leafy and Wiltshire—Hansen went walking on towards Spa Road, I saw the tram inspector following him, and he was afterwards taken in charge.
WILLIAM HENRY PATCHELL . I am an inspector of the Southwark and Deptford Tram Car Company, and live at 149, Abbey field Road, Rotherhithe—on 7th July I was on duty in Grange Road at 3. 15—a car stopped at Fendal Street, and the three prisoners got into it—just afterwards two boys came up and said in the prisoners hearing "Tramway inspector, don't let go those three men; they have committed a robbery"—one of the three said "We are in a b——fix; let us clear out"—they left the car; I followed them and took Wiltshire—he said "I will go quietly, but I have not got it"—a constable came up; I handed Wiltshire over to him, and went to Harding's assistance, who was being knocked about by Leary—I received a black eye and a kick in the left leg from Leary, who was very violent and threatened to rip us up with a knife, and struck us in all directions—I tied a handkerchief round his neck and strangled him as near as I possibly could—another man assisted me and the constable—eventually we carried him to the police-station face downwards; it was the only way we could get him there.
Cross-examined by Leary. I had a black eye on Monday when I came to the Court—I did not show it to the Magistrate JHON HABDINO (Policeman M 175). On 7th July Mrs. smith and Dillon spoke to me, and in consequence of what they said I took Leavy I put my hand on his left arm and. said "Half a minute, I want you"—he turned and struck me a severe blow on my mouth with his fiat and kicked me on my right foot—Mr. Tungay and then Mr. Patcbell gave me assistance, and we took Leary to the station—in answer to the charge there he said "You have done something for me now"—he was sober.
Cross-examined by Leary. You had had something to drink but you were sober—you were by yourself when I ran up to you—after I had you in custody Mr. Tungay took your left arm—you said to him Yow f—if you don't let me go I will rip your b——gate out"—you drew something from your pocket; I struok your hand with my truncheon and something dropped on the pavement.
ALFRED GOBLE (Policeman M 291). On 7th July from information I received I went into Grange Road and saw Leary in the hands of Harding, and Wiltshire standing there with the tramway inspector—the crowd shouted out "That is one of them with the inspector"—I took Wiltshire—he chucked himself about all over the place; threw his legs about—when charged he made no reply.
Cross-examined by Wiltshire. You ware very rough going to the station.
CHARLES CLARKE (Policeman M 250). On 7th July I was in Grange Road, saw a crowd, and met Hansen, whom I stopped—immediately afterwards Dillon came up and said "That is one of the men"—directly after I saw Mrs. Smith, who said "That is the third man"—Hansen said "I will go quiet; I have done nothing"—he went very quietly—he said not a word at the station.
WALTER HOPKINS (Policeman M 265). Shortly after 3 o'clock on 7th July I was in Bermondsey Street—I saw Leary being carried face downwards to the station—he was very violent; I assisted in carrying him—I think six had hold of him—at the station he was very violent; I assisted in taking off his shoes—I saw Wiltshire was very uneasy at the station—I sat on the table; I was in plain clothes—I saw him put his left hand into his left-hand pocket, and take something out—I could see something in his hand, but could not discern what it was—he rubbed his left leg, as if he had been kicked, and paused his left hand down to about his shoe, and then I saw his hand disappear behind his leg—the inspector then said "Bring them into the charge-room"—they were brought in and placed in the dock—I walked straight to the seat where Wiltshire was sitting in the corner of the room, and picked up this purse (produced)—it contained 14 sovereigns, two rings, four foreign coins, and a farthing—the prosecutor identified it—when charged Wiltshire said "You did not see me do anything"—I said "Yes I did"—I was about three yards from him.
Cross-examined by Wiltshire. The room was full of witnesses—the word was given to bring you in at the same time—a constable was standing in front of you, but he had not got hold of you—I was looking after you.
RICHARD LEONARD TUNGAY . I am a furniture dealer of 39, Hill Street, Peckham—on 7th July, about 3. 30, I saw a crowd and went to see the matter, and saw Harding with Leary—Harding was bleeding, his helmet was at the back of his head and he seemed as if be could not hold the prisoner—I said: "If you are innocent why don't you go?"—he hit me in the eye—he was very violent, I assisted to take him to the station—he kicked me several times in the private parts.
Cross-examined by Leary. I said at the station you kicked me eighteen or nineteen times in the testicles with your knee—I did not say I had a black eye, my face does not bruise.
Leary in his defence said they were all the worse for liquor, that he wot innocent of the charge, but that he was a bit violent. Wiltshire in his defence said they were all perfectly drunk. Hansen said the prosecutor was very drunk, and behaved so badly in the cab that they wanted to leave him, and that he (the prisoner) did not know that the prosecutor had lost his money
Leary then PLEADED GUILTY** to a conviction of felony at this Court in January, 1884, and Wiltshire to one in October, 1887, in the name of George Smith. There were other indictments against Leary for assaults on the police, and on Mr. Tungay. LEARY and WILTSHIRE— Five Years' Penal Servitude each .HANSEN— Eighteen Months' Hard Labour.
The Grand Jury commended the conduct of Harding, Tungay, and Patchell, in which the Court and Jury concurred, and also commended Mrs. Smith and Dillon. The Court awarded 2l. to Mrs. Smith, and to Dillno, Bigrave, Tungay and Patchell, 1l. each.
MR. GOODRICH Prosecuted.
LOUISA ROBERTS . I am single, and live at 69, Gravel Lane, Southwark—on 3rd July I went to the police-court to apply for a summons against the prisoner, with whom I had been living—I went home at 6. 30 p. m.—the prisoner was lying on our bed—he asked me where I had been—I told him I had been out—he struck me with his hand; it did not hurt me much, and I struck him back; I aggravated him a good deal—he picked up an iron bar out of the grate, and struck me on the head once—I know what I am saving now; I was very excitable at the Court below—I am going to speak the truth—he never touched me with a knife—he struck me nowhere else—he did not strike me across the body, or legs or arms—I did not know what I was saying in my first statement; I made my mark to it, but I was not sober when the case came on—I was very aggravated with the prisoner—I was very aggravating I know—after he did this I got out of the house, I thought I would get the worst of it; I was bleeding—I saw the knife, but I swear the prisoner never touched me with a knife—I don't know if the prisoner took the knife out of his pocket or not—I don't know what I said before the Magistrate; I was not sober then; Mrs. Redgrave and her husband gave me drink before I went to the police-court to make a false statement against the prisoner, and I did so—when the prisoner pulled me from the window I fell and cut my head on the fender—the prisoner did not hurt me very much—I don't know if a woman took ma downstairs—I was able to leave my room afterwards; I was quite sensible—I was examined by a doctor—I had wounds that bled very much.
Cross-examined by the Prisoner. I was not drunk on July 3rd when this happened—I had had some drink—I have not told people since I was a wicked woman to make such a charge against you; I have come here to speak the truth—I do not remember telling a person that my head was well in a few hours' time—it was bad for 24 hours—I was very aggravating and you were the same; you struck me, and I struck you back—I remember you pulling me in from the window, and my falling on the fender—I don't remember what statement I made before the Magistrate, or that they ordered me out of the witness-box—I remember Mrs. Redgrave, my landlady, gave me a quartern of brandy before I went to the Court to press the charge against you—you have called people out of the street to come and hold me after I have had drink, and have had hysterical fits.
HARRIET REDGRAVE . I live with my husband on the ground floor of 69, Gravel Lane—the prisoner and prosecutrix lived in that house as man and wife—he came there first—about 5 o'clock on 3rd July the prosecutrix came into my room intoxicated—she asked me for some tea—I would not give her any, and told her to go to her own room—George Wake was having tea with me—my husband took her to her room—after she had gone there I heard three Or four screams—I paid no attention to them, I had heard so much before—the prisoner came down-stairs, and went into the yard—I heard no more screaming, but I heard the woman out on the window-ledge of her own room on the first floor, and I went to the prisoner and asked him to fetch her in—he said "I dare not, she will tear me to pieces"—I saw the constable
come and take him in custody—they had been three or four weeks in the house—the woman had not been quiet there—she was given to drink—I never saw the man drunk—I had had occasion before this to send for the police—I did not give the woman any brandy the next morning when the charge was heard at the police-court—I am not in the habit of drinking brandy, and I did not give her any—I never had anything to do with her.
Cross-examined. She screamed when she got on the window-ledge; you were downstairs then—you came together to take the place, or I should not have taken her—she made some statement about falling on the fender and cutting her head.
GEORGE WAKE . I am a cabdriver, of 38, Doon Street, Commercial Road, Lambeth—on 3rd July, about 5. 30, I was with the last witness and her husband when Roberts came in—she rolled through the shop into the shop-parlour; she was under the influence of drink—she asked for a cup of tea, and eventually went upstairs—as soon as she got upstairs and touched the handle of the door she commenced to scream; then she walked into the room, and kept on screaming—I heard the prisoner say "Shut up, or I will give you something—I heard her screaming and kicking on the floor—the man came downstairs, and then I heard a regular thud—then there were people shouting in the street—I went out, and saw the woman standing outside the window on the ledge over the shop, about 30 feet I should think from the ground—her dress was open at the nock, and blood running down all over her face and neck—I went inside and spoke to Mrs. Redgrave, and then went upstairs, and pulled her in through the window, and laid her on the floor—I saw blood about the room; on the corner nearest the window and on the hearthrug—I saw no piece of iron about the room—I did not stop a minute after I brought her in, but came downstairs—I saw the prisoner in the yard, and asked him what he had been doing to the woman—he said "I have done nothing; I have not touched her"—the prosecutrix came down directly after me; the police came through the passage—she charged the prisoner with stabbing her with a knife—he said "Oh, how can you say such a thing?"
Cross-examined. You were in the yard when I heard the prosecutrix fall—you were not in the room when I rushed upstairs—the policeman said "What has he done?" and she said "He has stabbed me."
THOMAS EVANS (Divisional Surgeon of Police). About 7 p. m. on 3rd July I saw the prosecutrix at Southwark Police-station, and examined her—I noticed a severe bruise on the right cheek, and found two small punctured wounds about a quarter of an inch wide, penetrating to the skull, on the top of the head; she bled considerably—some sharp instrument would be necessary to cause such wounds.
Cross-examined. I could not positively swear they were done by a knife; I can only say by some sharp instrument—an ordinary fender would not have caused the same injury to her head; I should like to see the fender before I gave an opinion; I could not positively swear it was done with a knife—the wound penetrated a quarter to half an inch to the bone—they were small wounds, not severe at all; they might have severed some small vessels, the bleeding was very profuse.
Re-examined. I did not think the prosecutrix was very drunk; I did not take any particular notice, my patients are generally more or less affected
by drink at the station-house—I have seen people more drunk than she was.
ALBERT CIARK (Policeman M 217). About 5. 45 o'clock I was called to 69, Gravel Lane, where I found the prosecutrix bleeding from a wound she said she had received—I saw the prisoner—the prosecutrix laid "He has stabbed me"—I said to the prisoner "You hear the charge"—he said "I did not do it, you don't think I did, do you?"—I gave the prisoner into the custody of Treherne—I found this knife in the prisoner's right hand trousers pocket; there was no blood on it, it was the same as it is now—I took the prosecutrix to be medically examined—she was sober, but no doubt she had been drinking.
Cross-examined. You did not pull the knife out of your overcoat pocket and give it to me; you got it partly out of your trousers pocket and I pulled it out the rest of the way; it was shut.
ALLAN TREHERNE (Policeman M 328). About 6 o'clock, on 3rd July, I went to 69, Gravel Lane, where I saw Clark, the prisoner, and the prosecutrix in the back yard—the prisoner was given into my custody by the other constable, and I took him to the station—on the way he said "I did not do it, I would not do it, I would not assault her; she done it by falling on the fender"—afterwards, in Suffolk Street, he said "I know I done it, she won't appear against me, she dare not"—at the station, when the charge was read, he made no reply.
Cross-examined. You did not say "Isuppose you say I done it; you will make me suffer for it"—I have not misconstrued your words.
By the COURT. I had said nothing to him between his first and second statements—I had him in custody when the first was made—he was sober—there were 200 people I should think outside the house.
The prisoner in his statement before the Magistrate said the woman was troubled with hysterical fits, and that when in them she did not know what the did; that she went to the window and called murder, and that as he pulled her in she fell on the fender.
Witness for the Defence.
WILLIAM MYERS . I am a cab driver, and live at 19, London Street, London Road—I have known you since December; you are a silver polisher and enameller—as far as I know your character has always been highly recommended when you lived in my house—you have had to call me in to hold the prosecutrix when she has been drunk and Carrying on—on one occasion she pulled the leg from the table, and hit you over the legs; on another she bit a piece out of your chest; I believe you have the scar now—you have left her several times—it was a common occurrence for her to come home drunk, and go in and row with you—she has charged you before with stabbing her—the constable went in, and saw her throw a jug at you, and he refused to take the charge because she was not stabbed.
The prisoner in his defence said that as he pulled her in from the window she fell, and her head came in contact with the fender.
NOT GUILTY .
MR. BROMBY Prosecuted:
GUILTY. Recommended to mercy by the Jury, as they considered he seemed deficient in intellect.—Judgment respited.
Before Robert Malcolm Kerr, Esq.
MESSRS. POLAND and BODKIN Prosecuted.
JAMES WELCH . I live at 20, Artisan's Dwellings, Blackfriars Road, and am a printer—early on Sunday morning, 17th June, I was in Green Street, Black friars Road, with a young woman, on my way home—I saw a crowd of about 100 persons, I should think, at the time in the street—I stopped to see what the matter was—I saw the prisoner stunding in the doorway of a house in that street—as I got up the prisoner bit me with the poker on the left side of the forehead, and knocked me to the ground; it caused a big bump—he said nothing to me, I said nothing to him—my skin was just broken—I had never seen the prisoner before that night—I did nothing to provoke him—I am sure the prisoner is the man that had the poker.
By the COURT. I walked over from the other side of the road to the crowd.
JOHN DOHERTY . I live at 16, Ralph Street, and am an engineer—on this morning I was in Green Street, and saw a crowd outside the house—the prisoner stood inside his door, and as I got to the door a fender was thrown from the door and struck me on the head, at the side of my hat—the prisoner said something about "You b——, I will kill you all"—he came out of the house on to the pavement, and knocked Priestly down with a belt—at the same time I noticed glass and plates, crockery being thrown through the window from the inside; I can't say by whom, the prisoner was on the pavement.
By the COURT. There was a crowd making a noise—they were saying nothing to this man, he was fighting with them—I was going home—the street is 15 or 20 yards wide—I lived on the same side of the street as the prisoner, and was going the nearest way home; there was no one on the pavement when I was passing by; the fender was thrown out and I stopped to see what was the matter.
JOSEPH PRIESTLY . I live at 14, King's Bench Walk, South walk, and am a printer—on this night I was going home, about 12 o'clock, with Fret—Kennedy was there—I saw a crowd outside a house in Green Street—I was going through the crowd and the prisoner struck me with the poker on the forehead, made it bleed, and knocked me senseless—I was taken into a house, and afterwards went to the hospital and had my head dressed—I had done nothing to provoke him.
Cross-examined. I had not only my guernsey on.
By the COURT. A fight was not going on—I was going by to go home when I was struck—I don't know what the crowd was doing—there was no noise or fight—the crowd was not gathered round his door; they were in the road—I believe the prisoner was in the road rowing with his wife, or some one.
road with a poker in his hand—he struck Priestly with the poker, and then be hit me on the hat, which was knocked off—he made another blow at me, I put my hand up and my wrist was cut—two men got hold of me and took me to Guy's Hospital, where I was for three weeks—I am still suffering—I am quite sure the prisoner is the man who inflicted this injury on me—I could not say what he did it with.
Cross-examined. Your wife told me she broke the window—I had no young woman with me—I did not break the window—I no sooner got up than I was hit—I did not get the wound from the broken window.
PATRICK KENNEDY . I was passing through Green Street on this night—I saw Priestly and the prisoner there—the prisoner had a poker in his hand—he struck Priestly on the forehead—I took the poker from his right hand and took it to the police-station and gave it up to the police—I saw Fret coming away bleeding—I took him to the hospital—I am sure the prisoner is the man who struck Priestly with the poker—I took the poker afterwards—I did not see Fret struck at all.
JOSEPH EASTER . I live at 3, Back Court, King's Bench Walk—on 17th June, early in the morning, I was in Green Street with Priestly—I saw the prisoner strike Priestly on the head with a poker and knock him down—I went to his assistance and took him home, seeing he was bleeding from the head—after Priestly was knocked down the prisoner lifted up his leg to make a kick at Alfred Lewis, the constable—he Went to kick him in the privates, but Lewis put his arm there, and it caught his arm instead—I saw Kennedy take the poker.
ALFRED LEWIS (Policeman 293). Between 12 and 1 o'clock early on Sunday morning I went to Green Street, where I found a crowd—the prisoner was near his door, walking about in a defiant attitude making a noise—Hannan was there, he and I were in uniform—a witness complained of being assaulted, and told me another man was lying down on the opposite side of the street—I re-crossed the road to him for the purpose of telling him to go indoors—he was in the custody of Hannan; I saw he was acting very violently—I pushed through the crowd; on sewing me he said "You b——sad, I will do for you"—he made a kick at my privates—I dropped my right hand to prevent it, and was kicked in the wrist—I followed him down to the station—I went to the police surgeon and found I had a small fracture of the bone—that was done by the kick—I have been off duty ever since from that injury—I am quite sure the prisoner is the man that kicked me.
By the COURT. There were 200 or 300 people I should say—the prisoner was alone near his own door at the time—they made no demonstration against him; they complained of being assaulted by him—two went to Guy's and were attended to—I did not see the beginning of it.
PATRICK HANNAN (Policeman M 251). About half-past 12 early on this Sunday morning, in consequence of information given to me, I went to Green Street in uniform; I saw a erord of people—Doherty made a complaint to me—I saw his hat knocked in—Welch complained to me—I saw some one bleeding—I went and spoke to the prisoner, who was standing in the doorway of No. 42; he was very excited—I told him to go inside till the mob had cleared away; with that some one in the crowd shouted out "That is the man that committed the assault"—he rushed out and said to the man "You b——, if I had you singly I would
kick your b——brains out"—I took him into custody; he threw himself down and said "You b——, you won't take me"—then Lewis came up in uniform to assist me—the prisoner was lying on the ground kicking; we got him up after some time and he was taken to the station—Doherty had this part of a fender; he said he had been struck by it—this is the poker—when the prisoner was in custody before the Magistrate he said "I had a bother with my wife, she had gone to the hospital to be attended to; these people gathered round my door; I defended myself"—I did not know him before—I could not say whether any window was broken.
GEORGE EZRA HALSTEAD . I was house surgeon at Guy's Hospital on this night—I saw Fret brought in—he fainted from loss of blood—I was afraid of his death at the time from loss of blood—he bad a very serious cut across the tendon, and the radial artery was severed—he has been three weeks in the hospital—the cut must have been done by something sharp—he is still an out patient—the poker could not do such an injury as that to Fret's wrist.
GUILTY** of inflicting grievous bodily harm on Priestly and Fret. — Six Months' Hard Labour.
ADJOURNED TO MONDAY, SEPTEMBER 17TH, 1888.