CENTRAL CRIMINAL COURT
SECOND SESSION, HELD DECEMBER 10TH, 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,
Including cases committed to this Court under Order in Council pursuant to the Winter Assize Act of 1879.
Held on Monday, December 10th, 1888, and following days.
BEFORE the RIGHT HON. JAMES WHITEHEAD , ESQ., 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 ANDREW LUSK , Bart., Sir FRANCIS WYATT TRUSCOTT , Knt., Sir REGINALD HANSON , Bart., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., Recorder of the City; Sir HENRY AARON ISAACS , Knt., PHINEAS COWAN , Esq., STUART KNILL , Esq., JOSEPH RENALS , Esq., other of the Aldermen of the said City; and Sir WILLIAM THOMAS CHARLEY , Knt., Q.C., D.C.L., Common Serjeant of the said City; Her Majesty's Justices of Oyer and Terminer, and General Gaol Delivery, holden for the said City, and Judges of the Central Criminal Court.
CENTRAL CRIMINAL COURT.
WHITEHEAD, MAYOR. SECOND SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, December 10th, 1888.
Before Mr. Recorder.
MESSRS. GILL and GEOGHEGAN Prosecuted; MESSRS. BESLEY and KEITH FRITH Defended.
The prosecutor in this case was introduced to the prisoner for the purpose of discounting an accommodation bill. He (prisoner) drew a bill, which the prosecutor accepted and handed to the prisoner, who got it cashed and retained the money.
MR. BESLEY, for the prisoner, submitted that under circumstances there was no larceny, that the prisoner was a beneficial owner of the bill, and had a perfect right to turn it into cash; and, having done so, he could not be charged as a bailee of the money; there was no breach of the contract of bailment; it was merely a debt, and a matter for civil proceedings as between the parties.
MR. GILL, for the prosecution, contended that the prisoner had no ownership in the property; at the time he received the bill he gave a receipt for it, undertaking to return the bill or cash within a week, which he did not; it was a question for the jury whether the prisoner was not entrusted with the bill for a specific purpose, and he argued that an act of larceny was committed at the time the prisoner parted with the bill, and got money on it, which he retained.
THE RECORDER was of opinion that, unless it was shown that the prisoner had a felonious intent at the time he parted with the bill, it would not amount to a felony, as in parting with the bill he only acted upon his instructions from the prosecutor—he therefore held that the objection taken was a fatal one, and directed a verdict of.
NOT GUILTY .
MR. MEAD for the prosecution offered no evidence.
NOT GUILTY .
MR. SYMONS Prosecuted; KEITH FRITH Defended.
DAVID SHAW BATCHELOR . I am a miller and corndealer, of 117, South Street, Greenwich—I put this advertisement in the Bazaar, Exchange, and Mart on 10th September. (This offered two sets of harness.) I received this letter in answer on September 13th. (This had a printed heading: "Telegraphic address, Creasey, Barnsley—21, May-day Green, Barnsley. Memorandum from Edward G. Creasey, Wholesale Potato, Fruit, and Poultry Merchant. "It offered 85s. for set of silver-plated harness; money to be remitted on receipt of harness, and added that he could do with another set.) On receipt of that I sent on 14th September to that address the two sets of silverplated harness, with this letter, saying the two sets of harness were at £8 10s.—no money came back, nor did the harness—I made repeated application for the money or return of the goods, and not receiving either, I communicated with the Barnsley police, and they wrote back that the prisoner had just come out of prison after six months—on 8th October Sergeant Parker showed me my harness at Greenwich Police-station; I recognised both sets as mine.
Cross-examined. I never go by the name of W. Baker Batchelor—I have no brother of that name—I do not know that the letters to the prisoner were signed so; I know nothing of W. Baker Batchelor—the prisoner was arrested on 28th September—he sent a postcard, saying he would come to settle—it was sooner than 2nd October; I would not be certain of the date—I would not swear it was not 2nd October.
JAMES KAY . I am a greengrocer at Sheffield Road, Barnsley—I know the prisoner—on 17th September he told me he had been to Sheffield and bought a set of harness which would just about fit my pony—he asked me to go down and look at it—I did so on the 21st, and agreed to purchase it for £2—I gave him £2 and he gave me this receipt on a piece of paper from which he tore the printed heading "Creasey, Wholesale Potato Merchant," similar to the heading on that letter—on the 29th I handed the harness to Sergeant Parker—21, May-day Green is a cottage house—no wholesale business is carried on there—Mrs. Sarah Rose lives there; she has a stall in the market—the prisoner never stood in the wholesale market at Barnsley.
Cross-examined. I have seen the prisoner and another man with a cart doing business in the fruit trade—he once sold me a stone of plums at the shop-door—I know Allen, Springthorpe, Hayes, Allice—they are fruiterers in a respectable way of business, living at Barnsley—the prisoner has had dealings with them in fruit for the last three months about—he had no stand in the market opposite Allen's corner on market day—I have seen him with Sarah Rose at her stall—he has been living with her as her husband—she has had a greengrocer's business all her life; it is a good business—I have not seen the prisoner at her stall—I
don't know that he paid 2s. a week for a stable, where he stowed his goods—I have not heard it—he had a riding-saddle with him; it was not that he referred to as coming from Sheffield—I have not paid him several pounds; I have paid him a few shillings about twice—I thought £2 was a fair price for the harness, it was not new—there are a number of people who do good business at stalls in the market who have no warehouse, but simply a private address to which letters could be written—Mrs. Rose has no warehouse.
Re-examined. When it is not market day Mrs. Rose carries her stock for the day in a basket; on market days she has a stall in the market.
JOSEPH BECKETT . I am a fruit salesman in Covent Garden Market—on 27th September I received this letter. (This was headed in the same way, dated from 21, May-day Green, and asked to be supplied three times a week with fruit of all kinds; reference to be sent if required. It requested 20 baskets of plums to be sent on Saturday t for which a cheque would be sent on receipt.) I replied asking him for a London reference—the next morning, September 28th, I got this letter, saying that he could not send a London reference, but that he would send a Manchester one, and asking for goods three times a week—expecting the reference to arrive, I sent him goods and this invoice, goods £4 2s. 6d. and 30s. the empties, £5 12s. 6d.—those were sent on the representations contained that letter—I believed he was a wholesale fruit merchant carrying on business at 21, May-day Green, Barnsley, or I should not have sent them—I believed he would do a large trade with me, and would pay me by cheque every morning—after the goods were sent I received a communication from the police—my plums were sold at Barnsley by the police on my order.
Cross-examined. The Manchester reference never came—I parted with the goods before I got it, because he wanted them particularly for Saturday—he ordered twenty baskets of plums of two kinds, I sent him thirty—he was arrested going to the station to get my plums; I did not expect to be paid for them before he got them—I don't know that many people give their private addresses as their warehouses—I took it that 21, Mayday Green was his warehouse from the memorandum.
JOSEPH THOMAS PARKER (Sergeant West Riding Constabulary). I am stationed at Barnsley—on 28th September I saw the prisoner at the Midland Railway Station, Barnsley—as soon as he saw me he ran away—I chased him about a quarter of a mile—he rushed into a house in Gasnook and slammed the door to, and tried to fasten it, but I was so close to him that I forced it open before he could do so—I got into the house and got hold of him—I told him I wanted him on a warrant—he seized me by the throat and said, "You b——, you shall never take me"—he forced me against the wall, and we had a severe struggle—assistance came, and I took him to the Police-station—on the way there he said, "What is this warrant about?"—I told him it was respecting the harness he got from Greenwich—he said, "I never got any harness from Greenwich"—I afterwards searched his lodgings at 21, May-day Green—I found this telegram and this paper, a great quantity of bill-heads similar to the one produced, and several copies of the Bazaar, Exchange, and Mart—I searched an unoccupied house rented by a widow—under some boards there I found some harness—I also found some at Green and Barber's, the auctioneers, and Mr. Kay produced a set of harness—Mr.
Batchelor has since identified it all—I have known the prisoner from March to December, 1887, and from June to the time of his arrest this year—he is not a wholesale greengrocer.
Cross-examined. A few people who carry on business as stallholders at the Barnsley Market have no shops—the prisoner has been living with Mrs. Rose as her husband—she has been in that kind of business ever since I have been there, four years—she principally goes round to the villages outside Barnsley with a basket—I am more frequently in the market than Kay is; Kay is in business himself—the stallholders must have an address on their receipts and billheads, and a telegraphic address very seldom—the prisoner was not in the slightest under the influence of drink.
Re-examined. I have seen the prisoner write—these three billheads are in his writing.
THOMAS FRANCIS (Sergeant R). I took the prisoner over from the last witness—I told him I had a warrant for obtaining two sets of harness from Mr. Batchelor, of South Street, Greenwich, and I showed him the harness—he said, "Those two sets there; that is one of the sets, and the other set don't belong to him"—Kay's set was not there then; he meant by the set that did not belong to him, the set that Parker had recovered—I said to him, "If you tell us where the other set is (you need not tell us unless you like) it will save us a deal of trouble"—he said, "I have sold them to a man named Kay"—and he gave Sergeant Parker the address.
AARON TIDSWELL (Detective Sergeant, West Riding Constabulary). On 28th September I saw some fruit addressed to Creasy, 21, May-day Green, arrive at the Midland Railway Station—I stopped the fruit, and communicated with Mr. Beckett, and had it sold the following morning by his direction—I have known the prisoner about two years—he has not carried on business during that time anywhere as wholesale fruit merchant or as fruit merchant at all.
Cross-examined. I have seen him selling fruit in the market, and when he has seen me he has run away and left it—people who sell rags and bones can call themselves rag and bone merchants, and people who sell oranges can call themselves fruit merchants—I know the prisoner has been living with Mrs. Rose; she has been in the fruit business for a long time in a small way—I have known her between three and four years—I am told she has been engaged all her life in that business.
The Prisoner's Statement before the Magistrate. "I am not guilty."
J. T. PARKER (Re-examined by Mr. FRITH). I found no letters from Mr. Batchelor to the prisoner.
—He then PLEADED GUILTY to a Conviction of obtaining goods by false pretences in January, 1888, at Wakefield.
Sergeant Parker said that since the prisoner's arrest eleven other similar cases had been traced against the prisoner.— Five Years' Penal Servitude.
79. CHARLES WRIGHT (19) PLEADED GUILTY to unlawfully committing a common law forgery; and also to obtaining by false pretences from William Nowland 7 coins with intent to defraud, and attempting to obtain money from William George Price— Four Months' Hard Labour.
80. JAMES NYE (23) to obtaining by false pretences from Emmeline Baxter a brooch and chain, and from Frederick Winfield a gold watch, with intent to defraud, also to stealing a gold watch.— [Pleaded guilty: see original trial image] Judgment Respited.
82. CHARLES SHEARD (28) [Pleaded guilty: see original trial image] to breaking and entering the warehouse of George Philip with intent to steal therein, and also to stealing eleven printed books and maps, the goods of Gerald Stanley Philip and others, his masters.— Nine Months' Hard Labour.
84. JOHN SULLIVAN (21) [Pleaded guilty: see original trial image] to burglary in the dwelling-house of Henry Skeel, with intent to steal therein, and to a conviction of felony in May, 1887.— Twelve Months Hard Labour. And
MR. LAWLESS Prosecuted
At the conclusion of the evidence of the Prosecutor, the prisoner said in the hearing of the Jury that he did not deny that the postcard which formed the subject of the libel was in his writing, and thereupon the Jury found him
GUILTY . — Discharged on recognisances to be of good behaviour and keep the peace for Twelve Months.
NEW COURT, Monday, December 10, 1888.
Before Mr. Recorder.
MR. HALL Prosecuted.
WALTER WILLIAM BRIGHT . I am a costermonger of the City Road—I am committed for trial on another charge (See page 99)—on Wednesday night, November 28, I saw the prisoner in Central Street, St. Luke's—he had lodged with me, and owed me 5s. 9d.—I asked him for it—he said, "I can't pay you all now; in fact, I do not know how to spare any"—I said, "I am short of my stock"—he said, "If you will give me 18d. I will give you 2s."—I gave him 18d. in copper, and he gave me this florin, which turned out bad—I kept it in my pocket, and next morning went to the gas factory and put it down with other money for four sacks of coke and it was returned to me marked with black pencil—I saw the prisoner in Stamford Street on the following Saturday, and when he saw me he ran away; I ran after him, caught mm, and told him he had done a nice thing, he had nearly got me locked up by giving me a bad florin—he said that he never gave it to me—I said, "If you never gave it to me how could I get it? I had no money in my pocket but a shilling." I gave him in charge with the coin.
Cross-examined by the Prisoner. On the Wednesday night a chap called me out of my uncle's office and said, "There goes Dick"; you are known as Dick—you were walking then—I ran after you and caught you and you gave me the coin outside the grocer's—when I saw you on the Saturday you ran away before I said anything about the florin.
WILLIAM WITHERS (Policeman G 135). On Saturday, December 1, about 10.30 a.m., the prosecutor gave the prisoner into my custody in Central Street, St. Luke's, for passing a bad florin—he said, "We have both done a stretch together, and I might as well pass it off on him as on anybody else"—I took him to the station—a stretch is 12 months—he was charged, but did not attempt to explain how he got the florin.
CHARLES MCCARTHY (Policeman 385). I was on duty at Old Street Station when the prisoner was brought in—I saw him throw what appeared to be a piece of paper under his seat—I picked it up, it contained what I believe to be a bad shilling; this is it—he was charged with having it in his possession, and made no answer—I gave it to an inspector who is not here, and it was marked in the presence of another inspector—he afterwards said that it dropped from his pocket, and that he got it in Covent Garden Market for carrying some turnips.
The Prisoner's Statement before the Magistrate. "I never said to the policeman that the prosecutor and I had done a stretch together, and that I might as well pass the coin to him as to any one else. The shilling I took that morning in Covent Garden Market."
Prisoner's Defence. I never gave him the florin at all. I received the shilling for carrying turnips and gave 8d. change. I found it was bad, and put it in my coat pocket away from other money.
—He then PLEADED GUILTY** to a Conviction of housebreaking, at Clerkenwell on 12th October, 1887.— Nine Months' Hard Labour.
Mr. WILKINSON Prosecuted.
EMMA ROWBOTTOM . I am a waitress at Mrs. Nicholls' coffee rooms, Covent Garden—on 12th November I served the prisoner with a cup of tea and a slice of bread and butter, price 2d., and he gave me a half-crown—I took it to Mrs. Nicholls, and then went back to the prisoner and said, "The money is bad"—he said, "I have not any more on me"—Mrs. Nicholls told him he had better be off, and he went out without eating the bread or drinking the tea or receiving the change—the boy went after him, and I followed, and saw the boy stop him—I told him he had better come back, and he walked back with the boy—my mistress then asked him what he meant by it; he said that he had no more money on him—a constable came and took him—this is the coin (produced).
REBECCA NICHOLLS . My husband keeps the Adelphi Coffee Rooms, Maiden Lane—on 12th November the last witness brought me a half-crown for change—I found it was bad, went to the prisoner and said, "What have you given me here? this is not right; give me something else instead of this; this won't do"—he said, "Let me look at it?"—I said, "It does not require looking at"—he said, "Is not it good?"—I said, "It is not; have you anything else?"—he said, "No; I have not another penny on me"—I took the bread and butter from him, which he had just commenced, and said, "You had better clear"—he left, and I sent the boy out, who brought him back—a constable came, who took the coin from me—I am certain it was the same.
WILLIAM CAST (Policeman E 374). On 12th November, about 9.45 p.m., I was on duty in Maiden Lane, Covent Garden, and saw the prisoner come out of No. 11, a coffee house, and run towards Southampton Street, followed by a boy from the shop and the witness Rowbottom—the boy took him back, holding him by his arm. I followed about three yards behind, went into the shop, and said, "What is the matter?" Mrs. Nicholls said "This man obtained refreshment, aud tendered this bad half-crown"—I asked the prisoner where he got it; he said that he received it for labour which he had done in Fleet Street, and did not know it was bad. I asked prisoner if he could tell me who he received it from or show me the place. He said "No"—Mrs. Nicholls refused to charge him, but I took him to the station, the charge was read over to him; he made no reply, but said he had no address. I found nothing on him.
Prisoner's Defence. I earned the coin the same day for carrying luggage.
—He then PLEADED GUILTY** to a Conviction at this Court on September 12, 1887, of unlawfully uttering counterfeit coin.— Five Years' Penal Servitude.
OLD COURT.—Tuesday, December 11th, 1888.
Before Mr. Recorder.
MR. PURCELL Prosecuted.
MARY ANN SHAW . I am the wife of Charles Shaw, a pork sausage maker, of 82, Oswald Street—on Saturday, 27th October, a little after nine in the evening, I went out, leaving the house quite secure and empty—I came back at half-past twelve with my husband—on Sunday evening I missed my husband's coat; this is it—I know the prisoner by seeing him about the neighbourhood for a long time.
WILLIAM FREDERICK ORFORD . On Sunday, 28th October, I saw the prisoner at the door of my house—he had this coat on his back—he asked me if I wanted to buy it—I said "No"—he asked me to lend him half-a-crown on it—I did so, and he left it with me, and I saw no more of it—I told Mrs. Canton, my landlady, to pawn, it to get my half-crown back.
CAROLINE CANTON . I saw this coat in my houses—Orford asked me to pawn it to get him his money back—I did so—on the Tuesday after I saw Mrs. Shaw, and went with her and redeemed the coat and gave it to her.
Cross-examined by the Prisoner. I can't say you are the chap that brought the coat there, because I was not there—I can't say you are the chap that received the money—I have never seen you in the house—I know nothing of you.
MR. PURCELL Prosecuted.
MARY ANN SHAW . On Saturday, 10th November, I went out about half-past nine with my husband; I left the house quite secure—I returned at a few minutes before eleven—as far as I could see the place was then safe—I went out again to meet my husband, and returned with him a little after twelve—I then found that the front door was bolted inside—my husband went through a neighbouring house, and got through and let me in—on searching the house I missed a timepiece from the front room, ground floor, a violin from the back kitchen, and a pair of trousers from the back bedroom; these (produced) are them—they had been safe before I went out at half-past nine—I know both the prisoners about the neighbourhood on several occasions, always together.
ALFRED CANDY . I am a builder, of 94, Oswald Street—on the night of 10th November, a little before eleven, I was at my side door, and saw the two prisoners standing at my front door—Elliott said, "Good-night, Mr. Candy"—they then both passed by me towards the back of Mr. Shaw's house—I had known them both before.
Cross-examined by Weston. I have seen you round there lots of times—I once charged you both at the Police-court, and you were discharged—I did not say I would put you away; I said if I caught you at my door again I would lock you up.
HERBERT HARDING . I live at 93, Oswald Street—I know the prisoners—on a Saturday night, 10th or 11th November, about half-past eleven, I saw them round the back of Mr. Shaw's house; I was coming home with some beer—Elliott said, "Give us a drop of beer, Billy"—I would not—he said something more to me, and I went home.
EDWARD HOW . I am a painter—on 11th November, about one in the day, I was crossing Hackney Marshes, and in a garden roller there I found this violin and case, and some trousers and braces—I took them home—Mrs. Shaw came to me, and I took the things to the station; the place where I found them was about 300 yards from Mr. Shaw's house.
BENJAMIN TRICE (Policeman J). About half-past twelve on the morning of 11th November I was in Chatsworth Road with Rosenthretter, and saw the two prisoners—we kept observation of them for half an hour—they came through Chatsworth Road into Dunless Road—they then went into the garden of an unoccupied house—on being observed they ran away—I arrested Elliott at Hackney Railway Station, near a coffee-stall—he struggled to get away, we both fell to the ground—I said I should take him to the station—he said, "What for?"—I told him I was a police officer; he did not know me—I succeeded in taking him to the station—I know Mr. Shaw's house; it is about 200 yards from the house where I saw the prisoners—when I first saw them they were coming from the direction where the property was found, and between 300 and 400 yards from it.
was drawn out of the socket, and the back door was open—access had been obtained by getting over a wall about five feet high, and then by a key in the front door—the back door must have been opened from the inside.
Both prisoners then PLEADED GUILTY to previous conviction.— Five Years' Penal Servitude each.
MR. KEELING Prosecuted.
WILLIAM JOHN NEWTON . I live at 46, Old Compton Street, Soho—on 14th November I left my house at seven in the evening, and walked into Earl Street, Seven Dials, and then into Queen Street—I crossed from the road on to the pavement by the Black Horse, when the prisoner came before me, looked at my watch chain and a 20 franc piece, and said "What, old gentleman, what Mr."—I said, "I don't know you"—I had my stick, and I tried to work it in his face; I could not, for somebody behind me was holding my arm—the prisoner got me by the throat—I called out "Murder, murder, police!"—he got my watch and chain, and then left me, and I saw my chain hanging in his left hand as he ran up a court—I tried to follow him, but could not; I was very weak from his holding my throat—this took place under two flaring gas lights at the Black Horse—I saw the prisoner as plainly as possible, and said I could pick him out of 20 men if I was on my deathbed—I did pick him out from a number of men a few hours afterwards—I gave a description to the police.
SIDNEY TEMBLY (Detective E). At half-past seven on 14th November the prosecutor made a statement to me at Bow Street Station, and gave me a description of a man, and in company with another officer I went in pursuit of the prisoner, and about eleven the same night I saw him at the Clock House, on the Dials—I said to him, "Romeo, I want you"—he said "What for?"—I said, "For stealing a watch from a gentleman at half-past seven this evening in Queen Street"—he said, "All right, it don't want two of you"—I took him to the station; he was placed with eight other men, and the prosecutor came and identified him—I only found a few coppers on him.
The prisoner asserted his innocence.
GUILTY *— Twelve Months' Hard Labour.
MR. FULTON Prosecuted; MESSRS. BESLEY and ABINGER Defended.
MARGARETTA ELIZABETH MCCONACHY . I now live at Sutton-on-Sea, Lincolnshire—until May of the present year I lived at The Poplars, Gunnersbury—my husband was a medical man in practice there—he died in December last—before that I knew the prisoner slightly—I knew a Mrs. Roe, his cousin by marriage—she lived at Gunnersbury—at the commencement of the year I was desirous of removing into a smaller house, and getting rid of my furniture—the prisoner acted for me in those matters—I then moved to 38, Heathfield Gardens, a smaller house at
Gunnersbury—amongst other property which I inherited from my husband there was a sum of about £1,000, £500 of which was in the Commercial Bank of Scotland, partly on a deposit account and partly on an account on which I could draw—I do not remember telling the prisoner that I had this money in the bank—on 5th May I received a letter from him—I did not keep it—in it he said he had found a good investment for £50 or £100 if I would send him a cheque by return of post—I had perfect confidence in him at that time, and believing what he said I forwarded him a cheque for £100; this is the counterfoil of it, the cheque I never could fined; it is the practice of the bank to return me my cheques when they have been used—I sent the cheque to Hugh Street, Pimlico; I usually sent all letters there—on 7th May the prisoner came and saw me at Gunnersbury—he said he wanted my deposit receipt for £100, as I could make the bank pay the money twice if I did not send it—I gave him one of my deposit notes—I was under the impression it was for £100; I afterwards found it was for £400—I asked him what the investment was—he said it was to lend to a farmer to buy seed wheat—he did not say where the farmer resided, but he said he had to go to Chester about the business that afternoon—he said I was to have ten per cent. interest, and a good piece of land as security—I believed him—he then left, taking the deposit note with him—he returned on the 11th, and brought me a £10 note as the interest in advance on my £100—I believe I took that note to my grocer, Mr. Suter, of Chiswick—the prisoner also said, "I can get you 10 per cent. for the rest of your money now if you will allow me"—I said, "But should I do it?"—he said, "That is for you to decide"—I do not remember whether he said what the investment was, but I believed it to be the same as the other, because he said at the time he would likely have the same opportunity of doing the same for me again"—I said, "You know I know nothing about such things; do you advise me to do it?" He said, "Mrs. Roe has £1,000 lying idle in the Bank, and she would be very glad if I would do it for her, but you need it more." I then gave him these two cheques for £200 each—I filled in everything except the date—they are endorsed by him—one is dated 11th May, and the other the 19th—these are the two counterfoils filled up in the prisoner's handwriting:—"May 11, '88; for investment with E. Roe"—he went away with those two cheques—I implicitly believed at the time that he had invested the other £100 for me with the farmer at 10 per cent.—I should not have given him any more money if I had not believed that—I can't remember seeing him again till he was in custody—I have not received any interest for the other money—he wrote to me saying that he had invested the £500 in my name, which would bring me £50 a year for some time—I can't remember the date of that letter; it was some time in May—I wrote to him in Hugh Street, where he was usually to be found; these are the letters; they came back through the Dead Letter Office—on or about 2nd August I received this letter from him—(Read)."Albemarle Hotel, Brighton. Dear Mrs. McConachy,—By some question you asked me, either some of my letters never reached you, or you forget. I remember distinctly writing to you. The money was put in with the other money, and at your request invested. Of course I invested in my own name and in security for you. If you prefer your brother acting for you I will send you the items. I am so
ill I can hardly hold the pen. I will call on Taylor, at your request, and from him you will hear. I hope the little ones are all well, and yourself included.—I remain, yours sincerely, J. E. Roe." That was the first idea I had that he had invested the money in his own name—he never came to see me or my solicitor, or even gave me the account he speaks of in that letter—by the advice of my solicitor I ultimately applied for a warrant for his apprehension.
GEORGE STEPHEN COUTTS . I am chief cashier at the Commercial Bank of Scotland at 1, 2 and 3, Bishopsgate Street Within—these documents (produced) are copies of the banking account of Mrs. McConachy, made in pursuance of the Bankers' Books Evidence Act—I have examined them with the books of the bank; they are quite correct—on 7th May, 1888, I find an entry of a debit of £100 purporting to have been paid to Elphin-stone Roe—I remember the prisoner coming, to the bank on the morning of 7th May, about half-past ten—I knew him before—he presented a cheque for £100 drawn by Mrs. McConachy—I remarked that there was not sufficient on current account—the deposit account was £500—I told him that before the cheque could be met it would require to have sufficient transferred from the deposit account into the current account—he said, "I am extremely anxious to get the money to-day, as I have found a good investment for Mrs. McConachy, and I have to leave for the country today"—I still refused to cash the cheque—I referred him to the manager—I am not aware that he saw the manager—he went away and returned about two o'clock, bringing with him a deposit note for £400—that was transferred to the current account, and I then cashed the £100 cheque in nine £10 notes and £10 in gold—the numbers of the notes are 53,909 to 17, dated February 22, 1888—referring to the bank account I find that Mrs. McConachy is debited with £200 on 11th May, and a further £200 on the 19th May—I cashed the one on the 19th for the prisoner, in three £50 notes and five £10 notes—the numbers of the £50 notes are 44 X. 09382 and 3 X. 09500, and the five £10 notes 47 X. 23307 to 11, dated 23rd February, 1888; and the £200 on the 11th was paid in one £100 note, No. 31 X. 22930 16 Aug., 1887; and one of the fifties 2115, 16 July, 1887—the remaining £100 on deposit was transferred on 11th May with 19s. 3d. interest—that must have been done by the production of the other deposit note—that closed the deposit account.
Cross-examined. I had not known Mrs. McConachy personally—I knew her husband—at the prisoner's request I endeavoured to collect votes to get a child into some institution—he left one or two cards with me; that was in March—he mentioned casually that he had been ill.
SAMUEL SUTER . I am a grocer in High Street, Chiswick—Mrs. McConachy was a regular customer—I was in the habit from time to time of changing notes for her—by referring to my paying-in book, I find that on 12th May I paid in a £10 note at the London and County Bank, Chiswick Branch (Mr. Fulton put in a verified account of the witness', showing that the number of the note was 53,915, dated 22nd February, 1883.)
CHARLES JOHN WILLIAMS . I am a clerk in the Accountant's Banknote Department, Bank of England—I produce a £10 note, No. 53,915, of 28th February, 1888, paid in on 14th May by the London and County Bank; also nine £10 notes, of which that is one, Nos. 58,909 to 53,917, same date—53,909 was paid in on 23rd May by the Birmingham Branch
of the Bank of England; 53,910 was paid in on 31st May by the London and County Bank; 53,911 on 19th June by the Liverpool Branch of the Bank of England; 53,912 on 23rd May by the Birmingham Branch of the Bank of England; 53,914 on 26th June by the Union Bank of London; 53,916 on 29th May by the Liverpool Branch of the Bank of England; and 53,917 on 19th May by the Manchester Branch of the Bank of England—I also produce a £100 note, No. 22,930, dated 16th August, 1887, paid in on 12th May by the London Joint Stock Bank, and five £50 notes: 88,215, paid in on 15th May, 1888, by the London and Westminster Bank; 88,385 on 20th June by the London and County Bank; 99,382 on 2nd July by the London and County Bank; 99,383 on 19th June by the same; 9,500 on 9th June by the National Bank; also five £10 notes, Nos. 22,307 to 22,311, all dated 23rd February, from different sources, one from Glyn's, two from the London and County, and one from the Union—notes coming from Edinburgh generally bear the name of the bank—there is no mark on any of these notes of any Scottish bank.
RICHARD MACEY . On 11th November I arrested the prisoner on a warrant which was placed in my hands on 24th October—I received him from the hands of the Scotch police at Edinburgh—they were detaining him till I came, in consequence of information I had sent—he was not actually arrested on this charge.
Cross-examined. I found him in custody about a matter of a watch and chain; he did not say it had been lent or given to him—the charge about the £500 was not preferred then, although I knew it was about—I know nothing of its being put before the magistrate, and process refused—the solicitors handed me a photograph, which I forwarded to Edinburgh.
MRS. MCCONACHY (cross-examined). I was a great friend of a relative of the prisoner—on the death of my husband I had no relative to refer to—Mr. Taylor received £100 to invest some time in January, I think—that was the first £100 out of my banking account after my husband's death—I addressed the prisoner as "Dear Elfie"—I never wrote fifty letters to the prisoner, I think—I have a few more of his letters; I did not keep every one—Miss Marshall brought him grapes and things when he suffered from neuralgia of the heart, in my house; sometimes he was quite insensible; I nursed him—I never said to him that I should get more allowance from the medical society for myself and my children if I was able to state I had less money of my own; the more money I was possessed of, the less would be my annuity; I may have said so—I mentioned that the £100 Mr. Taylor had to invest was invested at 5 per cent., and I showed the prisoner the paper explaining the investment—I did not tell him I should be very glad if he could get me a larger amount of interest, I never thought of it even—he never mentioned anything of the kind to me till he wrote a letter and came, telling me about the investment, and asked me about the deposit note—he did not explain about the wheat-seed in a letter, but he explained it when he came about the deposit-note—I knew nothing about farmers wanting money for seed; I simply believed what he told me—he gave me to believe that I should have the money back in six months from May—he wrote a letter that he would take a six months' bill and pay the money through the bank—he did not give me a bill—he left a little paper on the dining-room table when he went away—I did not understand the paper, and
always intended to ask him to explain it—I understood a bill would be given by the borrower, and the money could not be called in for six months; I really knew nothing about it—the fly-sheet of this letter does not explain the investment at all; it has nothing to do with it—it was not torn oft when I sent it—there was a proposal for him to give a policy of assurance on his life for £1,000, as security for the money being returned—I did not think anything of it—I have never heard from him since—I never heard of any negotiations for his taking a partnership in Edinburgh—I heard nothing from Miss Marshall—I was very anxious about the money—I told my friends about the investment, and they thought I was very foolish to trust the money to a stranger—his letter said first £100 for six months, but I cannot remember as to a further loan—I went to Mr. Bennett, the magistrate, with my solicitor, and laid the facts about the £500 before him—I gave the prisoner the watch to have it repaired; he brought it back and said, "Here is your watch, although it leaves me without one"—I said, "You had better keep it a little while"—I did not intend that he should keep it for ever; I did not mean it for a present for his kindness in all he had done for me; I had nursed him when he was ill.
Re-examined. This is the piece of paper he left, which I could not understand—"Bill, dated 12th May, £205, having paid £180, and paid Mrs. McConachy 15 per cent. in advance—Elf. Roe."
GUILTY . —There was another indictment against the prisoner for the larceny of the watch and chain.— Five Years' Penal Servitude.
93. CATHERINE IRVINE, alias HARRISON , alias HIGGINS , PLEADED GUILTY to unlawfully committing wilful and corrupt perjury, and to endeavouring to obtain money by false pretences.— Six Months' Hard Labour.
NEW COURT.—Tuesday, December 11th, 1888.
Before Mr. Common Serjeant.
94. OTTO ZWINK (29) PLEADED GUILTY to embezzling £2 5s. 6d. and two cheques for £4 2s. 6d. and £21 4s., of Seth Edward Thomas and others, his masters; also to endorsing the cheque for £4 2s. 6d., and to making certain false entries in the books of his said masters, with intent to defraud.— Eighteen Months' Hard Labour. And
(95). JOSEPH HARDI MAN (55) [Pleaded guilty: see original trial image] to receiving two quires of printed paper, the goods of Alfred Cox, knowing them to be stolen. The Prosecutor stated that his loss amounted to £700.— Twenty Months' Hard Labour.
MR. HALL Prosecuted.
WILLIAM BURNHAM (Police-inspector G). On December 1 the prisoner preferred a charge against Whittington for passing counterfeit coin to him—Whittington was convicted yesterday (See page 91) the prisoner giving evidence against him—Whittington said, "If I am going to be locked up for this, what about that house that you broke into two months ago, in Farringdon Road? you know you have got one of the quilts on your bed now, and that you asked the woman in the back parlour to pawn the other"—the prisoner said, "Don't believe him,
Governor, he is only kidding you"—that means "humbugging"—he had previously given his address 21, Grosvenor Street—I went there with a key which he gave me and which fitted the back kitchen door, and found this patchwork quilt (produced) on the bed—I afterwards found this counterpane in pledge—both have been identified—the prisoner said that he bought the quilt last Sunday in Petticoat Lane for 4d.
MARY ANN BURJESS . I live at 4, Corporation Buildings, Farringdon Road, and am a widow—on November 1 I left home about 9.45 a.m., and looked the doors—I returned about 1.50 p.m., and found the street door wrenched open—I went into my bedroom and missed this counterpane, two mackintoshes, and this patchwork counterpane—they are my property.
MARY JANE TREGANOWAN . I live at 3, Corporation Buildings, on a flat, directly opposite Mrs. Burjess; there is only a balcony between us; both are under one roof—on November 1 I saw the prisoner selling coke there; he offered to sell me some; he gave a tremendous knock at Mrs. Burjess's door, and shouted "Coke!" that was 20 or 10 minutes to one o'clock—I picked him out from a number of others.
ANNIE JONES . I am married, and on November 1 I was living at 21, Grosvenor Street, where the prisoner lives—he came to my room that evening about 6.15, and asked me to pawn this blue quilt, which I did for 2s., and sent the ticket down to him with the money, by my little girl—the police inquired of me, and I told them where it was pawned.
The Prisoner's Statement before the Magistrate. "I am not guilty of it; the patchwork quilt I bought down the Lane on Sunday week. I asked Annie Jones to pawn the counterpane. I did not know it was stolen."
JAMES WHITTINGTON . The prisoner gave me in charge for passing a bad florin, and I was convicted yesterday. (See page 91.) I told Inspector Burham in the prisoner's presence that I was hawking coke, and we could not sell it on Saffron Hill as it was so wet, and he said, "I will do something else to get a quicker shilling"—he went first to the Clerkenwell models, and from there along Farringdon Road; he went up the first block and came down, and a little girl came down from the second block and bought one sack of coke—I served her, and then he went up to the first block and came down in two minutes with a parcel under his arm, and said to me, "Get hold of the handle of that barrow"—I said, "No, I will have nothing at all to do with it; you got me twelve months before out of Mr. Wiley's case when I was at work"—he got hold of the handle of the barrow, and pulled it up Compton Street, and then he said, "Dick, I have got such a fine silk dress," but when he got home, to his surprise, what he called a silk dress was two mackintoshes—I went to bed, and got up next morning and went to market—he would not stop to sell the coke—we earned 1s. between us by the coke.
Cross-examined. I did not fetch the counterpane out about 4.30, and take it to your place, and ask you to pawn it.
By the COURT. I know the quilt was on his bed, because I was lodging with him and paying half the rent—I left him because he was always doing this.
Prisoner's Defence. When I found we could not sell the coke, I said, "We had better go home." We went home, and Whitehead said, "I am going to my sister." I went home, and about 4.30 he came in and said, "Here I have touched; will you pawn this?" I said, "No, the
person upstairs may," and Mrs. Jones pawned it, and sent the money and ticket down by her little girl, and gave it to me, and I gave it to Whittington.
J. WHITTINGTON (Re-examined). I did not get the 2s. for the pawning of the counterpane—the prisoner offered the woman a pint of beer afterwards.
—He then PLEADED GUILTY** to a conviction of housebreaking with Whittington at Clerkenwell on 18th October, 1887, when he was sentenced to Twelve Month's Hard Labour.— Eighteen Months' Hard Labour.
MESSRS. BESLEY and BODKIN Prosecuted; MR. BURNIE Defended.
CHARLES SYER (Police Inspector N.) On. 14th November I was at Dalston Police-court when Charlton gave the prisoner in custody for bigamy—I read the charge over to her—she said, "Oh, I did not think he could do that after fifteen or sixteen years."—I produce a certificate. (This certified the marriage of William Skinner, lighterman, and Catherine Donovan, at Stepney, on August 14th, 1871.)
Cross-examined. I was examined the same day before the Magistrate—I do not think I said that she said, "Oh, I did not think you could do that; I have not seen him for fifteen or sixteen years"—this is my signature, and I must have used those words.
CHARLOTTE MATHEWS . I am single, and live at 92, Roman Road—I lived with John Donovan as his wife from 1872 till eighteen months ago (fifteen years last March) in Condor Street, Stepney, which used to be called James Street—he is the prisoner's brother—I knew her as Mrs. Skinner—her husband is a lighterman; I have seen him here today—she was living with him when I first knew her—they lived about five minutes' walk from me—she told me she was going to leave her husband because he would not work to keep her—I had been living with her brother twelve months then—I knew of her leaving him; she went to live at Croydon with Ridley, a licensed victualler, and went by the name of Mrs. Ridley—after going to Croydon she was passing and saw me at the window, and said that she was comfortable at Croydon with Mr. Ridley—I asked if she had seen Skinner; she said, "No"—the last time I saw her was four years last March, when she came to me at Old Ford to see her brother, who was ill, and I asked her if she had seen anything of Bill; she said, "No," and she did not want to see him; she believed he was living with a tailoress—she stayed one night at our house, and said she was going to Leytonstone to her married sister, Mrs. Bennett—I frequently saw Skinner, but had no conversation with him.
Cross-examined. I separated from John Donovan because we lived a very unhappy life—I did not go to Dalston Police-court—I first heard of this last Friday week, when Mr. Charlton asked me several questions, and I answered him—when I had the conversation with the prisoner four years ago we were walking to an omnibus, and John Donovan was behind; he took no part in the conversation—I don't know whether he heard it—she said that she believed he was living with a tailoress since
they had been separated—I believe it was in 1872 that I began to live with John Donovan.
Re-examined. I passed Skinner several times, but did not speak to him, nor have I seen John Donovan speak to him.
ELIZABETH OXLEY . I live at Dalston with my husband; we formerly lived at King Street, Leytonstone—it will be three years next February since we left there—we lived there between three and four years, and during that time I knew Mrs. Foster, the prisoner's sister, and knew the prisoner as Mrs. Bradley—I had a communication from Mrs. Foster in the prisoner's absence, and the same evening I said to the prisoner, "Your sister tells me you are Kate Skinner"—she said, "That is right; I was married before, but he is dead; he was drowned"—I did not ask her where—she said that he was drowned nine months after their marriage, I believe in the Thames, and that she went to the mortuary and identified his body—she said she was sixteeen or seventeen years old when she married Skinner—she did not tell me that she was not married to Bradley—I do not know Skinner or Charlton.
EMMA DONOVAN . I am the wife of Jeremiah Donovan—we were married in 1881—the prisoner is my husband's sister—we lived at Peckham in 1882, and afterwards at Hackney—I first knew the prisoner six weeks before she was married to Charlton—I saw her at a house in Albion Terrace, Dalston; she was going as Mrs. Bradley—I said, "I don't think you ought to have married him, considering you have a husband living"—she said, "He is dead"—I said, "I am sure he is not"—her brother came in and said, "What is all this about?"—I said, "Is Mr. Skinner dead?"—he said, "No, I saw him last week, and shook hands with him"—she said, "You are a mean humbug"—Mr. Charlton then came in—after my marriage I was living at 123, Salmon's Lane, Lime-house, and saw Mr. Skinner there twice; that was in 1880 and 1881—I saw him shaking hands with my husband at our shop door in 1881—I knew Skinner by sight, passing up Salmon's Lane, before I knew there was any relationship between him and the prisoner; he lived in Samuel Street, which is a turning out of Salmon's Lane—he is a lighterman—I have seen him here to-day.
Cross-examined. My husband and I were present at the prisoner's marriage with Charlton.
Re-examined. Nothing was said in my hearing about Mr. Skinner on the day of the marriage—I did not know that the prisoner had married Bill Skinner till after I married my husband—I did not mention it to Charlton, because it was no business of mine.
JEREMIAH DONOVAN . I am the prisoner's brother, and live at 37, Lady's Lane, Stamford Hill—I married Emma Donovan on 4th July, 1881—we lived at 123, Salmon's Lane, Limehouse—in 1881 my wife pointed out Mr. Skinner to me in the street at Limehouse, on the opposite side of the way—that was about a fortnight after we were married, about the middle of July—I afterwards heard that he was dead, and did not see him for five or six years—after that I had a conversation with him in Limehouse Dock—I saw him again after the prisoner's second marriage, and there was a conversation between my wife and the prisoner and myself—I have not seen Skinner since that conversation.
him in Victoria Park, and saw John Donovan, the prisoner's eldest brother; I saw him twice that day—about seven or eight years ago I was at Donovan's house, and there was some conversation with my wife, but the prisoner was not present—after that conversation I frequently saw Skinner at my house—he is a lighterman, and has to be registered.
THOMAS JAMES CHARLTON . I am a beer-house keeper, of 4, Mount Pleasant Lane, Upper Clapton—I first met the prisoner on 1st April, 1886, in the name of Alice Bradley —she told me she was the widow of Walter Bradley; that she had been married to him by licence, and lived with him at the Duke of Cambridge, Croydon, about six years—she did not say when she left him, but she said she had been away from the Duke of Cambridge fifteen months—that would be about the commencement of 1885—the name of Skinner was never mentioned to me—I went through the form of marriage with the prisoner at Hackney, and got this receipt. (This certified the marriage of Thomas John Charlton, bachelor, and Alice Bradley, widow, at the parish church, Hackney, on 2nd June, 1886.) About three months after our marriage, at my particular request, I was introduced to her family—I had requested her to do so more than once, and also before the marriage—about a month ago last Sunday I heard about William Skinner, and then I charged the prisoner with bigamy.
Cross-examined. I was acquainted with the prisoners sister, Mrs. Bennett, before our marriage, and James and Mrs. Donovan were present at our marriage—the prisoner charged me with assaulting her, and I was bound over to keep the peace, and after that I charged her with bigamy.
Re-examined. I had heard nothing about Skinner till the assault—I did not commit the assault, but I consented to be bound over to keep the peace.
NOT GUILTY .
OLD COURT.—Wednesday, December, 12th, 1888.
Before Mr. Justice Hawkins.
Mr. COLAM, for the prosecution, offered no evidence on the Inquisition, no bill having been found by the Grand Jury.
NOT GUILTY .
For other Cases tried This Day, see Kent and Surrey Cases.
THIRD COURT.—Wednesday, December 12th, 1888.
Before Mr. Common Serjeant.
MR. SAUNDERS Prosecuted'; MR. GEOGHEGAN Defended.
GEORGE KINGMAN . I am a jeweller, and live at 46, Essex Street, Islington—on the night of 7th November, between twelve and one, I was in a beer-shop in Clerkenwell—Davis was in there; I was having drinks with him—he put his hand into my right-hand waistcoat pocket—I said, "Please keep your hand out of my pocket"—when we left the house together Davis said to me, "Do you accuse me of putting my hand into your pocket?"—I did not answer—he pushed me about; I tried to get
away; he put his hand in the same pocket, and took 1s. from it; there was nothing but 1s. there—I ran ten or twelve yards, when he overtook me; he struck me in the eye with his fist; I fell to the ground, with him on the top of me—White came up and pushed me in the side, as I was partly on the ground—I had seen him that evening in the house with Davis; we had had drinks together—while I was on the ground Davis put his hand into my coat pocket, and took these two pieces of metal chain—he also put his hand into my left-hand trousers pocket, from which I afterwards missed two half-crowns, a florin, and a penny—I had the case of one watch and a watch in my pocket—a constable came up when I was on the ground; he took White in charge—Davis ran away; I ran after him, and he was eventually stopped by another constable.
Cross-examined. These are brass chains—I value them at 3d. or 4d.—I repair jewellery and manufacture it—I show it at public-houses and take orders—my customers do not chiefly lie among public-houses—I sell pawn-tickets—I gave White a pawn-ticket on the night before, at the public-house, out of friendship—he is not a friend—I had spoken to him before—I had last left home about five o'clock—I then had 23s.—I did not make any purchases or pay any debts—I went into the Red Lion before I went to the beershop, which is in Garnault Place, about a quarter of a mile from Deacon's Music Hall—I stayed at the Red Lion a few minutes—I went into no other public-house—I had about 22s. 10d. when I came into the beershop—I chased Davis—I had full possession of my faculties when the constable came—I walked with him to the station—I was twenty minutes to half-an-hour at the station while the prisoners were being charged—the inspector was present—I did not know then that all my money had been taken—I only charged the prisoners with stealing 1s. and the metal chain—I saw some money found on the prisoners—I did not see what coins—I did not say a word about the 7s. till I came to the Court next day—I was not aware I had lost the money—I found it out twenty minutes after I got indoors and had a wash—I have not accused Davis of taking two half-crowns, a florin, and a penny—I say they were missing—I do not charge him with stealing 7s., only one shilling and the chain—the two pieces of chain were kept in my coat tail pocket—after Davis ran away I saw nothing of White till I saw him in custody—from the time I felt Davis putting his hand into my pocket, where the two pieces of chain were, until I saw him in custody I did not see them together—one ran in one direction and one in the other—I lost sight of Davis for two or three seconds—I kept him in sight except for two or three seconds—I could not say the direction White went in—I saw him get up and go off, and the policeman went after him, I saw nothing else of him; all he did was to push me with his hand—when I went to this public-house at nine on this evening I did not see White there; I saw several people there—they only sell beer at this house, no whisky or spirits to my knowledge—there is a public and a private bar—I was in the largest, the public bar, the whole evening till half-past twelve—I played coddam, with White I believe—several others were playing with us—we played for 2d. smokes and then for drinks—I did not pay; I don't know who did—I left the public-house with more than 8s.—I afterwards found in my top waistcoat pocket 10s. in silver, a watch and a watch-case; they had not been touched—when I went into the public-house I had all my money in my left-hand trousers pocket—while in the house I took some out and put the greater part in
my waistcoat pocket—that was about ten o'clock; White was there; after every game we have a drink and smoke and then start again—from nine till half-past twelve I was tossing for drinks, playing coddam, and smoking—I was under the influence of drink, but not drunk—when there was a cry of "time" we all left the public-house; there were about ten of us—I saw no fight outside—I can't say if there was a scrimmage or row or quarrel—there was a mob outside, when Davis had me on the ground, some twelve yards off—I cried out for assistance; no one came up to me—I had 22s. 10d. about me—I did not ask Mr. Blow, the landlord, to lend me some money; I will swear that—I spoke to him about watches and different things—I did not ask for the loan of money on a watch—I did not see White taken into custody—all he did was to push me with his hand at the time I was being robbed—he partly fell by my side at the time I was on the ground—he was not standing up—I was partly on the ground at the time—Davis was lying on top of me rifling my pockets, and White was stooping—it is not true that White was on top of me and Davis standing up—I did not pull the chains out of my pocket when I was playing coddam and dominoes and talking—I last felt them safe at five o'clock—my only reason for saying I was confident they were in my pocket was because I had nothing in my pocket that I should pull them out with—I identified the chain at the station.
Re-examined. I had not taken the chain out during the evening—some of my money was in my waistcoat; some in my trousers pocket; 1s. was in my right-hand waistcoat pocket—White was outside the house when I was knocked down—when the constable came up White was not on the top of me; he was more by my side—I was not indulging in any practical joking while I was playing coddam.
GEORGE JACKSON (Policeman 16 G R). About half-past twelve on 7th November I was on duty in Myddelton Street, Clerkenwell—I heard cries of "Police" coming from Garnault Place—I went in the direction, and when I got there I saw the prosecutor on the ground, and White just rising off him, and Davis standing up—White looked round, saw me, and started, and ran away—Davis went in the other direction—I stopped White; he said, "I have not done anything"—I said, "Well, I saw you in the road there together, and I shall detain you to see who the other man is"—I detained him about five minutes, and saw no sign of the prosecutor, and thought he had gone away, and I let White go—two or three minutes afterwards the prosecutor came back with Davis in custody of another constable—White had not gone then—I was going to the station with the prosecutor, and on the way I took White, who was one of a small crowd following, into custody—the prosecutor charged him at the station with pushing him down—White said he did not; he had not done anything—I searched him, and found on him in one of his pockets this small piece of chain, 1s. 6d. in silver, four cigars, and a wooden pipe—no charge but that of pushing was made against White.
Cross-examined. I can hardly say positively whether White was rising up from the man or from the side of the man—it was rather dark—Garnault Place is badly lit—all I saw was White rising from the ground—I held him there about five minutes—he had been drinking—he stood there two or three minutes before the prosecutor came up—I could have caught him at any moment—it is about one-third of a mile from the place I saw White to the Police-station—I arrested him forty or fifty yards from the
station—he had followed the prosecutor and prisoner—he has been out on bail since—the prosecutor spoke to me just before we were thirty or forty yards from the station—we were all close together—I don't know if the prosecutor could see White during the one-third of a mile—it was not after Davis sang out to White to get his hat that the prosecutor charged him with pushing him down—the prosecutor was at the station about twenty minutes—he saw them searched, and all that was found on them—he was about a yard off Davis when the money was found on him; it was put on the ledge of the inspector's desk, so that anyone could see the coins it was composed of—the prosecutor said the chain was his property; he did not charge Davis with stealing it—he did not charge Davis with stealing the 8s.—I first heard about the 8s. next morning before the Magistrate; all he said was he missed 8s.—he said he had lost the other money during a disturbance—he said he accused Davis inside of having his hand in his pocket, and when he came out Davis asked him if he charged him with it, and he said, "I do," and Davis struck him and knocked him down, and then he started to run away, and Davis and White followed him—he said there was a crowd of ten or twelve people when he came out of the beer-house—I saw a crowd a little distance away—the prisoners and the prosecutor were all under the influence of drink—the prosecutor did not show me a watch at the Police-station—I did not hear him tell the Magistrate that he had a watch and part of a watch and 10s. in his waistcoat pocket.
Re-examined. When I came up the prosecutor was on the ground about forty yards from the beer-house; the crowd had stopped just outside—I don't think Davis asked White to go to the station with him; I don't remember hearing it—White followed of his own accord, the same as the rest of the people.
JOHN SMITH (Policeman G 335). On the morning of 7th November, about half-past twelve. I was on duty in Gloucester Street, Clerkenwell—I heard a cry of "Stop thief"—I saw Davis without a hat, running—I ran after and caught him—I said, "What is the matter?"—he said, "I have had a fight with a man in Garnault Place"—I took him back, and on the way I met the prosecutor, who stated he had been knocked down and robbed by Davis and some other men—Davis said nothing—I took him to the station—I did not see White till I got to the station—Davis said nothing on the way to the station—I searched him there, and found on him a florin, 1s., 6d., 7d. in bronze in his left-hand trousers pocket, and this small piece of metal chain in his right-hand trousers pocket—the prosecutor charged Davis at the station with assaulting and robbing him of 1s. that he saw him take.
Cross-examined. I was walking in front of Jackson—a small crowd was following us—I first saw White going up the steps to the station; he was taken into custody then—Davis in no way called out to White or attracted his attention to my knowledge; it could not have happened without my knowing it—as far as I know White accompanied the crowd to the station of his own accord—I saw White searched; the prosecutor was standing three or four yards off—he saw the coins which were put on the inspector's desk—the assault the prosecutor complained of was a smack in the eye; he had a black eye—he did not tell me he had been playing and drinking in the public-house with the men, or that he had accused Davis of robbing him—he told the Magistrate he had a watch—he did not tell the sergeant
at the station he had one—he was drunk—he could have held another pint with difficulty—I cannot say another pint would have settled him—if he had been screaming out a song I should have taken him up for being drunk and disorderly.
Re-examined. He walked to the station, and seemed to understand what was going on there—he missed two half-crowns, a florin and a shilling—he did not say what money he had had altogether.
By the Jury. The prosecutor's eye was discoloured and swollen up; it looked as if it had been freshly done.
Davis, in his statement before the Magistrate, said he left home with two florins and a shilling, and that he spent some of it for drinks and cigars.
White received a good character.
Witnesses for the Defence of Davis.
ERNEST SALMONI . I am a compositor, of 129, Victoria Dwellings, Farringdon Road—on the evening of 6th November I was at the Champion Arms beer-house—about twenty minutes to nine I saw the prosecutor there—I know him as a man who goes about selling watches—I was at the beer-house till half-past twelve, when it was turning-out time—there were fifteen or twenty people there—the prosecutor was playing coddam and dominoes, and drinks and cigars were tossed for; the prosecutor took a very prominent part in it all—only White played at coddam with him—at closing-time, half-past twelve, the prosecutor was drunk—there were twelve or fifteen people outside—I heard the prosecutor accuse Davis of having put his hand into his pocket—Davis was arguing with him—the prosecutor said, "You have put your hands into my pocket," and he began to spar up to Davis—they got to high words, and then Davis apologised, and the police came on the spot, and I left—the prisoners were about half drunk—I did not see Davis give the prosecutor a black eye—I went to the station and told the inspector what I saw of the occurrence—I attended the Court next morning, and gave evidence to the effect I have now done—the police have known my name and address since then, and have had every opportunity of making inquiry about me.
Cross-examined. I was talking to people for the three and a half hours I was in the beer-house—I was mostly having teetotal drink, ginger ale—I was sober when I left—the prosecutor was drunk, and the prisoners about half drunk—the prosecutor could walk, but not steadily—they all came out of the house together—the prosecutor went to the end of the pavement—the prisoners went the opposite way to what I did—the prosecutor was not on the ground when the constable came up—I was there then—three other people were fighting, and several people were there.
Re-examined. Three or four people were within a few yards of the prosecutor—if the constable says the disturbance was forty yards away he is not correct—if the prosecutor says twelve yards he is correct.
By the Jury. I did not know the prosecutor's name before this; I had spoken to him previously about politics and other matters—he uses this beer-house—a night or two before he offered me watches in the house, and he said he was taken up and taken to the station at Deptford for offering a pawn-ticket in a public-house—I have seen him frequenting public-houses.
—no one was near where the prosecutor and White were—I saw other people forty yards away; I could not say whether there was any disturbance with them—I did not see Hawley there.
WILLIAM HAWLEY . I live at 10, Hans Place, Clerkenwell, and am a confectioner—I was in the Champion Arms three parts of this day—White's place is about 400 yards from this house; I am not in his service—I was there from ten to half-past twelve—I saw the coddam and domino playing—I saw the prosecutor there; he seemed a bit drunk, boozy—at closing-time I went outside—there were twelve or fifteen people outside, and directly I got outside there was a row—the prosecutor accused Davis of putting his fingers in his pocket—Davis said, "You are a liar; I did not do such a thing"—the prosecutor rushed at Davis with both hands; I saw the prosecutor fall to the ground—I did not see Davis strike him; he stepped on one side, and the prosecutor fell to the ground—I went to pick him up, and some man hit me in the eye; I turned round, and another man hit me in the same eye—there is a bit of a mark still—I fell to the ground, and there had a tussle with a man, while another man was waiting for me to get up—there was a general scrimmage; it was more of a lark than anything else—when I got up from the ground I saw the police come up—I walked to the station with White, who was taken into custody about forty yards from the station—I did not go into the station—Salmoni was there; he went in—I saw no attempt to rob the prosecutor, or on the part of Davis to put his hand in his pocket—we were all friendly together in front of the bar, chaffing each other and playing together.
Cross-examined. I was in the public-house all the evening—I had never moved out of it—I went in first at twelve in the morning, and was in and out till twelve at night—I do a bit of work for Mr. Blow, so I am allowed to go there; I did not have any money to drink—I was quite sober at twelve—I don't know why I got this black eye—I do not know what became of the prisoners when they came out; I was getting off the ground when the constable came—I did not see him come up to the prosecutor.
Re-examined. I clean Mr. Blow's windows and pots—I was at work for him then, and am now.
GEORGE KINGMAN . I buy some of my goods unredeemed from pawnbrokers—I do not go about selling them—I have been to several public-houses at Deptford, not selling tickets—on one occasion I did—I was accused on one occasion at Greenwich Police-court of assaulting the police—the Magistrate dismissed the case—the assault began with a pawnticket—Salmoni was correct.
NOT GUILTY .
GEORGE WESTWOOD (City Policeman 707). On Sunday night, 18th November, at half-past twelve, I was on duty in Fish Street Hill; very few people were about—a man passed and attracted my suspicion, and I tried the doors—I found the side door of the Monument Tavern unfastened—it is approached by three steps from the pavement; it was very dark there,
there was a shadow right across the door—I spoke to a police sergeant, and watched the door, and immediately I saw the two prisoners appear at the step of the door just by the entrance—I and the sergeant followed them a short distance; no one else was about then—we went up to them, brought them back to the tavern, and roused the house, and Mr. Preston came down—we found the office had been robbed—I said to the prisoners, "Where do you come from?"—Edwards said, "I come from Soho way"—Rogers said, "I have been to a funeral, and I have just met him at the corner of Fenchurch Street"—I turned out their pockets; Edwards had 2s. 10d. in bronze, a half-crown, three sixpences, a shilling and a foreign coin, and one cigar—I asked him where he got the coppers from—he said, "I got them by gambling"—I said, "Were you gambling with cards, or what?"—he said, "No, tossing in the street"—I found nothing on Rogers relating to the charge.
Cross-examined by Edwards. I arrested you forty yards from the public-house—you were walking very slowly—you made no statement to me outside the public-house—you did not point out an inspector going in another direction, and say I had better call him; he was present in the ordinary course of duty, and had nothing to do with this case—I took you into the public-house—you took the keys out of your pocket, I took the coppers out—as the coins lay on the counter the landlord, who was at a distance of two yards, identified the foreign coin, and said, "I will swear to that coin"—I did not put it in his hand—I did not hand it to the barman.
Cross-examined by Rogers. I have no doubt you came out of the house—I halloaed out afterwards to the sergeant, "Is that door still open?"—I did not say to the landlord, "Do you know that coin?"
By the JURY. When I saw the prisoners their backs were towards the entrance of the door—I saw the door was open three or four minutes before I saw the prisoners; immediately I had placed myself in a position to see the door the men appeared—I was watching about forty yards from the door, because I had no idea why it was open.
JOHN PEARMAN (City Police Sergeant 72). About half-past twelve on the early morning of Monday, 19th November, I was going my rounds; Westwood made a communication to me, and in consequence of it I watched the entrance to this house—I saw the two prisoners outside the door on the threshold—it was very dark; I could not see which way they faced—they walked down Fish Street Hill towards Lower Thames Street—I followed and overtook them in Arthur Street East—Westwood came down Pudding Lane and joined me—we asked the prisoners where they came from—Rogers said he had been to a funeral at Ilford; Edwards said he came from Soho—Rogers said he joined Edwards at the corner of Grace-church Street—we took them back to the Monument Tavern, and roused the manager, who came down—he searched the bar in the prisoners' presence, and stated about £1 worth of coppers were stolen, 1s. 6d. silver, a French coin, and a quantity of cigars—Westwood took 2s. 10d. in coppers from Edwards's side coat pocket, and then Edwards turned his pockets out—the things were laid on the counter—the manager identified a foreign coin, standing about one or two yards from the bar; he picked the coin up in the prisoners' presence, and said, "I will swear to that coin as lying in the bar on the till for a fortnight"—he told me about the moneys he had missed, and this coin, before it was produced—
Edwards took the coin, with other silver, from his trousers pocket—nothing was found on Rogers—next morning I examined the fanlight over the door—it is about two feet long, and opens to twelve inches at the widest part—a very small boy might squeeze through it—a person might have remained in the public-house and broken out afterwards.
Cross-examined. I followed you down the hill, and overtook you, I dare say fifty yards from the door—the door found open might be about six feet from the corner of the turning—I will swear you did not come round the corner; I was standing in Eastcheap.
Cross-examined by Rogers. I saw some people go up Eastcheap, not across it, towards Fish Street Hill—I was there when Westwood asked where you came from—all the assistants were found in the house.
HENRY PRESTON . I am manager to Mr. Gelling, who keeps the Monument Tavern, Fish Street Hill—on Sunday, November 18th, I went to bed about 11.30, after seeing the house securely fastened up—this side door was fastened inside with four bolts—I left on the till in the bar £1 4s. 6d. coppers, 1s. 6d. in silver, and a fifty-cent piece which had been there for a fortnight; there were a lot of cigars—about 12.30 I was aroused by the police—I came down and found the gas jet in the bar, which we leave burning all night, was out, and the door at the far end of the bar, which is left open for the police to see in, was closed—the policeman brought the prisoners in—I found the coppers, the 1s. 6d., and the foreign coin were missing, and in the office a lot of papers were thrown about—about eighteen sixpenny cigars had been taken from glasses in the bar—the side door was open—next morning when it was daylight I examined the fanlight over the door, and found traces of footmarks on the side, from the gaslight to the window ledge—it looked as if someone had helped a person up—I recognise this as the same coin that was on the shelf; I can swear to it from its general appearance—these cigars I know; they are two different sorts that we have at our place—we have some now just the same.
Cross-examined by Edwards. This coin had been in our possession for a fortnight, and I had become used to it—this is the only one I can remember taking—I called my assistants' attention to it, and told them not to take any more like it—my two assistants and my housekeeper recognised it some yards away—there is a mark on it near the nose of the face, a slight flaw.
Cross-examined by Rogers. I identified it at first by its appearance on the counter—I picked it out of the money taken from your pocket—I compared this cigar, and then said it was one of ours.
Witness for the Defence of Edwards.
GEORGE HARVEY . I am a seaman; I live at 21, Dyott Street, Russell Street—about four Sundays ago, on the 11th November, I gave you three small silver coins; one was an American ten-cent piece, a dime, one a fifty-centime French piece, and the other a five-cent Spanish coin.
Cross-examined. I said before the Magistrate I gave them to him about two weeks ago. (The words in the Depositions were: "I gave Edwards some foreign coins three weeks ago")—I have known him thirteen or fourteen years; he is not exactly a friend—I have been at sea—I was at home at Dyott Street on 18th November, between twelve and one—I showed him the coins and he said
" I should like them to put on my watch chain"—I said, "You can have them; they are no use to me"—it was on the 11th, four Sundays ago.
Edwards, in the defence, said he had got the coppers by gambling.
Rogers said he was coming home from Ilford when he met Edwards, and they were walking and talking together, and the policeman took them.
WAILING PLEADED GUILTY .
MR. LYONS Prosecuted.
CHARLES LAZARUS . I keep a refreshment-house at 51, Mansell Street, Whitechapel—between two and three on the morning of 2nd December I was called by the police—I came down and found the bottom part of the parlour window open and the place disarranged—three bottles of whisky and one of brandy of cigarettes, and a piece of lace were shown me at the station; I missed them from my house—at half-past twelve I had fastened everything up before going to bed—there was a children's cabinet in the room; the drawers were all open and the lace taken out—I identify these things as those I lost.
WILLIAM GLAZEBROOK (Policeman H 200). About 2.10 on December 2nd I saw the two prisoners with two other men standing at the top Mansell Street—I went up and wanted to know what they were standing there for—they walked away; I walked after them, rather sharp—I began to run and they ran—I followed Wailing, and when I got near him he threw two bottles away out of his pocket; these (produced) are the fragments.
JOHN HOWARD (Policeman H 93). About twenty minutes past two on the morning of 2nd December I was in Halfmoon Passage, Whitechapel—I saw Smith and another man walk out of Great Alie Street into the passage—I heard a whistle blow, and immediately Smith and the other man ran; I followed—Smith was caught by another policeman before me in Commercial Road, after having run through three streets; as I pursued him he threw a bottle of whisky away on to the pavement; these are the fragments (produce)—he had this box of cigarettes in his hand when he was caught—I sent him in the custody of two constables to the station, while I proceeded after another man who got away—I searched Smith afterwards at the station, and found on him this piece of lace and this knife in his right-hand trousers pocket—the lace the prosecutor identified as his property.
RICHARD THRASHER (Inspector E). I charged Smith at Leman Street on 2nd December—the constable told me in his presence about this box of cigarettes, and Smith said, "They were given to me by Bill Hughes at Bishopsgate"—I asked him where Bill Hughes lived—he said he did not know—he was searched, and this knife was found on him—I found this blade was blunted and broken as if recently done—I told him of it; he made no reply—I west to 51, Mansell Street; I found the catch of the window had been pushed back, and there were marks, which I compared with the knife, and found were such as would be caused by the catch being pushed back by the knife—I had the prisoner brought out
of the cells in the morning and told him—he said, "Is not the other blade blunted as well?"—I opened the other blade and pointed out to him that it was not.
SMITH, in his defence, said he had a drop of drink at the time.
GUILTY . SMITH*— Six Months' Hard labour. WAILING— Judgment Respited.
OLD COURT.—Thursday, December 13th, 1888.
Before Mr. Justice Hawkins.
102. CORNELIUS SULLIVAN (26), WILLIAM LAURENCE (23), and JOHN LYNCH (22) , Burglariously breaking and entering the dwelling-house of Harry Nelson Bowman Spink, and stealing three coats and other articles, postage stamps, and £4 money.
MESSRS. CHARLES MATHEWS and BODKIN Prosecuted.
WILLIAM JOSEPH TILLOTT . I am assistant to Mr. Spink, a chemist, of 3, Marsham Street, Westminster—I do not reside on the premises—a constable named George New and his wife live there, and occupy rooms above the shop—on Friday night, 23rd November, about half-past ten, I shut up the premises securely—about eight next morning on going there I was spoken to by Mrs. New—I then examined the premises, and found that the lock of a desk at the end of the counter had been broken open—some jewellery and a gold watch, value about £20, was in that desk, and was not taken—it could not be easily seen—the shop is also used as a post-office, and at the back of the shop there is a warehouse with a glass roof—I noticed that the glass had been broken large enough for a man to get through—under the hole there was a ladder not belonging to the premises—on further search I missed three coats and a mackintosh—two of the coats had been hanging in the shop the night before, and the other two in the sitting-room—these (produced) are three of the coats, the mackintosh I have not seen since—these boots had been in the sitting room—I also missed £3 or £4 worth of postage-stamps, and about the same amount of money—I think I have seen Laurence and Lynch before, loitering about in Marsham-street, but I am not sure.
HARRY NELSON BOWMAN SPINK . I am a chemist and postmaster of 3, Marsham Street, Westminster—I reside at Wandsworth—on Friday night, 23rd November, I left these three coats hanging in the sitting-room, a white handkerchief was in the pocket of the black coat; this is it, it has my name on it in full in my daughter's writing; there were also in the pocket of one of the coats these two cards and a number of papers—the mackintosh was hanging in the shop—these boots are mine; they were under the sofa in the sitting-room—this glove is mine, and was in one of the coats; there were two of them—I left the premises between five and six; these things were all safe then—next morning I returned to the premises about ten, and besides these things I missed some postage stamps and money.
by a sort of lumping noise downstairs as if something dropped—I got up and looked at the clock, and spoke to my husband, and then went to sleep again—we did not go down—I woke again at five, and got up at seven—the house was perfectly safe during that time—when I got up I found the hole in the glass roof—as soon as Mr. Tillott came I told him about it.
Cross-examined by Lynch. I had seen you with two others loitering about several times in the evening, after the shop was closed, watching the house.
JOHN MCCORMACK (Policeman M 355). On Saturday morning, 24th November, about half-past eight, I was with Tredger on duty in the Old Kent Road, and saw Laurence and Lynch going in the direction of the Elephant and Castle; Laurence was carrying a brown coat on his left arm—after they had passed, Lynch's outer coat was blown aside, and I saw that he was wearing three coats—we followed them; they went into the Dun Cow public-house—in two or three minutes they came out—I asked Lynch what he had about him—he made no answer—I told him he would have to accompany me to the station—he said, "God blind me, you don't take me"—he became very violent, threw me to the ground, and kicked me about the stomach and legs—after a severe struggle I overpowered him—I took out my whistle, assistance came, and we conveyed him to the station—he was searched—he was wearing these two coats, an overcoat and a jacket—this handkerchief was in the pocket of the black coat, and a glove—Lynch was wearing these boots—three boxes of matches were found on him—the inspector asked where he got the coats—he said, "From Ben the Jew in Petticoat Lane"—Laurence walked quietly to the station.
SAMUEL TREDGER (Policeman M 357). I was with McCormack—I took charge of Laurence; he went very quietly—on the way to the station George Wood handed me a little paper parcel—I opened it at the station; it contained a knife and eleven keys, one in the shape of a skeleton—the wards had been filed away; when arrested he was carrying on his arm this brown coat with a velvet collar, which Mr. Spink has identified—on my questioning him as to having so many coats, he said, "All right, guv'nor, they are my own."
GEORGE WOOD . I live at 29, Drapers' Road, Bermondsey—I saw the last witness taking Laurence to the station with an overcoat on his arm; I saw him drop this brown paper parcel into the gutter—I called the constable's attention to it, and gave him the parcel—further on he dropped another little parcel, which I also picked up and gave to the constable—that contained smaller keys.
JAMES BUCKSTONE (Policeman P 211). About one o'clock on Saturday morning, 1st December, I was in Peckham Park Road—the prisoner Sullivan came across the road and said to me, "I want to give myself up for burglary"—seeing he was under the influence of drink I asked him if he knew what he was saying—he said, "Yes, well"—I said, "Well, I caution you, you can say what you like, I will take you to the station"—going along he said, "Two chums of mine done a job at Westminster at a doctor's shop, and they will be at Southwark to-day; we got a lot of stamps and coats, and you may as well have me as anyone else"—some two hours after at the station when he was sober he repeated the statement
—it was taken down, he signed it, and it was handed to Sergeant Waldock.
GEORGE WALDOCK (Police Sergeant A). On 28th November I went to Mr. Spink's shop with this knife, and compared it with some marks on the library window leading from the warehouse—it had been recently painted, and I found similar colour on the knife—on 1st December, about 8.30 a.m., I was at Bermondsey Police-station, when I saw Sullivan—he said, "Good morning, Mr. Waldock"—I said, "I understand you have given yourself up for being concerned with Lynch and Laurence, in custody, for breaking into Mr. Spink's shop in Westminster last Saturday morning"—he said, "Yes, it's quite right; I knew I should be lagged sooner or later; I knew you would have me, I thought I would give you no more trouble; I have been miserable ever since; we were all boozed when we done it"—as I took him to the Westminster Police-court in a cab, I said, "Well, you seem pretty candid about the matter, where is the other property? where are the stamps?"—he said, "I had no stamps; all I had was the mackintosh; that I sold I don't know where"—there was a written statement by Sullivan which was handed to me by Buck-stone; I handed it to the Treasury.
The prisoners Laurence and Lynch, in their defence, denied committing the burglary, and stated that they bought the coats and boots of a Jew for 9s.
Sullivan stated that he was drunk when he made the statement to the officers, and was suffering from delirium tremens.
Laurence PLEADED GUILTY to a conviction of felony at this Court in July, 1885, and Lynch to a conviction at this Court in March, 1886. LAURENCE— Five Years' Penal Servitude. LYNCH**— Eight Years' Penal Servitude. SULLIVAN— Fifteen Months' Hard Labour.
NEW COURT.—Wednesday and Thursday, December 12th and 13th; and
OLD COURT, Friday, December 14th, 1888.
Before Mr. Recorder.
MR. BESLEY Prosecuted.
WILLIAM ARTHUR HEWLETT . I am chief clerk to George Taylor, who trades as A. and G. Taylor, photographers—the prisoner became their canvasser and collector for the Thames Valley district at the end of March—his duty was to canvass for orders for people to have their photographs taken at our place, and to collect the money weekly—he had previously travelled in the same district for drapery on his own account—our system is 1s. a week, and when half is paid we allow a sitting, but do not deliver the photograph till the whole amount is paid up—he had a book of forms like this (produced)—each set of three has a distinct number; one receipt is given to the customer, the other is the order which is sent to us, and the inner counterfoil he had for his own information—we paid him 5s. commission on each good 30s. order, and 10 per cent. on the cash he collected—for 21s. orders he had 15 per cent., and 10 per cent. for collection—he sent us orders up
to the end of August—Mr. Lee made a discovery, and went down, and a few days after that the prisoner was dismissed—he had up to that time sent out 575 forms—he accounted to me the first week for 13 orders, and afterwards to Mr. Lee—one was a 21s. and all the others 30s. orders—Lupton, of the Waterman's Arms, Richmond, was the 21s. order, on which he represented that Mr. Lupton had paid 2s.—at the same time he presented an order of Mrs. Mala, of Tapestry House, Mortlake, and represented that she had paid 2s., and when it was wholly collected he would be entitled to 5s. on it—I believed the other orders were genuine, and paid him 5s. each on them on 21st July—here is a 30s. order from Mr. Brown, of 6, Carlton Street Road, Richmond, and another order from Mr. Warren, of 4, Cambridge Park Mews, Richmond, and another from Mr. Burk, care of Mr. Bullock, Railway Hotel, Twickenham—there are four orders all purporting to be Warner's, and two from Mr. and Mrs. Batt, of Heath field Road, Twickenham; one from James Cross, 6, Rosedale Cottages, Richmond; four from George Conquest, 5, High Street, Handcroft—there are several orders in the same name, because if I had a family and wanted my daughters photographed, I should give them in their own names—here are three orders in the name of F. Barr, Catherine Road, Twickenham; and three for another Barr, of Twickenham; two for Braithwaite, 10, Charlotte Road, Twickenham; eight for Margaret Spanwich, of Mortlake; two from James Potter, of Mortlake, and two for James Slater, Potter's Cottages, Mortlake, all in the prisoner's writing—he handed them to us—about fifty of them were genuine—on 11th August here are two orders purporting to be Blay's, a baker of Twickenham, and six in different names to the care of Blay; two to George Driver, Slater's Gardens, Twickenham; and eleven others at George Driver's address—I have eight orders to the care of Cheap, and two to Cheap himself—here is one order to J. Marlow, and two to Mrs. Marlow, of Tapestry House, Mortlake—one is for Bright, to the care of Blay, and a collecting-card was sent for that—when I got the orders I gave a collecting-card, which Ginger initialed when he took the money, and on this card he has accounted for 17s., 15s., and 2s.—he got the value of 5s. on each 30s. order, either in money or account—when he came on Saturday I handed him over to Mr. Lee, after which I scrutinised the account, but not always, and allowed him 5s. on each new order, and in that way he has obtained from me 5s. on each of the orders proved—I wondered to see so many orders in the name of Blay—he said Blay was a baker, and allowed him to go round in his cart, and introduced him to his customers, and after that the collecting-cards were sent to Blay's address; that was considered a good idea of his, and I advised him to keep it up, as he was known in the neighbourhood, and could do that with many of the tradesmen—when he was putting his own address for the cards to be sent to, he said that they were his own friends, or persons who did not like a collector to call, who were to pay at his house.
Cross-examined by Prisoner. After I spoke to you you showed me and Mr. Lee the round, and the places where you got the orders—I went with you to Hounslow Barracks, with a man to canvass for customers—that was the first day we discovered what you had done—we went to your guarantee—you said you could get eight customers a week to make up for what you improperly had, and I said I would lay it before my principals—I did not send you this book as late as September 15th—Mr. Lee
reported that you took him to a fresh customer and got a 30s. order—you could take orders on a cab-rank or at the corner of a street, so long as they were genuine—we had no objection to your employing a person to canvass, if you were responsible—one man wrote to us for 8s. commission—the order was made out and signed by you, and we did not know who took it. JAMES IRVING LUPTON. I am a veterinary surgeon, of the Vineyard, Richmond—I know the Waterman's Arms, Richmond, but I did not give this order or pay the money—I do not think there is another Mr. Lupton in Richmond.
HENRY STILL . I keep the Waterman's Arms—I paid a shilling and gave an order, but it had nothing to do with the prisoner, I do not know him—it is two or three years back—I only know Mr. Lupton by name.
W. A. HEWLETT (Re-examined). On this order, 26,203, the prisoner has written "Lupton, veterinary surgeon, Vineyard, Richmond"—he has put down 4s. as if it was a genuine order; 1s. each week, and has gone on putting in false orders afterwards, so as to cover it—he has never paid us one halfpenny of it.
Cross-examined. It was a 21s. order—3s. 2d. commission was due to you on it—if a customer joined and did not go on; you had to forfeit the commission.
CATHARINE MARA . I am single, and live at Tapestry House, Mort-lake—I know the prisoner—I never gave him any orders for photographs for Taylor's, or paid him any money—cards came addressed to me and I gave them to the prisoner—I know nothing of this order—there is no Mrs. Mara.
Cross-examined. You used to call on Saturdays to ask for the cards—we did not know what they were—you did not ask me to take the money off—my sisters and I are the only persons living there.
MARY BANWELL . I am a sister of the last witness, and live with her—my husband is dead—I knew the prisoner travelling in the drapery trade, and have dealt with him—he asked me to give him an order for a photograph—I said I could not afford it, and I never paid him for it, but on the 8th August two packets of cards came—I asked him to take them away or I should return them—he asked us to keep them—Mr. Taylor's name was on them—they were given to Mr. Lee when he came.
Cross-examined. I used to cook your dinner for you on Saturdays, when you called—it is not true that you used to put a shilling on the card, instead of paying for your dinner.
W. A HEWLETT (Re-examined). This "Marlow, 1, Tapestry House, Mortlake," is in the prisoner's writing.
FRANK BARR . I am a carpenter, of 5, Catherine Road—I did not give the prisoner an order for a 30s. photograph to be done at Taylor's, or pay him any money—some cards came for me, and some for my sister, who put them in the fire—I met the prisoner afterwards, and he said, "Don't look round"—I said, "What for?"—he said, "That man behind has been and rounded on me"—I said, "Why?"—he said, "Don't look round; it will be all right; a collector will be down to-day"—I said, "What has that to do with me?"—he said, "Look here; I will go and
get the cards, and will give you 1s., and you pay the collector"—I had my own card—Mr. Lee called, and I paid him the 1s., and Ginger paid 1s. out of his own pocket for Smith in August—Mr. Lee is not the person who was there when he told me not to look round.
Cross-examined. There were five cards; when you took the 1s. off the card there were three cards on the table.
EDWARD LEE . I remember going to Barr's house—he paid me 1s.—I don't know whether I marked it on the card or whether Ginger did—I believe it was July 7th—it was the first time I went—there was no conversation about it between me and the prisoner on that occasion—there were three cards.
JAMES BLAY . I am a baker, of Second Gross Road, Twickenham—on 10th August I went to a public-house in Brentford with the prisoner—he asked me if I would mind his sending a few cards to my house—I said, "No"—that was on Friday, and on Sunday some cards came, and after that another lot—he called for them on the Wednesday, and took them away—he did not ask me for an order for a photograph, and I never gave him one—he did not go round in my cart to be shown my customers, and I know nothing of any orders.
Cross-examined. You asked me to join, but I did not, and I never received anything—I did not accept the first shilling—you gave me one of these forms.
MARY SPANSWICK . I am the wife of George Spanswick, of Mortlake—I promised the prisoner an order for a photograph; I cannot say when—he never called after that till a young canvasser from Taylor's (not Mr. Lee) called about three weeks after, about my coming up here—I have never paid anything.
Cross-examined. You asked me to join; I said I had no money, but if you paid the 2s. I would pay you; you did not call again.
W. A. HEWLETT (Re-examined). This entry "Braithwaite, 10, Shirland Road, Twickenham," in the prisoner's book is not his writing; it was copied in the office from an order in his writing—we cross it off with red ink when we enter it up in the ledger—he pretended to have got 3s. on each order from Braithwaite, 6s. altogether—he pretended to have got 4s. from Mr. Spanswick, 2s. on each of the two orders—the dates are June and July.
JAMES POTTON . I am a labourer of 2, Vineyard, Mortlake—the prisoner asked me to give him two thirty-shilling orders for photographs—I said it was no use, I should not be able to keep it up—I paid him nothing—two collecting cards afterwards came to me from Messrs. Taylor which I burnt.
JANE STARKEY . My husband is a labourer of Potter's Cottage, Mort-lake—I know the prisoner well—he asked me to give him an order for photographs—I said I could not afford it—I never gave him one or paid any money—he gave me two pink papers, which I destroyed.
Cross-examined. You put the pink papers on the table and said, "I will give you these just to make a start"—I had some cards sent from the office.
Re-examined. He never asked me for any money after I said I could not afford it—he called after with tea, but he never mentioned the photographs.
GEORGE DRIVER . I keep a general shop at Station Cottages, Twicken-ham—the prisoner asked me to try and get some orders for photographs for him, and I laughed at him—I never gave him these twelve orders for photographs, nor did I give him the names of eleven persons which appeared here—I never paid him any money—a packet of cards came, which Mr. Lee took away.
Cross-examined. You gave me a cheque-book and asked me to get orders—you left a photo in my shop which is there now.
GILBERT COURT . I keep the Grey Horse, Richmond Road, Kensington,—I know the prisoner as a customer—some little time ago he showed me a card purporting to be Mr. Wright's card, and said that it was paid up—it has on it "1s. 1s. 28s. H. Ginger"—he said 2s. had been paid on it, and he had paid the 28s. on it for Mr. Wright, who had thrown it on his hands—he offered it to me for a sovereign—I refused, and he offered it for 15s.—I refused, and ultimately bought it for 10s.—I parted with my money, believing I had a right to have the photographs—he did not call after.
EDWARD LEE (Re-examined). I am clerk to Mr. Taylor, under Mr. Hewlett—I sometimes went through the book with the prisoner, and he would ratify the account—on, I believe, 2nd July, I went to test his round; he took me to several customers—I got a shilling from Barr on that occasion—I don't know whether I signed or whether he did—I did not know that he had supplied the shilling to Barr—I thought it was a genuine order—I went again the middle of August—Mr. Hewlett had written to make an appointment, and I sent a telegram overnight to make sure: he was not there, and I had to make another appointment; and when I went I saw his mother—I then called on Mr. Blay—till then I thought the orders were good—I went to Driver's the same time, and to a third place—on the next Saturday I saw Ginger, and in my presence Mr. Hewlett told him what I had reported—he said all the orders were genuine—I went round with him the next week, and found that a number of addresses in his book were correct, but in the majority of cases no order had been given—in one case he had put eight orders down to a man at Isleworth—I saw the man, and he said he had only given three—I said to Ginger, "How do you account for this? here are eight here; are they false?"—he said, "Yes"—I pressed him to go to Norbiton, as eight or nine orders were given there—he said, "It is no use going there; only two orders are genuine"—I said, "Are the others false?"—he said, "Yes"—Child, the plaintiff's officer, and I went over the ground again to all the people whose addresses we had, and out of the 375 orders not more than 50 were genuine—Child looked at the Directory, and could not find Carlton Street Road, and while we were looking at the list Ginger came up and spoke to us, and Child asked him where Carlton Street Road, Richmond, was—he said he did not know it, and could not direct us—I sent a letter there by post, and it was returned marked "unknown"—I did not get a shilling at Tapestry House—"Marlow" should be "Mara"—neither of the three ladies living there paid a shilling in my presence.
of July week—I tested 35 orders, and none were genuine—12 were at Gloucester Villas, Twickenham; that is his own address—I was at Kew, trying to find Carlton Street Road, when he came up, and I asked him to direct me—he said he did not know it, and as far as I know there is no such place—I went to Mara's house and Warner's and Bush, and found them bogus—I have not seen Mrs. Cheap here; I saw her on Monday—I made inquiries there, and found they had given one order and he sent them two, and afterwards some cards came which were given to me—I took him in custody on 13th September, and read the warrant to him—he said, "Yes, that is wrong."
Cross-examined. I went to the Plough at Kew, and the landlord had left, and two or three landlords had been there since—I also saw the landlord of the Plough at Brentford—neither of them knew you.
W. A. HEWLETT (Re-examined). As to transferring a card, any person who presented it would get the value, if it agreed with our books—the prisoner only paid 17s., not 30s.—no money passed between us—he made out his bill for commission, and presented it to the cashier, and he had a slip given him, showing the amount of the collection—he has obtained more than £50.
Cross-examined. The last sixteen orders we have not paid you for, because we knew they were not good—4s. is not due to you on each of those orders, because they are not genuine—we always allowed you to keep the money you collected—we pay after the second shilling is paid.
Re-examined. We agreed to pay him on orders which he had received the second shilling on, from an actual person—not one of the last sixteen orders is genuine—he was asked each Saturday if he had received the second shilling on each.
By MR. BESLEY. I had not authority from Messrs. Taylor to compromise matters with him—he said that there was an actual person who paid a shilling—I did not at that time know the extent of his misconduct.
The Prisoner, in his Defence, stated that it had been his practice to pay the first shilling for most of the new customers to induce them to subscribe, and was out of pocket by it, and that he also employed an assistant, and paid him; and that when he found the payments were not kept up, instead of refunding the money he had received, he offered to replace the bad orders with good ones, to which Mr. Hewlett agreed, and that Mr. Taylor had asked his mother, who was his security, to mortgage her furniture to pay him. He called,
GEORGE TAYLOR . I did not go to your guarantee, Mr. Lovell, and ask him if he was prepared to pay £25—I sent for him, and told him your position—he said he was out of work, and I said he ought to be ashamed of himself to become guarantee—I had made inquiries at first as to his solvency—I did not speak about your mother keeping a school, or say anything about her mortgaging her furniture—I did not say, "Your mother would rather see you go to prison."
GUILTY . — Six Months' Hard Labour.
. MR. BESLEY and MR. MARSHALL HALL Prosecuted; MR. HORACE AVORY and MR. ARTHUR GILL Defended.
CHARLES L'ENFANT . I am an official of the London Bankruptcy Court—I produce the file of proceedings in the bankruptcy of Jane Levy—the petition, dated April 23rd, is filed by the bankrupt herself, and the receiving order is dated the same day—on 25th March she was adjudicated bankrupt—the gross liabilities are £2,759 10s. 5d., of which £1,176 7s. 4d. are expected to rank against the estate—the total assets are £217—Cottee is returned as a servant, for £21, for seven weeks' wages—the deficiency is £998 17s. 4d.—Mr. Hasluck was appointed trustee on 28th May—there is a document on the file signed by him—the bankrupt was examined on 21st June—there was a private examination on 11th July, at which Solomon Levy, Jane Levy, and Cottee were examined—among the liabilities there is £1,373 3s. 1d. on some promissory notes, and there are some notes signed by the bankrupt with regard to her, due as to her liability under the claims—Mr. Louis Levy, of Brunswick Square, is returned as a creditor for £633 13s. 1d.—£300 is due from Mr. James Armedix; that is disputed altogether, on the ground that it was money lent to Mr. Louis Levy—the whole assets returned are £87 for the stock-in-trade at 265, Pentonville Road, £10 for trade fixtures and utensils, and £40 for household's furniture, and £80 with respect to pictures at Bedford Place.
Cross-examined. At least £1,663 of the debts set out are disputed by Mrs. Levy—£1,363 is on the promissory notes, and, in addition to that, there is £300 alleged to be due to Mrs. Armedix; that is disputed altogether—the total amount of trade debts, apart from these liabilities, is £149, out of which Cottee appears as a creditor for £30 for money lent, and Mr. Sear as a creditor for £84; he is a partner of the trustee—Mr. Buck is a creditor for £20; Sear's debt is for goods released; I cannot tell how that was contracted—the two defendants were examined on 11th July—the bankrupt passed her public examination on 26th July.
ALFRED GEORGE MILLS . I am a porter, of 28, Pentonville Road—in 1887 I was in the service of Louis Levy at 265, Pentonville Road—Miss Levy, the defendant, succeeded to the business in 1887, I believe; it was a clothing and outfitting business; they dealt in ready-made suits of clothes—there was another business carried on by Louis Levy in Upper East Smithfield—when Miss Levy succeeded to the business I entered their employment—before that she managed the business for Louis—Cottee was in their employ as a cutter—Solomon Levy was engaged in the business at East Smithfield, and a boy named Evans—I remember a writ being served on Miss Levy—she said she should not pay a penny of it—on Saturday, 22nd April, Cottee asked me to go to Pentonville Road on the Sunday—I did not go there as a rule on Sunday, but I arrived there at nine—the shop was not open—Cottee let me in—Miss Levy was there during the day—I had my breakfast—I was in the cutting-room with Cottee some time at the back part of the shop—he told me to pack up goods—he took a piece of chalk and marked a lot of them—some were
in the cutting-room and some in the shop—I had to carefully brush them and pack them—while I was doing so I saw both Cottee and Miss Levy—I packed up ready-made suits and all the best black morning coats and waistcoats and overcoats—they made five parcels; it took me all day to do it, from nine till nine—I packed them in brown paper—the value of them was about £100—Cottee told me to get a four-wheeled cab and take the things to his mother's—I did so—I put the five parcels I had packed in the cab roughly, and they filled it—I rode on the box to 28, Pentonville Road, where I live with Mrs. Young; I went up to my room—a young man and young woman were sitting there, the woman was a servant of Miss Levy's—we then went to 15, Greenwood Street, Mile End, where Mrs. Cottee, the prisoner's mother, lived—Miss Levy heard Cottee tell me to take them there—we got there about 9.30—it is a private house—I saw Mrs. Cottee—I took the goods out of the cab to the first floor back, and then went back home—I paid the cabman; Miss Levy gave me the money—next day I saw Cottee at the shop, he asked me if it was all right last night, I said, "Yes"—he said, "Hold your noise, and take no notice"—I had 12s. a week wages from Miss Levy, and my board; I had to find my own lodging—a few days after this, the goods which I had taken to Mrs. Cottee's were removed to Johnson's, "The Little Wonder"—Cottee sent me there; it is a chandler's shop—Cottee was with me—he slept at King's Cross that night—I went with him one night and slept at Mrs. Cottee's, and next day I removed the things from Johnson's—I went to the Sovereign Hotel, Mile End, that night with Cottee—he hired Godfrey, a cabman, and told him to be round at Greenwood Street at seven next morning—he did not get there till about eight—I was there when he arrived, but Cottee was not—the goods had then been removed to Johnson's—I directed the cabman to go to Johnson's; he drove there, I walked—I went up stairs, fetched the things, and filled the cab—I had directions to go to Cottee's, and to get off the cab on the hill before I got to the shop—Johnson went in the cab with the packages—I got off the cab on Pentonville Hill—the cab went to the shop, and I walked up and found Cottee and Johnson unloading it; that was about three weeks after the things were first taken away—the goods were taken to the first floor—Cottee went up and down, and used them as he wanted them—I do not know whether he had bought the business at that time—at the end of June Cottee asked me if I should like a holiday—I said, "Yes," and I went to Ipswich, where my home is—during that time I received 15s. a week wages—I was there not quite five weeks; all that time my room at Mrs. Young's was going on—no claim has been made upon me for that; the rent has been paid by somebody—prior to April it had never been paid by anybody but myself—I came back from Ipswich on the Wednesday before the August Bank Holiday—I wrote this letter to Miss Levy at 265, Pentonville Road. (This requested Miss Levy to send him his last week's money, and a week for notice; it was signed "Walter ")—my name is not Walter, but they used to call me Walter—I wrote that letter on the Friday or Saturday before Bank Holiday—I only wrote that one letter to her—this is the envelope (This was stamped 4th August.)—I got no answer, and on Saturday night I called—Winton, the doorsman, sent me my wages while I was at Ipswich—on my return from Ipswich I went to Miss Levy, and she said, "Keep yourself quiet; not that you can do me any harm"—she also told
me to get a place for a week or two, if I could, because things were not exactly settled, and she would write and let me know when to come back—I saw Cottee the same night—one of Mr. Buck's men was there; he is a creditor—I went away, and later on in the same week I saw Cottee at the shop door—he said, "Get it"—I did not get my wages—before I went to Ipswich Cottee said to me, in the cutting-room, "If you get asked about our business you must swear white is black, and black is white," and he told me not to say anything about the removal of the goods, but if I was asked, to say they were his boxes—I know Peacock, a clothier in Commercial Road—I was sent there sometimes—Cottee sent me there on 14th April to fetch either the clothing or the money; I fetched six parcels of clothing; they formed part of the goods which were afterwards removed to Mrs. Cottee's—they were taken upstairs and re-packed, and some more put with them, and they were taken away in a cab by Cottee and Miss Levy—that was before 22nd April—on that day I saw the goods in the back room—they were removed to Johnson's with the other goods, and they were all taken back to Pentonville Road—when I came back from Ipswich the name of Cottee was on the door as the proprietor of the business—Mrs. Young has a little boy named John—I gave a statement to Mr. Hasluck before I gave my evidence at the Police-court—I have seen Cottee in the possession of money—he showed me about £50 one morning, which he had in a bag—that was before the 22nd April—he said, "That is the money I am going to buy the business with"—I said he was lucky—he said he could not see any luck attached to it; it was Miss Levy's.
Cross-examined. I never had any feeling towards Cottee except one of regard—I have always liked him—I have been angry with him for the way in which he treated me—he sometimes treated me badly—when I came from Ipswich he was the master of the place—I did not ask him to continue me as servant—I asked him for my wages, and he refused to pay me, and sent for a policeman—he asked me to walk out, and I did—I was not particularly angry with him for that; several things made me angry when I was working with him—he used to treat me shabbily sometimes—he has not threatened to discharge me, or to get me discharged for drunkenness, nor has he complained about drunkenness—I have never been drunk when there—I did get drunk through him; but there was no complaint—that did not make me bear any ill-feeling towards him—William Flowers went with me in the cab—I have seen him since—I did not tell him that I would not mind doing six months if I could get Cottee locked up—he is a friend of mine—I have had no quarrel with him since this—I was in Louis Levy's service, and his sister's—I heard that he was in difficulties, and knew that she was going to have the business; there were executions on the premises—I did not know that Messrs. Lewis and Lewis were her solicitors—after she took over the business, Louis Levy never came there; I swear that—I have seen him about King's Cross, over against the bank—he did not come there every day; I very rarely saw him—I never heard a disturbance between him and his sister—I never heard of his coming there and asking her to pay him money; I know they were not good friends, because I heard her say so—I do not do anything now—I have seen Louis Levy lately—I have not been in constant communication with him from the moment this charge was first made—I have not been in any employment since I left Pentonville Road—my landlady, Mrs. Young, has been keeping me; Louis
Levy has not given me any assistance—I have seen him, and talked to him—I have not been with him frequently—I have more than once; it may be two or three times—I have not been with him trying to get up evidence against the prisoner—I knew Charles Morris; he was stock keeper and salesman—he knew all about the premises—I have seen him with Louis Levy—I stood outside, and did not hear what they said—I did not know that I was going there to see whether Morris would give evidence—I went with Louis Levy to help to find a cabman; he said he wanted me to identify him for this case—I did not ask Winton before I went to Ipswich to send me money—I had not borrowed money of him before I left—I did not ask him to pay the rent of my lodging, or ask him for money, promising to pay him back when I got a situation—I had been to the premises before on a Sunday—Miss Levy is a Jewess; Cottee is not a Jew—I had never before assisted Cottee the cutting-room on a Sunday, I helped him to do a bit of carpentering one Sunday—I got there about nine on this Sunday morning; he let me in; Ellen Pearson did not; I swear she did not—it was not between ten and eleven before I arrived—I had breakfast in the kitchen after I arrived—I had not been there earlier in the morning for breakfast—I did not tell Ellen Pearson that I was going to pack Cottee's things out of the way of the whitewashers who were expected to come next day—I went to the Bell public-house in the middle of the day—I did not remain away many minutes; not till three o'clock—I was not the worse for drink when I got back—I had dinner in the kitchen—I did not lie down there—I told Pearson that I was going to take some goods from the shop, and offered to take her with me, and I called for her at my lodging at a few minutes past nine—I will swear it was not seven—it is not the fact that some parcels were put outside the cab when we went away; they completely filled the cab—when I got to my lodgings I repacked them, and that enabled me and two others to get in—I piled them to the top of the cab inside, and the cabman told me to be careful of his windows—we could not all three sit, there was not room; we did not stand, we squeezed—Flowers was there, and he was squeezing too—none of us were sitting; we all three stood on the bottom of the cab, and the parcels were all round us—I did not say anything at the Police-court at the first hearing about any person riding inside the cab—I said, "I sat outside with the driver, the cab being full, and we drove to Cottee's mother's house," I sat inside as far as my lodging—when I delivered the parcels, I did not say anything about the whitewashers coming; they were not coming; I never saw them, and I never heard of their coming after the things were removed—they had been there before, but had not finished—I did not know that they were expected back—I said at the Police-court, "Cottee did not tell me to say that the whitewashers were coming next day; they were Barr's workmen; I did not remark any whitewashers at the shop next day, Monday; I will not swear there were not whitewashers there on Tuesday"—Cottee had a number of cutter's patterns belonging to him; he resided on the premises, and had his things there; he worked in the cutting-room—when I took the things to Johnson's, Cottee was there—I did not tell Johnson at any time that the parcels were Cottee's wardrobe—since the prisoners were committed, I did not get drunk, and go to the premises and make a disturbance—I was brought up at the Police-court for making a disturbance, but I was
quite sober—Cottee was standing on the path as I went by, and he came behind me and struck me unawares, and two policemen took me, and the Magistrate fined me for being drunk—my landlady paid the fine; Louis Levy did not; he was in Court.
Re-examined. Cottee did not give evidence against me on that occasion, only the two policemen—I do not know who gave me in charge—it certainly was not Cottee's wardrobe which I took—I remember the whitewashers coming to the house before April 22nd—I think they finished work shortly before Good Friday—Cottee did not remove his wardrobe on that occasion—Miss Levy filed her petition on the Monday—there were no whitewashes there then—Flowers, Ellen Pearson, and Morris were all there—Flowers lodges with me now—I have not seen Winton lately—when he sent me money he wrote me letters—these (produced) are some of them—Barr was the man who did the whitewashing.
Thursday, December 13th.
LEWIS GRAND . I am a cab-driver, No. 353, and live in Henry Street, Pentonville—on a Sunday evening in April, at nine or a little after, Mills called me off the rank; I don't know which Sunday it was—he got into my cab, a four-wheeler, and I took him to 265, Pentonville Road; he got out there, went in and put some parcels, I don't know how many, into the cab, while I stood at my horse's head—we then drove to Pentonville, a few doors from the Angel; he said he lived there, and wanted to stop there a minute—a young man and woman got in there; he put the things in the cab, and I asked him to be careful not to break my windows—we then drove to Greenwood Street, Mile End—we got there about ten; on the way I left the young man and woman at the London Hospital—Mills got out at Greenwood Street, and took the things into the house—I saw nobody—he paid me 3s., and I drove away.
Cross-examined. There were five or six parcels, middle sized—I did not handle any of them—they would contain a suit of clothes—the people were all sitting in the cab together, and the packages were put on the front seat—when we got to the house, Mills took the parcels out—he went a little way into the passage; he could not have gone upstairs—Mr. Levy asked me to come and give evidence.
Re-examined. I was bound over before the Magistrate—the house in Greenwood Street was a small private house, about two storeys high.
JOHN YOUNG . My mother's name is Ann—we live at 28, Pentonville Road; Mills had lodged there with her early this year—in the summer I went to 265, Pentonville Road, where Mills worked—I saw Winton there; I got 3s. from him the first time, and 9s. the second time, which I gave to my mother—Mills afterwards came back and lodged at my mother's; he had been away about a month—Winton stood at the doorway to show the goods to people coming.
ANN YOUNG . I am the mother of the last witness—Mills has been a lodger of mine about a year—he was in employment at 265, Pentonville Road—he went to Ipswich for about a month; my rooms were paid for while he was away—I received the money from my son.
Cross-examined. He has not been in any service since he left Pentonville Road; he has been living with me—he is not a relation—I am not receiving payment from anybody for it, or any promise of payment.
Re-examined. He ceased to go to Pentonville Road when he went into
the country I suppose—I have never seen either of the prisoners in reference to his absence; all I know of the matter is from Mills.
By MR. AVORY. I have seen Louis Levy, not at my house—I saw him outside the Police-court in conversation with Mills.
ROBERT BINER . I live at Stratford, and am in the service of Messrs. Armitage, Clough and Co., of Gresham Street, accountants employed by the Association of the Woollen Trade—on 25th April I went to 265, Pentonville Road, and made an inventory of the stock, on four sheets—I think this is it; the stock book makes the fourth—there are no figures of values except in the stock book—the furniture is carried out in a lump sum at £40, and the fixtures at £30; the rest was exempt, being the property of a lodger—the stock is carried out item by item, value £87, after the depreciation was taken off—the furniture included a piano in the front room and two silver glasses in gilt frames—I did not sell.
Cross-examined. I valued the furniture in a heap—I must have looked at the different items—I did not look to see who the piano was made by—I can't say now whether there was a wardrobe (Referring)—yes, there was, I did not look inside it—it might have been full of silver plate for aught I know—the furniture was packed in the centre of the front room; there was furniture there belonging to Solomon Levy; I did not value that; there is an inventory of it, but not a valuation—I may have put down the values on paper; I have not got it here; I put down some in my head.
Re-examined. There are very few items—with regard to Solomon's, there was much more.
ALFRED VALENTINE . I carry on business at 9, Little Tower Hill, City—I was asked to bring this receipt (produced)—early in April Solomon Levy asked me to go to Upper East Smithfield to see some goods—I had known him before for years—I thought he was in partnership with Louis Levy—in April I bought cut things of Solomon Levy to the amount of £200—they were a damaged lot; he gave me this receipt (Dated April 5; settled, J. Levy, late L. Levy)—there is also a receipt amounting to £205—he paid in gold and notes; there was no cheque.
Cross-examined. I have not been called before—Solomon Levy was the only person I saw—I had done business with him times innumerable—I have known him about sixteen years, selling goods; I don't know about buying—it was cheap ready-made clothing—I did not know Cottee.
Re-examined. I made the bargain on 17th April at Upper East Smithfield with Solomon Levy—the goods were both made and unmade—they were the refuse of the stock—they were all damaged, not by water or fire; they were old stock—several short lengths of cloth were turned over to me at 1s. 3d. a yard; they were in bad condition—on 17th April I made up goods; unmade and cut things were sold to make £170; that finished it off—the first three lots were sent to me; the final lot I sold, and the party removed them—I received £25 profit on them—I took the party there to look at them; he gave me the £25, and they were his—I had not the full amount of money—I thought they were partners, because I had done business with Miss Jane Levy for ten years—I had heard a rumour of Louis Levy's composition, but with regard to Miss Levy I did not notice it.
auction the contents of 39, Bedford Place, Russell Square—I prepared the catalogue—I have a marked catalogue here—Jane Levy was a purchaser to the amount of £166 13s. 6d.; the majority of them were movable articles—she also bought certain uncleared lots, representing £26 19s. 6d.; the total amount of the sale was £1,165 10s.—at the time we were cataloguing she was living in the house—when the lots not cleared were taken by her, she had left; that was after the sale—I only knew her as an ordinary buyer.
Cross-examined. Louis Levy was not living there; we did not know whether Miss Levy was the owner—we took our instructions from Messrs. Smith, Fawdon, and Low; they are her solicitors now—it was arranged between me and them that anything Miss Levy bought was to be debited to the account—she had to pay us commission on that—she and Solomon Levy bought together to the amount of £160—I know Louis Levy; he was at the sale—he bid against her on several occasions, and got some of the things and paid for them—the balance of the sale was paid to Messrs. Smith, Fawdon, and Low, but we paid the rent and taxes; we did not make any advance before the sale.
Re-examined, In her examination in May she states that she is still occupying the house, but she was not sleeping there—the landlord who claimed was Beyfus and Beyfus—the rent due which we paid was £65, and various taxes amounting to about £50—about £150'had to be parted with out of the gross proceeds of the sale.
ROBERT GODFREY . I am a horse-keeper, of 22, Pedler Street, Spital-fields—Cottee came to me when I was on Mile End cab-stand, and asked if I was engaged—I did not drive a cab—my employer was on the other side of the cab—Cottee said, "Can you do a job in the morning?"—I said, "Yes"—he said, "I shall not want you before seven"—I was to take the cab to Greenwood-street—we then had a drink—Mills was with him—in the morning I took the cab to Greenwood Street—I did not see Cottee there, I saw Mills—eight or ten parcels were put into the cab and four on the roof—Mills gave me directions—I went round to the Little Wonder to get them—all these goods were brought out from the Little Wonder, which is a general shop, not very big—I drove with them to Pentonville Road, to a ready-made clothing shop, where I saw Cottee; he unpacked the goods and put them into the shop, and gave me 5s.
Cross-examined. Mr. Levy, a short stout gentleman, first discovered me and asked me to come and give evidence—that was about a month before I was at the Police-court—he found me at the cab-stand—he first asked me whether I remembered doing a job—I said at the Police-court," The first thing Louis Levy did was to ask me to have a drink, and he took me to the Compasses," that is true; and I had a glass of mild and bitter—when he got to the Compasses he wanted to know what I remembered about this journey—I got to this place with the cab about a quarter to eight a. m.—I had never known Louis Levy before; I have seen him outside this place this week, he is outside now.
SAMUEL EVANS . I have been in the employ of Louis Levy for six years, up to about nine months ago—I have been at my present place six months—I used to work at Upper East Smithfield—I was working there for Louis Levy last Christmas—the warehouse was shut up after Christmas, and I then worked for Miss Levy at 265, Pentonville Road—I helped to pack the cart for Mr. Valentine; Miss Levy was paying me my
wages at that time; the goods I speak of were those bought by Mr. Valentine—this occurred twice, my helping to put goods into the cart; that was at Smithfield—this is my signature (Referring to a paper)—I took these goods on a hand trolley from Smithfield to Valentine's place, Little Tower Hill, and also this other parcel, and I receipted the bill—after that I know of the sale of the bulk of things at Upper East Smithfield; somebody in conjunction with Mr. Valentine took them away—the shutters were up when the goods were sold—I had nothing to do with this lot, or these (Looking at two papers)—Solomon Levy gave me these two invoices—when Miss Levy paid me I was working at King's Cross and at Upper East Smithfield—when I left her employment 4s. was due to me—she gave me a half-sovereign and said, "If anyone asks you anything, you don't know nothing."
Cross-examined. I have never been called before; no one asked me to come and give evidence here—Louis Levy first spoke to me about this—I am in service now—I knew him when he was at East Smithfield—he did not promise me anything when he asked me to give evidence, nor did he say anything about getting me employment; he said he thought he was going back into business, and having formerly been in his service I understood that he might he able to find me a berth—I was not discharged from Pentonville Road—Louis Levy discharged me from Smithfield, and then I asked Solomon Levy if he could find me a job at King's Cross—I had nothing to do with Cottee, but I knew him—I swear it was not Jane Levy who discharged me—it was after the place was shut up, I cannot give the date—they had to send for a policeman to take me away, but the policeman did not come; I went out—that was twelve months before the warehouse was shut up, there was another discharge—Solomon Levy went for the policeman—I was receiving 2s. a day at Pentonville, paid weekly—I was only there ten or twelve days—I was not very hard up when I left—I was out of work about four months after leaving the warehouse, and I went and asked Miss Levy to give me a job—I worked regularly every day at King's Cross—when I left I won't swear that I did not tell Miss Levy that there were four days Owing to me—I can't remember all the things, it is a long time ago.
Re-examined. The warehouse was shut up before I took the goods away on the hand trolley—the shutters were up 10 or 12 days while I was employed there—the trolley was kept there—Solomon Levy gave me the directions and the invoices—Miss Levy was paying me then; she was my employer—when I got these two lots and signed, the goods were taken from the shut up warehouse to Mr. Valentine's—I have had no quarrel with Miss Levy.
THOMAS JAMES BANTING . I am salesman and manager to Mr. Peacock, tailor and outfitter, of the Commercial Road—on April 12 Cottee came there in a cab, and brought one or two specimens of ready-made garments; and on the 13th he brought the goods in a cab, and said, "These come from Levy's"—he mentioned no Christian name, but "Levy, of Smith-field," I believe, was on the invoice, which he did not leave—the goods were left, in consequence of Mr. Peacock not being there—he came again, and saw Mr. Peacock, who said that the goods were in such a condition, and so soiled where they were folded, that he would not buy them—the suits were to be 12s., but I believe he came down a shilling or so; the
jackets were 8s.—Cottee said something about Louis Levy giving up the wholesale trade, and said he would make Mr. Peacock have them—Mr. Peacock said, "If you don't take them away by to-morrow I shall charge you warehouse-room"—Mills fetched them away on April 14th; six parcels.
Cross-examined. I have known Cottee many years—I knew him with other firms besides the Levys—I believe he has always borne a good reputation.
JAMES HODGE . I am managing clerk to Laurence Hasluck, of Holborn Viaduct, the trustee in Miss Levy's bankruptcy—I went with the tipstaff of the High Court of Justice on 26th September to search 265, Pentonville Road; he had a warrant—I found there articles of furniture corresponding with Lumley and Lumley's catalogue—I claimed them as part of the bankrupt estate, and another claim was set up against my seizure—I had a notice from the solicitors, claiming them as Cottee's property, on 26th September.
Cross-examined. I have never been examined in this case before—the articles were furniture and ornaments, some loosely packed in a room upstairs, and some scattered in different rooms—I believe Cottee was living there; his name was up on the shop.
Re-examined. I was present when Mr. Lumley's clerk examined the goods on a later occasion—I showed him the items in the catalogue—the value was about £20—this is the list—I still hold them—they are warehoused, in consequence of the claim made.
A. E. BOLTON (Re-examined). I saw, in Mr. Hodge's presence, certain articles which had been seized at Pentonville Road—I cannot identify the whole of them, but I saw all the things on the list—I recognised some jade or soap-stone carvings, a music-stool, some bedding; and there were other things which I cannot swear to; it is so long since that I cannot say whether they correspond. (The witness then went through the list, pointing out the articles which were bought by the prisoner Levy.)
Cross-examined. I decline to swear to the articles, but no article was pointed out to me the general description of which does not tally with what I saw—the value of the fixtures bought by Miss Levy was certainly £30, and probably more; it was not £80——I made a valuation of the same things for the incoming tenant, and valued them at quite £86—she paid £160 plus £26; there were different lots representing £26 19s. 6d.—all those things had been taken away—we obtained a tenant, but he has not gone in—I think he will go in from Christmas quarter.
LAURENCE HASLUCK . I am a chartered accountant, of Holborn Viaduct—on May 28th I was appointed by the Court, trustee under the bankruptcy of Jane Lewis—the stock at 265, Pentonville Road was valued on 25th April at £87—the adjudication was on the 25th—if whitewashes had come in on Tuesday, the 24th, I should have known it—the goods were sold for £80 to Solomon Levy on 16th May; there was no stock anywhere else; the stock at Upper East Smithfield had been sold to Solomon Levy by the bankrupt—the £80 was handed to the Official Receiver—the lease of 265, Pentonville Road, was sold at the Mart about 16th May to Mr. Cottee for 100 guineas—the furniture, fixtures and fittings were valued at £40, and sold for £40 to Solomon Levy—Miss Levy sold the stock at Upper East Smithfield for £80; I was present when she was examined, and heard her state that the sum was paid her mostly in gold
she was not present when Solomon Levy was examined, it is not allowed—she puts the date down as March this year—there is no statement of the sale to Solomon Levy; she ought to have put it into the cash account—until her examination I did not know that stock had been sold to Valentine for over £200, but I had my suspicions; I know it now—I heard Cottee examined—no stock or fixtures at Upper East Smithfield was delivered over to the Official Receiver—from first to last, except what is disclosed on the Official Receiver's statement of affairs, nothing was disclosed by the bankrupt—there was no disclosure of any furniture other than that valued by Mr. Biner—I have never had any account of the stock removed to Mrs. Cottee's, Miss Levy denied that it had been removed—the assets realised £240—I know that a number of executions were put in on the Pentonville property, just subsequent to the sale at Bedford Place, on March 7th, 1888; they amounted to about £680—there is an affidavit; she had to swear to her statement—Louis Levy would have to prove for the amount of his debt, but he has made no proof at all—Mrs. louis Levy has proved for £1,344 18s. 6d., which is within £19 of the amount of Louis Levy's and her own debt together—that is the reason no claim was put in by him—I have not allowed him to interfere with my duties; on the contrary, I have kept myself aloof from him, knowing the question might be raised, and I have myself taken the statements of the witnesses—Arthur Cottee proves for £30, and Miss Levy said in her examination that that was money lent to her by Cottee—he describes himself as a tailor's cutter, of 265, Pentonville Road—that was sworn on 23rd May; and on that day John Sears is returned as a creditor for £84; he was my partner, but we dissolved partnership in 1887—I never saw this agreement till yesterday, but it ought to have been handed over to me; we have never had a copy of it, though the other side say that we have; I do not believe my solicitor ever saw it till yesterday—Messrs. Smith, Fawdon, and Low are the solicitors representing the defendant to-day; they never represented Louis Levy—Miss Levy said in her examination that she was introduced to them by Mr. Appleby.
Cross-examined. Miss Levy swore positively that she knew of no removal of any stock on the Saturday or Sunday prior to her petition—she swore "There were some personal goods of Cottee's own that had nothing to do with me"—she said that if anything went out it was Cottee's wearing apparel and personal effects—Cottee was examined, and said in my hearing that the things removed on Saturday or Sunday were his own wardrobe—he said, "Everything removed is clothes; there were some paper patterns in an old desk I used to use when I was in India"—Solomon Lewis, the brother of Jane, was included in the charge, but the Magistrate dismissed the case against him—Miss Lewis said. in her examination that the whole of the stock in Smithfield was sold to Solomon Levy soon after the transfer from Louis Levy to her—I gather from her statement that there was a dispute between Solomon Levy and her—an action was brought by Louis Levy's wife against her on an agreement to indemnify her—the Bankruptcy Court used to stay an action against a bankrupt, but it does not now, and I don't know whether it has gone on—although Louis Levy did not actually prove, Mrs. Levy has proved for £1,300, but there is more than that; that is the amount she paid on the failure of Jane Levy—these composition bills were given to pay Louis Levy's debts, and the money from the furniture of Bedford
Place was applied to paying out the executions put in at Pentonville, but I don't know that the furniture was sold for that purpose—the whole of Miss Levy's liabilities were in respect of Louis Levy's debts, which she took over—she has never alleged to me that the arrangement was not carried out between them, but she said so in the statement of affairs—Mr. Sears is the only creditor of any amount on sheet A; his debt, £84, was for professional charges as an accountant in investigating Louis Levy's affairs; I have no doubt that he has been actively assisting in this prosecution, but I don't believe he has served subpoenas on all the witnesses—I have rejected Cottee's offer for £80, as it has been before the Judge, whose decision is not yet public.
Re-examined. I have no motive on one side or the other; I have been ordered by the Court to prosecute, and the Treasury have taken it up—I am the nominal prosecutor—Louis Levy being in difficulties, and making the composition, he entered into a writing to pay the composition which was £1,800—after money had been paid to get Mrs. Levy free, she took an assignment of her brother's effects in full, and became liable for £800 or £900—if she had not received enough, instead of being a creditor for £1,300 she would have been a creditor for nothing or a debtor; she would have a claim against her brother—the composition was 7s. 6d. in the pound for about £5,000, in instalments of 1s. 3d.—the first instalment was paid without Miss Levy's intervention—she signed her name as well as the wife to part of the composition; the two ladies were not security for the whole, only for £900—being jointly liable, instead of Mrs. Louis Levy having to pay her half and the other her half, the whole of the assets were assigned to her, and she undertook the full liability, and if she had performed her part there would have been no bankruptcy—£1,300 is due to Mrs. Louis Levy. (The defendant's examinations in bankruptcy were here read.
GEORGE BUCK . I am a gas-fitter; I have proved as a creditor in this bankruptcy for £23—I was present at Cottee's examination by Mr. Ringwood, the barrister, at the private sitting—I heard the imputation he made, that if he gave me £5 I would settle up the matter with him—that is positively untrue; the order for the work was given on March 20, after the things were put on the premises at Pentonville.
Cross-examined. I received the order from Mr. Levy on March 20—I began next day, and finished on April 7th—I would not have taken £5 even after I heard of the bankruptcy; I never heard of it till April 21.
Re-examined. I am one of the committee of inspection—Miss Levy has said nothing to me as to my probable dividend—the work was gas-fitting and plumbing.
ARTHUR SEWELL (Detective Sergeant G). On 31st August I arrested the two defendants and Solomon Levy on a warrant—I took Cottee outside the shop, to 45, Pentonville Hill; handed him over to a constable, and then went into the shop, and read the warrant to Jane Levy; she said, "I never heard of such a proceeding; can't you call to-morrow morning?"—when I read the warrant to Cottee, he said, "It is a lie; I will make some of them pay for this"—they were all three living there.
Cross-examined. I arrested Solomon Levy the same night at twelve o'clock, ringing the bell to get into the shop—his brother Louis pointed him out to me—Louis was hanging about with me in the street in order
to arrest Solomon—Mills was arrested and taken to the station—I was present when he was fined, but I did not arrest him—I think Louis Levy has been at the Police-court on every occasion since the prisoners have been in custody.
Re-examined. The charge against Mills was drunkenness—his defence was that he was passing Cottee's shop, who came out and swore at him, and used foul language, and struck him a blow on his face—his face was swollen—the Magistrate fined him, and directed him to take out a summons against Cottee—that is since Cottee was committed for trial, and as far as I know he has not done so.
Witnesses for the Defence.
SOLOMON LEVY . I am traveller to Messrs. Lyons and Co., of Liverpool and London—I am the brother of Jane and Louis Levy—up to about five years ago I resided with them at Upper East Smithfield, where Louis Levy carried on business as a clothier—about that time he took a house at 39, Bedford Place, Russell Square—Jane Levy really was proprietress; she furnished it—we all three lived. there, and the business was carried on at Upper East Smithfield—about the middle of 1886 a shop was taken at 265, Pentonville Road—I went there in March, 1887—in July, 1887, Cottee was engaged as cutter by Louis Levy; I was present at the time—he brought to Bedford Place proper references from London and country people, and from India—he brought a large quantity of paper patterns to Pentonville Road—Louis had been in difficulties for many years—in January, 1887, there was a meeting of his creditors—Lewis and Lewis, of Ely Place, were his solicitors—a composition was agreed to—after that some executions were put in at Pentonville Road and Upper East Smithfield; and there had been several before that—shortly after, an arrangement was made, by which Jane Levy took over his liabilities; she went to live at Pentonville Road—at the sale of the furniture at Bedford Place Jane Levy bought £169 worth; I was there the second day of the sale—I bid for two lots for her—I cleared that furniture; I saw it packed in the van, and it was taken direct to Pentonville Road—after that I and Jane Levy were on very bad terms with Louis—before she took over the liabilities the bad terms began, because he seemed dissatisfied and was creating disturbances whenever he could; there was a dispute of some kind, I believe as to the terms on which the liabilities were taken over—after Jane Levy went to Pentonville Road Louis came there often, walking by the door, standing about and looking in and trying to taunt them, one way and another, in order to create, some disturbance, it seemed to me—I have seen lads taking his part, and I thought there was going to be a breach of the peace—he sent for me once, and I went out, he had a message; on another occasion I went over to him he began to create a disturbance, the policeman moved him on—Cottee came to live in the house about August or September, 1887, I think; after I had been attacked by rheumatism—on the Sunday before Jane Levy filed her petition some whitewashes had stripped the walls, and were coming on the Monday to water wash and whitewash—on the Saturday before I was away all day, but I came in at night; I passed through the shop and saw, generally, the stock there—I was there again on the Monday—there was no appreciable alteration in the appearance of the stock on Monday morning—I think if £10 worth had been removed I must have noticed it; I have been accustomed to stock all my life; there was no such alteration that I could
see—I was there on Sunday, I was very bad with rheumatic gout all day, and was on the sofa in the first floor back from the time I got up, I did not see Mills all day—I bought the stock at East Smithfield and paid £80 for it; I had sold a pair of trousers the day before for 7s., and I gave Jane Levy 7s. and £80—of the stock I sold two or three small lots to Mr. Valentine first, and then cleared them out to him; it was in frightful condition, moth-eaten, mildewed, rotten, damp, as bad as could be—I had hard work pressing it, getting it into condition, and throwing some of it out—I was about a month getting it into condition—Evans came to help me—if I had not done what I did no doubt I should not have got half what I did for the stock—£100 worth of best black coats and overcoats, if packed up, would fill a good-sized cart I should think, a large-sized cart; if they were second-class goods they would have filled a van—I am certain that £100 worth of first-class goods could not have been removed without my knowledge.
Cross-examined. Executions on judgments against Louis were put in at Upper East Smithfield, Bedford Place, and Pentonville Road—they were not withdrawn on the composition being agreed to, but still continued—as far as I can remember the composition was agreed to in January, 1887—I don't know the amount of Louis's indebtedness—my sister and Mrs. Louis Levy put their names as security for some of the instalments—I have no knowledge that Jane Levy gave her indemnity to Mrs. Louis Levy on 4th March, 1887; I know she signed certain things—I have no knowledge of that part of the case—it was somewhere about February, 1888, that the assignment was made by Louis Levy of all his property to her, I believe; I only know from hearsay—I have not seen a copy of the writing with regard to Mrs. Louis Levy's claim—I know nothing about the claim—I believe Miss Levy paid many executions out—I cannot tell you if it was thought worth while to pay £700 to free stock in East Smithfield and Pentonville Road from the judgment creditors; I simply know what I was there to do—I don't know what money was applied to paying Louis's creditors out—I think the stock at both places was not worth £100—I did not make £300 from Lower East Smithfield; I paid £80 before I made any profit—I did not say to the Registrar at the private sitting that I thought I had got altogether nearly £300; I said nearly £200—it was not read to me—I sold them for £170—I did not say, "I sold them for £170; I think I got nearly £300, after being at work nearly one month and putting them to rights"—I said I believed' they realised nearly £200—you may have got my receipts to Valentine' for £205 for the stock at Upper East Smithfield—the warehouse there was shut up in January, 1888, when the deed of assignment was made to Miss Levy—the shutters were up, but the side doors were open; Louis's trustee was in possession, under a deed of assignment, as far as I can recollect—I believe Miss Levy made some arrangement with him—I don't know what she paid him—I understood she made an arrangement with Mr. Sears—he gave no authority to take possession on her behalf—someone was in possession some time before, and he took out certain goods and sold them—I did not sell goods to Mr. Simmons, of 19, Petticoat Lane; I sold to no one but Valentine, only a little of the furniture to one or two people—I was paid £100 in gold and notes, to the best of my recollection—I did not swear before the Registrar that the payment was all in notes—I did not buy the stock at Pentonville Road, only
nominally for Mr. Cottee; the conditions of sale were that the lease should be sold, and that the purchaser was entitled to the stock and fixtures; the valuation was fixed by the Court; the Official Receiver promised me I should have the first offer—Cottee asked me to buy them for him, and I did so, with his money—he had bought the lease, and he was in the Official Receiver's employ and received salary—I cannot say if Cottee has got a banking account—I don't know out of what bank the money came—I never had a banking account, nor had either of the defendants, but Louis Levy had—I have only been traveller for Mr. Lyon a few weeks; I was not in his service when I bought nominally—I do not know what Cottee paid my sister a week—from the beginning of May till I was taken into custody I was sleeping at Pentonville Road, and Cottee also, and my sister—I cannot tell when Buck, the gas-fitter, was there; I was away all day—no whitewashing is done yet, the paper is pulled off the walls, and so it remains to the present day—I paid the £80 in cash, I had had it nursed up for some time—there might have been gold and notes; it had been gradually accumulating; it might have been part of my salary at Mr. Sears—I do not know what my sister did with the £80; I got no receipt for it.
Re-examined. I took the whole thing as it stood—before the transfer of the business by Louis Levy, my sister had become jointly liable on the promissory notes, long before she had any stock transferred to her; as far as I know she had no consideration for that—he had money from me all through; the whole of what was left me by my father—my father was bankrupt, and I proved for £700-under his estate, and my brother Louis has had every penny of it, and has shown his gratitude by giving me in custody, and I was eight weeks before the Magistrate and eleven days in Holloway Gaol—they opposed my being let out on bail, that was repeated on every occasion—they tried to get me locked up.
ELLEN PEARSON . I am a servant at 265, Pentonville Road—I was there on 22nd April, when Miller took away some parcels—he frequently came there on Sundays—I let him on 23rd April; he came between ten and eleven—Cottee was not down; he had not left his room, and did not come down before breakfast—Miller had his breakfast after he arrived, and then went into the yard and had a smoke—he stopped in the kitchen after breakfast; and afterwards Cottee called him—I went upstairs a few minutes after and he had then gone out—he came back about two o'clock, and rang the bell, and I let him in; he asked if dinner was ready—I said, "Not quite," and he stopped a few minutes, and then went over to the distillery, and stopped there till it shut—he tried to eat his dinner, but could not, because he had had too much drink—he went up into the shop, and I left him there; and the next time I went up I found him on the cutting board asleep—he told me in the morning that he was going to pack up Mr. Cottee's things to take to his house; but he did not do any packing in the afternoon—he made an arrangement to meet me outside his lodging at seven o'clock, and if he was not there, to go in; I went and waited till he came in a cab about 7. 3—Flowers was inside—we walked to the Angel and then got in—we had not to stand up with the parcels all round us—two were on the front seat, two on the top of them, and one on the top of that—we drove to Mrs. Cottee's house, and left them there—I had formerly been to Bedford Place, and saw the furniture that was brought from there to Pentonville Road—it remained on the premises at the time of the bankruptcy.
Cross-examined. I was keeping company with Mills, at that time, and now I am keeping company with Flowers—Cottee was living at Pentonville Road, and Miss Levy and Miss Tinley, the housekeeper—no one but Mills came on a Sunday—the last time I was with Mills was on Whit Monday, some time before he went to Ipswich—the five packages were not very big—there was no danger of breaking the windows very little luggage was put into the cab—Cottee was living at Pentonville Road a month before the sale—he never lived at Bedford Place—he lived at home with his mother till February this year, when he came to live at Pentonville Road—Carter and Paterson's moved my two boxes from Bedford Place—they were bigger than these five parcels, and I did not pay more than 1s. for them—I do not know of any parcels being sent to Mrs. Cottee's house, Mile End Road—I have never been there.
WILLIAM FLOWERS . I live at 28, Pentonville Road—on Sunday evening, 22nd April, Mills came in a cab, and I went with him and Ellen Pearson to the Angel, where we got in—there were about half-a-dozen parcels on the front seat—Mills, I, and the girl sat on the back seat—she sat on Mills's lap—it is not true that we were obliged to stand in the cab with the parcels piled round us—Mills said that he was going to take them to Cottee's mother—he did not say what they contained—he told me, if I was called as a witness, to tell Pearson not to say anything about it, as her name would not be mentioned, and that he did not mind doing six months if he could get Cottee locked up.
Cross-examined. I occupied the same room as Mills, at Mrs. Young's, for about fourteen months—I have known him eleven or twelve years, and have always been on good terms with him—he was addicted to drink—I say that because I have seen him drunk scores and scores of times—I am keeping company with Miss Pearson—I knew of Mills going to Ipswich—Winton gave me some money, and said Mrs. Young would know what it was for—I asked for money, as the messenger of Mrs. Young—Cottee has lived there since the beginning of February—I did not know of any foods going to Johnson's.
Re-examined. I still occupy the same lodging as Mills, and the same bed—I slept with him last night—he said several times since this case has been on that he would not mind doing six months if he could get Cottee locked up.
ALFRED WINTON . I am salesman and window dresser to Cottee—I was formerly doorsman, salesman, and manager—I was originally engaged by Louis Levy; I knew Mills well as a porter there—I remember his going away in July—while he was away I forwarded 6s. and 3s. to Mrs. Young by her son—Mills asked me when he went away if I would kindly advance the money, and he would repay me when he came back to town if he got another situation—in addition to that I sent him three or four weeks' money at his request—there is not the slightest ground for suggesting that I paid it by the direction of either of the defendants; they knew nothing about it—I know Louis Levy well; he has been to see me—Messrs. Lewis and Lewis have never been to me to make any inquiries.
Cross-examined. I got 30s. a week and 3d. in the pound on the takings, as Louis Levy's servant; that amounted to about 40s. a week—we sometimes took more than £60 a week—when we required goods we had them sent in—I was not in the service of Jane Levy when she got this property
from Louis Levy, as I was away two months—I was not discharged, I left on account of illness; no complaint was made—I went back, not to the same employer, but to Cottee—this envelope is my writing—I sent it directed to "A. Mills, 2, Nelson Road, St. John's, Ipswich"—I wrote, "Dear Walter, accept the enclosed; I hope you will find it useful; what is best to be done?"—we used to call him Walter—I enclosed 15s.—I did not at that time know that Cottee, Solomon, and Miss Jane had been summoned to the Bankruptcy Court—I wrote," What is best to be done?" because he had written a letter; I have not got it; but he asked me to do the best I could for him to get another situation; and when I wrote to him, knowing I was going down there, I said I would call on him, and tell him what was best to be done—I did not send the 15s. as wages to that time—he told me himself that he had left the service altogether, and he was discharged on account of being abusive and being drunk—I was there to see it—Cottee discharged him—I did not take any acknowledgment from him for any money I advanced to him, but I kept an account of it—I think I sent him as much as £3—both these letters are my writing—(These were dated July 9th and 17th, enclosing 15s. in each.)—I have never asked him to pay back the money, or made out any account claiming it.
Re-examined. I sent him more than £3 5s.—he asked me if there was any opportunity of his returning into Cottee's service—I told him I would do all I could to get him back—that was the meaning of "nothing settled yet," in the letter—I saw him on his return from Ipswich, when he came to the premises—I heard the disturbance between him and Cottee, and persuaded him not to go in—he did go in, and Cottee told him to get out of the place or he would send for a policeman—I can hardly tell what Mills said, he was in such a state of liquor—Cottee sent for a policeman, who took him away—two policemen came, and Cottee was kind enough not to charge him—he was got away, but he was making such a disturbance that the policemen took him on their own authority.
Friday, December 14th.
CHARLES MORRIS . In April, 1887, I was stock-keeper, salesman, and assistant cutter to Miss Levy—the stock consisted principally of unmade material, with a small quantity of ready-made cheap suits—cutters always have their own patterns; Cottee had a considerable quantity of patterns and other things—on Saturday, 21st April, I was at the shop till midnight—I was there again on the Monday morning—no stock was missing—if £100 worth, or anything like it, had been removed, it would nearly have cleared the shop, and I must have observed it—I remember goods being sent to Peacock, and brought back; they did not remain in parcels, and go out afterwards—I helped Mills to remove the furniture from the van which had come from Bedford Place—it was put upstairs in the first floor front room, and was all there when the valuer from the Bankruptcy Court came—Mills was often drunk, and had been threatened with discharge—since this prosecution began, he, Buck, and Louis asked me to swear that the goods had been removed—I refused, and said if any stock had been removed I must have known it; none had been.
Cross-examined. I was first employed in March at 265, Pentonville Road—Miss Levy engaged me—that was before the sale of the effects at Bedford Place; just at the same time—my wages were 80s., and 3d. in the pound commission—I don't know if any stock-book, or inventory of stock, was
in existence when I went there—I think I have seen a stock-book—it is so long ago, I forget—sometimes the takings were £18 a week, sometimes £20—I got on an average about 5s. a week commission; very seldom more, sometimes less—it was commission on the same stock that Winton sold—the sales were not £60 a week during my time—I was there all the time of Miss Levy—she kept the wages book, as far as I know—I believe there was a regular wages book, and she paid—Cottee was there before I went there—he was over me—there may have been an invoice book to show the coming in of lengths of cloth that were turned into coats and trousers and waistcoats—I did not see it—I kept no account of the going out of suits, or the coming in of purchases—Miss Levy made up the account to show my commission—there may have been a regular book of accounts, showing the sales, and showing what I and Winton were entitled to—I did not see it—some goods were brought in a cab by Godfrey to Pentonville Road on May 18th—I was not inside at Pentonville Road when they arrived—the only things I saw were some inferior goods that we could not sell, and which were taken to Mr. Peacock as an ordinary business transaction; and the porter was sent for them or the cash, and he brought back the goods—that was on April 14th—it is all I can speak to—after May I had no entry in my stock-book of the goods brought from Johnson's that I know of—I know nothing of what came in a cab.
Re-examined. Mr. Winton was not there before March and April—he came back after the petition had been filed, after the bankruptcy.
FRANK JOHNSON . I keep the "Little Wonder," Adelina Grove, Mile End—Mrs. Cottee lives five or six doors away from me in Greenwood Street—I remember Mills bringing some parcels to my house—he told me they were Mr. Cottee's—I have known the Cottee family for 25 years—I kept the parcels for a time for Cottee, and then Mills took them away in a cab—I went with him—two of the parcels were broken at the corner; the others were tied—I saw at the broken corners some brown paper patterns and clothing—I said to Mills, "There is a parcel broken; he said it did not matter—there were seven or eight parcels—we rode inside the cab to the shop at Pentonville Road—I helped him take the parcels into Cottee's room—it was Upstairs;. I did not notice whether it was a bed-room or a sitting-room; it looked very nice—I was subpœnaed by the prosecution to give evidence at the Police-court and here—I was not called there.
Cross-examined. I had several subpoenas—I did not say to the person who subpœnaed me, that it was not much good—he asked if I would give any information—I said, "Who do you come from?"—he said, "Messrs. Lewis and Lewis; I know all you know"—he asked me if Mr. Cottee was in town; I said, "I believe so"—I have seen about four different gentlemen at four different times about my giving evidence—I understood I was wanted to give evidence for the trustee in Miss Levy's bankruptcy—I never said, "You will get nothing out of me," or that it would be no use calling me as a witness—clothes were only brought on one occasion—I put them up in my room; they remained there about a fortnight, I think—Mills brought them all, Cottee was not with him—Mills fetched them away—I had not seen Cottee in the meantime—I had seen Mrs. Cottee five or six times in the day, being a neighbour—I never heard from her that he had bought the lease, or that Mr. Winton in
Cottee's name had bought the stock—I did not know of Cottee going into business—the seven or eight parcels I was were put in the cab, they were not very large—I have seen the cabman here who took the parcels away—I don't know if his name is Godfrey—Mrs. Cottee asked me to let the things come to my house, because she was poked up for room; she lets the upstairs part—there was not room in her house for the eight me to take off—I have a general shop, "The Little Wonder," which my wife attends to.
Re-examined. Mrs. Cottee has a four-roomed house—she occupies the front parlour and back kitchen, and lets her front room—when the solicitor saw me, he said, "Do you know anything about Cottee and Levy?"—I said, "Who might you come from?"—he said, "Lewis and Lewis"—I said, "Yes"—he said, "Well, have you seen Mr. Cottee?"—I said, "Yes"—he said, "Is he in town?"—I said, "I believe so"—I said, "When did you see him last?"—I said, "About a fortnight ago"—he said, "Will you tell me what your know?"—I said, "What I know I shall say to the Court"—he said, "I know all you know"—I said, "Do you?"—he said, "I shall have you put in the witness-box"—I said, "You can only tell the truth"—he gave me a piece of paper and half-a-crown.
LIZZIE COTTEE . I live at 15, Greenwood Street, Mile End, with my mother—I am Cottee's sister—I am employed at the London Hospital—on Sunday evening Mills brought five parcels of the house—he told me what they were—he gave them to Mr. Peck at the door of the house; Mr. Peck deposited them in the passage outside the parlour door—I and my mother occupy three rooms, parlour, kitchen, and upstairs bedroom; they are all very small rooms; you can touch the walls if you stand in the centre—the parlour is a little larger—the parcels remained in the passage till next morning; a few days after they were removed to Johnson's, because they were in my mother's way—I complained of there being in the way chiefly—my brother has had a considerable amount of patterns and other things a great many years—he has been in very good situations, and had a splendid appointment in India.
Cross-examined. I believe he had 2,700 rupees a year; he has kept my mother in a state of independence for five years—he has been back from India four and a half or five years—I don't believe he had a banking account in England—he first because acquainted with Pentonville Road business about year ago, I believe—up to that time he had been living at home—he went away from Greenwood Street a month after last Christmas, to the best of my knowledge; he took his clothes with him—he has not been living at home since—these patterns were made of stiff brown paper—I was at home on the Sunday when the things arrived, by appointment, to meet my young gentleman to take me to church—all the things went to Johnson's, and three that came afterwards—those three were made up at home of paper patterns folded up—they could not be made up of clothes—the patterns belonged to my brother; they had not been brought from Pentonville Road—my brother had a large quantity of patterns; they were brought from various places—the two parcels broken at the edges were part of the five parcels, because I undid them the following morning, as one of the things protruded—it was a large cape ulster, and another was a long black coat, with sealskin—I hung
them up for fear they should be creased—they belonged to my brother; I have seen him wear them.
Re-examined. I saw him wear the coat with the cape last winter—and the coat he has on now with the sealskin collar is the other one.
NOT GUILTY .
THIRD COURT.—Thursday, December 13th, 1888.
Before Mr. Common Serjeant.
MESSRS. GREENFIELD and TURRELL Prosecuted.
WILLIAM FRANCIS MARLOW . I live at 8, Lockton Street, Bramley Road, Notting Hill, and am a shoemaker—about one o'clock on November 10th the prisoner walked into my shop, and offered me this pawn-ticket in sale—she told me she had been in business, and lost £480 in four years; and her friends were very well off in Billingsgate Market; they were large haddock smokers; and she said it was no good taking it to them, for they were against her since she had got broken, because she had gone down so—I asked her whether she could not keep the ticket, because she might want the things herself, and she said "No;" she would have to sell it to some body—she asked me 5s. for it, and I gave it to her—she pleaded she was hard up—I went to Mr. Barker, the pawnbroker, and produced the ticket to him—in consequence of what he said I went home, and then to the Kenilworth Castle public-house—I saw the prisoner standing in the bar; I fetched a constable in, and said, "That is the woman that sold me the pawn-ticket"—I gave her in charge—at the station she said she never sold me a pawn-ticket—I am sure she is the woman.
Cross-examined. You did not say to me, "Here is the ticket; I have sold it to you as I bought it"—I told you I should go and get them out—you were searched in the cell, and 5s. found on you, and you came out and offered me the 5s. back—that was about half-past two; after you were charged.
JOHN SPENCER . I am a pawnbroker's assistant at King Street, Hammersmith—only the name, date, and address on this pawn-ticket are in my handwriting, the rest has been erased and altered—(This ticket was for drawers, glass, carpet, clock, table, and sheets, pledged with George W. Barker, of 12, King Street, Hammersmith, on 12th October, 1888, by John Spence, of 7, Shaftesbury Avenue, for 18s.)—this is the duplicate.—(This was for a coral pin pledged with George W. Barker, by John Spence, of 7, Shaftesbury Avenue, on 12th October, 1888, for 3s.)—I cannot say in whose handwriting the rest of the ticket is—the ticket relates to the coral pin, which I took in myself—it is still in our possession, unredeemed—a man giving the name of John Spence pledged it on. 12th October—I was out when Marlow came; my employer saw him.
Cross-examined. I never saw you in our shop.
GEORGE CHEESEMAN (Policeman X R 8). On 10th November Marlow gave the prisoner into my custody at the Kenilworth Castle—I told her to come outside—she said, "I did not sell you no ticket"—I took her to the station—after she was charged, at about half-past three, she offered the prosecutor to pay him the 5s., that he gave her for the ticket—that was before
she was searched, I am certain—she said, "I will give you your 5s. back, the ticket is as I bought it"—I could not say if she was drinking with anyone in the public-house—she was standing at the corner of the bar; several people were there.
Cross-examined. You had a little tea and sugar.
The Prisoner's Statement before the Magistrate. I bought them honest. I can neither write nor read. I bought them at the sales of the dealers who buy things and pledge them, and sell the tickets.
The Prisoner in her defence said she bought the ticket innocently, as it was, of a man at Debenham and Storr's, meaning to save up money to redeem the articles and give them to her son, but that wanting money, she sold it.
W.F. MARLOW (Re-examined). The prisoner offered the 5s. after she was searched; she ran out half-naked, after the woman searched her, into the room—I did not know the prisoner—the public-house is about a quarter of a mile from my shop.
GUILTY — Judgment Respited.
OLD COURT.—Friday and Saturday, December 14th and 15th, 1888.
Before Mr. Recorder.
106. ROBERT ADAMS (39) , Unlawfully obtaining by false pretences, from Wm. James Tooley, a quantity of tobacco pipes: and credit to the amount of £4 5s., with intent to defraud; and obtaining goods on credit from other persons, by false pretences and fraud.
MESSRS. MEAD and BODKIN Prosecuted.
WILLIAM JAMES TOOLEY . I am a fancy goods dealer, of Wilson Street, Finsbury—on 31st May the prisoner came and selected some briar pipes, value £4 7s., for which he gave me this cheque—(On the London and S.W. Bank.)—I paid it away, and it came back marked as it is now—I paid it away a second time, with the same result—about June 4th I received this letter from the prisoner:—"I sincerely regret that the cheque was returned unpaid, arising from the negligence of one of the employees, Kindly pay it into your bank on Wednesday.—R. ADAMS"—I then received this letter (Dated June 7th, stating that his bankers had dishonoured a customer's bill; and consequently had returned two cheques, and feared the witness's cheque might be one)—next day I received this letter from the prisoner (Enclosing an open cheque for £2, and stating that it would be Tuesday or Wednesday before matters would be clear)—I handed the £2 cheque to my solicitors, and commenced an action against the prisoner in the Shoreditch County-court for £4 5s.—this is the plaint note and summons—I have since had a cheque from the prisoner for £1 on a bank in Kingsland Road, which was paid—that is all I have received—my loss is £3 5s.
Cross-examined. I do not believe I called on you before the summons—you never gave me a sovereign; I did not admit it at the Police-court—I did not tell you I had paid the cheque to my brother, and could not produce
it—I gave my solicitor instructions to withdraw the summons, and the £1 was paid after that.
ALFRED WARREN . I am clerk to James Biggs and others, tobacconists, of 159, Commercial Street—on 2nd June the prisoner called and bought some cigars for £1 10s.; he had previously bought some small things for cash—he gave me a cheque for £1 10s., which was duly honoured—on 4th June he called again and bought cigars amounting to £6 10s., which he took away with him, and gave me this cheque (On the London and South Western Bank, and crossed); and on June 5th he ordered goods to the amount of £11 7s. 8d., and paid with this cheque (Produced, dated June 9th), which he sent by a lad—next day I received a letter from him, which I have lost—it stated that he was very sorry he had given me a post-dated cheque, which he intended for someone else—I afterwards received back from my bankers the £6 10s. cheque dishonoured—I went to the prisoner at Station Yard, Forest Gate, the address he gave—he said he was very sorry; there must be some mistake at the bank—on 2nd July I received this letter enclosing a cheque on the London and Provincial Bank for £1, stating, "I send you £1, and will send you more next week"—it was dishonoured; I presented it again next day, and it was returned again—£17 178. 8d. is still owing—he has bought goods for cash since that.
Cross-examined. I know nothing of the firm entering into an engagement with you to hold over the £11 10s. cheque—from June 9th to November 1st you laid out at the counter £11 1s. 4d. at Commercial Street, and £1 19s. at the shop in Shoreditch—this letter is in your writing. (This stated; "I have just learned that the cheque is returned, will you kindly pay it in to your bank to-morrow;") that was the £1 cheque—I cannot explain why it has not been presented again.
ALBERT JOHN HARKER . I am a clerk at the Forest Gate branch of the London and South Western Bank—the prisoner opened an account there on 29th May in the name of Robert Adams and Co.—this (produced) is a copy of his account in the ledger—it remained open till June 7th, and during that time £45 9s. 9d. was paid in, and £45 4s. 6d. was drawn out; we took-the 5s. 7d. for the charges—there were not sufficient assets to pay this cheque for £4 5s., and it was marked" Refer to drawer;" nor were there sufficient funds to pay this cheque for £6 10s.—the account was closed on June 7th, and there was not £11 7s. 8d. there then—seven cheques were dishonoured amounting to £31 5s. 7d.—the last was dated 16th June, nine days afterwards—I do not think the cheque dated on the 9th was ever presented—I wrote this letter to the prisoner, and the other my clerk wrote. (These were found at the prisoner's house, and one of them enclosed an unpaid acceptance for £5.)
Cross-examined. I cannot tell you whether there was something like £7 at the bank when Tooley's cheque was presented—on June 1st, £10 3s. 6d. was paid in, and £6 5s. on June 2nd, and £6 12s. on the 4th, and later in the day £3 18s.—£29 9s. 9d. was paid in, and £25 4s. paid out—a cheque paid away on the 2nd might reach the Forest Gate branch on the 3rd; it would depend upon when it was paid in—£10 was paid in on the 4th, and on the 6th I debited your account with £5 for a dishonoured bill—I do not know whether your unused cheques were returned to us—this cheque for 14s. 10d. on June 7th exactly balances the account, with the charges added—we had two accounts in
the name of Adams, and we asked you to call yourself Robert Adams and Co.—a cheque for £1 10s. 5d. in the name of Dovell and Co. was presented a week after the account was closed.
BENJAMIN MARSHALL . I am a tinplate worker, of 6, Little Denmark Street—on 9th June I received this order on this printed heading—(For two gross of drop tin, Signed Robert Adams)—I executed the order and received this cheque on the London and Provincial Bank, which I paid to my bankers—it was returned unpaid, and I sent it back to the prisoner—I afterwards received this letter from him (Giving another order)—we sent him those goods, and he paid by a cheque for £3 10s. 6d., which was paid to our bankers and honoured—on 20th June we received this letter from the prisoner—(Stating that he was surprised that the cheques given them a week ago had not been presented for payment, offering to send another instead of it, and giving a fresh order)—we then supplied him with goods value £5, and received this cheque for £7 6s. written on a bill form (Dated July 30, on the London and Provincial Bank)—I paid that in, and it was returned marked "N. S."—we acknowledged the receipt on 25th July, and on the same day we sent him one gross of tins, and other tins, and two samples, and on 27th July received this cheque for £3 on a bill stamp, dated August 3rd—that was presented and dishonoured—on 11th August we received another cheque from the prisoner for £5 on the same bank, dated August 15th, that was also returned marked "N. S."—we afterwards received this letter from the prisoner, enclosing two bills for £20 and £24 3s.—(This stated that the bills were sent as collateral security)—both bills were insufficiently stamped, and accepted by a man named. French—our bankers refused them, being insufficiently stamped—up to October 20th we supplied goods to the prisoner to the amount of £47 17s. 5d., and sent him a copy of our account, addressed "Robert Adams and Co., 70, Leonard Street," which was returned through the Dead Letter Office—£3 10s. 6d. is all we have ever received from him; £47 17s. 5d. is still due—we made inquiries, and found he had gone to 6, Bethnal Green Road—I saw him there and told him the bills were valueless because they were insufficiently stamped—he said he had not seen Mr. French for several weeks, he had been laid up, and could not say anything about the matter, but if I called the following Monday he would make a payment—I was never paid.
Cross-examined. The goods were delivered on Monday, June 11, and the cheque was paid into our bankers on the following Saturday—in the meantime we had delivered some more goods—I cannot tell whether if I had paid the cheque in at the time it would have been honoured—I very likely also retained the cheque for £3 10s. 6d. two or three days—the cheque for £2 6s. was not returned till June 21—we paid in every,. Saturday, and it was returned to me on Wednesday—you called and saw me and my brother before the two cheques on bill forms were used—an agreement was not entered into between us that they should not be used, as they were on bill forms, and that you should forward a cheque on a regular form—you called on me only once, it was in August—we had considerable conversation, but it was not agreed that the bills should be held over, we had not got them—I presume the £5 cheque was sent on after—I have no recollection of your arranging to send me £5 in a few days—you promised to pay us a weekly account, and said you would not send for any goods till you had paid us the £7 6s. which was
then owing—you sent the £5, and then we sent you the other goods—after, that I called on you in Leonard Street several times—when I came I saw a shabby fellow at your door trying to get money out of you—I knew him—you may have told me he was the man who gave you my name, but I don't remember it—it is about half a mile from Leonard Street to Bethnal Green—we heard that you were arrested, and we wrote to the police, and received a letter from the solicitors next morning—no information had been given to me detrimental to your character.
Re-examined. The dirty shabby man who was asking for money was not French or Fox.
AUGUSTUS GROHAN . I am a commission agent, of 36, Milton Street—on 14th August the prisoner called on me with another man, as a buyer of odds and ends—I offered him a lot of china vases for £5 which he purchased, and paid with this cheque dated August 15th—a horse and van came next day and took the goods away—I gave this receipt for the cheque to the carman and paid it into my bank; it was returned marked "N. S."—I sent my clerk to the prisoner, but did not get the money—on 19th August I received this letter from the prisoner—(This stated, "I could not send yesterday through a serious loss, which may cause the bank to return your cheque; if so, please pay it in again to-morrow ")—I paid it in again with a similar result—on 22nd August I received this letter: "Dear Sir,—I hope to send cash down this afternoon; if I do not send down between five and six, call on Tuesday"—he did not call—I then received this: "I must offer you an apology for not calling to-day; I am afraid I cannot settle your matter till the end of this week n—I called on him several times, but only saw him once—on September 8th I received a cheque for £2 10s. on the London and County Banking Company, Shoreditch, dated the 13th—I presented that, and it was marked "Account closed"—I have never been paid.
Cross-examined. The man with you was Bennett, I think—I do not know that his is one of the largest glass-houses in London, he had spoken to me about some jugs; he paid the price of some high-priced goods.
HENRY JACOBS . I am a filter manufacturer, of 71, St. Mary Axe—about 17th August the prisoner called on me and bought goods, which he paid for by a cheque on a bill form; it was handed to me with a letter on August 28th—we are successors to Graham and Co.—(The cheque was for £7 10s. on the London and Provincial Bank, Kingsland—the letter apologised for the cheque being on a bill stamp, and stated that another would be sent next day) the cheque was postdated two days—I did not pay it in in consequence of what the manager told me—I received a £2 cheque from the prisoner and refused to accept it; it was returned to him—this is it—I have not been paid anything for the goods——on 24th September I received this letter: "Acting under advice I am informed by Mr. Bennett that you told him that the goods were stolen, that is libel. I decline to pay a penny till you withdraw or prove your statement"—I then received this letter of 25th September, stating "I enclose a cheque for £2, and you can have a like sum every succeeding Saturday, provided I receive the statement withdrawing what you have said"—my brother then wrote a letter reiterating our charge.
Cross-examined. You came on the introduction of Mr. French, who had taken offices at my place—the goods you ordered were sent to you, and brought back with a message that you had to catch a train, but if
they were left you would send the money on—I went to the bank on the day the cheque was dated, and made inquiries as it was on a bill form, and the manager said that was because he would not let you have any more cheques, and it was not likely to be paid—I did not subsequently receive from you a printed cheque on that bank in exchange for it, but Mr. French brought me a cheque of yours to cash, which I refused—he said you were a good man—I found out that the filters went to Mr. Bennett under the arches at Bethnal Green—I cannot say whether my brother demanded them back—your brother offered to pay the money if I withdrew the charge.
WILLIAM CHARLES GILBART . I am a clerk in the London and Provincial Bank, Kingsland Branch—the prisoner opened an account there on 20th June—I produce a copy of the banker's books in accordance with the Act—I find from that that from 2nd July to 31st August £119 6s. 5d. was paid in, and the same amount was paid out—I produce a certified copy of a list of 35 cheques which were returned unpaid, amounting to £174 6s. 5d., including those of which we have heard to-day—this is a copy of a letter dated 31st August sent from us—(This said that irregularities still existed in spite of his promise, and that they thought the account had better be closed, and that they returned 5s. 11d. standing to his credit).
Cross-examined. No particular stipulations were made when you opened the account—you said you could not keep a large balance, and you would therefore pay 10s. 6d. a quarter our charge for keeping the account—from 20th June to 30th August you paid in £181—a large number of cheques were duly honoured—I had no reason to doubt till we closed the account that the cheques that were paid were given in the ordinary course of business, and were to respectable firms—we closed it, on account of the large number of cheques that were dishonoured, almost immediately after Mr. Jacobs called—it was not closed on account of his representations about you; we had been thinking of getting rid of you before that—I did not see him; the manager did; he came to get information—subsequently a large portion of the returned cheques were paid—I should say about 80 cheques were paid—I cannot say if any were on plain paper till I see them—we only issued to you three cheque-books of 24 cheques each, making 72 cheques in all—some of the 35 returned cheques may have been presented a second time and paid—this cheque for 18s. 6d. to the order of the London and North Western Company was returned marked "Effects not cleared;" I find it was subsequently paid. (The prisoner pointed out that other cheques were returned marked, "Effect not cleared," and had subsequently been paid, and THE RECORDER requested the witness to look through the cheque-books and ascertain by the next morning how many of the cheques had been subsequently paid.)
Re-examined. The highest amount of the eight cheques is 30s. on 29th August, when Jacobs' cheque for £7 6s. was paid in, the prisoner's balance at the beginning of the day was 17s. 9d.—during the day he had credit for £2, which was cleared—on 15th August, when Mr. Marshall's cheque for £5 is dated, the prisoner's balance was 5s. 11d.—on the 3rd August his balance was £2 14s. 11d., when a cheque for £3 was paid in.
By the Prisoner. I don't know if each of those cheques was postdated; if it were, we should put that answer on it—I cannot tell when you sent the post-dated cheques.
Saturday, December 15th.
SEPTIMUS WILSON . I am cashier at the London and County Bank, Shoreditch—the prisoner opened an account there on 3rd September, and it was closed on 13th September—the total amount paid in was £52 1s.—11 cheques were returned, and three were presented twice—I produce a certified copy of the account, and an extract from the returned cheques book—cheques for £105 9s. 3d. were presented.
Cross-examined. Of the 14 cheques, three were presented a second time and paid—I think four cheques were returned after the account closed—this one on the 11th in favour of Mr. John Garnham, for £1, is marked "Refer to drawer;" that was paid—this of September 6th, in favour of S. Cavender, is marked "Effects not cleared;" that was subsequently paid—the account was closed by our manager's request, because it was unsatisfactory—I do not know that on the day the account was closed a detective was in and out of the bank, trying to get the manager to close the account, or that Mr. Ring, who has an account there, brought influence to bear on the manager to close it—I cannot say that the last four cheques were given after the account was closed—it is customary for a person to return all unused cheques to the bank when his account is closed—we should not close the account unless that were done—I don't know if you handed all your unused cheques to the manager when the account was closed—on the day the account was closed you drew out £3 6s. 5d.-of the four returned on that day one is Machin £1, and another Gromont £2 10s.; there was enough with a few shillings to pay those two.
Re-examined. The first of the returned cheques is Sledger's for £6 6s.—three days afterwards is a cheque to Sledger for £4; it is that cheque which was presented again, I believe—the total number of returned cheques is 14, from which I deduct 3, leaving 11 cheques dishonoured, giving the prisoner the benefit of duplicates.
JOHN WILLIAM ELD . I am in the service of the Tobacco Company Limited, 74, Aldersgate Street—on 18th October the prisoner came and gave me an order for tobacco and cigars—this is the invoice—he said he would send for the goods—during the afternoon I received this letter and cheque (produced) from him—(The letter requested delivery of the tobacco and cigars to bearer, and enclosed cheque for £4 5s. 6d. on the London and South Western Bank)—I paid the cheque in, and on October 19, before I had heard anything in reference to the cheque, the prisoner called again and gave this order amounting to £5 15s. 3d.—in the afternoon a messenger called and gave me this cheque and letter—(The cheque was for £5 18s. 3d., and the account showed that 3s. 3d. discount teas allowed)—the goods were delivered and the cheque paid in—on 20th October, before I heard of either of the cheques, I received per messenger another order for £3 18s.—a cheque was sent with that third order for £5 18s.—I gave cash £2, and paid the cheque in—on 23rd October I received a fourth order, but from something I had heard I declined to execute it.
Cross-examined. The cigars were roughly about 10s. a hundred.
EDMUND HASTLER . I am Secretary to the Tobacco Company—I received the three cheques of which the last witness has spoken—they were paid into our bankers—the first and last were returned unpaid, marked "Effects not cleared"—on 23rd October I wrote to the prisoner, and in answer received this from him—(Saying he was sorry to hear the cheques
were returned; that until he sent to his bank to-morrow he could not tell why they were returned, but that it might have been owing to an employe going off with his keys, and with what else he did not know)—next day I received another letter from him (Saying that he found the cheque for £5 15s. 6d. had been paid, and that the others had not been met, owing partly to someone's improper use of his money, and partly because some securities had not been realised, which would be done in a day or two, and that he hoped they would then be met)—a, day or two afterwards, I received another letter—(Saying that the matters he had indicated had proved a serious loss to him, but that he thought he could name Tuesday as a day on which he could settle)—on 31st October I wrote him this letter—(Expressing surprise, and saying that unless they heard to-morrow the matter would be put in their solicitor's hands)—I then received this of the 1st November—(Stating that the prisoner hoped to be able to write next day, and mention speedy settlement)—with the exception of the second of the three cheques, I have never been paid any money for the goods supplied—the other two cheques remain unpaid—the first cheque was paid in twice, and came back with the same remark.
WILLIAM STRONG . I am an upholsterer, of 5, Globe Court, Hackney—on 19th October Charles Fox called on me, and the next day he came again, and I gave him a chair as a sample; he came back about an hour and a half afterwards—in consequence of what he said I went with him, taking an oak and leather suite of furniture, two easy-chairs, six ordinary chairs, and a couch, to 6, Bethnal Green Road—he then introduced me to the prisoner, who looked over the suite well—Fox, who was acting as my agent, asked £9 for it, and the prisoner said he could only give £8—1 agreed to take £8—the furniture was put on the pavement—I followed the prisoner indoors, and he gave me this cheque—(On the London and South-Western Bank, Stepney Branch, for £8)—the prisoner wrote out this receipt, which I signed—I changed the cheque at the Globe Tavern—I afterwards received it back marked "Refer to drawer"—on 22nd October, before I received the cheque back, I saw the prisoner in his office, which was no bigger than this box—he gave me an order for another suite—on the following Friday, 26th, I took a mahogany suite covered in leather—he gave me a cheque dated the 29th, which I took to Mr. Dickson in Bethnal Green Road—he pointed out that it was post-dated—I took it back to the prisoner, and objected to it—he put a 6 over the 9—I said it looked rather funny, and asked him if he could oblige me with another, and he gave me this other,—(Dated 26th October, for £8, payable to Mr. Strong, In the corner were the words, "Orders not to pay")—Mr. Barratt cashed it for me—I delivered the second suite on the pavement outside the same place, which is an archway in Bethnal Green Road, fitted with blue windows and a door, a little counter and a partition—I did not go inside, and I did not see what stock there was—afterwards on that same day I received the first cheque back, marked "Refer to drawer"—on that same day I received this order from the prisoner for a mahogany and leather dining-room suite at £8—I went to him, and took him the first returned cheque—I asked him why it was returned—he said he could not make it out, there was plenty of money in the bank, and he added, "If you call round to-morrow between one and two I will settle up with you—I went next day with the third suite—I waited one hour and a half before I saw him—he looked at me, and said,
" What is your business, please?"—I said, "I am Mr. Strong"—he said, "You are Mr. Strong?"—I said, "Yes, I have brought the third suite round"—he said, "I have paid all my cash out to-day, and all I intend to pay to-day"—I said, "What about the cheque?"—he said, "Fox has had that'—I said, "Fox has nothing to do with me"—he said, "Will you call round on Monday, and I will settle up with you again?"—I said, "What shall I do with the suite?"—he said, "You can leave it till Monday, and I will settle up with you"—I asked him if I should bring the suite round on Monday—he said, "No, I won't give you the trouble of dragging it up; come and see me"—I took it back—on the Monday I went again—I saw him on Tuesday, 30th October; he told me that Fox had had the money, and I should have to look to him for it—on the same day the second cheque came back; then I went to the police and gave information—on 15th November I went to Emden's, at Tedding-ton—he is in the stuff-over line, a different line to mine—I there saw one easy-chair and two small chairs of my oak suite.
Cross-examined. I am prepared to stand by all I have sworn this morning—there was a double plate glass window, blue halfway up, and a mahogany door to your place—I only just went inside—I have exchanged a few more than a dozen words with you—only the first suite was sold through my agent Fox; all the business was not done by him—I have known Fox two or three years as a chairmaker—I swear he is a chairmaker; he has brought up tons of frames, three or four suites a week, to where I have worked—I have worked at several places—you had the first suite I had made since I had been in business for myself—Fox brought me to you—I am a manufacturing upholsterer—I pay 4s. 6d. a week for my premises; they are not very large—I have done nothing this week, or the week before, but I have been here, and I was at the Police-court five times—you told me you gave the money for the cheque to Fox—on 20th October Fox took a chair away—you said to Fox that you would give £8 for it—you placed the cheque on the desk, and I took it up; Fox was then outside in the street—I have seen Fox once since, that was on Saturday, when I brought the third suite round—he said, "Is this suite for Adams?"—I said, "Yes; that cheque has come back"—he said, "Has it? I did not think that. I thought the man was a millionaire"—I did not tell Fox you said you had given him the £8, because you did not tell me that till afterwards—I have not seen him since you told me that—nor have I heard anything about him—I have not tried to find him—I have not been told by a policeman or by anybody that he has gone to America—I have not subscribed to a fund to send him out of the way, nor have I heard that money has been raised for that purpose—I have not said he was an intimate companion of mine—I have known him over two years—he has not been my friend.
Re-examined. A constable told me Fox was at the prisoner's place when he was taken into custody—when Fox said "I believe Adams to be a millionaire," he added, "If you take this suite, you have the cash, or else an open cheque"—that was all he said, and I have not seen him since—that was in reference to the third suite—the prisoner had not then told me that he had given the money for the cheque to Fox.
CHARLES CLARK . I am in the service of the last witness—on 26th October I delivered a suite of furniture at the prisoner's premises—Mr. Strong was with me—I left it on the pavement outside—I did not see the prisoner.
Cross-examined. It was about 10. 30 a. m.—it was a mahogany suite—I have not seen Mr. Fox for five or six weeks.
ROBERT HOLMES . I am a chairmaker, of 70, Scarsdale Road, Old Ford—I have done business with Fox—I met him on 25th October—I had a sample chair with me, and he took me to the prisoner's place and introduced me to him—he looked at the chair, and agreed to buy the suite for £3 10s.—Mr. I delivered it to him the same day, and he gave me this cheque for £3 10s.—Mr. White cashed it for me and I shall have to pay him back—on the same day the prisoner gave me another order, to put in hand two suites for him, but I did not deliver them—on 15th November I saw one chair, part of my suite, at Mr. Emden's shop, at Teddington, and he said that the rest of it was at his workshop; I did not see the lot.
Cross-examined. I had not done anything with Fox before; I don't like him; he insulted me fourteen years ago—you called on me and asked me the address of the person who cashed this cheque, and I gave it to you.
WM. HAYNES . I am a carman, of 37, Cronthall street, Hoxton—on 26th or 27th September, by the prisoner's directions, I moved eight oak and leather chairs and a couch from the front of the prisoner's premises, outside, to 281/2, Spital Square, Mr. Emden's, and some days afterwards I removed a suite in velvet from the same place to the same place by Adams's directions.
Cross-examined. I have done business with you for fifteen months, and did about three little jobs a week for you; it only came to 6s. 3d. a week—I once took some crockery, and you gave me the cash to pay for it—I have often seen two or three large crates weighing fifteen or sixteen cwt. outside your door, which would not go in, and you had to unpack them outside—I have taken goods in for you, to obviate the necessity of unpacking them on the pavement—you have recently taken the premises at Bethnal Green—there is a long arch at the back under the railway.
SOLOMON EMDEN . I am a job buyer, of 281/2, Spital Square—on 20th October I bought an oak and leather suite of the prisoner for £4 4s., about four p. m.—this is the receipt for it—a carman delivered it at my place—I sold it to my brother at Teddington about eleven days after—on October 26th I bought of the prisoner a drawing-room suite in velvet for £3—Mr. Haynes delivered it, also twenty-three common wooden clocks, which I sold in the street; I have a stall on Sunday mornings.
Cross-examined. I offered you £4 4s. for another suite which I saw on Saturday at your place, which you took and gave me a receipt, and I said that you could have it back on Monday for £4 10s., and it was at my place eleven days afterwards—I frequently called at your place during the last eight or nine months, and have seen a considerable amount of china and glass, both inside and on the pavement—I have bought complete cases of goods of you just as they came from Belgium—I should not have continued doing business with you if I had had the slightest suspicion you were getting goods in an irregular way—I did not see you on the Monday—you never asked for the suite back—you told me on the Tuesday afternoon that you could not get into your place, as the boy had run away with your key, but you said nothing about the furniture—your place is eight or ten minutes' walk from me.
Re-examined. There is not a word of truth in the prisoner's statement that he proposed to buy the furniture back——I should not have declined
to do so if he had asked me on the Tuesday—he did call on me that day.
JONATHAN MARSHALL BOOTH . I am an agent, of 10, Charterhouse Buildings—on 9th October the prisoner called on me—I had received an order from him through my traveller, and he said that if I was prepared to do business with him, he would pay cash for the first transaction, and afterwards pay weekly—I sent the order to the house at Birmingham, for whom I am agent, and the goods were sent from there to his place; this is the invoice—(For cruets and other plated goods, amounting to £19 11s. 3d., less 50 per cent, discount, £9 15s. 7d.)—it is made out in my name—the prisoner sent me £3 in cash, and a cheque for £5 18s., which I paid in, and it was met—the difference was that several items were not sent in, and the amount was deducted—on 11th October he bought 31 dozen carpet brooms at 10s. a dozen, £15 10s., which was afterwards reduced to £12 10s. for cash—he gave me a cheque for £5, which was met, and on 22nd October a cheque for £7 10s., dated October 27th—if that had been met it would have cleared the account, but it was returned, marked "Refer to drawer"—on 16th October I sold him six clocks for £3 14s., and delivered to him a carriage timepiece on approbation, which has not been returned—on October 17 he purchased some electro-plated articles and three clocks, coming together to £5 3s. 6d., and on October 25 I sold him six other clocks for £4 16s. 6d.—on October 29 more clocks for £6 15s., including three copying presses—on October 31 I sold him another timepiece for 9s. 6d., which he said he wanted specially for a customer—I have seen that since in Mr. Bellamy's possession, a pawn—broker at Kingsland—on the same day the £7 10s. cheque was returned, and I saw the prisoner about it—he said that he could not explain it, but he gave me a cheque for £4 3s. in part payment, dated October 30, made out to Mr. Wm. Dickenson or bearer, and said he would give me the rest in a few days—that was returned marked "Refer to drawer"—on Saturday, November 3rd, I called at his place about the account, and he asked me to come round at 2 p. m., and he would give me some money, and while I was there two detectives came in—he called at my place several times and said that he would pay, but I never could get anything out of him—I have never received any money from him—the police took me to Mr. Bellamy, the pawnbroker in Whitecross Street, where I saw a clock which I had delivered to the prisoner on the 17th, and another clock which he said he got at the special request of a customer—other clocks which I had supplied to him were shown to me at the Police-court.
Cross-examined. I may have told you on the 19th that I was going to Whitby next day to see one of the firm, and was anxious to get as much money as I could, and pressed you for money, and the cheque for £5 was given—I was back from Whitby and at business on Monday morning, October 22nd, and went to your place and asked you for more money—I do not know whether it was that morning, but one morning about eleven o'clock I found you standing outside your place, which was locked up—you afterwards said that you were kept out two days, and when you got possession all your stock had been cleared out, and the electro-plate stolen, and that you had reported it to the police.
ALBERT BROWN . I am assistant to Mrs. L. S. Reeve, a pawnbroker, of Whitecross Street—on October 18th the prisoner pawned this clock (produced) for 2s. 6d., in the name of John Adams—Mr. Booth came and saw the clock—this is the duplicate.
WILLIAM ARTHUR BELLAMY . I am assistant to Mr. Sinpend, a pawnbroker, of Kingsland Road—on October 31st a clock was pawned with me for 4s. in the name of John Adams, 71, Leonard Street—this duplicate found on the prisoner is the one I gave, but I do not identify him.
WALTER JOHN SMITH . I am Secretary of the Temperance Athletic Club, 6, Tremlow Street—on October 7th I went to the prisoner's shop—he had told me he had two clocks for sale, and I thought they would do for some prizes which I had to give away in a competition—he asked £6 for them; I said that was too much—he said he was rather pressed for money, and I gave him 25s. and 5s. he owed me—I took them home and had them valued, one at £2 10s. and the other at 35s., by a watchmaker, and when I came home at night a policeman had taken them away.
Cross-examined. You had not intimated that you would take less than £6—I said that I would pay you the balance, £4 10s., next day if they were worth it—last July was the first time I did business with you—my brother-in-law, John Garnham, of Hoxton, who had laid out large sums of money with you, introduced you to me—I have sold you cigars—there was no secret about your moving to Bethnal Green; you came and told me you had moved there—you supplied my nephew with two or three over-mantels, but not with a dining-room suite to my knowledge—I called on you more that two months ago, and you had a severe cut on one eye and one arm in a sling, and you told me you had been set on going home, by several men, and knocked about, because you refused to do business with them, and they had robbed you of several things, which they put back into your letter box, as they were no good—you did not say that these pawntickets were put into your letter box—you sent a man to tell me that your lad had stolen your keys.
Re-examined. I bought a pawn-ticket of the prisoner relating to 500 cigars pawned for 50s.—I gave 4s. for the ticket, and the interest made it 11s. a hundred—he told me he was robbed, twice—he said some men made him tight, and he was robbed going home, and next morning he found the pawn-tickets in his letter-box—the tickets for the cigars were four months ago; the last lot of cigars I bought for cash.
JOHN HALLA . I am in the service of the Furtwangen Clock Company, 3, Clerkenwell Road,—on 23rd October, at 10 a.m., I called at the prisoner's place, and again on 24th October—the place was opened while I was there—Mr. Evans came at 10.20; it was shut till he opened it—the prisoner had bought some clocks, value £6 19s. 11d., at our place on the 23rd; this is the invoice—we supplied him with four clocks and other things, value £7 13s. 7d., on the 25th, for which he gave a cheque for £7 9s. 6d., dated October 29th, on the London and South Western Bank—it was returned marked, "Requires official endorsement"—it was not presented a second time—before the date of that cheque he had given another order for clocks, value £28 or £30, which were not delivered—I then received this letter. (Dated October 31st, and stating he had made a mistake in spelling the witness's name, and requesting him not to pay the cheque in)—I have identified four clocks at Russell's, the pawnbroker's, as those supplied to the prisoner.
Cross-examined. You have always done business with my principals, but I delivered the clocks and you gave me a cheque, which was paid—you then bought more clocks, and I accepted the cheque post-dated—I know that a parcel of something like £40 worth of clocks was offered to
you for £28—my principal said that you would give a cheque or a bill at a month.
SIDNEY TAYLOR . I am in the service of Mr. Russell, a pawnbroker, of 10, Shoreditch—on 26th October four clocks were pawned with me by Robert Adams for £2 2s.; he showed me the receipt for them—I do not remember in what name it was—I showed them to Mr. Halla—this is the contract note.
Cross-examined. I have a distinct recollection of your pawning them—you asked me not to place them far away, as you had got a customer for them the next morning, and it was urgent that you should pay a few pounds into your bankers that afternoon—during the last ten or twelve months you have frequently borrowed money of me, and it has always been repaid within a few days—I have never had any goods left on my hands unredeemed.
W. C. GILBART (Re-examined). I have prepared the list; it contains 35 dishonoured cheques; 9 of which, amounting to £10 odd, have been represented and paid, deducting which, the amount unpaid is £135 4s. 7d., including two dishonoured acceptances—from 27th June to 11th September we have 44 entries of dishonoured cheques—the acceptances were Mr. Bennett's, for, I think, £10 and £10 15s.—cheques were presented after the account was closed; but I cannot say whether they were drawn afterwards.
Cross-examined. The account was closed on 31st August; the cheques presented afterwards were for £3 12s. 2d., £1 5s. 8d., and £5 8s.—I have an entry of a cheque for £5 8s. on 12th July, which may have been the same; it was not counted three times over—at the commencement of the list I find Thomas and Co., £5; and on 11th July I find the same cheque presented—a cheque for £7 was paid to Bennett on July 2nd, and another was returned—a lot of cheques were on plain paper; that was one of our complaints against you—a £7 1s., cheque was presented twice; that has been deducted—£135 4s. 7d. is the net amount after the duplicate cheque was deducted; the £7 cheque was on the 2nd, and the £7 1s. on the 4th—on the evening of July 4th you had a balance of £13 14s. 1d.—you commenced the day with £6 16s. 1d.—we returned cheques that day amounting to £14; presumably you had given us cheques to clear—on the 5th we returned you £6 6s., which reduced your balance to £7 8s. 1d., and of course what you had paid in on the 4th was still uncleared—it would take three or four days to clear it—we had got £14 of yours, and in two days you drew £28—sixty-five cheques out of seventy-two have been paid.
By the COURT. During the time the account was open the amount paid in was £174 19s. 1d., including acceptances—I worked the figures out this morning.
ARTHUR JOHN ALCOCK . I am manager of the Stepney branch of the London and South Western Bank—on 15th October the prisoner opened an account there in the name of Robert Adams —I did not know he had had an account at the Forest Gate branch—separate branches of a bank are as distinct as different banks—about a week before I had a communication from Forest Gate saying that the prisoner had had an account there which had been irregularly conducted, and cautioning me—the prisoner paid £10 in—I sent this letter on 25th October—the account has not been closed yet—there is a small balance, but there has been no
operation on it since 2nd November—altogether £107 3s. 5d. was paid in and £105 9s. 2d. paid out, leaving £1 14s. 3d. to prisoner's credit—between 16th October and 2nd November seventeen cheques, representing £65, have been presented and refused, that is after deducting duplicates—thirty-three cheques were paid and honoured to the amount of £105 odd—this cheque for £80 was presented—there were sufficient effects to meet it, but they were not cleared—this cheque for £5 18s. is marked "Effects not cleared," this for £8 "not sufficient," this for £8 "orders not to pay" T. Holmes, £3 10s. "not sufficient funds," £4 3s. "not sufficient funds," £7 9s. 8d. "endorsement not regular"—there were not funds enough to meet that last one; there was only £5 13s. 3d.—two other cheques were cashed that day—I received this letter from the prisoner of October 29th asking us not to pay certain cheques of which he gave the numbers, names, and amounts—I wrote this letter to him. (Asking him to conduct the account more regularly, as eighty cheques had been returned)—I then received this letter from him. (Saying that he found his losses had been much heavier than he anticipated, as he had nearly been ruined by a gang of swindlers who had obtained cheques; but that he should be able to set matters right soon.)
Cross-examined. Up to 19th October £35 11s. 6d. had been paid in; on that day you paid in £13 11s. 6d.—part of that was a bill for £4 12s.—. we had paid as against your credit on that day £37 3s. 5d.; that showed your account was overdrawn £1 11s. 9d., and also we had paid as against the £4 bill, practically letting you overdraw to the amount of £6—the next day, the 20th, £7 in cash was paid in and only 9s. 6d. drawn out; and on 22nd £10 was paid in, £6 in cash and Pearce's acceptance—we should reimburse ourselves for the overdraft at once, of course, out of the moneys you paid in—on 24th October an acceptance of a customer for £4 10s. was debited to the account, and on the next day another acceptance of £4 10s.—that resulted in the return of several of your cheques—if those bills had been honoured there would have been plenty of money to pay those cheques—there is still 24s. to your credit, the account has never been closed—Walter Houghton's cheque was returned because it was post-dated; you had £4 on the evening of 20th October—two or three cheques have been presented two or three times over; I have allowed for them—you stopped four of these cheques, although there was money to meet them—your account was only open sixteen or seventeen days; in that time you paid in £105—my cashier opened the account—he informed me you could not keep any balance, and we should charge the account accordingly—on October 15th the balance was £10, on the 17th £1 14s., then you overdrew, and there was no balance till the 20th, when you had £4 18s. 9d.; on the 21st you had £3 3s., on the 22nd £11, on the 23rd £6 11s., and two days after £7, and two days after £5 14s.—practically as long as you had the account after making up the overdraft you had a balance, because there were certain bills in course of collection that were not cleared—immediately they were due, if not paid at that moment, they were put to your account—we never had to wait for funds to pay a dishonoured bill, because we had not parted with the money.
Re-examined. Supposing all dishonoured cheques had been cashed, the account would have been overdrawn to the amount of about £65.
of November, 1887, the prisoner took those premises as tenant at 10s. per week—there were shop and back parlour on one floor—he gave a reference to Mr. French, to whom I wrote—I received this answer. (Saying he had known Mr. R. Adams about six years, and had sufficient faith in him to send him goods up to £50 or £60, and that no doubt he would be found all that could be desired as a tenant)—he gave me a month's notice on 10th September, 1888—there was then seven weeks' rent, about £3 10s., owing—I put up a partition and shelves and a counter for him; I paid for them—there was an agreement between us that he was to pay me for them when I had put them up—he paid me some of it by instalments; he owes me now £4 6s. 10d. for the fixtures in addition to the rent—on December 28th he gave me a cheque for £6 10s. on the Central Bank—I paid that into my bank; it was returned unpaid—on 26th March I received a cheque for £2 which I paid in; it was returned unpaid—on 2nd July he gave me a cheque on the London and Provincial Bank, Kingsland branch, for £1—those cheques were afterwards paid in one or two instalments—I have on one or two occasions been to 70, Leonard Street, and been inside—sometimes there have been goods there—when he first took the shop several portmanteaus, fitted dressing cases, and fancy coal scuttles, china, scented soap, and tons of all kinds of goods went into the shop—I never saw any clocks—I threatened to distrain when the rent was not paid, but I did not because it was not worth while; goods were not there to distrain on—generally the things delivered remained a very short time on the premises—I have two or three times seen the packing cases opened outside the shop and unloaded, and the things carted away—I have seen goods in the shop in the morning and gone in the afternoon—I have seen the prisoner's boy taking the things away on a barrow.
Cross-examined. These cheques have all been paid—I came to Leonard Street five or six times a week; my regular day for calling was Monday morning—I don't think you paid £5 or £6 for the gas fittings, because the man showed me a cheque for 35s. or £2 which you gave him—I don't know if this was the whole of the amount—after the fittings I made, I did work which came to £12 16s. 10d.; the whole of that except £4 has been paid—I took possession of all the fittings after you took them down, because you owed me £5 for rent—I have the gas fittings and everything—you were not 100 yards from my door—you did not attempt to run off.
ALFRED WADHAM . I am a receiver of rents to the Great Eastern Railway Company, and I act as land agent—I have the letting of the Bethnal Green Arches, among other of the company's property—on 30th August I received this letter from the prisoner asking the terms of No. 6 Arch—I sent a clerk to show him over the premises—on 1st September he became our tenant at £35 a year rent, the first payment to be made on 29th September, and subsequently on each quarter day, subject to a month's notice to quit—on 29th September the first rent was not paid—the day before he wrote saying that one of the company's clerks had been to him complaining of the smallness of the traffic he was sending over the railway—the arches are used as stores, and part of the bargain was that he should send as much as he could over the railway—on the 29th I wrote asking him to let me have the rent due in eight days—on the 8th October I received this letter. (Stating that he had met with a serious accident, that it would be some days before he would be out, but he would
see that a cheque for the rent was sent at the end of the week)—a padlock was put on the back door for him—I never received any rent from him—on the 13th I received this letter from him. (Stating that he had been able to do nothing all the week, but he hoped to be up on Tuesday when the matter should have his attention)—on the 26th October I served a notice to quit.
Cross-examined. This (produced) is the agreement upon which you took the premises—you did not write complaining that a threat of not passing enough traffic was held over your head, and that you would be turned, out unless you could introduce more business—you complained that a padlock had been put on the back of the arch—it had been open, but it was closed against you—it was considered undesirable that you should use it—you aid not tell me that unless you could have that open the premises would be practically useless to you; you said you could not get the things in at the front door.
STEPHEN LEACH (Detective H). On 31st October Strong came to the station and made a complaint, and on 2nd November a warrant was issued for the prisoner's arrest for obtaining furniture by means of a false cheque—on 3rd November I went with Inspector Reed to 6, Bethnal Green Road—we found the prisoner there, and read the warrant to him—he said, "That man Strong take a warrant for me?"—I said, "Yes, for obtaining two suites of furniture on the dates, and cheques were given which have not been paid"—he said, "One of the cheques has been paid; Fox had the money for that; I only had one suite"—French came in and Fox afterwards—Reed had a conversation with them in the prisoner's presence.
EDMUND REED (Police Inspector). I was with Leach at the prisoner's arrest—inside the premises I found nothing but these tin boxes and a quantity of papers in empty cases, which were afterwards handed to Mr. Muskett—a carpenter came in and wanted his money—he said he had made alterations, and put partition work up, and had not been paid; in fact, a lot of people kept coming there and asking to be paid—I was there for an hour and a half—this piece of paper with "R. Adams" was up there—I said to French, "What are you doing here?" he was very ill; we had to send for brandy for him—I said to Fox, "Are you mixed up in this?"—he said, "I came for some money"—I left them there while I went to the station with the prisoner, and when I came back Fox was gone, French remained there—Fox heard the charge against the prisoner—he did not say anything to Strong—the prisoner said nothing to Fox as to Strong—the police-station is 400 or 500 yards away—here are the occurrence books of the station for October and November—there is no entry in them of the prisoner having been robbed or his premises being broken open, or anything taken from them—he has never made any complaint of any outrage of that sort.
Cross-examined. Any application for protection or assault would not be entered here; it would appear in the charge book.
Re-examined. A complaint of valuable property taken would be entered—we have received no such notice—we heard of a row and assault, but that was from the creditors going there and punishing him, and making a disturbance; I was informed that that was how he received the injury to his eye—he made no complaint of robbery when arrested, he did at the Police-court.
By the Prisoner. I did not say to you, "Your game is up, you have done time for this before"—I did not know at that time that you had done time before; I know it now, and am prepared to prove it—I don't remember you saying when I read the warrant, "It is an infernal lie"—you did not say of Fox, "That is the vagabond that has had my money," nor did I say, "I know him well enough, we can always find him"—the carpenter did not bolt out as soon as he saw me—you did not say, "I only had one suite of furniture, and gave Fox the cheque"—I did not say I had had Fox before for selling a 5s. piece gilt for a £5 piece—I had had him for that charge—he is a friend of yours—I did not know the carpenter at that time—I did not tell you that I had had him in custody for stealing some hats.
HERBERT GEORGE MUSKETT . I am a solicitor acting in this prosecution on behalf of Messrs. Wontner, Treasury agents—I received into my possession from Leach and Reed a large quantity of papers, which I have examined—in this diary I find entries on 23rd October of goods having been received, and on 22nd an entry of the name of Mr. Ames, of 27, Fenchurch Street—on the folio of 10th or 11th September I find a piece of paper, which appears to be a receipt for some clocks and other things from Mr. Booth—on 23rd October I find that three letters have been press-copied—I find among these papers cheques and banking-books referring to thirteen different banks in addition to those already given in evidence; they begin in September, 1886, and go on to 15th October, 1888—an account in the same writing as the prisoner's was opened at the National Provincial Bank, Aldersgate Street, in the name of John L. Kay —I have the counterfoils here in the same writing as that on the cheques given in evidence to-day—the accounts are in four different names: Robert Adams, Robert Adams and Co., Robert Lewis, and John L. Kay—I find a great number of letters of complaint, referring among other things to crockery, glass, and earthenware not paid for—I have been in communication with the persons; I have confined my attention to this year—these are the papers—I have written to the different persons whose names appear, and have" received from them letters apparently written by the. prisoner—I have compared the answers with the letters and the different cheques, and they appear to be in the same writing—the amount of cheques returned dishonoured since January this year is £194 11s., apart from those that have been given in evidence—in the cases that have been given in evidence the cheques represent £106 and the goods £138.
Cross-examined. I have the cheques in my possession as proof that they have not been paid—I have received them from the persons who held them—I did not find them among the papers—the parties who held them informed me they had not been paid; I have their letters to prove it.
GEORGE BROWN . I am assistant warder at Her Majesty's Prison, Holloway—on 22nd June, 1885, at this Court the prisoner was sentenced to twelve months for fraudulent bankruptcy—his Lordship tried him, I believe—on 28th March, 1887, at this Court I believe he was tried by his Lordship the second time, and had six weeks for the same offence—on each of those occasions he went in the name of Robert Lewis .
Cross-examined. I believe the sentence was afterwards dated a month back, to the Sessions before—I was not present at the trial—I believe I received you into custody—I believe both trials were as to the proceeds
of the same bankruptcy—I think the Judge made some comment, and said he should pass a very light sentence on you.
J. M. BOOTH (Re-examined by the Prisoner). I was present when you were arrested and heard the warrant read—I do not remember your saying that Inspector Reed was an infernal liar—you said that the publican who changed the cheques had threatened to take proceedings against you, but I don't think you gave that explanation to Mr. Reed.
The Prisoner, in his defence, stated that the prosecutors were endeavouring to obtain a verdict against him more by statements than by evidence—he complained of the absence of Fox, and contended that there was no evidence of fraud, and stated that he had endeavoured to carry on honest business, and that the only reason his cheques had not been met was that some securities which he had paid to his bankers had not been realised, and that he had given some of the witnesses the option of taking the cheques or having the furniture back.
NOT GUILTY .
Before Mr. Common Serjeant.
MR. LAWLESS Prosecuted.
WILLIAM TRUNDELL . I am a labourer, of 74, Victoria Dock Road, Canning Town—on Saturday, 1st December, about 11. 15, I was in the Barking Road, and saw a disturbance between a man, a woman, and two young fellows—I crossed to see what it was, and stood looking at the row, and the prisoner walked up to me and took my watch and chain from my pocket—I caught hold of him—he put his hands behind him—I put my arms round him and my hands behind him, and tried to get the watch—he had several pals, one of whom took the watch—I broke three pieces of the chain from his hand—they tried to get him away, and one of them hit me very severely on my ear—he tried to get away; one of his mates threw my arm from his neck, and he ran across the road—I caught him again—I did not lose sight of him from the time he took the watch till a constable took, him—during the disturbance Pearson came up and laid his hand on the prisoner's shoulder, and one of his mates hit Pearson on the head and knocked him down—my watch and chain were worth £2—I have not seen the watch since—I knew the prisoner before by seeing him about Canning Town—the constable picked up these bits of my chain on Monday morning:—these two other bits I broke from his hand during the struggle—the chain is metal, the seal is gold, and the watch an English lever—it happened in front of a lamp—my hands were round him, and his face towards me.
WILLIAM PEARSON . I am an engineer, of 10, Suffolk Road, Plaistow—on Saturday, 1st December, I was in Barking Road at 11. 15 p. m.; I saw a crowd opposite the Ordnance Arms; a man shouted out, "I shan't loose you till you give me my watch"—I saw the prisoner struggling desperately
to get away from Trundell—I have no doubt of his identity—I shouted, "Hold him tight"—I put my hand on the prisoner's arm, when someone dealt me a blow from behind and felled me to the ground—I got up again and went across the road to the crowd, who had moved away from where I was knocked down—I saw the prisoner struggling again with Trundell, but I was unable to get close to him—I managed to get partly through the crowd, and when the constable came I shouted," You have got the right man"—I did not know the prisoner before—there was no lamp just where we were; it was about twenty yards off—the night was not so dark but that I could see the prisoner's features—I got right up to him and looked in his face when I had my hand on his arm.
Cross-examined. I did not see you steal the watch—I was on the ground when you escaped across the road.
JOHN HAMMOND (Policeman K 613). About 11. 45 on the 1st December I was in the Barking Road, and saw Trundell holding the prisoner; he said—"I give this man in charge for stealing my watch and chain"—he showed me these pieces of the chain, which he said he took out of the prisoner's hand—I told the prisoner I should take him into custody for stealing the watch and chain—he said he knew nothing about it—I took him to the station—there was a great crowd there—I saw Pearson there—in answer to the charge the prisoner said, "You have made a mistake"—I went back to this place opposite the Ordnance Arms about 4 a. m., and found this seal and bit of chain close to the kerb, and near where the struggle had taken place.
The Prisoner's Statement before the Magistrate. I don't know nothing about any of them.
The Prisoner, in his defence, said he was there as the crowd came along, and a man caught hold of him and said, "I know him well by being in the Salvation 'Army,' this is the man that stole my watch," and he denied knowing anything about it, and having been in the Salvation "Army. "
W. TRUNDELL (Re-examined). I have seen him two or three times a week in the Salvation" Army. "
GUILTY . —He then pleaded guilty to a conviction of felony in January, 1887— Eighteen Months' Hard Labour.
The Court commended Pearson's conduct, and awarded him £1.
Before Mr. Justice Hawkins.
MR. POLAND and MR. MEAD Prosecuted; MR. LOWE Defended.
EMILY SPICER . I live at 3, Misteer's Buildings, Rotherhithe, and am the wife of James Spicer, a coal porter in the docks—on Tuesday night, 23rd October, about a quarter-past eleven, I left home to fetch my husband's supper—I had to pass the King and Queen Granaries—I saw the four prisoners in the road, and overtook them—I was walking rather fast—Bilbao got hold of me by the shoulder—I got away from him and screamed and ran—I met my husband just outside the Bull and Half Moon public-house—as I was speaking to him the prisoners came up to us—I stood in
front of my husband—Yturbe stood in a stooping position, put his hand to his side, and said, "You are one Englishman"—I screamed" Police" and" Murder," and went into the Bull and my husband too—that was all I saw—Yturbe had a parcel under his arm, I could not say as to the others.
Cross-examined. The prisoners were in the road, I was on the path, going towards the Surrey Commercial Docks—they were singing—it is rather a dark spot, and it was a foggy night—Bilbao caught me by the shoulders, he did not hurt me—I saw my husband before I got to the public-house—I met him coming out—none of the other prisoners interfered with me—my husband never spoke to them, he never offered to move—I did not hear Yturbe say," I speak nothing for you, I am one Spanish and you are one Englishman"—I could not understand more than" You are one Englishman"—I could not tell whether they were smoking, I could not say whether Yturbe had a pipe in his mouth, I saw no pipe—I screamed more than once—the prisoners came all round us, and I then screamed "Murder" and "Police"—I did not see Grigg there or Cheal—I believe he stood at the back of me, but I did not turn round to see—I heard him say he was stabbed a few minutes afterwards—I know Perkins, I did not see him there, or Haynes—my husband ran away and left me—he went for assistance—I screamed because I was frightened, seeing four foreigners round me; I was quite stupid afterwards with the fright—there was no quarrel or assault to frighten me.
JOHN SPICER . I am the husband of the last witness—about a quarter past eleven on 23rd October I was in the Bull and Half Moon—Perkins, Cheal, and Haynes were there, I can't say about any other—I left, and when I had got about twenty yards from the door I heard a woman's scream, and my wife came up to me and said something—soon after the four prisoners came up, following her—she pointed Bilbao out to me, and said something about him—I did not speak to them—I saw Madariga throw down a little brown paper parcel, it seemed like crockery; it smashed, and he put his hand to his pocket and withdrew something, I can't tell what—one of them, I could not say which, said "You are one Englishman"—they all got round me, I got away as quick as I could, and went back to the public-house, and the screams brought assistance—my wife followed me as hard as she could.
Cross-examined. I was back at the house about a second before her, it is not above forty yards from the place—I know Grigg by seeing him, I never saw him before I saw him at the station-house—I won't swear he was in the public-house, or Dunkling and Walter—when I came out the prisoners were round my wife; I think they were threatening her, she showed me the one that first got hold of her—I did not speak to him, I had no chance, they all four surrounded me, I got away as quick as I could or I should not have been here, I dragged my wife with me as well as I could—another man got there before she could get away—I don't know who it was, they tell me it was Mr. Cheal—I could not say whether the prisoners were smoking, I noticed no pipe.
GEORGE CHEAL . I live at 20, Purnell Place, Rotherhithe—on 23rd October I was in the Bull and Half Moon—about a quarter to half-past eleven I heard screams of "Police" and "Murder"—Grigg called me; I went out and saw the prisoners about thirty yards from the public-house—two or three neighbours were called out with me—I saw Bilbao come round
on his hands and toes towards me, and I saw him pull his hand back and I saw he had a knife in his hand and he made aim at my privates, I turned round and he stabbed me in the thick part of my thigh—the other prisoners were there, all together—Mrs. Spicer was standing at the corner of the pavement—I sang out that I was stabbed—I lost the use of my leg—as I went to get back Yturbe made at me and attempted to stab me with a knife—I saw the knife—he did not strike me; he was guarded off by Dunkling—he was coming toward me with his hand up—I stood there; the prisoners ran away—I was bleeding very much when I got into the public-house—the blood was all at the top of my boots—I was attended by Dr. James, and have been laid up ever since—I have not recovered yet—I did not notice any parcels.
Cross-examined. Grigg called out, and I and Haynes and Perkins all went out together—Walters was there when we got out—I can't say that Miller was there, Dunkling was—there was not a free fight going on then—I believe that was after I was stabbed—I did not see any of the prisoners knocked down—I saw no blows—at the station I saw their heads bleeding—when I first got out I saw Mrs. Spicer and the four prisoners round her—Bilbao is the one that stabbed me—he was not on the ground when I got there—I can identify two of them; the first two, not the other two—they broke away and ran towards the dock gates, and the others after them, when they found I was stabbed—I did not strike anyone, I was no sooner on the spot than I was stabbed.
EDMUND GRIGG . I am an engine driver, and live at 250, Rotherhithe Street—on the night of 23rd October I was at my own door and saw a woman screaming—I did not know who she was at the time, I now know it was Mrs. Spicer—her husband was near her—I went to the Bull and Half Moon for assistance, that is 25 or 30 yards from my house—Cheal, Perkins, and two other men came out—the four prisoners were surrounding Mr. and Mrs. Spicer, they had knives in their right hands, the blade was something like 5 or 6 inches long—I had not done anything to them before I saw the knives—they started to use the knives, and of course I used my fists—Sarrabe drew his knife and made a go for me, he attempted to stab me—I struck him, and they ran away—I afterwards found that Cheal had been stabbed—Haynes, Perkins, and I then ran after the prisoners, they ran towards the dock gates, they could not get in, the gate being closed—they ran on and used the knives again, but in the mêlée I could not say distinctly which, I know that Sarrabé stabbed me in the left shoulder—the police came up at the time, and he was taken in charge—I was prevented from working just on a fortnight.
Cross-examined. It was after I heard the screams that I went to the Bull—I was not in the house when I heard the screams—if Walters says I was there it is not true—when the men could not get in at the dock gates some of them ran back—if I said at the Police-court that they were driven back it must have been a mistake, it was at the side of the dock gates that Sarrabé stabbed me—I had hold of him at the time—I did not strike the prisoners before I saw the knives.
HARRY WALTER . I am a labourer, and live at Rotherhithe—on 23rd October, about twenty minutes past eleven, I was in the Half Moon with some friends—Spicer went out first—soon after Grigg came in I heard a female scream "Murder" and "Police," and I went outside with Dunkling, Perkins, and Haynes—I went to the place where the screams came from,
and saw Spicer and his wife, and the four prisoners; they were jabbering in their language—I saw Bilbao draw a knife and stab Cheal in the thigh—he got up to him on his hands and toes—I saw knives in all four of their hands—I assisted Cheal to the public-house, and helped to tie his leg up—I saw nothing done to the prisoners—after a short time I went towards the dock gates, and saw Perkins, Haynes, and Grigg, they had been stabbed—I took Haynes to the police-station on a barrow.
Cross-examined. Spicer, Cheal, Dunkling, Haynes, and Grigg were in the public-house—I don't recollect Grigg going out; I recollect his coming back and calling for assistance—Miller was standing outside—at the time I got to the dock gates they had very nearly all cleared away—I was not called at the Police-court; I was there—I saw Bilbao crawling on his hands and toes about five' or six yards towards Cheal—he was not above two yards from me—I saw the knife in his hand, I could not get a chance to stop him—I was among the other people, we were all in the crowd, moving and scuffling about—I saw no fight.
HENRY DUNKLING . I was at the Half Moon, and left to go home—I heard a woman scream, I went back to where it was, and saw the four prisoners—I got knocked down by Sarrabé—there were about seven people there—I was kicked when I was down, I can't say by whom—I did not see any of the other prisoners then—when I got up I heard Cheal cry out that he was stabbed—I went and assisted him, and I saw Yturbe make a second attempt to stab him—he had a knife in his hand—I could not say whether any of the others had knives—I did not see what took place at the dock gates.
Cross-examined. I could not say whether Sarrabé had a knife in his hand when he knocked me down—I did not see one, there was no scuffling going on when I arrived—Sarrabé knocked me down without any provocation.
J NO. PERKINS . I live "at Rotherhithe—I was in the Half Moon when Grigg came in for assistance, as four foreigners were molesting a woman.—I went out and others followed—I did not notice Mr. and Mrs. Spicer when I got out—I saw a mob, and Dunkling was on the ground, and the foreigners around thumping him—there was a bit of a set-to, a bit of a rough fight—I struck the prisoners because they were ill-treating Dunkling—I found afterwards that Cheal had been stabbed, the prisoners ran away, and we followed after to the dock gates—they could not get in, and they came back with their arms up, and I went for them; I had a hit or two at them and I was thrown on my back, kicking, and when I got up I found myself stabbed in three places, at the back of the ear, the wrist, and one just under my left breast through my coat and jacket—I don't recollect seeing any knives—the prisoners were all on the top of me when I was stabbed—I was under the doctor's hands for about a fortnight.
Cross-examined. The first thing that induced me to go out was Grigg calling—he came to the door and said, "There are four foreigners molesting a woman," and then we all rushed out, and seeing Dunkling on the ground, and the prisoners round him, I made for them—I gave them as much as I could—there was more of a scuffle at the dock gates than there was at first.
of the dock gates, when I heard cries of "Murder" and "Police"—I saw Perkins lying on his back, half on the pavement and half in the road, and Bilbao and Sarrabé near him, each with a knife in his hand, standing over him.
Cross-examined. I struck one of them—I took Bilbao by the collar and knocked him down—I did not like to interfere with the knife—the other one was near on me—there were about half-a-dozen people present besides Bilbao and Perkins.
EDWIN THOMAS HAYNES . I was in the Half Moon when Grigg called us out—I saw the four prisoners with four knives—I saw Yturbe make a dart at Perkins, and I stopped him—I saw Madariga with a knife in his hand—I did not see him do anything—the prisoners ran towards the dock gates—I seized hold of Yturbe—he struck back at me; he had no knife then—we had a fight together, and a few yards from there Sarrabé stabbed me in the shoulder—I was attended by a doctor, and was prevented working nearly three weeks.
Cross-examined. There was no fight going on when Cheal was stabbed—at the first start all the four prisoners had knives; they were a kind of daggers—it was dark; you could hardly see—they were about six inches long, handle and blade—I did not go at them before I saw them going to stab Perkins—I was once charged with assaulting the police in a drunken spree.
WILLIAM COOPER . I am a constable of the Surrey Commercial Docks—on 23rd October, about 20 minutes past 11, I heard a noise at the gate—on going out I saw the four prisoners and a lot of Englishmen, about thirty altogether, outside the gate—I first heard a woman cry, then I heard her a second time, and after that I heard a lot of men shouting "Murder" and "Police"—I saw no knives—the prisoners could have obtained access to the docks through the gates if sober; we keep the gates shut after ten—they were taken inside, they went quietly, they were sober—they had parcels—I could not swear which, but I took these two brown paper parcels from under their arms; I have not examined them I took this clasp knife from Sarrabé, it was closed, I saw no blood on it—the Metropolitan Police came up, and the prisoners were given into their custody—I gave the knife to Constable Hilsden.
Cross-examined. The prisoners belong to a Spanish ship called the Calon, which was lying in the dock at the time, but she sailed next day and has not yet returned—when I got outside the gate the crowd were hustling about; there was a struggle going on—I took this knife out of Sarrabe's pocket—I pushed two of the prisoners inside; they seemed glad to get in—they were close to the gates.
Re-examined. From the north bridge to the gates is about fifteen or twenty yards—they could have thrown their knives into the water; it is about fifty yards from the Half Moon to the dock gates—I looked about the streets that night, but found no knives; we found a pool of blood on the pavement, about ten yards from the Half Moon, towards the gates.
DANIEL DOWSON (Policeman M 337). About half-past eleven on 23rd October I was in Rotherhithe Street with Hilsden—we heard cries of "Murder" and "Police," and ran towards the dock gates, across the Surrey Commercial Bridge—we met Yturbe about twenty yards from the gates, alone—someone behind him said, "Stop that man, policeman, he has stabbed someone"—we took him back to the gates—one of the dock
constables said, "We have two more of them in here," and when we got into the lobby the other three prisoners were there—I searched them, but found no knives—Yturbe was carrying this parcel—I examined it at the station; there is just one spot of blood on it—the inspector saw it—I saw another parcel—there were several smears on that—they were kept at the station under Inspector Levett's charge.
Cross-examined. Both Yturbe and Bilbao were bleeding from the head—Yturbe was coming from the crowd when I stopped him; the crowd was between him and the gates—his parcel contained a pair of old sea-boots; he had on a new pair—the other parcel contained a pair of india rubber boots—I have been 22 years in this neighbourhood—it is a very troublesome one at times; many fights occur between the native population and foreign sailors—I have often known the foreigners attacked by the English.
LEOPOLD DORMER . I am a constable of the Surrey Commercial Docks—on 23rd October, about a quarter to twelve, I picked up this knife in the docks, about twelve yards from the gate and about two yards beyond the lobby, which is ten yards from the gates—it was closed—there. was no blood upon it—I took it to Rotherhithe Police-station and gave it to Inspector Levett.
Cross-examined. The lobby is a sort of room inside the gates—anyone inside could have thrown the knife where I found it—a large number of sailors pass there every day—it is an ordinary clasp-knife such as sailors wear.
RICHARD HILSDEN (Policeman M 404). I was with Dowson when we stopped Yturbe as he was crossing the bridge—this larger knife was given to me by Cooper, the other one Dormer gave me—there was no blood on either.
VICTOR ALEXANDER JAMES . I am a divisional surgeon—about midnight on 23rd October I was called to the police-station at Rotherhithe—I saw Cheal there—I found an incised wound three-quarters of an inch long and one inch deep in the middle of the outer side of his left thigh, there was a cut in his trousers corresponding with the wound—I also examined I Haynes there; he had a punctured wound at the back of the right shoulder, half an inch long and an inch and a half deep, there were cuts in his clothes corresponding to the wound—I examined Perkins; he had a punctured wound below the right ear, three-quarters of an inch wide and an inch and a half deep, a wound on the right wrist an inch and a half long, also a superficial incised wound two inches below the left nipple, an inch long and about a quarter of an inch deep—on Grigg I found a punctured wound at the back of the left shoulder half an inch in length and an inch and a half deep, and there were cuts in his clothes" corresponding—anyone standing in front of him might have struck him in this way underneath the arm—I saw all the four prosecutors from time to time—they were incapacitated from work for a fortnight or three weeks; the wounds have all healed—Cheal's wound might have been inflicted by the larger of the knives produced, and the three others by the smaller knife—I have seen the marks on the brown paper parcels; they have the appearance of blood—I examined the prisoners at the Police-court—Bilbao had a black eye, the right one, and an abrasion of the
scalp, from which blood had been flowing—that was produced probably by a kick, or by some blunt instrument, not by any cutting instrument; it could not have been done by a fist—Yturbe had a black eye, the loft, and an abrasion on the scalp, very similar in character to that on Bilbao; it was bleeding—Sarrabé also had a black eye, the right, and a scalp abrasion, which was blooding—Madariga had an abrasion at the back of the left hand, which was bleeding; a scratch might have caused it—none of the injuries on the prisoners were severe—Bilbao's scalp wound was nearly healed next morning; the black eye was a bad one—they were all bad black eyes, caused by heavy blows of a fist—the wounds on Perkins were dangerous; the one behind the ear was in close proximity to a very large vessel.
Cross-examined. I had to strap up the prisoners' wounds.
Upon Mr. Lowe's application MR. JUSTICE HAWKINS permitted the prisoners to make their own statements to the JURY through an interpreter, upon which Bilbao stated that they had come ashore to make purchases, and were returning with their parcels, singing as they came along, that the woman began to scream, upon which a number of persons came out of the public-house and attacked them, and in the scuffle they sustained severe injuries, but he denied using any knife. The other prisoners merely stated that they confirmed what Bilbao said.
BILBAO, YTURBE, and SARRABE GUILTY of unlawful wounding.— Four Months' Hard Labour each,
MADARIGA, NOT GUILTY .
Before Mr. Recorder.
Before Mr. Common Serjeant.
MR. BUCK Prosecuted.
NAOMI JARRETT . I now live at the Exchange Club, Brigg, Lincolnshire—in July I was general servant to Muriel Gray, a widow, at 22, Saint Charles Square, Notting Hill—on 22nd July, at 10 p. m., I fastened her house up, and went to bed—I was the last person up—next morning when I came down at 7. 15 I found the bottom of the blind tucked on the top of the roller, and the window was closed, but the fastening was stuck straight up—it was broken from outside, and would not fasten, so that the window could be raised and admission to the house gained—all the drawers in the house were left wide open, and everything had been turned out of them, and the cupboard had been ransacked and things in it misplaced—I missed two pairs of boots and a pair of shoes from the bottom of the kitchen dresser—they wore worth £1 5s.—I got them back from the police.
EDWARD FRANCIS (Policeman X 347). On 23rd July, at 5. 30 a. m., I was on duty in Saint Charles Square, Notting Hill—I saw the prisoner and a man named Sullivan, who in September was sentenced at this Court to seventeen months' hard labour, come out of the garden gate of 22, Saint Charles Square, Mrs. Gray's residence—they turned out of the gate to approach me, and when they saw me they turned back and started to run—I
called Constable Collins, we gave chase but lost sight of them—I next saw the prisoner on 27th November; I knew him by sight, and arrested him.
JAMES COLLINS (Policeman X 60). About 5. 15 on 23rd July I was in Saint Charles Square, on the opposite side to Francis—my attention was drawn to two men, who came towards me out of the gate of 22, Saint Charles Square; noticing me, they turned right by and went away—I ran after them, I did not catch them—about 4. 45 the same morning the same two men passed me in Saint Charles Square—I identify the prisoner as one of the two men.
JAMES BROWN (Policeman X 421). At 6. 20 on 27th November I saw the prisoner in the Britannia public-house, Kensal New Town—I told him I should take him for being concerned with a man named Sullivan in committing a burglary at 22, Saint Charles Square, on 22nd July—he said, "I never committed any burglary"—on the way to the station he said, "Can I see the lady before you take me to the station, and ask her not to charge me?"—I said "No"—he said after a short distance, "What do you think I shall get?"
The Prisoner, in his statement before the Magistrate, and in his defence, asserted his innocence.
NOT GUILTY .
Before Mr. Justice Hawkins.
MR. POLAND and MR. BODKIN Prosecuted; MR. GILL Defended. The details of this case are unfit for publication.
NOT GUILTY .
Before Mr. Recorder.
Six Months' Hard Labour.
John Jones PLEADED GUILTY to stealing 19 of the mantles— Five Years' Penal Servitude. Mr. GILL, for the prosecution, offered no evidence against Lottie Jones on this and on two other indictments, she being the wife of the male prisoner.
NOT GUILTY .
Before Mr. Common Serjeant.
MANN and CHARLES HEATHER— Twelve Months' Hard Labour. WILLIAM HEATHER— Nine Months' Hard Labour.
MR. BURNIE Prosecuted.
ARTHUR RYAN . I am a hatter of 64, Aldersgate Street—I have an account with Messrs. Luck and Sons, of Walbrook, wholesale hat manufacturers—three weeks or a month ago the prisoner came and asked for three square-crowned hats, all one size, and white lined—not having the exact thing he wanted, I told him the most likely place was Luck and Sons; he said he had tried elsewhere, and could not get them—he said he was pressed for time, but would try there—I told him he might say that I had recommended him to go there, because they are wholesale people who do not sell to people not in the trade—I did not authorise him to get hats on my behalf from Luck and Sons, or to sign an invoice made out to me, or to pledge my credit.
Cross-examined by the Prisoner. My name is over the shop on the glass and on the door post—"hat manufacturers" is on the door post—you said you had been to two or three warehouses—I understood you were going to Luck's with the intention of paying.
LIONEL RAND . I am a salesman to John Luck and others, of 24 and 25, Walbrook, hat and cap manufacturers; a wholesale place—on 6th November at 5. 15 the prisoner came into the sample room—I asked what he wanted—he said, "Square-crowned felt hat with a white lining"—I asked him what price; he said, "48s. per dozen"—I told him I would inquire if I could do it at that price, and asked him what name he came from—he produced a piece of paper and said, "A. Ryan, of Aldersgate Street"—he took the paper back again; it referred to what he wanted—I inquired, and came downstairs and told the prisoner we could not do it at that price; he asked the nearest price we could do it at; I said 60s. per dozen—he said he should like to see a sample—I took him to the show-cases and showed him a sample—he asked if we could not meet him at a price—I told him we would come down to 57s. a dozen—he said he would take three of one size—I made up a parcel of three and gave to him—I made out this packing-note to Mr. Ryan, of Aldersgate Street, and he signed it" A. Bartrum"—we have a customer, Ryan, of Aldersgate Street—I parted with the hats thinking the prisoner was a representative of theirs and had come from them with the order—the value of the three hats was 14s. 3d.—next day Mr. Ryan called on different business—I had a conversation with him—I did not see the prisoner again till—I saw him in custody on 6th December.
Cross-examined. I did not understand you to say you were recommended by Mr. Ryan, you simply mentioned Mr. A. Ryan, of Aldersgate Street—I did not ask you for payment for the hats; we don't do that with customers with accounts.
Cross-examined. You gave information where the hats were—they were in New Watney Street at Mr. Haseltine's, a wholesale and retail fruiterer—the Magistrate asked why the case was not brought before him before—I told him I had great difficulty in tracing the hats—you gave me the name of the place a week before, but there were no labels inside the hats.
The Prisoner in his defence said that he had an order for three hats, and that he told Mr. Rand that Mr. Ryan had recommended him, and he contended that he had committed no fraud.
He then pleaded guilty to a conviction of felony in September, 1887.— Six Months' Hard Labour.
MR. BURNIE Prosecuted.
RICHARD HOLMWOOD (Policeman L 162). On 9th November at 12. 15 a. m. I saw the prisoner at a coffee-stall in Blackfriars Road, and noticed a fork protruding from his pocket—I said, "How did you get this?"—he said, "I bought it and two knives from a man named Joe Robinson in Clare Market for 1s."—he looked bulky—I asked what else he had, and he showed a brush—I took him to the station and found in his pocket another fork and two knives—he gave a correct address, 114, Pomeroy Street, Old Kent Road.
ALFRED WARD (Police Sergeant L). I was in the station at 1 a. m. when the prisoner was brought in—he said he bought the knives and forks of Bill Robinson for 1s., who was selling them that night between 8 and 9, in a court in Clare Market, and that Robinson lived in James Street, New Cut, and had his name and address on the cart—after the first hearing before the Magistrate the prisoner said that he had not been to the dinner given to the International 'Labourers' Congress, but he had received an invitation from Mr. Shipton.
Cross-examined by Prisoner. You addressed that conversation to me; I did not ask you to tell the truth, you volunteered the statement—I did not say there was a cover laid for you—you said you had a card, but did not attend the dinner—I heard Mr. Drummond say that a card which you showed me was a genuine admittance card to the gallery in Newman Street. Oxford Street—the dinner card is a larger one; this is it; it was handed to the Magistrate—I asked you if it was a card like this (the small one) for admission to the dinner, and you said "Yes," and that it was given to you by Mr. Shipton.
JOHN WILLIS . I am engaged at the Holborn Restaurant—on 8th November, at 7. 30 p. m., I was in the crush room—the prisoner came in, and I said, "What do you want?"—he said, "I want to go to the dinner"—I said, "What dinner?"—he said, "The Congress Dinner"—. I said, "You must show me a ticket before going upstairs"—he showed me this small ticket, and I passed him up—it would be taken inside at the dinner—as a rule we don't ask for tickets, and I did not know what the proper ticket was—I saw no more of him.
CHARLES JAMES DRUMMOND . I am Secretary to the Society of Compositors—on 6th November and following days there was an International Congress at St. Andrew's Hall—the executive were concerned in the dinner, and gratuitous tickets were issued for the gallery—our Council gave
a dinner to the delegates to the Congress at the Holborn Restaurant, to which this larger card was the invitation—the table was laid for 150—at 7. 30 I saw the prisoner there—I knew him by sight; gave directions to a waiter, and saw him turned out of the room—the dinner was then half through, and the table was laid with knives and forks.
Cross-examined. The small cards were to admit persons to the gallery in Newman Street—it was available from Thursday to Saturday.
CONRAD SULZ . I was head-waiter at this dinner at the Holborn Restaurant—at 7. 30 p. m. my attention was called to the prisoner by the secretary—he was sitting in the private dining-room, at the table, while the dinner was going on—I said to him, "I have instructions not to admit you into the room again, and if I see you I am to call a porter"—he said nothing, but went out—I saw him ten minutes later, outside the room, and said I had instructions not to admit him, and I should be obliged to call a porter—he went out, and I saw him no more—these knives and forks are similar to those used at the dinner—they have "The Holborn" on them.
The Prisoner, in his statement before the Magistrate and in his defence, stated that he bought the knives and forks for 1s. by auction, his being the highest bid, of a man who gave his name as Robinson, James Street, New Cut, who sold toys in Clare Market, and that if he thought they were come by dishonestly, he would not have left them sticking out of his pocket.
GUILTY**— Fifteen Months' Hard Labour.
ADJOURNED TO MONDAY, JANUARY 7TH, 1889.