CENTRAL CRIMINAL COURT
THIRD SESSION, HELD JANUARY 7TH, 1889.
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
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OYER AND TERMINER AND GAOL DELIVERY
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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, January 7th, 1889, and following days.
BEFORE the RIGHT HON. JAMES WHITEHEAD , ESQ., LORD MAYOR of the City of London; the Hon. THOMAS DENMAN , one of the Justices of Her Majesty's High Court of Justice; Sir THOMAS GABRIEL , Bart., Alderman of the said City; Sir THOMAS CHAMBERS , Knt., Q. C., Recorder of the City; Sir HENRY AARON ISAACS , Knt., PHINEAS COWAN , Esq., STUART KNILL , Esq., GEORGE ROBERT TYLER , Esq., WALTER HENRY WILKIN , Esq., GEORGE FAUDEL PHILLIPS, Esq., and EDWARD HART , 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.
EDWARD JAMES GRAY, Esq., Alderman,
ALFRED JAMES NEWTON, Esq.,
FREDERICK KYNASTON METCALFE, Esq.,
CLARENCE RICHARD HALSE, Esq.,
CENTRAL CRIMINAL COURT.
WHITEHEAD, MAYOR. THIRD 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, January 7th, 1889.
Before Mr. Recorder.
MR. TICKELL Prosecuted.
JOSEPH BYLES (City Policeman 462). At a quarter-past six on the evening of 10th December I was on duty in St. Paul's Church-yard; I saw the prisoner, with five others, watching a lady—I watched them for about twenty minutes—they went from shop to shop till they came to a jeweller's shop—the lady looked in that shop—the prisoner went to her left side, opened her bag, and took her purse—I took hold of the prisoner, and at the same time the lady took the purse out of his hand—I took the prisoner into custody—the lady went into a confectioner's shop—I asked the shopkeeper to take her name and address, but I have not been able to find her since—I saw the purse in prisoner's hand—there was plenty of light; all the shops were open and the gas lamps alight.
The Prisoner, in a written defence, said he was passing by a crowd in St. Paul's Church-yard when the constable seized him, and that the lady said she could not identify him.
JOSEPH BYLES (Re-examined by the Court). I did not hear the lady say she could not identify him; she ran into the shop—she said she would rather lose her purse and its contents than go to the Police-court—directly I took the prisoner he turned very rough.
NOT GUILTY .
120. WILLIAM JAMES HEYES (21) PLEADED GUILTY to stealing a post letter containing four pocket-handkerchiefs, the property of the Postmaster-General, he being employed in the Post Office; and also to stealing another letter containing various articles.— Fifteen Months' Hard Labour.
121. JOSEPH HARCOMBE CHAPMAN (20) , to stealing a post letter containing a pair of gloves, the property of the Postmaster-General, he being employed in the Post Office; and also to stealing another post letter containing various articles.— Fifteen Months' Hard Labour. [Pleaded guilty: See original trial image.]
122. WATSON CURRIE (35) , to stealing a letter containing a postal order, the property of the Postmaster General, he being employed under the Post Office; and also to stealing two other letters containing postal orders.— Nine Months' Hard Labour. [Pleaded guilty: See original trial image.]
123. HERBERT HENRY DAPP , to stealing a letter containing a postal order, the property of the Postmaster-General, he being employed under the Post Office; and also to stealing another letter con taining postal orders and a pawnbroker's duplicate.— Eighteen Months' Hard Labour. [Pleaded guilty: See original trial image.]And
124. EPHRAIM FROST (19) , to stealing a post letter containing a cheque for £4, he being employed under the Post Office; also to forging and uttering the endorsement on an order for the payment of £4; and to stealing a post letter containing a postal order and postage stamps.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.]
NEW COURT, Monday, January 7, 1889.
Before Mr. Common Serjeant.
126. GEORGE TIMES (36) and JAMES CARNEY (29) , Unlawfully having counterfeit coin in their possession, with intent to utter it— The Jury being unable to agree, were discharged without giving a verdict, and the case was postponed to next Session.
OLD COURT.—Tuesday, January 8th, 1889.
Before Mr. Recorder.
DUNN PLEADED GUILTY .
ALICE DODDS . I am an actress, and live in Brunswick Place, New castle-on-Tyne—on 17th December I purchased two postal orders for 10s. and 1s. at the Post Office in Blacket Street, Newcastle—I did not take the numbers of the orders; I cannot say that these are the orders; they are for the same amounts—they bear the stamp of the Blacket Street Post Office, and the date of 17th December—I enclosed the orders addressed to Burnett's, Theatrical Hosier, King Street, Covent Garden—I posted the letter myself about 6. 30 the same day—there was no name signed to the orders.
THOMAS GAHAN . I am overseer at the Bedford Street Sorting Office—Dunn was employed there as a letter carrier—a letter addressed to King Street, Covent Garden, would come to that office—the mail that morning was late, and would not arrive till after nine—Dunn was employed
there that morning—it was part of his duty to sort the letters from Newcastle.
HENRY CLAY . I am head clerk to Messrs. Burnett and Co., 41, King Street, Covent Garden—it is my duty to receive remittances coming to the firm—on 18th December I did not receive any postal orders from Messrs. Dodds.
CHRISTIANA REBECCA HOMEWOOD . I am the wife of the Post Office Receiver of the St. John Street Road, Clerkenwell—before the 19th December I had received instructions to keep observation upon persons presenting postal orders signed in a particular way—on 19th December Dowse came to the office, and presented these two postal orders—in con sequence of what I saw on them I took particular notice of the man, and had him followed, and communicated with the authorities.
LUKE HANKS . I am a Police-officer attached to the General Post Office—on 20th December about midday I saw Dunn go into 66, Wynyatt Street, Clerkenwell, where Dowse lives—he had his postman's uniform on—about 10. 30 p. m. that same evening I saw Dowse in St. John Street Road—I stopped him and told him I was a Police-officer attached to the Post Office, and asked him his name—he said, "Davis"—I said, "Do you belong to the Post Office?"—he said, "No"—I requested him to go with me to the St. John Street Road Post Office; I there produced these two orders and said, "I am told you cashed these two postal orders at this office this morning"—he said, "Yes"—I said, "what name did you cash them in?"—he said, "Sharp"—I said, "Where did you get them from?"—he said, "I got them in a public-house on a bet"—I said, "What bet?"—he said, "A man bet me 10 to 1 that he could find a man to run me"—I detained him and communicated with Mr. Woodward, who came and had some conversation with him—next morning Dowse made a statement to me, which I communicated to Mr. Woodward.
ARTHUR JOHN LONG . I am the son of the landlord of 66, Wynyatt Street, Clerkenwell—Dowse lived there since last September in the name of Davis—his wife took the rooms for him, and she gave the name of Davis—he or his wife occupied the rooms—I have the rent-book; the name of Davis is entered there—I received all the rent in that name.
FREDERICK WILLIAM WOODWARD . I am a clerk in the Confidential Inquiry Branch of the General Post Office—it came to my knowledge that postal orders which passed through the Bedford Street Post Office were stolen—in consequence of that I made inquiries, and ascertained that these postal orders were cashed at the St. John Street Road Post Office—I communicated with the Receiver there, and gave special instructions—about midnight on December 20th I was sent for there and saw Dowse—I told him who I was, and produced these two orders to him and said, "You cashed these two orders at this office yesterday"—he said, "Yes, I did, yesterday morning"—I said, "What is your name?"—he replied, "My name is W. Dowse"—I said, "Where do you live?"—he said, "66, Wynyatt Street"—I said, "Why did you sign them in the name of E. Sharp?"—he said, "They were signed that name, and payable to this office"—I said, "Where did you get them from?"—he said, "Well, they were sent to me in an envelope?"—I said, "Who sent them?"—he said, "It was a man I picked up in Humphrey's public-house on Sunday night"—I said, "What is his name?"—he said, "They were two strangers in the public-house"—I said, "Do you know a postman of the
name of Dunn?"—he said, "Well, I can't say that I do"—I said, "I have reason for believing that these orders have been stolen from a letter, as they are filled up in a similar handwriting to other orders which have been stolen"—he replied, "They were sent to me; I won 11 s., and the man sent them to me"—"I said, "Who did you make the bet with?"—he replied, "Two strangers in the public-house"—I said, "What was the bet about?"—he replied, "I bet him that I would drink so many glasses of whisky before he did"—I said, "Where is the letter they were sent in?"—he said, "I threw it on the fire; I don't know what I did with it"—I then produced a photo of Dunn, and said, "Who is this man?"—he replied,"I worked with him at Fenton's Hotel, St. James Street; they called him Charlie"—I said, "Is he a postman?"—he said, "I don't know; he was a porter"—I said, "Did he give you the postal orders?"—he said, "No, I am sure he did not"—I said, "How was the letter addressed that contained them?"—he said, "Mr. Davis, 66, Wynyatt Street"—I afterwards saw Dunn, and had a conversation with him—I afterwards again saw Dowse, and said, "Dunn has made a statement to the effect that he took these two orders out of a letter addressed to Burnett, King Street, W. C., and sent them to you in a letter; that you cashed them, and gave him part of the money"—he replied,"It is not true; I thought they were from a stranger."
The Prisoner's Statement before the Magistrate. I did not know they were stolen. I did not know they were sent to me by Dunn. He owed me some money.
Prisoner's Defence. I did not know Dunn sent them; they came to me in an envelope, and I went and changed them on the Saturday.
DOWSE— GUILTY — Five Years' Penal Servitude.
DUNN— Eighteen Months' Hard Labour.
Mr. GILL stated that Dunn had borne an excellent character, and there was reason to believe he had been led into this by Dowse.
WILLIAM FLISBY . I am manager to the Junior Army and Navy Stores, Ward's Wharf, Commercial Road, Lambeth—on 5th November last I unloaded from the steamship Florence 23 half-chests of tea at that wharf; among them there was one numbered 6512—on 7th November that chest with four others was sent to Nine Elms, for transport to Aldershot, by carman Andrews—I have seen that half-chest in the possession of the police—each of the half-chests were separately labelled and addressed—a portion of the label is still on this one.
GEORGE ANDREWS . I am a carman in the service of the Junior Army and Navy Stores—on 7th November I took five half-chests of tea from Nine Elms, consigned to Aldershot—I received signatures for them, from Tom Tilley.
TOM TILLEY . I am a porter in the service of the South-Western Rail way—on 7th November I received five half-chests of tea, consigned to the Junior Army and Navy Stores at Nine Elms to Aldershot—I put them in the warehouse at Nine Elms.
SAMUEL GOWMAN . I am a warehouseman at Aldershot to the South Western Railway—I received the invoices for the five half-chests of tea consigned to the Stores—when the parcel arrived I found only four.
ALFRED DYKE (Detective N). About half-past six in the evening of 10th November I was in Upper Street, Islington, and saw the two prisoners wheeling a costermonger's barrow, with a sack covering something bulky—the younger prisoner was holding the handle and the elder was shoving at the side—I followed them for about 100 yards—close by the Agricultural Hall, where there was a man on fixed-point duty, the older prisoner left the younger in charge of the barrow, and he wheeled it down the Essex Road about 300 or 400 yards, when he was again joined by the elder, who entered Mr. Thackery's shop—he remained there about a minute, then left and beckoned the younger prisoner, who was sitting on the handle of the barrow—he got up and commenced wheeling it, and the elder helped to push it up to Mr. Thackery's door—the younger was in the act of taking the chest off the barrow when I said, "Excuse me, young man, I am a police-constable; I should like to see what you have got there"—the elder said "It is all right, you can have my card"—I said "Your card is no use to me; if you will not tell me what you have got there I shall take you to the station"—he did not answer, and I took them into custody—at the station I found that the box contained tea—the younger prisoner then said to the elder, "I told you, father, not to buy it"—the elder prisoner said he bought it of a man a week ago in Holborn for 25s., but he did not know him or his address—he afterwards said, "I had it to sell for a man; I have not bought it at all;" he afterwards said he bought it that same evening—the chest was quite full—a little piece at the corner had been torn off to see what it was—the address had been torn off.
ROBERT THACKERY . I have been in the employ of Mr. Straker, stationer, Ludgate Hill, as a bookbinder, for seventeen years—the elder prisoner was in the same service—on 9th November he asked me if my brother wanted any tea—my brother keeps a grocer's shop at Islington—I told him if he liked he could take it there—he said that a man he knew had failed in a small business, and he had some tea for sale, and he asked me if my brother wanted to buy any—he did not tell me the name of his friend—I did not ask him.
RICHARD EDMUNDS (Police Inspector of South-Western Railway Company). On Friday night, 7th December, I saw the elder prisoner at his residence—he was then out on bail on remand—I said, "I am an inspector from the South-Western Railway police; we find that the half-chest of tea is our property, and as it was found in your possession I have come to see if you can give me any information about it"—he said, "I know nothing about it, sir; a man placed it on my barrow at 5 o'clock on the Saturday evening—I do not know the man, and my son knows nothing at all about it"—I said, "What made you ask Thackery if he could do with it on the Friday, if you did not see the man until Saturday evening?"—he replied, "I was in a beer-shop in Friar-street on Friday night, when a man said to me, 'Joe, can you do with any tea?'"—I said, "Then you know the man?"—he said, "No, I do not"—I said, "Then how did he know
your name and where you lived?"—he said, "I suppose he followed me home"—I asked him for a description of the man—he said he could not give me a very good description, he thought he was about the medium height, and had a moustache, but he was not quite sure—on Saturday I saw him again, and asked him if he had been able to find the man—he said, "No, I have been walking about all day to see if I could find him, and my son is out looking for him"—I said, "You said last night your son did not know the man"—he said, "He was only outside ": he also said, "I did not give anything for it; I had it to sell for the man who wanted 25s. for it."
The elder Prisoner's Statement before the Magistrate. "I met a chap in Holborn the day before I was taken—I had seen him two or three times before—he asked me if I could sell some tea for him; I asked him if it was all straightforward; he said yes, that his brother had a shop and failed, and he gave it to him—I said I had never sold any tea to any body." The younger Prisoner. "The night we were in custody father said he wanted me to pull a barrow to Islington for him; I saw a man put the chest of tea on the barrow, and I wheeled it for my father over to Islington."
JOSEPH WILKINSON, SEN.,
GUILTY of receiving— Twelve Months' Hard Labour. JOSEPH WILKINSON, JUN.,
NOT GUILTY .
MR. SAUNDERS Prosecuted.
JAMES WYATT . I keep the Rainbow Public-house, Liverpool Road, Islington—about half-past one on the morning of 20th of December I had not gone to bed—I heard the front door bell ring—I went to the door and found two constables there, with Thornton in their custody—they told me something, and I and a constable went to the back of my house, and in the urinal adjoining the yard I found Franklin—the urinal is in the corner of the yard, open at the top, and by climbing up steps or a ladder you can drop into it—there is a door to it, but it is locked—it is in the main road—I went to the station, and the prisoners were charged.
Cross-examined by Franklin. The urinal belongs to the house of which I am landlord; it is attached to the house and is private—I lock it up every night; it is open in the daytime to the public.
JAMES MAY (Policeman N 73). At one o'clock on the morning of 20th December I was on duty in Barnsbury Street; Perry was on the other side of the road—I saw the two prisoners together at the corner of Barns bury Street, Liverpool Road, outside the Rainbow—I and Perry watched them; they looked in the windows and walked down Barnsbury Street, and stood against a wall—Thornton lifted Franklin over the wall, and then walked down the street about thirty yards; he turned, came and walked across the road, and stepped on the footpath—I stopped him, and asked what he was loitering about there for—he said, "Nothing"—I said, "Where did you leave your mate?"—he said, "Down the bottom of the street"—I said, "That don't do for me; what about this one over the wall?"—he made no reply—I told Perry to catch hold of him, while
I called the landlord of the public-house, and he and I went into the yard—I saw Franklin crouched down in the corner of the urinal—I asked what he was doing there—he said, "I am only having a sleep"—I found this jemmy on the ground by the side of Franklin—I took him into custody; he said nothing in answer to the charge.
Cross-examined by Thornton. I was about forty yards off when I saw the man get over the wall; it was a very fine night, not misty—I can swear you put him over the wall—you walked straight back down Barnsbury Street very slowly.
Cross-examined by Franklin. I did not feel in your pockets; I rubbed your sides down, and found these two keys in your pockets—I did not take them out; I afterwards saw them taken out.
THOMAS PERRY (Policeman N 184). I was with May watching the prisoners in Barnsbury Street—I saw them hanging about the corner; they both looked in all the windows of the public-house, and then went down Barnsbury Street to the dead wall, and Thornton assisted Franklin over the wall, and then went thirty or forty yards down Barnsbury Street and returned—we walked across the road and stopped him, and took him to the station—he was charged with loitering and being in the urinal; he made no answer.
Cross-examined by Thornton. I was forty yards off when you helped the man over the wall—it was a fine night.
The Prisoners' Statements before the Magistrate. Thornton says: "I do not want to say anything here." Franklin says: "The instruments are not for housebreaking; what the constable calls a jemmy is only a packing case opener, and neither instrument was found on me."
Thornton, in his defence, said that Franklin was a stranger to him; that he walked down Barnsbury Street with a sailor, said good-night to him, and that as he came back he was arrested.
Franklin said that he got over the wall by himself to sleep in the urinal.
NOT GUILTY .
130. ELIZABETH WHITE (60), WILLIAM HUGHES (18), and WILLIAM LAWSON, Stealing a hamper and a pair of sheets, the goods of Frank Fairclough; Other Counts for receiving the property and alleging it to belong to Mr. Brassey.
LAWSON PLEADED GUILTY .
MR. MEAD Prosecuted; Mr. BURNIE Defended White.
FANNY FENN . I am housemaid to Mr. Brassey, of 6, Cromwell Houses—on the afternoon of 29th November I packed a hamper full of linen, and gave it to Thomas Walker, driver of a van belonging to Mr. Fair clough—the name on the van was Dawson—the value of the things in the hamper was about £3—I have been shown the hamper and some of the things by the police—I identify them; these are they.
THOMAS WALKER . I am a driver in the employment of Mr. Fairclough, who trades as A. Dawson—on the afternoon of 29th November I received a basket of linen from Fanny Fenn, which I drove to Farringdon Street—I there left the van for about twenty minutes in charge of the van boy, Arthur Coleman—when I came back I found the boy on his back in the van, squalling as loud as he could bawl out—I found the hamper of linen had been taken—the police have shown me the hamper, which I identify as the one taken.
ARTHUR COLEMAN . On 29th November I was in charge of the van in Farringdon Street while "Walker was away—a man got into the van and asked about my mate—he sat on the hamper—he hit me on the forehead; I became insensible—when I came to I found Walker was there, and that the hamper had been taken away—before I was struck I noticed at the back of our van a two-wheeled light cart, with a yellow tilt and a little brown pony—when I came to that cart had gone.
GEORGE WATTS . I am an ostler in the service of Afred Bunker, 18, Salisbury Street, Hoxton, who lets out vans—on several occasions I have let vans to Lawson in the name of Smith—at 9 a. m. on 29th November I lent him one—I took it round to him at 31, Buckland Street—it was a light cart with a black cover, with A. B. on each side, and a brown pony—it came home between seven and eight, I think—I was not there then.
HENRY RICHARD MOORE . I am a brewer's carman—I am the land lord of, and live at, 31, Buckland Street, Hoxton—Lawson rents the break fast parlour and a coal cellar of me—I have seen Hughes in Lawson's company, I cannot say how many times—I did not know his name before he was apprehended—on Thursday night, 29th November, I saw Lawson between eight and nine, I fancy; I was going home from work—I saw a light, tilted van with a dark bay pony, and Hughes and Lawson were very busy taking a hamper out of the area steps and placing it into the van—the police have shown me a hamper; I could almost swear it is the one—I was very close by them, and Lawson spoke to me—he and Hughes jumped into the van, drove down Buckland Street, and turned to the right, over St. John's Street towards St. John's Church—it was a four-wheeled van, with a dark tilt.
Cross-examined by Hughes. I am not sure of the time to half an hour, but I believe it was between seven and eight—I am positive about your being there—it was a light made van, with a black tilt and four wheels.
JAMES BURNETT (Police Inspector G). On the evening of 30th November, having received information, I went to 50, Fanshaw Street, Hoxton, where I saw White on the ground floor—I went upstairs; the left-hand room was empty—I saw this hamper there, and a woman lying covered over with two pieces of canvas—White was not in at that time—shortly after I came back; she was in bed in the right-hand room—I knocked at the door; she got up—I told her I should take her into custody for the unlawful possession of the hamper—she said she knew nothing about it—when she was dressed I searched her room, and found these four pieces of muslin (produced) on the chair in the room—I asked her where she got them from—she said she bought them a day or two previous from the rag women in Hoxton Street—I took her to the Police station—previous to going to her room I went to 48, Fanshaw Street, the adjoining house—I saw Hughes there—I told him I should take him into custody for being concerned in stealing a hamper containing linen—he said, "I know nothing of it"—I handed him over to Leary—I found nothing there—White said she knew nothing of the hamper; that the room was unoccupied, and she only went in there occasionally to hang her clothes—on the landing the other woman said that Mrs. White brought her there, and gave her the two pieces of canvas, and told her she could sleep in the room—White could hear it; her room door was open, and she had as good opportunity of hearing it as I had; she made no answer.
Cross-examined by Mr. BURNIE. White's house is 50, I think—I may have said 52 before the Magistrate; I made a mistake about that—the front door of the house was on the jar, so that anybody could walk in, just as I did—the first time that I found the woman sleeping in the left hand room the door was pulled to; anyone could walk in from the stair case—White's room was locked when I first went—on the second occasion she was in bed with her husband—when I said I should charge her with unlawful possession, she said, "I know nothing of it; I only hung my clothes in the room during the last fortnight"—when I told her I should take her to the station for receiving the hamper and these pieces of muslin, she said, "I know nothing of them; the door is always open, and some person may have brought them there"—she also told me people were in the habit of sleeping on the staircase.
PHILIP WILLIS (Policeman G 439). I apprehended Lawson on 30th November—I searched his room, at 31, Buckland Street—I found there a quantity of linen, etc., about 20 articles altogether, which have been identified by Miss Fenn—I have known Lawson and Hughes for the last nine months as constant associates.
FANNY FENN (Re-examined). I have been shown the muslin which was found at White's—there were nine pieces in the hamper when it went away—I have been shown and have identified four pieces, and afterwards I was shown four other pieces among the things found at Lawson's—they were exactly the same in every way; part of the same bulk—the value of the things found was worth about £1, I think.
Cross-examined by Mr. BURNIE. I have seen a pair of sheets and two table-cloths and towels and pillow slips, but not all the things—this is good book muslin; you would not buy the four pieces for 2s.—there is a good deal of muslin of this kind, but this is made up into short window curtains in the same size and way as mine was, and it is the same quality of muslin.
Re-examined. I have no doubt that these are Mr. Brassey's curtains—some of the other things were marked—four pieces of muslin were found among the other linen, out of which the marks were cut—I did not make them up; I looked after and repaired them.
Witness for Defence of Hughes.
SARAH DULWICH . I wash and clean—I live with Hughes—on 29th November (Thursday) he went out about 10 a. m., and came home to dinner; he went out again, and came back at seven or just after, and he did not go out again that night—we sat indoors, and went to bed about half-past ten or eleven.
Cross-examined. I do not know Lawson; I never saw him, and I never heard Hughes speak of him—I live at 50, Fanshaw Street, in the front parlour—I do not know Mrs. White, who lives next door—I have only known she lived next door while she was on remand; her husband spoke to me—Hughes went out at two, and came back a little after seven.
Hughes, in his Defence, said he was at home at the time.
WHITE— NOT GUILTY .
HUGHES— GUILTY .
LAWSON ** and HUGHES *— Nine Months' Hard Labour each, Lawson's sentence to run concurrently with seven years' penal servitude, which he was now undergoing.,
NEW COURT.—Tuesday, January 8th, 1889.
Before the Common Serjeant.
He received a good character.— Three Months' Imprisonment, without Hard Labour.
He received a good character.— Eighteen Months' Hard Labour. [Pleaded guilty: See original trial image.] And
133. WILLIAM ROBERT AMER (22) , to stealing in the dwelling house of William James Tubbs an overcoat and other articles, and afterwards breaking out of the same.— Six Months' Hard Labour. [Pleaded guilty: See original trial image.]
MR. WILKINSON Prosecuted, and MR. FRITH Defended.
ELLEN CASTAGN . I am barmaid at the Salutation Tavern, Newgate Street—on December 17, about 3.50 p. m., McClean (See page 180) came in for some port wine, price 2d.—he put down a half-crown—I bent it in the engine, found it was bad, sent for Mr. Rudkin, and gave it to him—McClean then paid with a good florin, and left—he was alone—Mr. Rudkin followed him—this is the coin (produced).
THOMAS RUDKIN . I keep the Salutation Tavern—on 17th December I was called into the bar, and Miss Castagn spoke to me and gave me the broken pieces of a half-crown; I marked them and handed them to Detective Cross—this is one—I saw McClean there; he paid with good money and left—I went out by another door, met him in Newgate Street, and made a statement to a policeman.
WILLIAM CROSS (City Detective). On 17th December, about 4 p. m., I was with Eagle at the top of Snow Hill—a statement was made to me, and I saw McClean standing against the pillar-box at the Holborn corner of the Old Bailey—he stood there for a minute or two, and then walked on towards Holborn, and just opposite Spiers and Pond's, Jones joined him, and they walked over the Viaduct together as far as the Circus on the left—they then crossed to the right side in conversation, and stopped at Gamage's, a hosier's, at the corner of Leather Lane, and while they looked in at the window we passed them and walked as far as Furnival's Inn, and turned round, went back and met them—Eagle stopped McClean, and I attempted to stop Jones, but before I could get properly hold of him we got to the other side of the street—we had a tussle, and the street being slippery, we both fell—he was stopped by somebody—I got hold of him and said, "I am a Police-officer; I take you in custody on a charge of uttering counterfeit coin"—he did not speak—I took him to Snow Hill Station, and he was charged with being concerned with McClean, who was brought in by Eagle, in uttering counterfeit coin—he made no reply—I searched Jones, and found in his trousers pocket a bad half-crown of the same date as the one which was broken, and in good money four sovereigns, fifteen shillings, six sixpences, a threepenny-piece, and 2s. 5 1/2 d. in bronze, and in his coat pocket two collars, two new pocket-books, four shillings' worth of postage stamps, a penny, two cakes of scented soap in these wrappers, and some memos on pieces of paper—he said he had no fixed address—I found an envelope on him relating to Frederick Smith, 50, Brampton Street, Walworth—I
asked him if that was where he lived—he said, "No"—I said, "I don't want to go over there for nothing"—he said, "I don't live there"—I went that afternoon to a perfumer's shop in Queen Victoria Street, and saw Mrs. Morley, who turned out the till on the counter, and I picked out a bad half-crown—I also went to a perfumer's shop in Bell Yard, Grace church Street, where the till was searched and another bad half-crown was found in it.
Cross-examined. Jones did not come up behind him, he seemed to be waiting for him—he crossed over to him and joined him—I had never seen either of them before—McClean was there a minute or two—they did not shake hands when they met—Eagle and I were in plain clothes.
SARAH MORLEY . I am assistant to Mme. Le Coffery, of Queen Victoria Street; it is a branch of Rimmel's, the perfumers—on December 17th, between one and two o'clock, I served McClean with a cake of soap, price sixpence—he gave me a half-crown, which I gave to Mme. Le Coffery, who put it me the till, and I gave the change—I folded the soap in paper, and this red label was on it. (Bearing Rimmel's name and address)—about seven p. m. Cross came, and I saw the till turned out on the counter; there was some silver in it and three or four half-crowns, one of which was bad—this is it (produced)—Cross took it—I had been taking money in the interval, but the till had not been cleared.
GUSTAVE GRADY . I am a perfumer, of 1, Bell Yard, Gracechurch Street—on December 17th, between three and four p. m., McClean came in for some soap, price 2d.; he gave me a half-crown, my wife gave him the change—I put the coin in the till—Cross came about 6. 30, and I turned out the till, in which were two or three half-crowns and some florins and sixpences—one of the half-crowns was bad; this is it (produced)—I gave it to Cross—this is the piece of soap and the paper in which it was folded, which bears the maker's name.
JAMES EAGLE (City Policeman 306). I was with Cross—I followed McClean first and saw Jones meet him—we followed them to Holborn Circus; they were speaking together and looking back—they crossed to the right side of Holborn, and stopped at Gamage's, a hosier's at the corner of Leather Lane; and while they were looking in we passed them—they then followed us as far as Brook Street—we then turned back and met them by Furnival's Inn; I stopped McClean, and Cross went to Jones, but before we said a word Jones sprang in front, brushed past Cross, and ran away—I saw Cross run after him, and afterwards saw him in custody—I searched McClean at the station, and found on him a registered envelope, two duplicates, a half-sovereign, three florins, three shillings, a sixpence, and 4 1/2 d., all good; an old pair of gloves, a cigarette case, and a new comb and case.
WILLIAM JOHN WEBSTER . I am Inspector of Coin to H. M. Mint—this broken half-crown is counterfeit; these three other half-crowns are also counterfeit—the one found on Jones and the one uttered at the Salutation Tavern are from the same mould.
GUILTY .—He then PLEADED GUILT to a conviction in the name of
Frederick Smith on 8 th of February, 1886, of unlawfully uttering counterfeit coin.— Six Years' Penal Servitude.
MR. WILKINSON Prosecuted; MR. HUTTON Defended.
The witnesses examined in the last case repeated their evidence, the facts being the same.
GUILTY .— Ten Months' Hard Labour.
FRANK HAINES . I live at 18, Park Road, Regent's Park, and am proprietor of Allen's Riding School—on 28th November, just before 4.30 a. m., I was disturbed and got out of bed, opened the door and heard someone—I returned and put on my trousers and waistcoat to go downstairs when I heard the basement door open—I went back, threw up the bedroom window and saw the prisoner and another man go from the house and rush to the front gate—my wife was pulling the bell in our bedroom—the men turned to the right, and the gas lamp was full on their faces—I ran down and out at the front gate—they got over the wall, which would bring them into Lawn Gardens; mine is a corner house—I spoke to a cabman, who turned his horse round and drove on, and a constable brought the prisoner back in from 7 to 15 minutes—I found on my basement floor two great coats and a hat which had evidently been put over a candle, as it was burnt—the basement door had been unbolted top and bottom from the inside—I found a piece of candle, a pair of boots, and a pair of socks or stockings which did not belong to me—the men had had some chicken and two bottles of stout in the kitchen, and had opened the drawing-room door and taken a satchel from the table and put it on the hall chair—this corkscrew, knives, hat and coat are mine—the coal cellar door was quite safe overnight.
Cross-examined. The men were on the wall when I was in the garden.
ARTHUR ROBERT JONES . I am a cabdriver, of 5, Oak Tree Road, Regent's Park—on 28th November, about 4. 30 a. m., I was driving along Park Road, and about 100 yards from the prosecutor's house I heard someone calling "Police" and saw Mr. Haines in his shirt sleeves; a policeman came up at the same time—I drove on and saw two men just past Alpha Road, the prisoner was one of them—they walked towards Church Street, I followed them to Lisson Grove and spoke to another policeman, and when the men got abreast of him they ran away before they were spoken to; he followed one and I the other, and after a chase I caught him.
Cross-examined. I do not know that the men I saw committed the burglary, but they were very near, and there was no one else about—you were not 200 yards from Mr. Haines's house when I saw you.
Re-examined. Lawn Gardens leads into Alpha Place—I turned my horse round, and intercepted the men.
WILLIAM ATKINSON (Policeman D 306). On 28th November about 4. 45 a. m. I was on duty in Lisson Grove, and Jones pointed out the prisoner and another man to me walking on the other side of the road—I crossed the road, and they both ran away in opposite directions—I followed the prisoner, and after a smart chase of 200 yards I took him, and said, "You
have been seen to leave a house which has been broken into; you will have to come back with me"—he said, "Well, what would you do if you were hungry, and had no money to pay for your doss?"—that means a bed in a common lodging-house—I took him back to the house, and from there to the station, where he was charged, and made no answer—he had boots on, but the man who got away had none.
WILLIAM ATKINSON (Police Inspector D). I examined Mr. Haines's premises, and saw traces of some person climbing the wall and passing round the rear of the house—I found the coat-cellar door open, and marks on it where it had been forced open—I found this jemmy in the garden—I compared it with the marks, and they corresponded exactly.
Cross-examined. I apprehended another man, but he was discharged, there not being sufficient evidence against him.
The Prisoner, in his Defence, stated that he had only been in this country four months, that the prosecutor had strengthened his evidence since he was first examined, that he had been to the docks to get a chip and met a shipmate, and while with him heard shouts of "Police," and was taken, but if he had been guilty he could easily have got away.
GUILTY — Twelve Months' Hard Labour.
OLD COURT.—Wednesday, January 9th, 1889.
Before Mr. Justice Denman.
MR. TAYLOR, for the Prosecution, offered no evidence.
NOT GUILTY .
MR. RIBTON Prosecuted; MR. TORR Defended, at the request of the Court.
ABRAHAM POSENER . I am a tailor, of 13, Devonshire Street, St. George's—the prisoner lodged at my house for seven weeks; he occupied the first floor back—Mr. Jacob lived in the front room—on 24th December the prisoner went out at eleven in the morning—he came back at eight in the evening—I was not at home—I saw him about five minutes later—he said to me, "You will see; I will fetch thirty Irishmen to-night"—he then went out—he came back in about ten minutes, and went upstairs to his bedroom—he was in there quietly about ten minutes—he came down very quiet and said, "You will see what will be with you in five minutes—then he went out—Mr. Jacob called out to me that there was a fire and smoke in his room"—I was frightened, and went out of the house and called two constables—I returned with the constable and went upstairs with him—I found a flock mattress lying on the floor by the wall, on fire—the constable got a jug and put water on it, and put it out—that was all the fire there was—the room was full of smoke—I gave the prisoner in charge when he came back, about half-past nine.
Cross-examined. I am sure I mentioned about the thirty Irishmen before the Magistrate—the prisoner did not bring in any Irishmen—he was drunk—there was no light in the room—he had a lamp by the fire place—he was dressed as usual when he came downstairs—there was nothing on fire except the floor and the paper at the side—there was no
bed, only a mattress; no table, or chair, or furniture—the prisoner did not smoke—he did not tell me that he wanted to smoke.
JACOB GOLDBERG . I occupied the first floor front room at 13, Devon shire Street, the prisoner occupied the next room—on 24th December he came home like mad—he was knocking at the street door; we let him in—he said, "Where is Mr. Abraham? I must kill him; I can have fifty Irishmen, and kill you"—he was so mad I was afraid of him, I never saw such a person—I looked myself in my room and made myself not to be in—a constable came and went away again, and the prisoner went away too—he came back, and was ten minutes in his room—he said, "You will see what will be in five minutes; I will pay you with red ink"—his wife broke my door, and she was summoned for it the same day—Mr. Posener went for the police; the prisoner was in his room when the police came; he had been there about ten minutes—while the police were there the prisoner said, "Now you are in I will get you"—the constable said, "Hold hard, if you commence again I will charge you"—that was after the fire—he kept on saying, "I will pay you in red ink;" he said it about ten times.
THOMAS DANFORD (Policeman H R 43). At half-past eight on 24th December I was called by Mr. Posener—I went to the house and saw the prisoner there; he was drunk—the prosecutor complained that the prisoner had assaulted his wife, and wished him locked up—there being no marks of violence, I referred him to the Thames Police-court for a summons—I then got the prisoner upstairs into the back room, and advised him to keep quiet—I left him there; there was no smoke then—about half-past nine I was called again by Mr. Posener from my beat, with another officer—we went upstairs; the smoke there was so dense, I went on my hands and knees, and looked into the room—there was a blaze in the room—I then went back and called for water; it was handed to me by the other constable and others; I threw in four pails full; that appeared to extinguish the fire—I then closed the door, and ordered the window to be thrown open to clear the smoke—I then found that the mattress was still smouldering—I threw it in the yard; it was not very much burnt—I afterwards noticed that the flooring under the mattress was burnt, and the wainscot and the paper; the floor was a little scorched and charred for about a yard—the wainscot and paper was about the same—the mattress was close to the wall, in its proper place—the fire being put out, we left the place—the prisoner stood in the crowd; Mr. Posener pointed him out; I called him into the passage; I cautioned him, and asked him if he could account for the fire in his room—he said, "I don't know; it is bad enough, don't make it worse than it is"—he was drunk—I took him to the station; he was searched, and a few loose matches were found in his pocket—the inspector told him the charge—he said, "I should like to know if there has been a fire"—by direction of the inspector I went back, replaced the things in the room, locked the door, and gave the key to the inspector.
Cross-examined. He was not very drunk—he knew what he was saying and doing—I did not see a pipe in the room—he called the prosecutor and his wife filthy names—the lamp was not near enough to the mattress to have fallen on it.
was read to him at the station, he said, "I want to know if there has been a fire or not."
ALFRED DRYWOOD (Police Inspector). On the morning of 26th I went over the house; I found the back room first floor in great disorder—there was no furniture in it, only the mattress—on searching the mattress I found five or six matches, one unused, and others which had been used were lying between the wall and the mattress; they were the same kind of matches as these found on the prisoner.
The Prisoner's Statement before the Magistrate. "I was drunk when I came home from work; I found that a summons was out against my wife; I wanted to have a smoke; no table; the accident might have occurred. I am not guilty."
NOT GUILTY .
NEW COURT.—Wednesday, January 9th, 1889.
Before Mr. Recorder.
(140) JOSEPH SOUTH (30) , to burglary in the dwelling-house of Thomas William Bunn, and stealing a tub of margarine and other articles, his property— Nine Months' Hard Labour. [Pleaded guilty: See original trial image.]
MR. BODKIN, for the Prosecution, offered no evidence.
NOT GUILTY .
142. EDWARD GEORGE JOHNSON, HENRY CHAMBERLAIN (40), JAMES ROLFE, WILLIAM GADNEY , and HENRY BALDWIN, Unlawfully conspiring with other persons unknown to steal 600 bags of linseed, the property of William Lowe and others.
MR. GILL and MR. A. GILL Prosecuted; MR. OGLE appeared for Johnson, MR. WARBURTON for Rolfe, MR. METCALFE for Gadney, and MR. GEOGHEGAN for Baldwin.
HENRY WILLIAM LOWE . I am one of the firm of Lloyd, Lowe, and Co., shipbrokers, of 7, East India Avenue, Leadenhall Street—we had to deliver the cargo of the ship Avon, and issued a release to the clerk on board, who had to deliver by delivery order—we employ professional clerks, who have a knowledge of the details of the work, and we employed Johnson and Rolfe; they had the sole possession of the cargo, among which was 5,300 bags of linseed, consigned to Ashton, Erridge and Co., marked with a diamond and certain letters—this is the delivery order—Johnson and Rolfe went on board the day after the ship arrived at the end of November—they had to deliver into certain craft specified in the release—I received a communication from the police, and on December 11 I was taken to the barge John, lying in the River Lea, by Stevens's Wharf—that is a long way from the Mill wall Docks—I went on board, uncovered the tarpaulin, took off the hatches, and found about 600 bags of linseed with the mark in question, and the linseed corresponded in quality and quantity with what we lost—the barge John was not mentioned in any of our delivery orders.
Cross-examined by MR. OGLE. We received the information about the 9th or 11th from Finch and Judge, of the Bow Police—Johnson is employed by Mr. Albert, and we pay Mr. Albert—there were five different consignments of linseed, but four had been delivered, one of which was to Game, Bowes—when any barge is loaded it is John son's duty to give a pass in the same form as he gave the pass for the John—there was nothing irregular in it, except the number of the barge; there is no such number in existence—a great number of barges had been loaded in the course of the day, the vessel had been unloading some days, and Johnson and Rolfe had been employed during that time—they kept separate tally-books—in this tally-book (produced) here are two entries in Johnson's writing, one to Game, Bowes and Co., and one to Ashton, Erridge—half the entry is by Rolfe, and the other by Johnson—they make together 600 bags, and the whole is signed by Johnson.
Cross-examined by MR. WARBURTON. Mr. Albert is not in our employment, but we always give him work when we have it; we consider him in our service; we are in a position to dismiss him—he works for one or two other people—Rolfe told me that he acted under Johnson's orders, but I do not know that.
Re-examined. These 600 bags formed part of the last parcel delivered—Johnson's tally-book shows that he took over from Rolfe 310 bags, and delivered 290 himself, making 600, "into Ashton's hired craft John"—that is signed by Johnson—the barge is always specified in the delivery order—none of the above orders mentioned the John—when the barge leaves the dock it is his duty to give a pass.
By the COURT. If they delivered the cargo into a barge not specified it would be an irregularity, and even if it was taken to the proper consignee it would be subject to censure, but I never knew such a case.
WILLIAM MOORE . I am a shipping clerk to Ashton, Erridge, and Co., of 19, Old Broad Street—they had a consignment of 6,826 bags of linseed by the ship Avon—I made out the delivery order and signed it—it was my duty to specify the barges to which linseed consigned to my firm was to be delivered—no other person was authorised to do so—the barges I mentioned are the Scarborough, the Arthur James, and the Glen Rosa— I never authorised any of the linseed to be delivered to the John.
Cross-examined by MR. OGLE. Many hired barges attend the ships—I have seen Johnson acting as tallying clerk, and found him correct and attentive to his duties.
Cross-examined by MR. WARBURTON. I gave the instructions to Johnson, and I believe Rolfe was his subordinate, acting under his orders, and bound to obey him, and these entries confirm that.
ALFRED BOOKER . I am foreman lighterman in the employ of A. J. Humphrey, from whom I received this delivery order—on December 3rd and on December 4th I took it on board the ship, about 10.30 a. m., and saw Johnson delivering seed to the barge John; I said, "Why are you delivering seed to that barge?"—he said, "All right, Alf.; that is not your seed, that is another parcel, this is all right out"—there were from 50 to 100 bags in the John then, and Johnson was close against the bulwarks and could see the barge—it was the only barge working on that side of the ship—I saw Rolfe on board—Johnson knew me—I gave him the delivery order to deliver to my craft—the other three were sailing barges—I only noticed one man in the barge—I was only on the
ship five or ten minutes—I went back next day and saw Johnson, but said nothing about the 600 bags—I did not see the John again.
Cross-examined by MR. OGLE. There were five or six barges alongside; we had been loading from the vessel several days—I believe we took away for four consignees; Ashton was one—other people were delivering for Ashton; they would have different orders and different barges—I only said, "Good morning" to Rolfe—I am positive it was not Rolfe who said that the linseed was not for me—I was first communicated with about the robbery on Monday morning, the 10th—I made no note of the conversation; I trusted to my memory.
Cross-examined by MR. METCALFE. I walked over the barge, but only noticed one man.
Cross-examined by Chamberlain. I don't remember seeing you or your putting a question to me—You have done jobs for us.
Re-examined. We used about fifteen barges, and took about 15,000 bags of linseed from the ship—I was on board every day, and on this day I walked across the John; I had not noticed her there before.
JOHN WOODS . I am a labourer—on Monday, December 3rd, about midday, I was in Millwall Docks, and saw the prisoner Chamberlain poking the barge John in from alongside the ship Avon—I did not see where the barge had been lying—Gadney was in the barge with him—they made fast to some other barges—I was working on another barge, taking seed out of the port—Mr. Malbury employed me—next morning, Friday, I saw Chamberlain on board the John, waiting to come alongside the Avon—I helped him to get the barge alongside, to do which I went on board of her—he said that he came there for 600 bags of linseed, which were going to Poplar Dock for the Midland Railway Company—Rolfe came on board the barge, and they commenced loading at once—when the 600 bags were got into the John I assisted in putting the hatches on—Gadney was not there while it was being loaded—I did not see him on Tuesday—Chamberlain was on board the barge when she was pushed away.
Cross-examined by MR. METCALFE. I had never seen Gadney before—I did not speak to him—the conversation was entirely with Chamberlain, but Gadney was with him on the barge—I saw Gadney there on the Monday.
Cross-examined by Chamberlain. I saw the barge before dinner on Monday—you did not speak to me then—the Dock Company's barge was alongside before the John—the crew of the company's barge were receiving cargo.
FREDERICK BALLARD . I am a pass-collector at Millwall Docks—it is my duty to receive a pass before allowing a vessel to leave the docks—this is the pass of the barge John—she left the dock on December 6th, about a quarter to 1 a. m.—it was dark—the number of the barge was not on the pass—I asked the lighterman for it, received his answer, and put it down, 1576, on this paper—when a vessel leaves the docks I in quire its destination.
H. W. LOWE (Re-examined). This pass is signed by Edward Johnson, the prisoner—after the cargo was returned to the dock, I checked the contents—there were 616 full bags, instead of 600, and that emptied the ship. [The pass stated:"Please pass Ashton's hired craft John, 600 bags linseed from ship Avon, Captain Brady, Lighterman J. Williams."]
Cross-examined by MR. OGLE. We went on unloading the ship for a day and a half or two days after the John was loaded.
WALTER SCOTT . I am a wharfinger of 56, Narrow Street, Limehouse—on December 5th, about 7. 30 or 8 p. m., I was on my wharf, and Gadney called and said that he had instructions to land a barge of linseed at my wharf, which is about a mile and a half from Millwall—I said, "Bring your notes down"—he said, "I will bring the barge in the morning"—I told him he had been drinking, and he left—he came next morning, knocked at my door, came through to the wharf, and said, "There is the barge," pointing to a barge with the hatches down, lying off the wharf, but not moored—I could not see the name, or if any one was on board—I asked for his landing orders—he said, "I will fetch them," and went away, and I never saw him or the barge again.
WILLIAM HENRY BURDOCH . I am a provision merchant, of Old Ford Road—I have a private wharf at 415, Old Ford Road, Ivy Gate Wharf, which is on the River Lea—on 6th December Baldwin came—he had a gentleman with him, who said, "Can you land a parcel of sweepings for me? "Isaid, "Yes"—I had to go away, and when I came back he gave me a paper to receive them—I had never seen him before or since—his name was not mentioned, but he signed the paper—I did not see him sign it—he said, "I will go to Mark Lane and bring you the proper printed orders"—I think he said something about 300 bags of sweepings, and I was told it was linseed—I had never landed things for Baldwin before—my place is about five miles from Millwall Docks—two or three days after wards Baldwin came with two gentlemen, and Shepherd, Mr. Stevens's foreman, and I said to Baldwin, "We want the owner of the barge" (we had just been to Baldwin's place to find the owner, and when we got home the three came)—Mr. Olney, one of the gentlemen, then stepped forward—I can't remember what he said, but I took it that he was the owner—I told them I would have nothing to do with the barge, and it would have to be taken away, and they agreed to do so—I did not hear what they said together, but Baldwin said to me, "If you don't think it is all right have nothing to do with it"—Mr. Olney is a very quiet-speaking man, and I did not quite hear what he said—I do not think he represented himself as the owner, but I took it that he was—they went away—Shepherd was paid a sovereign for his trouble, and the barge was taken away, and the police took possession of her the same evening.
Cross-examined by MR. GEOGHEGAN. Olney was charged at the Thames Police Court, and after hearing the evidence, the Magistrate discharged him—on 8th December, when this conversation passed, the barge was lying at Stevens's Wharf, which is next to mine, and Shepherd, the foreman of Stevens's Wharf, was in my company—Baldwin did not represent Olney as the owner of the barge, but when Olney stepped forward I drew the inference—Shepherd said, "He will have nothing to do with the barge, you had better take it away," and Olney said, "All right, we will take it away," giving me the impression that he was the owner of the barge, and responsible for it—I had only had one transaction with Baldwin before—after 11th December Olney and another man, not Baldwin, called on me—Olney inquired what had become of the barge; I told him it was in the hands of the police, and he had better go and see about it, he said that he would—the impression that he was the owner of the barge and its contents was still left on my mind—the paper first left with me I did not
think sufficient to land sweepings on, and I told my suspicions to Baldwin—I said at the Police-court, "1 said 'Mr. Baldwin represents you as the owner,' Mr. Baldwin said, 'This is the owner,' and Mr. Olney stepped forward"—some time afterwards I met Baldwin in Cheapside—he said, "It is a good job you had nothing to do with it."
Cross-examined by Chamberlain. I first saw you on the Saturday, about twelve o'clock—I asked you how long you had been waiting there—I think you said you were waiting for your governor—Shepherd said he wanted to be paid, and you said you should want to be paid for waiting about all the morning—you said, "I shall have to walk," and I gave you sixpence to ride.
Re-examined. On December 6th Baldwin came with the others and said, "Here is a gentleman, a friend of mine, who has a parcel of sweepings to land"—he was introduced as the owner of the sweepings.
EDWARD OLNEY . I am a commission agent, of 16, St. Dunstan's Street, Forest Hill—I had notice late last night to attend here this morning—I went to Mr. Baldwin on Saturday morning, 8th December, and told him I had a parcel of sweepings to sell, lying at Ivy Bridge Wharf, I was told—he said, "I will go with you," and about two o'clock he went with me to Mr. Burdoch's—he had a conversation with Mr. Burdoch, which I did not hear, and came back and said, "Mr. Burdoch says these goods are not what were represented to him some days ago, and if I were you I would have nothing to do with them"—I said, "What is the matter with them?"—he said, "According to what Mr. Burdoch says, he don't intend landing them"—I said, "If it is not good enough for you to go on with it is not good enough for me"—I said nothing about the ownership of the barge, nor did I see it or know the name of it or the quantity—I did not know that Baldwin had been there two days before with someone else, but I have heard it since.
Cross-examined by MR. GEOGHEGAN. Superintendent Mellish did not call on me; I saw him at Bow Station when I was in custody, but had no conversation with him—I may have stepped forward when Mr. Burdoch said, "Who is the owner of the goods?" but I do not remember it—I called on Mr. Burdoch on the 11th—I did not ask him what had become of the sweepings—I did not represent myself all through as the owner of the barge—I only told Baldwin that I had the goods to sell for a person in the background—I did not go to Baldwin long before the 8th, and ask him whether he could find a market for a parcel I had to sell—I have been twenty years a general dealer, not in sweepings, but in any thing convenient—I went to Baldwin to find a customer, or to know whether he could do with the goods—I could not have taken any price for them; my principals did not give me a limit; they left it to my discretion, and I left it to Baldwin's discretion—he was to find a market if he could.
THOMAS MURPHY . I live at York Street, Stepney, and am part owner of the steam-tug Alacrity—on December 5th, about 8. 30 p. m., I was near Stepney Railway Station, and saw Chamberlain and Gadney—one of them asked me whether I was going to run down with my tug in the morning—I said, "Yes"—they said that a gentleman wanted a barge towed down, and I took the barge John down the river—I saw Gadney; he had another barge—I did not notice that anything had happened to
the John—I took her to the mouth of the Lea, outside Bow Creek, and Chamberlain cast off there.
Cross-examined by MR. METCALFE. Chamberlain was on the John, and Gadney on a coal barge.
Cross-examined by Chamberlain. The man who employed me said that he lived at Mark Lane, and was a seed merchant.
WILLIAM PLATT . I am a lighterman and a publican, of 86, High Street, Stratford—the barge John is my property—I let her to the Millwall Dock Company, but she remained lying in the docks—she was given up on 30th November—I never gave anyone autherity to remove her from the docks—on 8th December it came to my knowledge that she had been removed and damaged by a steamboat—I found her lying at Stevens's Wharf, Old Ford, with about 40 tons of linseed in her.
Cross-examined by Chamberlain. You came to my public-house on Tuesday evening the 11th, and I said, "Why did you load my barge and take her out of the dock without autherity?"—you said, "I loaded it for Mr. Williams"—I said, "You had no autherity to load for any Mr. Williams"—Mr. Doring is my brother-in-law—you said, "Mr. Williams has gone round to see Mr. Doring, I sent Williams round to him, but Williams did not go"—I said, "Doring knows nothing about it"—I do not recollect your saying that Doring told him to take her.
Re-examined. I knew Chamberlain before.
PETER PEARSON . I have waterside premises at Cubitt Town—one Sunday, between 8. 30 and 9 p. m., Baldwin came to my house and asked me to land a barge of about 50 tons of stuff for him; I said, "No, we are not wharfingers, we only have a wharf for our private use," and he went away.
GEORGE JUDGE . I am a constable of the Lea Conservancy—on December 10th I went to Millwall Docks with Finch, and saw Johnson on the ship Avon—I asked him if he had loaded a barge called John; he said, "Yes"—I said, "What with?"—he said, "600 bags of linseed"—I said, "Can you show me the receipt?"—he said, "Yes," and produced this receipt book. (Read: "Received in good order from the ship Avon in Ashton's hired barge John, 1576,600 bags linseed.—J. WILLIAMS."—every barge has a registered number which you can see, but there is no barge 1576; the John is No. 592—I then asked Johnson if he could show me a sub-order; that is the document on which he could have delivered—he said, "Yes," and then he said he could not—I asked if it was any part of his duty to look over a ship's side and make sure what craft he is delivering goods into—he said, "Certainly not"—I said, "How do you know what barge you are delivering into?"—he said, "From what the lightermen tell me"—I then left the ship and went and got the pass upon which the barge had been allowed to leave the docks—I saw the barge off Stevens's Wharf, with 600 bags of linseed on board.
Cross-examined by MR. OGLE. I did not know that Johnson was suspected of being in the conspiracy—I went there to make inquiries;—I told him I was an officer of the Lea Conservancy—my questions were not to get admissions from him—the receipt is all in one writing, except the signature—the number on this pass, 1576, is in pencil—the number of bags in the receipt correspond with the number of bags in Johnson's tally-book, and the name of the ship and barge, and the trade mark.
Cross-examined by MR. GEOGHEGAN. On Sunday, the 9th, I went to Stevens's Wharf between four and six o'clock, and found the barge in the custody of the Metropolitan Police—anybody asking for it would be referred to the police.
Cross-examined by Chamberlain. I never saw you before I came to your house on the 13th with two others—I did not ask you questions; In spector Jeffery did—he had been with me all day; he was not intoxicated—I did not try to make him say something which you denied.
WILLIAM FINCH (Thames Conservancy Constable). On 10th December I accompanied Judge on board the Avon, and saw Rolfe—I said, "Do you know anything about a barge called the John, lying in the River Lea?"—he said, "I partly loaded her," and referred to the book—I said, "To whose account was she loaded?"—he said, "To Game, Bowes'"—I said, "How many did you load into her?"—he said, "310 bags," and that Johnson completed the loading, and made it up to 600; Johnson then came on board, and Rolfe said, "Mr. Johnson, about this barge John; she was loaded against Bowes' account?"—Johnson said, "No, Ashton Erridge's"—they had a suppressed conversation, which I did not hear—Rolfe closed his book up, put it in his pocket, and walked away—Judge asked Johnson who signed the pass—he said, "I did"—Judge asked him about the number—he said that it was the number the lighterman gave him—on 12th December I went to 53, Grosvenor Street, and saw Gadney—I said, "I am making inquiries respecting the barge John, lying in the River Lea; do you know anything about it?"—he said, "Yes, I took the barge out of the dock"—I said, "Who employed you?"—he said, "A man named Williams"—I said, "Can you tell me where he lives?"—he said, "He has offices at 16, Mark-lane, I took the barge out of Millwall Dock, and took her to Scott's Wharf, Limehouse, and while making her fast a steam boat ran her down, and fearing she was sinking, I called for the police to take us off, and Williams said, 'Hold your noise, you b——fool; we don't want the police; a fiver will shut your mouths'"—that next morning he went to Scott's Wharf to see if they would land the stuff, and Mr. Scott said he would have nothing to do with it, and told him to take the barge away—I asked him if he had any objection to go to 16, Mark Lane with me, to see if he could find Williams—we went there, but no such person had offices there—I went next day with Jeffery to the Star beer house, and saw Gadney again; he said there was something which he had forgotten to tell me, which was that he assisted in taking the barge from Bromley to where she was found.
Cross-examined by MR. WARBURTON. Rolfe protested that he was innocent, and had acted under Johnson's orders; he has said that all along.
Cross-examined by MR. METCALFE. Gadney gave me his statement right off—I had not cross-examined him at all—he was with me in the after noon, and said he thought Williams might be at the Corn Exchange or other places, and we went to a number of places and tried to find him—Gadney was taken on the evening of the 13th—I have made many inquiries about Williams, and believe he is a fiction—I have not inquired of Mr. Burdoch, and have not heard him say that a person was present at one of the interviews, who gave his address 16, Mark Lane.
Cross-examined by Chamberlain. I first saw you on Thursday evening, the
13th—I came to your house with Judge—I did not hear you say, "What is the use of asking him any questions now you have made him drunk?"—he had not been about with me all day; only from dinner-time till 7 p. m., when he left, and I did not see him again till between ten and eleven.
JOHN JEFFERY (Police Inspector K). On the afternoon of December 11th Johnson and Rolfe were handed over to me by a Dock police sergeant, and Mr. Lowe said, "I want to charge these men with being concerned with others not in custody with stealing 600 bags of linseed from Millwall Dock"—the charge was read over—Johnson said, "Very well," and Rolfe said, "I am innocent"—he began to cry, and said, "I know nothing of it"—on December 13th I went with Finch to the Star beerhouse, and saw Gadney—I told him I was a Police Inspector, and from information I had received from Millwall Docks I should take him in custody for being concerned with others in stealing a barge and 600 bags from Millwall Docks—he said, "Yes, I was there; I took the barge out"—on the way to the station he said, "I wish I had been dead twenty years ago, before I dropped into this."
Cross-examined by MR. METCALFE. He said to me, "Yes, I was there, and I assisted a man named Williams, who employed me to take the barge out of the dock."
Cross-examined by Chamberlain. I went to your house about twelve o'clock—I don't remember you asking me why I brought him there when he was drunk—one of them said, "Wake up, you are not drunk"—I went there to take you in custody, but did not because you said you had just left Mr. Wildey, and made an appointment with him to find Williams.
THOMAS FLORMAN (Policeman K 110). On 11th December I was in Mr. Platt's public-house, and heard a conversation between him and Chamberlain—on 12th December I saw Chamberlain again, and told him I was making inquiries about the barge John, and wanted him to tell me all he knew about it; he made this statement, which I took down. (This stated that he met Williams near Stepney Station on 3 rd December by appointment, that they went to Millwall Docks and inquired for the barge, and went on board for twenty minutes, when Williams ordered him to stow 600 bags, and when loaded he ordered him to cover them up while he got a pass; that Williams brought the tug Alacrity, and told him he would meet him, and afterwards met him at Cook's house, and told him to take the barge to Ivy Wharf).
Cross-examined by Chamberlain. The porter at Mark Lane said that you had been there.
GEORGE MELLISH (Police Sergeant K). On 23rd December I took Chamberlain—I said, "I am a police officer; last night I received information that on Monday, the 3rd instant, you took a barge to the ship, and next day, Tuesday, you loaded it with linseed and took it away; you will now be charged with the others in stealing the barge and the linseed"—he said, "I was not on the barge on the Monday; I didn't know about Tuesday; if Brooker had not asked at first who it was for, it would have blown over."
Cross-examined by Chamberlain. You did not mention Williams—I did not hear you say that you worked for him.
Cross-examined by MR. GEOGHEGAN. I saw Olney in the witness-box; he was never in my custody—I went with him to Baldwin's house after he was in custody—he did not tell me that he had told Baldwin he was
the owner of the barge, or that he represented himself as the owner—Baldwin was committed for trial, and let out on his own bail only.
Cross-examined by MR. WARBURTON. Rolfe was on bail too with sureties.
Evidence for Chamberlain.
----MCGUIRE. I am craft inspector of Millwall Docks; I look after the barges—on December 3rd, in the afternoon, somebody came to me and asked if the craft John was returned by the Millwall Dock Company—I said, "Yes"—he said, "I have instructions to take her"—I will not swear it was or was not you—I said that it was singular, I had always done business with Mr. Doring, the son-in-law; whoever he was, he was not the person who I expected to apply for her—I said that she was returned on the 30th—he asked me if he could take the barge; I said that I had no power, and I was surprised he should come from Mr. Platt, as I had always had dealings with Mr. Doring—my impression is that it was a shorter man than you, but I was very busy—this was about 200 yards from the Dock gate.
Cross-examined by MR. METCALFE. Whoever it was, it was not Gadney.
Chamberlain, in his defence, stated that he was employed by Williams, which Shepherd could have proved, and that the Mr. Plait wham McGuire referred to was not the man who sent him, but his brother John.
(Johnson and Rolfe received good characters.)
GUILTY . The Jury recommended Rolfe to mercy.
JOHNSON, CHAMBERLAIN, GADNEY* and BALDWIN* Eighteen Months' Imprisonment each. ROLFE Twelve Months' Imprisonment.
THIRD COURT.—Wednesday, January 9th, 1889.
Before Mr. Common Serjeant.
143. EDWIN TAYLOR (35) PLEADED GUILTY to obtaining by false pretences, with intent to defraud, £5 from Thomas Brewer, and other moneys and goods from various other persons; after a conviction at Guildhall in December, 1887. The prosecutor expressed a wish that the prisoner should be dealt with leniently— Six Months' Imprisonment.
144. ARTHUR SCRIVENER (28) , To two indictments for forging and uttering requests for the payment of £5, and to two other indictments for forging and uttering receipts for £5 — Six Months' Hard Labour. [Pleaded guilty: See original trial image.]
For case tried this day in this Court, see Kent cases.
OLD COURT.—Thursday, January 10th, 1889.
Before MR. JUSTICE DENMAN.
MR. GRIFFITHS Prosecuted, and MR. BROMBY Defended, at the request of the Court.
Green, about 100 yards from 31, Walham Avenue—on the night of the 26th of December, at 11. 56, I was called by the prisoner to Walham Avenue—I went with Hinson and the fire escape and engine to the Avenue—I there saw the prisoner—I asked her whereabouts the fire was, and she said it was upstairs in the first floor landing—I went up there—I found a small mat alight lying on the floor between two doors, and the flooring underneath the mat alight; the bottom corner of the doors were alight—I got a bucket of water, and put it out—the prisoner was then downstairs—I asked her if she could account for the fire—she said she could not, but the old man had been running in and out two or three times during the day—I asked her his name, and she said Hong—I searched the rooms on the first floor to see if there was any fire or any person inside—I found no one—the rooms were perfectly safe when I went away—I found no fire except that on the mat and the doors—I then went away, leaving Hinson there—he returned to the station at 12.40 a. m.—I ordered him to go back—soon after that I was again called to 31 by a man, a stranger; I then found the things well alight in the front room first floor—the bed was on an iron bedstead—at that time the prisoner was outside the door, and I had to get one of my men to keep her outside from interfering with me in the execution of my duty—in turning over the bed to extinguish the fire, I found what appeared to be the remains of half a pound of butter; it was in paper, but partly melted—there was a paraffin lamp on the washhand-stand; it was empty, no oil or wick—two females tried to come up the stairs, but I ordered them down again—I asked the prisoner how she could account for the second fire, but I could get nothing from her definitely—it is hard to say whether she was sober or drunk; she was very excited, but whether caused through drink or not I was not able to say—a constable was sent for to remove her out of my way, which he did.
Cross-examined. She seemed very strange and excited; this was the night of Boxing Day—she said that "the old man" was in and out during the day; she did not mention Mr. Hong's name—I did not know who she was alluding to—I have had a fair experience as a fireman—after a fire we generally leave a man to see that all is safe—I have known instances where a fire has broken out again, but not so far from it—these fires were not near enough to have caught from each other; one was outside and the other inside—the street door was open.
Re-examined. After the fire had been extinguished I asked the prisoner the name of the man who occupied the room, and she said Hong.
By the Court. She did not say anything that made me think she was very strange; she was talking gibberish; I could not understand her; like a person who was either mad drunk or out of her mind—she seemed very excited and strange—I sent for a constable to take her away; she wanted to attack the two women who came to the house.
FREDERICK MILES HINSON . I went with the last witness to 31, Walham Avenue—I saw the mat on fire, I helped to put it out; it was securely put out, there was no smouldering left—I stayed in the house for a space, and then went back to the station—I received instructions from Weller, and went back to 31—when I neared the house I saw the reflection of a fire in the first floor front room—I went into the house and saw the prisoner come out of the front room—I asked her for an explanation of the fire—she gave me no reply—she tried to get past me and go
downstairs, but I detained her—I sent for assistance—the window of the room was open, and smoke was going out into the Avenue—the bedding was well ablaze—the prisoner was the only person I saw in the house—when Mr. Weller came we went into the room and found the place on fire, the bed and bedding well alight.
WALTER CUDMORE (Policeman T 462). On the early morning of 27th I was sent for to the house, and saw the prisoner lying on the top of the landing—she was excited—I saw no signs of drunkenness about her—she was talking loudly to the fireman—I did not hear what she said—I took her to the station, and the charge was read over to her—she made no reply.
JOSEPH PEARCE (Police Inspector). I received the prisoner in custody—she was suffering from drink—she was charged with attempting to set fire to the house—she said, "Two fires never occurred there, it was not me that set it on fire"—I went to 31; I found the bedding all burnt—in searching downstairs I found an empty half-gallon oil-can—I did not detect any smell of paraffin in the room.
JAMES HONG . I occupy the front room first floor—no one but myself and family and the prisoner lived in the house—the landlord only calls once a week for the rent, on a Monday—I and my family had gone out on the 24th to spend Christmas at my daughter's at Hammersmith, and I returned on the 27th, about eleven—the landlord's agent is a young man.
NOT GUILTY .
THIRD COURT.—Thursday, January 10th, 1889.
Before Mr. Common Serjeant.
MR. HUGGINS Prosecuted.
GUILTY — Three Months' Hard Labour.
DORA COHEN . I am a widow—I live at 8, "West Street, St. James's—I keep a piece broker's and trimming shop there—on 24th December I fastened my doors at night at one o'clock—I observed everything was safe and sound—at half-past eight next morning the police called me, and I missed these goods (produced), Italian cloth, linings, reels of silk and black satin, and a sealskin muff and two bottles of stout.
GEORGE BARTON (Police Inspector D). On 24th December, at 7 a. m., I was in Oxford Street—I saw the prisoner carrying this sack on his back, accompanied by two other men—they turned into Rathbone Place, and then into Upper Rathbone Place—one of the men turned, and saw I was following—he crossed the road and spoke to the prisoner I—they turned, a little further up, into Dunoon Passage—I ran as far as I could, and saw them nearly at the far end of the passage—the prisoner was without the sack—I went up and arrested the prisoner; the other two men ran away—I said, "Come back with me to where you have put the sack in the doorway"—he said, "What sack? you have made a mistake; I know nothing about it"—I took him back to where the
sack was placed in a doorway—I dragged the sack out into Charlotte Street, keeping hold of the prisoner, and I blew my whistle—a private individual carried the sack to the station for me; I took the prisoner—the sack was searched at the station, and found to contain 95 pieces of Italian cloth, 35 pieces of satin, and 13 reels of silk and gimp, and two bottles of stout were found on the prisoner—I said to him, "Are you going to tell us where you got the things from; how you became possessed of them?"—he said, "No"—on examining more minutely I found the name and address of Mrs. A. Cohen, 8, West Street, on the brown paper in which the satin was wrapped—I asked him if that was where they came from—he said, "Yes, I don't know that was the street, exactly, but it was a little street off Regent Street"—I asked his name; he gave the name of Prettimore—he was taken to Marlborough Mews Station—when charged he gave the name of Michael Sullivan, but he made no other reply to the charge.
HENRY KIMBER (Police Inspector C). I examined the premises, 8, West Street—I found entry had been effected by passing through the passage from the street, and forcing the catch on the back parlour window, entering into the shop, taking the goods, and leaving by the front door—there is a door to the passage from the street—the door is closed—marks were visible on the back parlour window, where the catch had been forced back—that window opens into the back parlour, and the back parlour is a continuation of the shop—I found a skeleton key on the prisoner which easily opened the street door into the passage.
DORA COHEN (Re-examined). The door into the passage was secured by a good lock; it was locked over-night when I went to bed. The Prisoner in his defence said he had been in great distress; that he met two men with the sack, and consented to carry it for them for 2s. or 3s.; that they put the key, the reels, and the other things in his pocket, and he carried the sack, following them; that they told him to place it in the doorway; that he did so, and that as he waited the Inspector caught him.
G. BARTON (Re-examined). When they turned into Rathbone Place, the two men crossed to the other side of the way, leaving the prisoner on one side by himself—when I first saw them they were all together, the prisoner in the centre of the two men.
GUILTY of receiving .— Six Months' Hard Labour .
MR. TURRELL Prosecuted.
WILLIAM WALLACE . I live at 14, St. Pancras Road, and am a cook at a coffee and dining room—on 27th December, about twenty minutes to 1 a. m., I was coming down Pentonville Road, when the prisoner and another man said, "Will you have a cup of coffee?"—I said, "All right"—I did not have it—he tried to steal my watch and chain; when I saw what he was at I buttoned up my coat; we walked on, and he tried to pull me round Cammon Street—I would not go round there; I walked a little way down, and crossed the road there—then the prisoner put his leg in front of me and threw me down—I got up; he threw me down again, the side of my face getting grazed on the ground—he made another attempt to get at my watch and chain—I managed to get up—I said, "I will give you half-a-crown if
you will let me alone"—I gave him the half-a-crown, and ran away, with him after me—I was stopped by a policeman in plain clothes at the corner of Caledonian Road—he spoke to me, and took me to the prisoner—I said, "That is the man that knocked me down and attempted to steal my watch and chain"—the prisoner said nothing—I had been drinking—I cannot say whether I was sober or not.
Cross-examined by the Prisoner. I did not knock you down, I swear; I never hit you at all—you had your hand on my waistcoat, and when I looked you pulled it away sharp—the chain was visible then.
WALTER SELBY (Policeman G 218). I was on duty on 27th December, in Pentonville Road, at ten minutes to one—I saw the prosecutor, covered with mud, running in the direction of King's Cross; the prisoner was following him very closely—I attempted to stop the prisoner; he ducked his head and ran in the direction of the Angel, for about ten yards—Shrimpton followed the prosecutor—I caught the prisoner and said, "I am a police officer; I think that there is something wrong, and you will have to stay till the other man is brought back"—Shrimpton then arrived with the prosecutor, who was in a very excited state—the prosecutor said, "That is the man that knocked me down, and attempted to steal my watch;" he gave him into custody—the prisoner said nothing at all—the prosecutor had been drinking; he was not drunk; I think he knew what he was doing—the prisoner may have been drinking, but I could not discern that he was in any way the worse for drink—in reply to the charge at the station, the prisoner made no reply—I found 9d. on him.
By the JURY. The prosecutor had two cuts on the right cheek, as if from a fall—the prisoner had nothing the matter with him—I noticed no mud or marks of violence on him.
FRANK SHRIMPTON (Policeman G 127). I was on duty with the last wit ness on this night—I saw the prosecutor running, about ten or twelve yards in front of the prisoner—I chased the prosecutor, and when I got to the corner of the Caledonian Road I asked him what was the matter—I brought him back to the prisoner, and said, "Do you know that man?"—the prosecutor said, "Yes; that is the man that knocked me down, and tried to take my watch"—the prisoner said nothing.
By the JURY. The prosecutor told the inspector at the station, in the prisoner's presence, that he gave him half-a-crown to let him go—the half-crown was not found on the prisoner; it was said there was another man with him—I did not see the other man—I saw no marks on the prisoner; he was not bleeding.
WILLIAM WALLACE (Re-examined by the COURT). I did not see the other man after we left the coffee-stall—I think we left him at the coffee-stall; I did not see him when I gave the prisoner the half-crown; I was some way from the stall then—I am quite certain I gave it to him—I don't know what he did with it; directly I gave it to him I left.
He then PLEADED GUILTY** to a conviction of felony at this Court in October, 1884.— Eighteen Months' Hard Labour.
NEW COURT.—Thursday, January 10th; and
OLD COURT.—Friday, January 11th, 1869.
Before Mr. Recorder.
MR. SANDERS, for the Prosecution, offered no evidence.
NOT GUILTY .
MESSRS. BESLEY and BODKIN Prosecuted; MR. GILL Defended. ERNEST CHARLES GREENE. My father, who was clerk to St. Pancras Burial Board, died on 24th December—he gave evidence in this case at the Police-court—this is his signature to his depositions at pages 3, 30, and 67.
Cross-examined. Mr. Healy was employed under my father—I was present twice at the Police-court when my father gave evidence—I did not give evidence—I was employed at the cemetery in my own name; never in the name of Vernon—I never passed as Vernon—I have no brother—I assisted the defendant in booking the day orders and superintending under him—that was seven years ago—I was supposed to be there a fortnight, but I was there eight months, as the Board put off making the appointment—I never applied for it—Mr. Dunsford employed me, and paid me; the Board did not recognise me—I never worked outside, only in the office, which is in the cemetery—I never signed any book for the money I got, but Mr. Dunsford put it in the book—I was paid £1 a week on Saturdays, and ceased to work when Mr. Death was appointed—I remember an attack being made on Mr. Dunsford, and one of his eyes being destroyed; and the men were sentenced to penal servitude—he was ill for some time.
Re-examined. Mr. Dunsford's brother assisted him before me—the business was planting, and the meeting undertakers at the office in the cemetery—the Board meetings were at the Vestry Hall, and sometimes at the cemetery—I worked eight months before his brother came—I think the objection to my getting the appointment was that I was not old enough—I did not apply—I was 25.
JOHN SMITH . I am usher at Clerkenwell Police-court—it is my duty to administer the oath to witnesses—on the hearing of the charge against the defendant, Charles Green was called as a witness, and I administered the oath to him; this is his deposition—it was read over to him before he signed it, and this is his signature—the defendant had the opportunity of cross-examining the witnesses, and Mr. Wontner represented him—Mr. Horace Smith was the Magistrate—I find Mr. Green's signature again on 10th November; he was then sworn again—on 24th November the same witnesses were called and sworn, and signed their depositions—the Magistrate's signature is at the end of the depositions.
Cross-examined. The inquiry began on September 12th; there were a great many hearings—Mr. Besley appeared on the last occasion and addressed the Magistrate.
Re-examined. No evidence was taken on the last occasion—Mr. H. Smith went away for a holiday, and there was an adjournment without
evidence, another Magistrate being present. (The deposition of Charles Green was then read, which stated that he was Clerk to St. Pancras Burial Board, and that the prisoner had been Superintendent of Finchley Cemetery, belonging to St. Pancras, since July, 1875, and had the payment of labourers and grave-diggers;. that it was his duty to enter in the labourers' book all receipts and payments, and obtain the signatures of all persons paid; that the Board gave him a cheque in advance each month, for the wages and expenses, and that at a meeting of the Board to go through the accounts with the auditors a few days after the prisoner's suspension, he was given in custody, and the Board passed a resolution to prosecute him.) Two agreements between the defendant and the Board were also put in.
ALFRED MARCUS LEWIS . I have been Superintendent of the Islington Cemetery at Finchley sixteen years—roads go through the cemeteries inside the gates, dividing one from the other, which are repairable at the joint expense—up to the last eight years St. Pancras employed the whole of the men, but a resolution was come to between the two Boards that the work should, be jointly done, and Dunsford had a copy of it—from that date, 13th December, 1880, the resolution was acted upon—I have the labour book which relates to Islington—here is an entry on 11th October, 1884, of the joint men; they were Valentine and Eaton—I paid them £1 4s. each, and they have signed their names in full—next week it was St. Pancras' turn to pay—on November 8th I paid the same men £1 4s. each, and have got their signatures here—I also paid the joint labourers on 13th June, 1885; I paid Akers £1 4s. and Eaton £1 4s.—Akers was living in the cemetery, and I deducted four shillings for his rent—on July 25th, 1885, I paid Akers and Eaton £1 4s. each, and they signed for it—on October 17th, 1885, I paid Valentine and Eaton £1. 4s. each—on November 21st I paid Eaton £1 4s., and he signed for it, and £1 4s. on December 19th—on January 16th, 1886,1 paid Eaton £1 4s., and he signed for it—I have no signature of joint work on May 15th; I gave Eaton £1 4s.—May 29th, 1886, was an Islington week, and I paid Valentine and Eaton £1 4s. each; I paid nothing to George Dodd or Bolding—on December 4th, 1886,1 paid Valentine and Eaton £1 4s. each.
Cross-examined. We employ a great number of men regularly, and take men on at odd times through press of work—we do not borrow and lend men between the two cemeteries, but if I discharged a man another would be put on, and the discharged man could go and work at St. Pancras, but I did not pay him—odd men not working regularly for me have very likely worked for Mr. Dunsford—I remember the assault being made on Mr. Dunsford; he was very seriously assaulted, and lost an eye—I have not sent different men in place of Valentine and Eaton for the last four years; I heard Eaton say so, but that was for Sit. Pancras; if Mr. Dunsford thought fit to do so he did so—I always paid the men whose names are in my book; I never paid men sent in their places—Mr. Dunsford paid joint men, as I did—suppose two men are on that week, and he thought fit to change Eaton and put another man there, he would do so; but if he did Eaton would come and take the money—my book goes to the clerk once a month, and it is out of my hands three days—the man I employ puts his name down, and the clerk to the Board checks it, casts up the monthly account, and draws the cheques—I do not carry on any other business; my time is entirely given to this—Mr.
Dunsford is a very respectable, well-conducted man, as far as I know—he had the misfortune to be thrown out of a trap and injured.
Re-examined. The man who takes the money has to sign—I have only once made payments Or received accounts on two consecutive weeks—that was through my man being ill—only one man was on, and Mr. Dunsford sent him to me to pay him—that was eighteen months ago—I had not time to go and visit Mr. Dunsford when he was laid up—Eaton was the principal St. Pancras man since October, 1884, and lately we have had Bridge.
WALTER VALENTINE . I am a labourer, employed by the Islington Burial Board at Finchley Cemetery on joint work, and was paid first by one Board and then by the other—I was put on to joint work six or seven years ago, and was working on it till about three weeks ago—I have never been paid by the same Board two weeks running—my wages were £1 4s.—this is my signature in the wages-book—I received £1 4s. on 11th October, 1884, from Islington—I also find my name in the St. Pancras book in the column of men's names, and the initials "W. B." at the side—these are not my initials, nor was I paid anything by St. Pancras that week—on 15th May, 1886, I received £1 4s. from Islington, and find my signature in the book—on the same date I found my name and initials in the St. Pancras book—these are not my initials, nor did I receive any money from St. Pancras—on 4th June, 1886, I find my name in the list of men at St. Pancras, and opposite it the initials "H. A."; I did not autherise Henry Akers to receive money for me, nor did he ever do so to my knowledge—I find my name in the Islington book on June 4th, when I was paid £1 4s. and 2s. 6d. for overtime—on 10th July in the St. Pancras book I see the initials "W. V.;" they are not mine, nor did I on that date receive £1 4s. from St. Pancras—on 12th November, 1887, in St. Pancras book I see opposite the amount"Paid, F. D."—I did not receive that money that day—I never got paid by Islington and by St. Pancras for the same week's work.
Cross-examined. I have been taken over these books about three times—Mr. Death used to be at the office at the cemetery, but he is suspended now; he left after the charge was made against Mr. Dunsford—it is not the fact that for the last four years I was nearly always paid by Mr. Death—I was paid on Saturdays at the cemetery office—I do not know that Mr. Dunsford was hardly ever there on Saturdays; I think he was as much there as the other one—I do not know that a list used to be sent to his house—Mr. Death has not talked over this matter with me—he is outside—he has not spoken to me about it during the last few days, in the presence of other men—twenty or thirty men were paid at the same time as I was—men were sometimes taken on to work for a short time, but these men did not sometimes work on joint work—I did other work besides joint work; I did grave-digging and worked on the road, but I do not remember a strange man being put in my place—the extra men taken on were strangers—when Mr. Death paid me he would have the book before him—I have seen him there with it before him when Mr. Dunsford was not there—I do not remember money being given to men to give to other men who were not working in the cemetery, or men being paid for two weeks at one time, or one man taking another man's money who had been put on in his place—I remember Mr. Dunsford being assaulted, but
do not know in what year it was—I also remember an accident he had, which prevented his getting about, but do not remember how long he was away—I see my name in September, and Akers' name—I do not know whether that is Akers' writing; he appears to take my money; I did not let him do so—I do not remember his taking my money, and giving it to me; I would rather fetch it myself—I am not employed by St. Pancras at present; somebody has been taken on in my place—I have only been employed by them on joint work, and not so much at Islington—I am still employed at Islington—Mr. Death never asked me any question, or spoke to me about where I had been working the week before.
Re-examined. I was paid by Mr. Lewis for Islington—I have never been paid by Mr. Death or Mr. Dunsford, excepting on joint accounts—I never got double wages the same week, nor have I had wages from St. Pancras two weeks following, or from Islington two weeks following.
HENRY AKERS . I am a labourer living at East Finchley—I have been in the service of the Islington Burial Board—I have at times worked on the joint roads—in the book before me I see an entry for the week ending 13th June, 1885, with my name in a column—the initials to the receipt of the £1 are mine—when working on the joint account I was paid one week by Islington and the next week by St. Pancras—I received that £1 from Mr. Lewis—I never received wages for one week both from St. Pancras and Islington, or for two following weeks from each—I cannot read writing—the initials to this entry in the St. Pancras book for the week ending 13th June, 1885, are not mine—on 25th July, 1885, I received £1 from Islington, and signed my name "H. Akers"—the signature in the St. Pancras book, at page 43, is not mine—I never took money for Valentine, and never signed for his money—on 4th June, in the St. Pancras book, the initials "H. A." are not my writing.
Cross-examined. I have seen different gentlemen about this matter six, seven, or eight times perhaps—once or twice I was called into the office at Finchley—I can't recollect the man who first spoke to me about it; he was a tall, ginger-whiskered man, I think; I don't know his name; he was with me about half an hour; there were two or three more gentlemen there, I think; they all asked me questions—I can just write my own initials; I can't read very well, I can't read writing—I have not seen strange men working; if they set different, men on, they were men belonging to the cemetery; it was just as the Superintendent wished—I only know of one case where another man was put in my place, and I being put to something else; that was a good while ago—extra men were sometimes wanted for the joint work; Mr. Dunsford generally put them on—besides joint work I weeded and mowed the sides of the road—when a man was put on in my place to do joint work I should be doing other work in the cemetery—I suppose the other man would then take the money for the joint work—I did not work for anybody outside the cemetery—I have been there thirty-three years—Mr. Dunsford was very seldom at the cemetery on a Saturday for the last three or four years—I was nearly always paid by Mr. Death—I did not notice that there was a book before him when he paid me—at page 106 in the St. Pancras book I see my name; it looks a good deal like my writing—I can't read the writing opposite it—I was paid full money at St. Pancras, whatever work I was doing, £1 4s.—if a man was working in my place he would get the full money—sometimes
there would be fourteen or fifteen men to be paid, grave-diggers and all.
Re-examined. Mr. Lewis was my master at St. Pancras—I can't say how often I went to St. Pancras when I worked on the joint roads—sometimes I was there a month or six weeks, and then Valentine went—he was on more than I was—I was never paid two weeks following at St. Pancras—when I did the joint work I came back to Islington again, and went on with my work under Mr. Lewis.
ALFRED MARCUS LEWIS (Recalled). On the 13th of June, 1885, Akers was employed on joint road account—I paid him myself; the book was opened—he was living in a cottage—we deducted 4s. for the rent—his wages were £1 4s.—we have printed rules in our book for joint work—there were two men, one for each cemetery—at this date Akers and Eaton were the men—Akers was at Islington, and Eaton St. Pancras—if a strange man was put on his work I should not allow him to take his money and sign his name—Akers was paid by me on the 19th of September, 1885, for regular work, not joint work—this is his signature—at that time he was too ill to work, but 1 paid him.
Cross-examined. I am looking at 18th September, 1885—in the other book it is 18th September, 1885—I paid him one week while he was ill, but I was not allowed to pay him for the following—I paid him on the 25th.
HENRY EATON . I live at Hayes Cottage, Red Lion Hill, Finchley—I have been a labourer in the service of the St. Pancras Burial Board for six years—I am occasionally put on joint work—in the St. Pancras book, on 11th October, 1884, my name appears in the column of "labourers employed"—against that are the initials"H. E."—they are my initials; the amount of wages was 24s.—I find in the Islington book an entry of 24s. of the same date, "H. Eaton"—I signed that—I never took the two sums—in the Islington book, on 8th November, 1884, I find my name in the list of labourers—I received my money that week from Islington, and I signed "H. Eaton"—the initials for the same date for 24s. in St. Pancras book are not mine, and I did not receive the money—on 11th July, 1885, I received the money, and signed for it—the initials in the St. Pancras book of that date are not mine, and I did not receive that money. (The witness gave the same evidence as to 24th July, 1884, 17th October, 1885 21st November, 1885, 18th December, 1885, 16th January, 1886, and 29th May, 1886.)
Cross-examined. I have no recollection of these matters except from what is in the book—besides joint work, I did ordinary work in the cemetery—when that was the case another man went in my place—I then got the money instead of him, and he would take my money at St. Pancras—it has sometimes happened that my attention has been called to the fact that I had not signed for my money, and I signed afterwards—some of the work in the cemetery would be the work of a skilled gardener, and some that of an ordinary day labourer—I was always paid by Mr. Death of late years.
Re-examined. I was always paid at the office at St. Pancras, and by Mr. Lewis for Islington—these offices are about a quarter of a mile apart—when Mr. Lewis paid me he had a book—I have not signed my name for another man at Islington, only for Dodd when he did work on the
joint—joint work was not continuous every week—I always signed my own name or initials when I received wages.
A. M. LEWIS (Re-examined). The proper week for Islington making payment for joint work was 11th October, 1884—I paid Eaton his money and took his signature—the next week was St. Pancras; I did not pay that week—I paid him on 8th November, 1884, on 11th July, 1885, on 25th July, 16tn October, 21st November, 19th November, 15th January, 1886, and May 29th—I took his receipt on these occasions—I never allowed a man to sign for another—the last monthly total for wages was £65; it varies—in joint work I send one man, and Dunsford one—that would amount to £2 8s. a fortnight, something like £60 a year.
Cross-examined, These entries extend over four years—joint work is unskilled labour—gardening requires training—it was my impression that whenever Eaton took his money it was for joint work, and that he always signed his own name—I had no knowledge of his working some where else, and a labourer being in his place—I was brought up as a builder—I have been clerk of works fifteen years in large public works in London—I have had experience in keeping books all my life—the prisoner was a gardener.
GEORGE DODD (the elder). I live at Corner's Cottages, Finchley, and am a labourer—I nave worked for the St. Pancras Burial Board at hay making time, at no other time—I have done no other kind of work for them—I was paid 3s. 6d. a day—in haymaking time, 1888, Mr. Death (who always paid my wages) paid me 24s. one week—I can neither read nor write—I made a mark for it—the prisoner only paid me once, that was four years ago—I was first employed five years ago this summer; I have worked regularly since at haymaking for five or six weeks in the year except one season four years ago, when the prisoner sacked me.
Cross-examined. The Dodds are a large family—I had a large family—I have a son George Dodd, and he has a son George Dodd—I don't know any other George Dodd—I have a brother named Dodd who works as gravedigger at the cemetery—I don't know what was written down when I touched the pen—Mr. Garrett at the Cemetery Lodge first spoke to me about this—afterwards I saw the gentlemen in the Board-room—I don't know if they were Mr. Dunsford's party or the others.
Re-examined. No other George Dodd but I and my son worked at the cemetery—my son was carman four and a half years ago; he had the sack at the time I did, and has not worked there since.
GEORGE DODD (the younger). I am the last witness's son—I was employed in the haymaking season about four and a half years ago by the prisoner—I have never worked at the cemetery since—I am a carman with my own horse and cart—I and my father were discharged to gether.
Cross-examined. I have had two or three brothers who worked at the cemetery at different times—I have some uncles and cousins and brothers working there now, I believe, all of the name of Dodd—my brother Sam Dodd has worked there from time to time I believe; I believe he has been there eight or nine years.
GEORGE BOLDING . I live at Crown Cottages, Willesden Green—about two years ago I worked for the St. Pancras Burial Board for eight months; that is the only period at which I worked for them—Mr. Death paid me a guinea wages, except on two occasions, when the prisoner did
so—I never received 24s. wages—I see my name here in the list of labourers against my initials G. B.—on 13th March, 20th March, 2nd April, 9th April, 23rd April, 30th April, 15th May, 22nd May, 29th May, 4th June, 11th June, 18th June, 25th June, July 30th, August 6th, and August 13th, 1886, I see my initials, I received on each of these occasions £1 1s.; it appears in the book on each occasion £1 4s.; when I signed my initials £1 1s. appeared—on 22nd May and 4th and 18th June "Drainage" is written at the side of the page.
Cross-examined. On each of these occasions Death paid me, and I had the book before me—I don't remember the dates when the prisoner paid me—I always did ordinary labourer's work—I was along of the grave diggers and drainage men—I was not called an extra joint man—I was never employed on joint work at all—I was always working at the drainage on the first road; four or five more worked with me—Dicks, Edwards, Dodd, Batchelor, and Gibson—after we had been working three weeks or a month an arrangement was made by which we were allowed two pints of beer a day each, without paying for it; that went on for the rest of the time we worked there—Death knew that—I never saw the prisoner except the twice—we were always paid on Saturday, except once or twice, when it was Friday.
Re-examined. Bill Dodd was employed on this drainage work—he is neither of the two Dodds here—I have not been employed for the last two years—I have never been to Mr. Lewis to be paid wages for joint work—they brought the beer on the place—it came from the Alexandra, Mr. Prior's place—the prisoner allowed the beer—my wages were always 21s.—I don 't know whether this road was joint work.
GEORGE ROBERTS . I am a labourer, and live at East Finchley—in 1887 I worked for a fortnight all but a quarter of a day for the St. Pancras Board—I have not worked at the cemetery except at that time until after the prisoner was before the Magistrate—the first week I was paid £1 0s. 1 1/2 d.—the second week £1 1s.—I never worked at the cemetery for four successive weeks—I never recollect signing at all—I cannot read writing—I cannot recollect touching the pen or making a cross when I was paid.
Cross-examined. I don't know if the prisoner paid me—Mr. Death paid me once—I don't know that the prisoner ever spoke to me.
ROBERT DEATH . I live at Salisbury Terrace, Finchley—in 1884 I was appointed deputy-superintendent of the cemetery—I never had an appointment—I began to be paid from 25th March, 1884—I was paid quarterly, and received my first money about the midsummer quarter—the prisoner was the superintendent—he took the Green Dragon public-house in August, 1885; previous to that he paid the labourers' wages usually—after my appointment it was my duty to check the men's time, and if they lost time or were absent from sickness, I reported to the prisoner—up to the time of his taking the public-house the labour book was wholly in his writing—I paid the labourers, whenever he was away, at the office next to the entrance of the Board's lodge—when the wages were to be paid the book was handed to me with the names of the persons, and the amounts against them entered in it—the column was not cast up—I had nothing to do with these entries—the prisoner gave me the money—I only attended before the Burial Board once with regard to this book, that was when the prisoner was ill—the whole of the book is in the
prisoner's writing with the exception of pages 119, 150, 151, 162, 163, and 172—the names of Benjamin Peat on page 119, Peat and Cooper on page 162, Batchelor and Cooper on page 163, are in the prisoner's writing—the only figures of mine are these on the pages I filled in—the castings on these pages are the prisoner's; there is not a single casting in that book by myself—I have often paid the wages since August, 1885—the prisoner was not there on Saturdays very often—when he took the public-house he came to me after a Board meeting and said he had permission from the Board to take a public-house on consideration that he paid me 10s. a week extra for the extra work I had to do—he paid me the 10s. a week—sometimes he would bring the book to me on a Friday, and the money—sometimes I received a telegram from the prisoner to send for the book and money—the book was under his control—if he did not bring it on Friday, the book would be sent to me, made up except as to the castings, and money corresponding with the amount put down—occasion ally the prisoner has omitted the man's name and I could not pay the man, but the money has tallied with the book—the book was sent back to the prisoner on the Saturday or Monday—when Bonnor was there he took the book back on Saturday afternoon as a rule, but since Bonnor, who lived near the prisoner's public-house, was discharged at the latter part of August or beginning of September, I have often had it from Saturday to Monday—when I had the book it was left in the office—when I have paid the wages, I have paid one man at a time—on one or two occasions I have paid without the book—that was when the prisoner has brought the money over and left the book at home or somewhere, then I had a list of the men, and the prisoner made the book up afterwards—I mustered the men every morning, and checked their times—I knew of my own knowledge what men they were, and the written list I had I made myself, then next week when the men were paid they would sign in the took for two weeks instead of one—I could not say at what dates I had not got the book; I don't think it exceeded three times—the prisoner brought me the money himself—he entered the names—the next week I found the names and amounts entered in the book—on the roads, as a rule, there were two men, one from each cemetery, and St. Pancras always paid the men the first week when they were put on, and Islington the last—when it was St. Pancras' time to pay, the columns were filled in against the men's names; when it was Islington's turn to pay, either the words "joint" or "Mr. Lewis" were written in pencil in the columns where the money ought to be; no money was written in—I had no money then to pay—that memorandum, "joint" or "Mr. Lewis," was made by the prisoner—for the week ending 11th October, 1884,. I find the names by. Eaton and Walter Valentine as being paid £1 4s. each in the prisoner's writing—the prisoner paid that week, and on 8th November, 1885—on 13th March, 20th March, June 4th, June 11th, June 18th, June 26th, July 31st, August 6th, and August 31st, 1886,1 paid George Bolding £1 1s., the amount then entered—the amount now standing against his name on these dates is £1 4s.—I had nothing to do with altering the figures from one to four—the signature was taken from me for the £1 1s.—I know nothing of these alterations into £1 4s.—about the last fortnight the men were on this drainage work the prisoner allowed them two pints of beer each a day—the beer was fetched from Prior's should not think that
had anything to do with lessening or increasing the men's wages because Prior's name appears in this book as receiving some money—I don't know if he charged the Vestry; he sells nothing but beer, he is a publican—his name appears as receiving £1 and £1 4s.—that is one, and two weeks after Bolding was discharged—Prior never did any work in the cemetery—on June 26th, July 3rd, September 25th, December 11th, 1886, February 19th, and February 26th, 1887, there is the entry, George Dodd £1 4s., in the prisoner's writing—I paid the wages on these dates and did not pay Dodd, and his name was not there when I paid the other men; George Dodd was not working there then—his name is on the very last line before the casting up, except on February 26th, when Benjamin Peat's name comes after it, Peat's name was not there when I paid; it is in the prisoner's writing—Peat was not working for the company at the time—these initials, "Paid F. D.," for a receipt are not in my writing, they stand for Frederick Dunsford—in this other case it is "G. D."—on July 27th, 1888, my wife started to pay the men, and then the prisoner came over before she finished—on January 8th, 1887, Roberts was paid £1 0s. 1 1/2 d.—the next week, January 15th, I paid him £1 1s., his full wage—this is his mark, "His mark" is written against it according to practice—on January 22nd and 29th and 5th and 12th February I did not pay Roberts; he was not at work then—his name appears on four successive weeks when he was not at work—on January 22nd his name is last but one on the list; Peat is below him, he was not there then—I paid the men on January 22nd and 29th—on 29th January and 5th and 12th February his name is last on the list—on 5th and 12th February the prisoner paid—Roberts was not paid on these dates—I know of the alternate payments, Islington one week and St. Pancras the other—there was only one occasion when money was put against the name of the joint workmen when I paid; that was when Lewis did not supply a man, and Eaton received 12s. from Lewis that week and 12s. from St. Pancras—I think £1 4s. was credited in this book—that is a solitary case—except that I never had the wages book carried out with work for Islington; I am not aware of their being put in after wards.
Cross-examined. I have had no written appointment from the Burial Board—for twenty months before I went to this work I was a con stable in the Surrey Commercial Docks—I left there to come to this employment—Mr. Green, representing the Burial Board, engaged me—I have only suggested that the prisoner arranged to pay me 10s. a week before this to the Special Committee about three months ago, since I was suspended—I was suspended on 23rd August, 1888, I believe; I don't know if the prisoner was charged then or not; no charge had been made against the prisoner at the Police-court—I was suspended by the Burial Board; I was present at their meeting—I heard Mr. Green give evidence; I know of his death—during his lifetime I gave no evidence on oath that the prisoner had arranged to give me 10s. a week; at the Police-court I did—Mr. Green said nothing at the Police-court about his son having been employed, or what he was paid—I followed his son—I only went out collecting money twice for the Burial Board—I was to have £50 a year, and about eighteen months after I entered the employment, when the prisoner took the public-house, he gave me 10s. a week—I signed no receipt for it—I did not receive it before the end of eighteen
months—I believe I received the money with the knowledge of the members of the Burial Board—I spoke to a member, Mr. Collins, about it during the time I received it; it was nearly two years ago, I should think—I made no secret of receiving the 10s. a week; as far as I know there was nothing improper in it; it was not done in an underhand way—I was paid at the cemetery lodge—the prisoner used to give it me separately from the other money—my duties were specified when I was engaged—I lived in the house in the cemetery, where the office was—the wages book was always at the office at the end of every week, except on a few occasions; I had access to it when it was there; it was in my possession—sometimes it was there from Saturday to Monday or Tuesday, in my house, under my control—I have looked over the book during the four years I have been there—I had a list of the men, that ought to have corresponded with this book—the Special Committee seized all the books and my lists at the time of, or just previous to, my suspension—I have not regularly sent a weekly list of all the men to the prisoner; I only sent him a note of men that were short, as "John Harris, quarter (short; John Wakefield, a day ill"—I never knew the men's names to be written up in the book more than a week at a time—I only attended two Board meetings, and that was in the prisoner's absence—I know this book was produced at the meetings—I have given money to the foreman grave-digger to take to a man who has been sick, if I have not been able to take it myself, and if I have been compelled to send the book back to the prisoner—Eaton was a gardener, and differed from an ordinary labourer—I know that over and over again, instead of sending Eaton to do joint work, a labourer was sent in his place, and Eaton would work at his gardening work in the cemetery, and would then take his wages at the end of the week from me—I know he swore that at the Police-court—when I paid I paid with this book before me, except in the few instances I have mentioned—I noticed irregularities (men's names added that were not at work in the cemetery) in the book previous to folio 104, which is in August, 1886—I did not notice Eaton's name—I should not know what money he was receiving from Islington—I took no notice of it, except that I mentioned it to Mr. Dunsford before August, 1886; I pointed it out to him in the book, and told him it was irregular, and I could not pass it over; he told me to mind my own business, that that business was wholly and solely his, and I had nothing to do with it, and he should do as he liked; and he said, "How do you think I could keep a horse and trap to drive over here to visit the cemetery without I keep the book?"—I said he did not keep the pony and trap for the convenience of the Burial Board; he kept it for himself—I cannot say, how long before August I first took particular notice of the alteration of figures, and so on—week after week alter that I saw the different names—I did not see Mr. Green once in six months some times—I went to the office, and made a complaint to him, not about this book, but of the prisoner trying to make me charge the Burial Board £1 that he ought to pay himself—that was sixteen or seventeen months ago—I had previously sent Mr. Green a telegram of an irregularity, and he took no notice of it—he took no notice of my complaints; I know he knew of these irregularities—I do not know who employed Mr. Green's son—I went to Mr. Collins, a member of the Board, about eighteen months ago, in 1887, I think—I told him of the irregularities
—he took no notice of it that I know of—I spoke to no other member about it at any time—I did not to Mr. Vere—Mr. Husk has had tea and different conversations at my house, and has asked me how I got on with Mr. Dunsford; he was a clerk in the Lighting Department of the Vestry then—I don't know if they knew all about it—I told him one or two little things that had happened at the time I was there—I never went over the books with Husk, nor with any member of the Burial Board—I did not know till a long while afterwards of Husk having any dispute with the prisoner—while this was going on I was continually seeing the prisoner, up to the present time—I did not think I could get his place—I remember Skeets and Rogers, detectives, coming to the cemetery to make some inquiry, about two years ago; to the best of my belief, they said they would bring me a note from Mr. Dunsford to say they were to make use of the Board-room—I did not say I was super intendent, that I did all the work, and that he did nothing, and that I meant to get the place; nothing of the kind—I swear I did not, in the presence of either of them, say that, by hook or crook, I would get the prisoner out of his place; nothing of the kind; or that I wanted the place—I saw Rogers here, and outside the Police-court—I have seen Skeets here—nothing of that kind took place between us—I did not speak about the prisoner—I never used a threat to him, to them, or to Mills, to my knowledge, that I would get him out of the place—I sent letters, with regard to the wages, to the prisoner by Mills, Bonnor, Pieman, Siever, and Wise—the book passed through a good many different hands—the prisoner told me some time ago that he laid out St. Pancras gardens and the Almshouse gardens, or something of that kind—the Strawberry Vale ground was joint work—he employed men there that did not come under my notice at all, and were not superintended by me—I don't know who paid them—I was only allowed the books once during that 13 weeks—I don't know how long that work lasted—the prisoner has been engaged in the removal of bodies from London cemeteries to this cemetery; that took about three months—he employed men on that that I knew nothing of—I know men have been sent to the private houses of members of the Burial Board to do work there in connection with gardens and so on, away from the cemetery, during 1884, 1885, 1886, not much lately—the Special Committee discussed that subject; they asked me if I knew it—Barratt did that, and sometimes one man, sometimes another—the Special Committee on the matter began in 1886; it was then talked about between five and six members—it was a Special Committee appointed to inquire into the working of the cemetery—I was not examined before them—questions were asked, not only about work done at their houses, but about shrubs and plants, and grapes being got from the cemetery—there was one house and two vines to grow grapes at the cemetery—I did not offer to go before the Special Committee, and I did not give evidence—some times the men at the cemetery would be fully employed, and it would be inconvenient to take men from there—I don't know of any men being employed when men were wanted for work of that sort—after the assault committed on the prisoner he was ill for some time afterwards—I should say he felt the effects of it for a fortnight or three weeks; he was totally disabled—I do not know that he has had to go about with crutches for the past year and more—he has been laid up for the last four
or five months, I heard—I was not there when he was given into custody—I had not been spoken to by anybody before he was given into custody—I never heard, till I saw it in a newspaper, of his going to a meeting to go into this matter—when a man was ill, the foreman grave-digger took his money and signed—I have not often signed for men—when a man could not write I wrote his name, and he made a mark or touched the pen—the prisoner brought the book to the Burial Board—the wages have increased since the prisoner has been away—Mr. Garrett has had charge since I was suspended—the gang of five or six men only had beer for about a fortnight—Bolding was working there nearly nine months—they did not have beer from about fortnight after he came during the rest of his time.
Re-examined. I answered the advertisement of the Board, and resigned the Dock Company—I brought a twenty-one years' character, which the Board holds, from Her Majesty's Service, examplary and very good—I was Colour-sergeant in the Navy—I did not get testimonial from the docks; I resigned—when I applied to the Board there were eighteen other applicants; I was selected—I came to Board on the day I left the Dock Company; Mr. Green's son was there when I got there; the prisoner made up everything for me to take over—the first complaint I made about the prisoner was telegram I sent to Mr. Green for advice and assistance as to the sale of sand, and the next was when the prisoner wanted to charge £1 for some work I had had done for the gentleman with whom the prisoner had made a contract on his own behalf—I made that complaint to Mr. Green—on page 104 are the named Jacob Plant and Abraham Wakefield—on the Tuesday morning before Saturday, 21st August, 1886, they were suspended by the prisoner's orders after breakfast for the remainder of the week, and at 4s. a day their money would be 5s. at the end of that week—the prisoner gave me 5s. for each of them, and the men not being there, and the book having to go back that afternoon to the prisoner, I signed for the men, an put my name for the 5s. each—about a fortnight afterwards I notice £1 had been placed in front of each 5s., making £5s. each—when I noticed that the Saturday I locked that book up in my desk instead of sending it, and when the prisoner sent for it I told him it would remain in my possession till he came to see me—he came and asked me that was matter—I told him he had made a mistake in the labour book—he said, "What is it?" and wanted the book—I told him he had made a mistake; he had the wrong man to deal with in making such alteration in it—he said, "What alteration?"—I pointed it out to him—he said, "What the b—y hell has it to with you? You mind your own business"—I pointed out what it and to do with me, and I would not allow him to have the labour book till the figures were corrected; and re erased the figures and wrote in red ink, "suspended"—I had put my own name as responsible for the 5s. payment for each man, which was all I had and all I paid—there is the mark of the erasure there, and in the totals in the book—when I wrote the figures, the totals were not there—the totals were cast up as if £1 had preceded each 5s.—I knew nothing about the Special Committee Inquiry of 1886—I know Mr. Miall, the accountant; he was called in by the Board last September—I was suspended two or three days after the prisoner was—about a week after
the suspension, Mr. Miall wanted to see the prisoner—I saw Mr. Miall only that once—I spoke to Mr. Husk about the alteration of these figures, and told him I had made the prisoner erase them—all the labourers that I know of that worked at the gardens of members of the Board were regular hands, and appeared in that book—I always signed my own name when I received money—I never signed the name of a workman—when the prisoner lost his eye, he was absent from his duties for three weeks or more—it was in July, 1887, I think—I know nothing about his being thrown out of the vehicle—he did not use crutches then; the only time I saw him using crutches was when he had the gout, and lived at Southgate.
By MR. GILL. The two men were suspended for fighting on the Sun day—I don't remember the prisoner saying they had apologised, and that he was going to pay their wages—they were not there again the following Monday.
GEORGE SMITH INGLIS . I have been an expert in handwriting since 1882; I carry on business at 8, Red Lion Square—I have had consider able experience in examining handwriting, and I have on many occasions been called in Courts of Justice—I have examined this labour book, and I have formed the opinion that the initials H. E., and the name of Eaton on folios 5, 36, 41, 51, 60, 62, 64, 68, 87, 89, 92, and 134 are in the prisoner's writing; I can give my reasons; they are specified in this sheet—the initials "G. D." on folios 85, 87, 89, and 91, opposite the name of George Dodd, are in my opinion in the prisoner's writing—on folios 92, 94, 97 a cross appears against that name, and no initials—I cannot exactly say in whose writing the initials "W. W." opposite W. Valen tine are in, but it is a coincidence that later in the same book the name is written by the prisoner as Walter Walentine—the initials "W. V." on page 87, 92, 98, 108, I consider to be the prisoner's—I cannot say whose writing the initials "H. A." are; I have compared them with Henry Akers' signature in other parts of the book; the initials on page 104 are the prisoner's writing—"F. D." is in the prisoner's writing—on folios 36 and 41 I find "Lewis" has been written in pencil first and then erased, and a most excellent copy of "H. E." inserted above the pencilling, which is still apparent; the "H. E." bears a strong resemblance to the prisoner's writing, none to Eaton's—the word "joint" occurs in pencil—on pages 76 and 79, and each occasion where such alteration is alleged, the £1 4s. against George Bolding was originally £1 1s., I believe, and a down and bottom strokes have been added, making the 1 into 4—in some instances the colour of ink used in the alteration and that used in the casting-up of the pages agree—on pages 85, 89, 91, 92, 96, 97, and 120 George Dodd is the last name in the list of men; and on pages 85, 89, 91, and 96 it is in a different ink to the previous names, but appears to be the same ink as the casting-up—Roberts, on 15th January, 1887, at page 125, is the third name from the bottom; it was written at a different time to the previous names—on 22nd January, and on pages 127,128, and 129, the names George Roberts and Benjamin Peat have been added afterwards, with the figures and "his X mark"—on folio 109 I find the initials "H. D." opposite George Dodd, and elsewhere there is a mark, so that if it was the same person, he put his mark in one place and his initials in another.
Cross-examined. Sometimes it is a difficult matter to speak to initials—
"H. E." is totally unlike Eaton's writing, except in one instance; I give no opinion of Akers—I could not say whether the signature of Akers against Valentine on folio 108 was or was not genuine.
Cross-examined. I have selected 10 or 12 cases where the capital E and H. were undoubtedly made by the prisoner—I am able to give details to justify my opinion.
ARTHUR MIALL . I am a Fellow of the Chartered Accountants, and I am in partnership as Theobald Brothers and Miall—we were called in at the end of August or beginning of September last year by the St. Pancras Burial Board to investigate at a time when irregularities in the accounts were suspected—the planting account was first cone into, and a result arrived at and reported to the Board before the labour account was gone into—I had a conversation with the prisoner about the planting account after we had investigated it—I inspected the Islington labour book at the Islington Vestry at the beginning of September—I found in many cases that on weeks when the Islington Board had paid men for road-making, there were charges in the prisoner's books for the same men, Valentine, Eaton, Akers, and Pieman—I discovered the change of £1 1s. into £1 4s. in the St. Pancras books in the matter of Bolding—in some instances the casting up included 24s.; I cannot remember all of them—there were a dozen incorrect castings perhaps; I cannot say if they were on the pages containing the £1 4s.—I saw Valentine, Akers, and Eaton on September 7, and showed them the entries in the book—I was present when the prisoner was given into custody—it was after I had seen the workpeople, and they had given me information, and I had reported to the Board on 10th September—the prisoner was in the St. Pancras Vestry Board-room—Mr. Davenport gave him into custody—I made no statement in his presence before that—this report was written after seeing the workpeople, and after examining the prisoner in reference to the evidence they had given—I was in communication with the solicitor before and after I saw the workpeople.
Cross-examined. No proof has been taken from me—I was not at the Police-court; I was here yesterday—I should think it was about twelve o'clock when the prisoner was given into custody—it was not almost as soon as he came into the room; I think he was there about eleven o'clock—when I was there with Mr. Davenport the matter and the books were gone over with the prisoner for an hour, I should think—I should think my first knowledge of Akers, for instance, taking money at both places was ten days previously—I do not think a detective was brought into the room at eleven, the very time the prisoner went there—I re member seeing a detective—I went into the matter myself with a clerk's assistance—I have only heard some of Mr. Death's evidence to-day, none of the other witnesses—I heard during the time of the investigation; as an explanation of Akers' name appearing as though paid by St. Pancras and Islington, that a labourer was replacing him at one place—I don't remember who gave the explanation; I took little notice of it—I have gone over the books for about four years.
Re-examined. The prisoner gave me as an explanation of the alteration of £1 1s. into £1 4s., that £1 4s. was the amount of wages given to a gardener, £1 1s. to an ordinary labourer, and he did not always know at the time when the labourer's account was being written out whether the man should have £1 1s. or £1 4s.—no explana
tion of putting in persons' names who did not work there was given that satisfied me—I called his attention to successive weeks in which a man appeared in the St. Pancras book, although alternate weeks he was paid at Islington; I think he said he should require some time to consider—it was either to that question or another one he said that—I spoke to him twice and examined him upon the accounts; the first time he wanted more time, and the second time his answers in general seemed to me not to meet the case; I was not satisfied with his explanation—I told him I had questioned George Dodd as to the accounts represented to be paid to him and entered in the book, and that Dodd said he never was at work in the winter, and I asked the prisoner his explanation of it—to the best of my recollection he said he must have worked, and I think he said something about there being other Dodds about the place—I think he was there quite an hour with me before the officer took him away in custody.
By MR. GILL. He had the book before him that morning—he did not go over three or four years then; he had on a previous occasion—I should think he was with me and my clerk for more than an hour on each occasion—I should think about £2,000 would pass through the prisoner's hands in the course of the year; I don't think it would be £3,000, taking all the money from every source—the work done at Strawberry Vale was mentioned—nothing was said about the work done at people's houses.
By MR. BESLEY. Strawberry Vale was mentioned with reference to the labour account there—the arrears altogether amount to £291—the deficiencies mentioned in the 40 counts of the Indictment amount to £36.
By MR. GILL. £291 is the amount conceived to be irregular in regard to these items in the labour book, only going back to 1884.
JOHN WILLIAM DIXON . I live at South Grove, Highgate—I am a member of the St. Pancras Board—a chairman is elected each time they meet—on 11th September, 1888, I acted as chairman—these are the minutes of the meeting, signed by me. (A resolution was read to the effect that, as it appeared from the solicitor's report that Frederick Dunsford had been guilty of falsification of accounts and embezzlement, he should be prosecuted, and that Mr. Green, the clerk, should take the necessary steps, under the direction of Mr. Ricketts.)
Cross-examined. That resolution was passed about four o'clock, I should think—the Board knew that he had been given into custody that morning—the Burial Board were the prisoner's masters—I have been a member of the Board for two years—I used to see him from time to time at Board meetings—the accounts were not gone into at the Board meetings; they were, I suppose, at the audit meetings—the books were produced month by month when the Burial Board met, and the prisoner attended every meeting to give information, if he was asked anything—there are nine members on the Burial Board—the audit committee of the Board met every fortnight to audit the books; that was in addition to his attendance before the Board—sometimes the prisoner had his instructions at the Board meetings, sometimes from Mr. Green, the clerk, who would represent the Board—I do not know of the work the prisoner did in connection with Strawberry Vale, and moving from one cemetery to another; I was not a member then.
CHARLES MILLER (Inspector Y). On 11th September I was called to St. Pancras Vestry at eleven o'clock—at half-past, twelve the same day Mr. Davenport, solicitor to the Board, gave the prisoner into my custody on a charge of stealing 24s. on 11th July, 1886, and 24s. on 9th October, 1886, and also for falsifying the accounts of the Board—the prisoner made no answer when taken into custody—he was taken to the police-station and detained till about five o'clock, when Mr. Green came to the station, and the prisoner was formally charged; he made no answer.
Cross-examined. I think Mr. Davenport and the accountant were present when he was taken into custody—I don't know what had taken place between them—he has been on bail ever since.
Cross-examined. I was Mr. Green's private clerk—I know of disputes that took place between the Vestry and the Burial Board with reference to the conduct of matters at the cemetery; I know there were meetings of the Vestry Committee with reference to the Burial Board; I never attended the meetings.
Recommended to mercy by the Jury, as they considered he should have had more supervision by the Board, and that the accounts should have been audited.
There were other indictments against the prisoner for embezzlement.
Eighteen Months' Hard Labour.
NEW COURT, Friday, January 11th, 1889.
Before Mr. Common Serjeant.
MR. MEAD Prosecuted; MR. GEOGHEGAN Defended.
ROGERT BENJAMIN LEVY . I own the premises, 137, Globe Road, which I let to Jones and Burchill—there is an entrance from the street, a lobby and a hall with two ante-rooms at the end—this is the agreement. (Dated 29th February, 1888)—the rent was £130 a year, payable weekly—Jones said that it was to be a Socialist working-men's club, to be called the Globe Club—they kept occupation till June, when Burchill retired and Jones became the sole occupant—he paid me the rent all through—on November 20 Jones came and asked me if I should have any objection if he introduced another tenant to me; I said no, provided he was a responsible party—he mentioned Mr. Tynam, who I knew in the neighbourhood—I accepted him, and this agreement was drawn up. (This was a surrender from Jones to the witness, and an agreement by Mr. Tynam to take the premises on the same terms, dated November 20th.)
Cross-examined. The premises had been a chapel—I was there now and then when it was used as a club—there was a billiard-table, but only one, and a piano—smoking concerts and entertainments took place there during Jones's tenancy—I believe there was a bar there—the Excise never prosecuted the house—I do not know whether White was the door keeper, but he has come to me with messages—I had a copy of the rules—when I went there it was the forenoon, and I saw nothing objection able, no betting was going on then—I have seen a green board like this (produced) at the Hotel Metropole and many clubs.
HENRY CONNINGTON . I am Vestry Clerk of Mile End Old Town—in September last Jones was assessed for the Globe Club, but I do not know whether the defendant Jones is the man—it was "Stokes" originally, which was struck out and "Jones" was put in—the rates were paid in the name of Jones from March to September—the rateable value was £80, that would be £96 gross.
THOMAS TRUSSELL (Policeman J 258). I received information from Withers, and on 15th October, about noon, I kept observation on the Globe Club from 1.30 to 7 p.m., during which time about thirty-seven people entered, and again on the 16th, from twelve to seven, when forty eight persons entered—on that day I gave Withers 1s. 3d. to enter the club—he went in, and later in the day he made a statement to me—on October 18th I entered the club with Withers; White, who I had not seen before, was at the door, and asked Withers who I was—I was dressed as a butcher—White said, "We have to be very careful about strangers; what is your name?"—I said, "Thomas Russell, 50, Coopersale Road"—we each paid 3d. and entered the club—there was a book at the door where White stood, and he entered my name and address in it—I went in, there was a large room and a refreshment bar, over which was a large red bill with "Jones and Burchill" on it as proprietors—on the side was a little enclosure like a counter, behind which I saw Jones and a man who I was told was Burchill—a tape was running in the enclosure, and there was a green board like this, against a table on which pieces of tape were placed as they issued from the machine, and Jones was drawing them out and placing them on the board, and calling out, "Any more bets to make?"—the people in the room gave Jones money, which he entered in a book, and sometimes Burchill received it and handed it to Jones, who entered it—the race was the Sandown Autumn Handicap, and I said I would have 2s. on Rhythm—I remained there about two hours, during which time about two men paid money, and I saw Jones pay two men—about thirty-seven men were in the room, most of them standing round the enclosure where the tape was—I left at four o'clock, and waited outside till five o'clock—I went again next day and saw White at the door; we shook hands, and he said, "Do you fancy anything?"—I said, "Put me 1s. on Equanimity"—that was for the Welton Handicap at Croydon—I gave him the 1s., and he said, "Wait in the beer-house next door"—I waited, and he came and said, "The horse has lost; better luck next time," and asked if I fancied anything else; I said I had no more money, and he went into the club again—I saw thirty-seven persons enter on the 19th—on the 22nd I went again with Withers and Wilson about 2.30, and saw White at the door—I stood in the passage, and White said, "We want no b—y spies here"—I then went away, and went again when the raid was made, and saw the same machine and green board.
Cross-examined. I have never made a raid before—I do not know that in most of these clubs there is a table for faro—I saw no gambling-table or cards, or dice, or billiard-table, and I went all over the club and down into the coal cellar—I saw tables covered with green cloth in the middle of the room; I saw no piano—we bought a sporting paper between us, but we did not know a good horse if we heard of it—if I had won, I should have taken the money; I had never made a bet before—the board gave the result of the races—I heard nothing about starting prices,
or what odds the bookmaker was willing to lay—two bets were all I saw while I was there, but I sat in the other room—I did not go to the tape at any time, but I remained in the room where the tape was, but I did not turn my back to it—I was about ten minutes in the room before I sat down—my attention was principally directed to the tape—during that time only two bets were made, as far as I could see—when I first saw White he acted as doorkeeper—we can't find Withers; I heard he was gone to Australia—Wilson first brought Withers to me—I don't think he was a member of the club; he told me he was not—he had a coat with "268, City," on—he was a working man, when he did any, but he had not done any for a long time—he owes me 7s. 6d. now—he had a coat on when he came, but Wilson out of charity lent him another; not a uniform coat, it was a black all-round coat—Wilson sent his coat back to the station—I lent him the 7s. 6d. to bet on horse-racing and to pay his expenses.
Re-examined. The room was about 70 feet long; I was at one end and the tape-machine at the other.
WM. WILSON (Policeman J 268). On 15th October I kept observation on the Globe Workmen's Club, dressed as a butcher—37 men entered between 12 and 7 p.m., and on the 16th 32 men between 12 and 7—on the 16th I gave Withers 1s. to put on Rosy Morn at 3.30, the Shirley Plate, and 3d. to enter the club; he went in and came out and made a statement to me—I went again on the 17th, and again on the 18th, with Russell and Withers, when 37 men went in between 12 and 5 o'clock—I gave Withers 1s. to back Mont d'Or and 3d. to enter—on the 19th I saw White at the club door, gave him 1s., told him to put it on Alexander II., and went to the beershop next door; White came there and told Russell, who had backed Equanimity, that his horse had lost—I afterwards saw White out side the club door, who told me that my horse had lost—forty-two men entered on the 19th between two o'clock and five—on October 29 we went again, and I saw White on the threshold; he said to Withers, "Where are you going?"—Withers said, "I am going to do a bet; put a bet on"—White said, "Take your b—shilling somewhere else, we do not want any b—y spies here"—we went outside and kept observation till five or six o'clock—on 28th December I took Jones in custody on this warrant—he said, "I shall make no fuss about this, I shall plead guilty to the bets; Mr. Lyman gave me £5 for the tape machine, and took the club from Mr. Lewis, the landlord, and put Mr. Stenning in as manager."
Cross-examined. I had never made a raid on a betting-house before, nor have I been in Court when gambling cases have been tried—I did not know Withers before—he wished to know if he could get money by giving information—I knew he was hard up—I wore a white choker, but had no poleaxe—I had to lend Withers a coat to make him respectable—I never made a bet in my life; all I had to rely on was Withers' word that he had made bets, but I know he entered the club—he went to Australia, but I believe he has returned—I did not see a bill on the club door, "These premises to let"—I went there in the afternoon in a Pantechnicon van—White told me he received money from Jones as door keeper.
JAMES SCUDMORE (Police Inspector J). I received information from Withers, and gave instructions to the two last witnesses—on 23rd November, at 3.15 pan., I went with some police sergeants and fifty men
in a Pantechnicon van to the Globe Club; I selected the day of the Manchester Races—the outer door was open, the inner door was bolted inside—we got in, but did not see either of the defendants—we saw the tape machine and the board produced, and this book—we took two persons in custody who were found there—we had warrants against Jones and White, who were ultimately apprehended—I found this placard there. (An advertisement of an assault of arms, signed "J Jones, Manager.")
Cross-examined. Withers did not try to get money from me, but his trying to get money from Scotland Yard was mentioned—my impression is that the Magistrate asked the prisoners on the third occasion whether they would elect to be dealt with summarily or go before a jury.
MR. GEOGHEGAN contended that unless the defendants had the option given them when before the Magistrate this Court had no jurisdiction to try the case.
HERBERT GEORGE MUSKETT . I am a solicitor representing Messrs. Wontner and Sons for the prosecution—I was present at the Police-court when Stenning, Hardy, Guiles, and White were charged, and on 24th November the Magistrate addressed them as to their election where to be tried; Mr. Besley claimed on the part of Stenning that the case should be sent for trial, and the Magistrate said that he could not separate the cases—White was not there on the first occasion—they were committed for trial at the last session on the gaming-house summonses; there were summonses and warrants that related to White—on Friday last these defendants were brought up on the betting-house summonses; nothing was said then about election; it was considered part of the other case—fresh depositions were taken, and the Magistrate committed the four men for trial—Jones was arrested on 28th December.
Cross-examined. Mr. Besley only represented Stenning, the other three were unrepresented, but White was not there—it is necessary for a prisoner to elect to be tried by a Magistrate, or by a jury, before evidence is taken—Jones was committed for offences under the Betting House Act—leave has been obtained from this Court to add counts; the prisoners were not present then—these two men were not given their option before the Magistrate—the committal was under the Betting House Act, under which the penalty is £100 or six months' imprisonment if dealt with summarily.
MR. GEOGHEGAN repeated his objection, and contended that there ought to be an averment in the Indictment that the defendants had had their option, and therefore that the Indictment ought to be quashed, which the COMMON SERJEANT declined to do.
GUILTY .—JONES fined £50 or three months' imprisonment. WHITE to enter into recognisances to appear and receive judgment when called upon.
MR. WILKINSON Prosecuted, and MR. FEOGHEGAN Defended.
JOHN GRANT RAMSAY . I am a printer and publisher, of 2, Dorset Buildings, Salisbury Court—the prisoner was my chief clerk and correspondent from February last to December 13; first at £1 and afterwards at £2 per week—I had no reference with him—he had no commission—it was not his duty to receive money when I was at the office, only during my absence from town—when he received money he ought to bank it
each day, and he had a book of paying-in slips—my bank is the London and Yorkshire—on Monday evening, December 10, I left town, giving him special instructions—nothing was due to him for wages—I left him £1 for petty cash, and told him to open letters and pay in cheques to the bank as he received them—I returned on Friday morning, December 14, and he was not there, but he arrived about two o'clock, but only stayed half an hour—I asked if he had received Mr. Calder's account; he said, "No, it will be paid next week"—I asked him what money he had received—he said, "You will and it all in the bank book"—I did not see him again till the 18th, but on Monday, 17th, I called at his house and left a letter for him—I then received this letter at my private address; it is in his writing. (Demanding an apology for the witness's letter, upon the tenour of which would depend the course he should take against him and his mouth piece the "British Journal of Commerce")—I saw him on the 18th, and asked him if he had Mr. Calder's cheque with him—he said, "No, an intimate friend called on me who was hard up, and I lent it to him"—I told him it was a ticklish business, and repeated the question—he said, "No"—I also mentioned the £3 15s. to him, but he said nothing about it—I think I stopped payment of the £5 cheque on the 17th—I did not receive it from the bank; I have never had it—I have the bank book here—I enter in it the names of persons from whom I receive money, and I required my clerk to do the same when he paid money in—here are two slips on December 13th in the prisoner's writing—there is an entry of £5 paid by another person, but no entry of payment by Calder, or Ely Brothers, or of £3 15s.—there is no such entry between the 8th and the 18th—the endorsement "Bascombe" on this cheque is the prisoner's writing; I knew him by the name of Ward—(This was for £5 from Peter Calder, marled "Cancelled in error"; orders not to pay.)—he has not accounted to me for that—I received this letter from him on December 22nd, dated December 21—it is in his writing. (This was signed George Ward, asking that hit account should he squared up, or he would place himself in communication with a few firms.)
Cross-examined. The prisoner and I were on friendly terms until this incident—when I came to town on the 14th my junior clerk told me that Ward had received £5 and £3 14s., and I asked Ward in reference to the £5—he said he had not received it, and I told the junior clerk so—on 14th December I should not have accused the prisoner of stealing these sums, but on the morning of the 18th I learned that he could not repay me—I did not treat it as a matter of account till then, but if he had paid me these two sums on the Sunday I do not think I should have prosecuted him—I was not anxious to take harsh measures against him—it looked on the Tuesday very like stealing the money—I did not take action at first because I did not know whether it was theft or forgery, and I had to inquire of a solicitor—I did not give him eight days to pay up; I said, "If you do not pay this money by twelve o'clock to-morrow I will put the matter in the hands of the police"—I decline to say whether I should have prosecuted him if the money had been paid, because it was a contingency—information was given me that the cheque was passed away—I had two travellers named Crump and Bostock in my employ in 1888; Crump left about six weeks ago—he has not asked me for commission, since the prisoner has been committed for trial, nor have I told him not to call for his commission till the case is over—the British Journal is
printed by Collins and Kelly—there is no Collins and no Kelly—I carry on the printing business under their names—circulars have been issued from my office in the name of Cassell—I am the proprietor of the office; Cassell is my clerk—the name of Gray has been used with my knowledge, and also Ramsay—I did not sack the persons who used them, and do not remember what the circulars were—my motive was this, that it was not suitable for my name to appear, because the editor's name does not appear—some advertisements are paid for in goods, and we sell the goods first and then pay the traveller his commission—I believe the prisoner came from the Norwich district—Coleman and Co. sent £76 worth of goods in payment for advertisements; they were not to be sent abroad, I had directions to deal with them as I liked—I did not sell them in London at 27 per cent. discount—I sold them in London—the prisoner tried to make this order illegitimate.
Re-examined. I print two papers, the British Journal of Commerce and Trade—when I saw the prisoner on the 18th he did not mention the £5 till I spoke to him on the subject.
By the JURY. He did not keep the cash-book—I do not know if he noted the receipt anywhere; but he ought to have given me the details on my return, for me to enter it—he was not under notice to leave, but he said that he was ill.
WALTER DOODS . I am second clerk to Mr. Ramsay—he went out of town about December 12, and on the 12th or 13th in the morning I received a cheque for £5 from Mr. Calder on the Alliance Bank, payable to the proprietor of Trade—I paid it to the prisoner as soon as I got back from Mr. Calder's—I also received from Mr. Ramsay £3 15s. in cash, which I paid to the prisoner on the same day, but not at the same time—on Thursday, the 13th, he sent me to the bank to pay in some money with a slip and the bank-book, and said, "Oh, I have forgotten to send Calder's cheque"—I saw him make out the slip—I only went to the bank once that day—I told Mr. Ramsay about the cheque on the Friday, but not in the prisoner's presence—I heard him tell Mr. Ramsay that he had paid it to an intimate friend.
Cross-examined. About this time I got a postal order for the prisoner for £1 and two for £1 10s.—they were addressed to Mr. Cowell, of Birmingham, who is one of the prosecutor's travellers, who was stranded in Birmingham because he had no money before Mr. Ramsay came home.
Re-examined. The money I took to the bank was two cheques and two postal orders.
SELINA HAMBLIN . I live at 49, Boyson Road, Camberwell—the prisoner lives in my brother's-in-law's house, No. 45, in the name of Boscombe, and I receive the rent—the prisoner's wife paid me this cheque for rent on December 15th, and I paid it to my brother-in-law.
THOMAS PARTRIDGE (Police Sergeant E). I took the prisoner at his house, on a warrant on December 27th—he said, "I don't see how Mr. Ramsay can call it embezzlement; he owes me £60"—he did not say what for; the Magistrate said that it was either larceny or embezzlement.
The Prisoner's Statement before the Magistrate. "So far from being guilty or any suspicion of guilt in respect of any transaction with Mr. Ramsay, I, in the confidence that existed between us, transacted the business, and I had not any idea that there was any suspicion in his mind about it"
NOT GUILTY .
OLD COURT.—Saturday, January 12th, Monday, 14th, and Tuesday, 15th, 1889.
Before Mr. Recorder.
MESSRS. MEAD, CHARLES MATHEWS, and PARTRIDGE Prosecuted; MR. R. WILKINSON and MR. MADDEN Appeared for Ward, and MR. J. E. VINCENT for Terry.
EDWARD O'CONNOR TERRY . I am the proprietor of the theatre which is called by my name, "Terry's Theatre—I have been connected with the theatrical profession something like twenty-five years—the name I have made my own is "Edward Terry"—I knew nothing of the prisoner Terry before these proceedings were commenced, he is no connection of mine—about fifteen months ago I finished a tour in the country with a company of my own, known as "Edward Terry's Company"—I had not known Charles Ward personally, I had heard of him—I do not know of the existence of any genuine company of Terry and Ward's Dramatic Company—I never heard Charles Ward described as a celebrated tragedian—the plays of the Merchant of Venice, Othello, Richelieu, The Corsican Brothers, Louis XI., &c., all require special costumes; they may be called costume pieces, and would require considerable preparation and expense to present them to the public—they are pieces with a large number of characters; they are not plays which, in a legitimate manner, could be wholly represented by amateurs—the part of Roderigo in Othello is one of the principal parts, it is not one to be given to an amateur—the parts of Portia and Nerissa are very important, and would generally be given to the second lady—scenery, costumes, bills and posters would be considerable if intended to be genuine—twenty would be a very small company for such a play as Richelieu—I am familiar with the practice of touring companies—they would require rehearsals together before starting on the tour—the cost of starting such a tour would be considerable—the manager would pay the travelling expenses to the starting-place, and also the travelling expenses generally on the tour, and provide the dresses for all costume pieces; modern dresses only would be found by the actors—in the ordinary course the agent would go down, the theatre having been secured beforehand—in consequence of a number of letters that reached me, since these proceedings I have made inquiries, amongst other places at Cardiff, and have received information from Cardiff—I have a great many of the letters now—I have never authorised either of the prisoners to use the name of Terry, or to use such a card as this (produced), with the word's "E. Terry's Dramatic Company"—the company I had fifteen months ago was "E. Terry's Comedy Company"—my manager carries a card like this, I have not got one here—these cards with "Mr. E. Terry, Acting-manager," and "Mr. E. Terry's Dramatic Company," and "Messrs. E. Terry and Ward's Company," were not in circulation with my sanction—these advertisements which appeared in the theatrical newspapers, "Apply to Mr. E. Terry, 13, Station Road, Leyton," were not authorised by me, nor was the advertisement in the Daily Telegraph, purporting to come from Mr. E. Terry, in "The Stage.—Mr. Chas. Ward, leading tragedian from Sadler's Wells, the
Surrey Theatre, and others, on tour with the following powerful répertoire—wanted ladies and gentlemen to support Mr. Chas. Ward on tour"—that would convey that he was then on tour—that is of a date of 14th September.
Cross-examined by MR. VINCENT. There is a considerable difference between touring companies—the same cast would not probably be got for small places as for large ones—I have never played in South Wales, except at Cardiff and Swansea—I do not profess to know the names of all the touring companies, I know the major portion—in very small places parts are doubled—it would not be impossible for fifteen people to per form Richelieu, even in such a theatre as Sadler's Wells—it might be the practice in small companies for actors to pay their own travelling expenses—in my earlier days I met with some very queer touring companies—costumes can be hired—in small places, of course, the costumes would not be as rich as these at the Lyceum—on my cards the manager's name appears, not my own name in the middle of the card—Terry is my real name, and the name I have always borne—I have dropped one initial—the fares of my company are paid by my treasurer—I can't tell you what the fare is to Exeter; it would be third class for each person.
Cross-examined by MR. MADDEN. I have been a touring manager fourteen or fifteen years—long ago I replied to many advertisements—I always went through rehearsals before going on tour—I was only on one tour in my early days—they were stock companies, resident in each town—in touring companies they do not always take down the whole company—they do not pick up an actor, only in an emergency—our profession is particularly liable to emergencies—I think the majority of actors go by their own names—if a lady has an ugly name and is playing pretty parts it might militate against her—I do not think it is the case that a great number of persons in recent years have got into very prominent positions after very little rehearsal—I have had to plod my way up—a great number of actors have been amateurs first—I never saw Mr. Ward—the late Mr. Creswick was a highly respected member of the profession—a pro gram me was produced to me at the Police-court, in which the name of Ward appeared as playing the character of the King of France in King Lear—the cast was a very fair cast—these two letters (produced) resemble Mr. Creswick's writing—he died in 1880—I can't say that Ward played for him at Drury Lane; I did not see him—I played for Mr. Creswick's benefit there—there were selections from different pieces, and other actors gave their services.
Re-examined. Many aspirants for the stage would be pleased to pay for an introduction without being paid a salary, to belong to a good company, in the way of apprenticeship—Cardiff is not a place that would put up with a mean company, it is a most important place; I do not think they would stand doubling; there are two theatres there.
EDWARD JOHN FLETCHER . I live at Cardiff; there are two theatres there—I am manager and lessee of the Theatre Royal, the other theatre is called the Grande, that has been lately built—neither of the defendants or John Ward have made arrangements with me to take my theatre.
Cross-examined by MR. MADDEN. The same costumes could not correctly be used in a great number of plays—people would not put up now with what was done some years ago—they certainly would not at Cardiff.
JOHN MAY . I am manager of the Grande Theatre at Cardiff—I have never made any arrangement with the defendants or John Ward to receive them with a company at Cardiff—I never heard of them at all until Mr. Edward Terry communicated with me.
THOMAS BENNETT . I am clerk to Mr. Kendall, who is the landlord of 4, Adelaide Street, Strand—John Ward took the second floor of that house about March, 1885, at a rent of £32 10s.; he remained there about eighteen months—I believe the rent was paid up to the last quarter, we distrained for that—during the time we distrained twice; the first time it was paid out, the second time we took the goods, that was on the 27th July, 1886—he carried on a dramatic and literary business—I saw Charles Ward there, I should think daily—after they left several ladies and gentlemen came to inquire for them, theatrical sort of people—we used to say they had gone away, and we knew nothing further; they had left no address.
Cross-examined by MR. VINCENT. I never saw Terry there—I don't know him—all the rent was paid but the last quarter.
WILLIAM BERRY . I was housekeeper at 4, Adelaide Street, Strand, during the time the Messrs. Ward were there—I had some house keeping to do for them—they left £1 15s. 9d. in debt to me—I made repeated applications for it, and they threatened to throw me down the stairs if I asked for my money—I had to get a County-court summons in July, 1886, and obtained judgment—John Ward failed to appear, and a warrant was obtained for his committal in September, 1888—eventually I got my money—it was paid into Court.
JOSEPH CLARK . I live at 14, Mount Street, Whitechapel—I am the owner of 6, Adam Street, Adelphi—I let offices and chambers there—I let two rooms on the second floor to a man named Somers, a partner of John Ward, at a rent of £60—it was before Christmas, 1886—the first quarter was due at Lady Day, 1887—there was a written agreement, but it was not signed—they refused to pay my solicitor for it—I believe both John Ward and Somers refused—the first quarter's rent was paid in two instalments—I never received any more—in August, 1887, I distrained for the June rent—after the expenses were paid they brought me £3 1s. 10d.—with that exception I lost two quarters' rent—I think I got possession in October.
ELLEN PEARCE . I am the wife of George Pearce, housekeeper, at 6, Adam Street, when the Wards were there—first of all it was John Ward and Somers—afterwards Charles Ward came—Somers was there about three months, the first quarter—"Dramatic Agency" was on the door—they brought new furniture—in June, 1887, the rent was not paid, and a distress was put in—John Ward came and said that Mr. Clark had told him he could remove his things—not feeling satisfied, I went to Mr. Clark, and when I returned they were removing the things, but I stopped them and they were replaced—John Ward said if I would let them go he would give me £5—Charles Ward was there, but I cannot say that he heard it—he took several little things away with him—a great many people called while they were there, sometimes there was a noise because they had paid their money, and had nothing for it; that complaint was from ladies—after they left a great many people, mostly women, came to inquire for them, and complain; when they left they owed me £2 or £3 for cleaning
the office; they paid a little at a time—I went for it to 8, Catherine Street, Strand, and sometimes got it and sometimes not—they carried on the same kind of business there.
Cross-examined by MR. VINCENT. I never saw Terry.
Cross-examined by MR. MADDEN. The noise was generally on the stairs, so that I could hear it—it occurred more than half a dozen times; I heard them called swindlers several times—John Ward was generally there; the row was always on the stairs; I never saw Charles Ward John Ward was the tenant; his brother told me he had taken him into partnership, and he told me to tell Mr. Clark so—Charles Ward never engaged me to do anything for him; he never told me he was a tenant.
Re-examined. They paid me 1s. at a time, and sometimes half-a-crown.
JANE HUNT . I am a widow, and am housekeeper at 8, Catherine Street, Strand—in July, 1887, John Ward came and asked me the rent of the rooms—he said he was a dramatic agent—I sent him to Mr. Martin, the landlord, and he took his reference—he came back and finally took the rooms at £70 a year, and agreed to give me 5s. a week for the cleaning—he came into possession about the end of July—"Ward's Dramatic Offices" was put up on a brass plate on the front door-post and on the office door on the second floor—he brought some furniture with him, a green velvet couch, red velvet chairs, and table; Mr. John Ward and Mr. Charles Ward moved them in themselves—I always understood that they were brothers; I believe they told me; they remained until July, 1888—I saw Charles Ward there as much as John; they both attended to the business—in June, 1888, the gas was cut off, and the goods were distrained for rent—they owed me £2 for cleaning; I asked them for it; I did not summon them—after they left two or three actresses called, and wanted to know where they had moved to—I did not know at first, but I found out it was to 22, Henrietta Street, and afterwards told a young lady—I sent my little girl there with her—John Ward afterwards called, and said he had told me not to send anyone, and told me not to send any more people—I had a subsequent visit from both John and Charles, and they paid me 2s. 6d. of what they owed me; I have not received any since—I have seen Terry at Ward's office three or four times a week—he used to be there generally with the Wards; he would sometimes call before they arrived in the morning, and sometimes he waited for them at the street door; if the office door was open he would go in and wait for them there—I never saw him receive any letters; I always put them on the office table.
Cross-examined by MR. VINCENT. I don't think I ever saw him there in 1887; he was there occasionally during last summer.
Cross-examined by MR. MADDEN. Sometimes Mr. John would pay me and sometimes Mr. Charles—I made the arrangement with Mr. John.
ARTHUR RICHARD KING FARLOW . I am agent for my father, who is the landlord of 22, Henrietta Street—in July last I had two rooms to let there, at £42—Charles Ward called in reference to them—he said he was a literary man—I forget what address he gave—this agreement was drawn up and signed by him; he is described in this as of 41, Burton Crescent—he gave me references, and we had satisfactory answers—he paid no rent—a half-quarter was due in September, and we distrained for it—on 20th October I received this letter. (This offered two guineas
forthwith to be released from the tenancy)—the goods not being worth more than £2 10s., I agreed—the two guineas were never paid, but he gave up possession.
Cross-examined by MR. MADDEN. The broker told me that the money was never offered—the business carried on was "Literary and Dramatic Syndicate."
MARY ANN MACKIE . I am housekeeper of 22, Henrietta Street, Covent Garden—some people named Ward occupied an office on the second floor in July last; the name of C. Ward was put up, "Dramatic and Literary Syndicate"—I saw Charles Ward there and Terry—I saw him more at the latter part of the time—I was to be paid half-a-crown a week for cleaning—when they left they owed me 10s.; I have never had it—Terry gave me up the keys when he left—he took away the furniture—that was after the distress—he showed me a paper in an envelope—I don't know who it was signed by—after that I allowed him to take the furniture away—after they had gone some ladies came to make inquiries if I knew where they had gone, and about money—four called and spoke to me the day after they left, and others whom I did not see—I did not know where they had gone to.
Cross-examined by MR. VINCENT. Charles and John Ward occupied the rooms in the first instance—this paper was handed to me with the key; I did not read it—I was told it was an autherity from Mr. Farlow to give up the goods—I gave the paper to the landlord and never saw it again—I saw no business done by Terry—I did not notice him till the latter part of the time—I did not see the furniture removed—Charles Ward came with the van.
JOSEPH BROWN MARTIN . I live at Victoria Mansions—I am the land lord of 8, Catherine Street—on 23rd July, 1887, I let three rooms at that house to John and Charles Ward at £63 per annum—this is the agreement—no rent was paid up to June or July last year—I distrained—after the broker had gone in, at the defendants' suggestion I arranged that they should give up the premises, and take an acceptance from them—this is it. (This was at three months for £46 17s. 6d.)—I presented it when due, it was dishonoured—I have never received any money since.
Cross-examined by MR. VINCENT. This is a bill of John and Charles Ward; they were my tenants, not Terry.
Cross-examined by MR. WILKINSON. Charles Ward did not pay me £10 or £15 when they took the rooms, they never paid me any money—no money was handed to me by my collector, Mr. Bryant—I do not receive my own rents—I know of no payment to Bryant—I did not take legal proceedings on the bill—a police officer called on me about the case, and I gave him this information.
ANNIE NEWTON . I live at 16, Bernard Street, Russell Square—I know nothing of this bill of exchange; I gave no one autherity to make it pay able at my house—I keep a lodging-house—I know neither of the prisoners.
Cross-examined by MR. WILKINSON. I keep the house, and let it furnished to gentlemen; I live on the premises—I do not know the name of Ward there—I had no lodgers of the name of Danvers that I re member—I never heard of Kittie Danvers, an actress—John Hunt did not live with me, nor did John Ward under the name of Danvers—I was never informed that Danvers was John Ward; I remember nothing of
the name of Danvers—someone called to know if Ward lived at my house; that was the first time I had heard the name—I cannot give all the names of persons living at my house a year and a half ago.
CHARLES HAWKINS . I live at 41, Burton Crescent—in April last Charles Ward took two rooms on my second floor back at 6s. 6d. a week—afterwards his wife and child and his brother, John Ward, came there—he paid no additional rent; they paid no rent—letters came addressed to Charles Ward, and sometimes to "General "Ward—on two occasions persons came asking to see the "General"—one was dressed in a livery—the child took the letters upstairs to the Wards' room—I found them bad tenants; they did not pay rent, and they came in drunk most nights at all hours of the night, and made use of filthy and disgusting language—I put the brokers in on 19th July to try and get my rent—I had let the rooms unfurnished, and the Wards brought some furniture with them—the brokers were in possession for three weeks' rent, 19s. 6d.—I had to sell the furniture.
Cross-examined by MR. VINCENT. I never saw Terry to my knowledge.
Cross-examined by MR. WILKINSON. I don't know if Ward was called "General" after playing Macbeth—I was paid about three months' rent, sometimes by Charles Ward and sometimes by his wife—they paid weekly.
By the COURT. I only got 7s. 6d. from the brokers; the furniture in the rooms was a lot of rubbish.
GEORGE ROSS . I am caretaker at Russell Chambers, Bury Street, St. James's—on 18th July last Charles Ward called with reference to taking four rooms there at £70 a year—on 26th July this agreement was entered into between us, he signing in the name of C. Henry Ward—under that agreement he took possession of the rooms—John Ward was with him when the agreement was signed—after they moved in I saw Charles Ward and his wife on the premises from time to time—I cannot say I saw John Ward there—the first rent became due on 29th September—on 28th September, about half-past ten at night, I saw the goods moved away—there was a van, and to the best of my belief Terry was with Charles Ward—that rent was never paid—during the tenancy I had complaints from the other tenants and from other people.
Cross-examined by MR. VINCENT. I only saw Terry at that time and in the dock at Westminster—I will not swear positively it was him; to the best of my belief he was the man—Charles Ward and his wife occupied the rooms; no business was carried on there.
Cross-examined by MR. MADDEN. I got in with a duplicate key—I heard Ward had threatened an action—I have some of the prisoner's property there now, at least some of Shoolbred's property, roller blinds left at the windows.
Re-examined. They were put there during the prisoner's tenancy—after he left Shoolbred claimed them on the ground that they were not paid for.
MARY UNWIN . I live at Hugh Villas, Margery Road, Forest Gate—I was the owner in June, 1888, of 13, Station Road, Leyton—Terry applied about it, and on 25th June I agreed to let him the premises at £22 a year, to be paid quarterly—he paid £2 15s. in advance to get possession—the first quarter became due in September—I applied for it—Terry was not there, and no address was left where he had gone to—some goods, furniture, and
things were there—no one was in the house at the time—Mr. Moeder applied for them on the ground that they had not been paid for—no money was ever paid after the £2 15s.—he gave me no notice—I did not try to find him afterwards; I did not know where he had gone.
Cross-examined by MR. VINCENT. He took the house for a year—he occu pied it for a quarter—I heard that within about six weeks of 29th Sep tember Terry was arrested.
THOMAS GEORGE WHITCHURCH BENNETT . I am manager to Mr. Frank Moeder, wholesale furniture dealer, at 248, Tottenham Court Road—we supply goods on the hire system—in May Terry called on me with reference to the supply of goods, after we had received this letter, purporting to come from him. (This was dated from 19, Canonbury Road, asking for a catalogue, as he wanted £25 to £35 worth of furniture, and said he had a private fortune of his own; it was signed Thomas E. Terry)—when he called he filled up this form in my presence. (This gave the name of Thomas Eveson Terry, 13, Station Road, Leytonstone, and was a yearly agreement for the partial furnishing of a house at a rent of £ 22 payable quarterly; it stated that he had no profession or business, but that he had a private income from property of about £ 250; and he agreed to pay £ 3 down and £1 10s. a month; he gave as reference Charles Ward, of 8, Catherine Street, Strand, and Mr. Robman, Canonbury Street, N.)—I wrote to the references and received this reply from Charles Ward (This stated that he had much pleasure in speaking very highly of Mr. Terry, who was an independent man and a gentleman, and in his opinion safe for a much larger amount than that named)—I supplied goods on that to the amount of £47 8s. to Station Road, Leyton—this is the copy of the agreement given to the hirer—he paid £4 down, and subsequently 30s. a month for two months, £7 in all—I then sent to the premises and found that Terry had gone—I took possession of the furniture, as under the hiring agreement it remained my property—carvers were included in the goods originally supplied, and a counterpane was sent afterwards at his request; the value of the counterpane and carvers was 22s.—I could not discover where he had gone to.
Cross-examined by MR. VINCENT. The counterpane was subsequently supplied to the prisoner's order, and placed to his debit under the same conditions as the other things—I understood a salesman Lewis, who is not here, was attending to the prisoner—I cannot say whether Terry objected at first to filling up the clause about his income, or whether Lewis told him it did not matter particularly what the amount was; I think it very unlikely—I cannot say Terry did not say he did not exactly know what his income was; I only go by the form he handed to me filled in with the ink wet on it—I am sure Lewis did not conceal the printed part with his hand—the property remained with us until he had paid £47—we lost the counterpane and the carvers, which were not in the schedule of the agreement, and the wear and tear of the goods, and got £7—I did not see the carvers before they left the shop—the counter pane has never been paid for.
CHARLES SMITH . I am assistant to Mr. Waterfield, a pawnbroker, of 168, Vauxhall Bridge Road—this carving knife and fork were pawned with me on 11th October in the name of Terry—to the best of my belief Terry pawned them.
Cross-examined by MR. VINCENT. I do not swear it was him; he has
been a customer at our place, and he is the only man we know of the name—I am more certain now than I was at the Police-court, because I have looked at the books and found two more articles were pledged by him at the same time.
EDWIN SCOTT . I am assistant to Mr. Jay, a pawnbroker, of Essex Road, Islington—I produce a counterpane pledged with me on 18th September in the name of Terry, 13, Station Road—I cannot swear to the person who pawned it.
WILLIAM BOND . I am warehouseman to Mr. Moeder—I superintended the supply of the soft goods to Mr. Terry, 13, Station Road—to the best of my belief I saw this carving fork and knife supplied to the prisoner—I have seen the counterpane at the pawnbroker's; I identify it as that supplied to Terry on 29th May—the value of the carving knife and fork is 7s. 6d., and of the counterpane 14s. 6d.
Cross-examined by MR. VINCENT. The name on the carvers is Tidmarsh—they are of ordinary make—I suppose Tidmarsh supplies other people—I identified the counterpane at the pawnbroker's—it is of a pattern we always keep—I go further than that.
Re-examined. I saw the goods when they were returned from 13, Station Road to Mr. Moeder's—I missed nothing except the counterpane and carvers.
JESSE FAGG . I am a partner in the firm of Waukenfast and Co., boot manufacturers, of 60, Haymarket—on 1st September we received this letter, signed Thomas E. Terry. (This was dated 13, Station Road, Leyton, and asked if they would give him credit to about £5 per quarter, stating that he was a householder at the address given, and in receipt of a private income, payable quarterly)—I replied—he gave me as reference Charles Ward, of 22, Henrietta Street, to whom I wrote—I received this answer. (This letter, signed Charles R. Ward, said he had known Mr. T. E. Terry for some considerable time, that he believed him to be a gentleman of independent means, and in his judgment quite safe for the proposed amount)—I then wrote to Terry, and said I should be pleased to supply him with some goods—he called at my premises—on 8th September I supplied him with two pairs of boots, and on 10th September two other pairs for Mrs. Terry, value £4 12s. altogether—on 16th November I received this further order from 6, Sussex Street. (Ordering a pair of boots and a pair of shoes for Mrs. Terry, and a pair of boots for himself, requesting the account to be sent, as he should doubtless pay it before the end of the month, and saying he had left the house at Leyton for a time, and that he was staying at Sussex Street before going to the South Coast for the winter)—I supplied these goods to the amount of £4 7s., making £8 17s. altogether'—I have since seen all these boots in the hands of the police—the first four pairs were produced by pawn brokers; only one pair had been worn, if I remember rightly, and that had only been worn once or twice, I should say.
Cross-examined by MR. VINCENT. I gave the prisoner three months' credit; he was arrested before the three months had expired, and never had the opportunity of fulfilling his promise to pay in December—he was arrested the day after I supplied him with the three pairs.
Cross-examined by MR. WILKINSON. I had never seen Charles Ward before this transaction—all I know is, I received a letter from someone, signed "C. H. Ward." WILLIAM BARNETT. I am in the service of Mr. Davison, a pawnbroker,
of 138, Tachbrook Street—I produce this ticket for a pair of boots, pawned on 8th October for five shillings, and this ticket for a pair pawned on the 6th for six shillings, in the names of Gray and Taylor—I produce this ticket, which relates to two pairs of boots, pledged on 26th October for eight shillings, the two in the name of Taylor—I don't know who was the person pawning; these are the customers' tickets relating to them.
Cross-examined by MR. VINCENT. People in pawning their own goods frequently give wrong names.
WILLIAM YATES . I am the publisher of the Stage newspaper, a weekly paper published in London—I produce copies for 3rd, 24th, and 31st August last, 7th, 21st, and 28th September, and 5th and 12th October, containing these advertisements. (These advertisements were headed, "The Stage: Wanted a few amateur ladies for a touring company. Mr. Charles Ward, leading tragedian, etc., etc. Good salary, small premium required") I have seen both prisoners at my office between 3rd August and 12th October—they brought written copies of the advertisements they wanted inserted—sometimes one brought them, sometimes the other, and some times they came together—I have seen Terry write his name—the drafts he brought were in his handwriting—I have not produced them, as we only keep manuscript copy of advertisements for a month—they were in Charles Ward's, John Ward's, and Terry's handwriting—John Ward came to the office by himself sometimes—I don't think I saw the prisoners with him—these are the receipts given for money paid for these advertisements—this advertisement, "Charles Ward on Tour, with company, "I should take to mean on tour at the time, playing the pieces named, with a company.
Cross-examined by MR. VINCENT. The advertisement that he wanted ladies and gentlemen to go on tour was in a different part of the paper—it is apparently the advertisement of a company on tour, and managers who have vacant dates can send them to fill up the dates—it is not calculated to deceive actors or actresses as it stands, as it does not ask them to do anything—the only advertisement which asks them to do anything conveys the impression that Charles Ward is on tour—fit-up theatres are rooms not intended essentially for theatrical purposes, which are made up with temporary stage and proscenium, and so on—if a company was going round to halls in small provincial towns they would carry a fit-up.
Cross-examined by MR. WILKINSON. I should think the two advertisements were contradictory—I might consider, as the address was a London address, and among the "wanted" advertisements, that he was not on tour—Barry Sullivan's son is advertising a forthcoming tour—it is the universal practice for actors and actresses to represent themselves in the most favourable light they can—in some instances it may be called in the nature of a puff—I have known Ward to play leading parts, Othello and Richelieu, in a London theatre—I remember his playing some of these parts at Sadler's Wells—I have no recollection of his playing at a benefit given to Mr. Creswick in 1887, at Drury Lane; I remember no one who performed there—I remember his performance of Claude Rollo at Sadler's Wells, a leading part—we had a criticism in our paper; it was a favourable notice generally—I don't remember if it was a favour able criticism in reference to Ward—that was three and a half years ago, I think.
Re-examined. I don't remember him in any other London engagement afterwards—I know he has since been out on tour; I have seen notices of the performances he has given.
ANDREW VAN HAMME . I am in the service of Mr. Willing, jun., advertiser, Strand—we send on manuscript advertisements to papers, and among other papers to the Daily Telegraph—drafts of the three advertisements of 20th, 25th, and 27th September, purporting to be in the name of E. Terry, were handed to me on or about these dates, for insertion in the Daily Telegraph; I sent them on, and they appeared on 20th, 25th, and 27th—I produce the drafts of three advertisements of 17th and 18th September and 11th October, which we sent on, and appeared in the Daily Telegraph of these dates—I find this draft advertisement of 16th October: "Apply from twelve to four, Secretary, Dramatic Syndicate, 22, Henrietta Street," and these of 17th October, 2nd and 9tn November—they appeared in the Daily Telegraph—this of 16th October, with reference to a partnership, which appeared in the Standard, and purports to be signed by Terry, as secretary of the Syndicate—the advertisements appeared for two months in the Daily Telegraph and Standard, with the addresses, Leyton Road, Sussex Street, Henrietta Street—on 13th September and 11th October, in the Telegraph, were ad vertisements from 15, Holland Road—Terry, Charles Ward, and John Ward came with the advertisements—they have all been paid for in cash; we should have refused them unless they were.
Cross-examined by MR. WILKINSON. I don't know if Charles Ward brought any of these—we have been doing business with him for some years—earlier in the year he had brought advertisements to us—I gave receipts to whoever brought them.
Monday, January 14th. ARTHUR JAMES HURST. I am a man-servant—in March, 1888, I saw an advertisement in one of the daily papers which induced me on the 5th May to call at 8, Catherine Street, Strand—there was a plate on the left hand side of the door with "Dramatic offices" on it—on entering the office I saw Charles Ward—I told him I was a man-servant, that I had seen an advertisement in the evening paper, and I had called in answer—at this interview he said I was suited for light comedy, and I should require a course of tuition, for which he could arrange at three guineas—he asked me as to my experience, I told him I had not the least experience of the stage—he said he would enter me in a play for the 4th of June at St. George's Hall, Regent Street, Langham Place; the play was to be Withered leaves—I was to take one of the principal parts—I told him I would do it, and he arranged two days a week on which I should call for instruction—I paid a deposit of 10s. on account of the three guineas—he told me to go to Lacy's and buy a book of the play, and I was to learn, and afterwards play, the part of Arthur Middleton—Tuesday and Friday each week from four to five were settled for me to come—I went on the next Tuesday—he asked me if I had come for the purpose of settling the contract—I said I had not, but I would send £2 13s. the following week to make up the three guineas—I read to him a short portion of my part in the play, that did not take more than a quarter of an hour;
that was the whole of the tuition that day—I was then told to call on the following Friday—in the meantime I sent a postal order for £2 13s., and on 5th May received this receipt, "Received of Mr. Arthur J. Hurst three guineas for course of tuition in elocution and stage business, J. Ward. Engagements are for successful pupils only"—I called again next Friday—very much the same thing was done; there was a lesson of about the game length; I again read part of it to him—I continued to do that till 4th June, which was the date fixed for the performance—on one day three and on another day four persons attended a rehearsal at Ward's office at the same time—Withered Leaves has six characters in it—a rehearsal was to take place on the stage at twelve on the 4th June, and the per formance was to be at two that afternoon—I was very punctual, I got there at twelve; Mr. Ward was not there till after one; the rehearsal commenced before he came; the people were all there to rehearse, but the rehearsal did not fully go through—the curtain was late in rising—a week before the rehearsal Mr. Ward asked me to sell as many tickets as I could; if I could he would put me in for many other things—I disposed of ten tickets at 2s. each, and gave the money to Mr. Ward—the audience consisted of between 150 and 200, I should think; it was a one act comedy—I could not say how it might have gone, the audience was not very enthusiastic—after Withered Leaves, Macbeth was played by Mr. Charles Ward; I did not take any part in that, I saw part of it—on 7th June I received this letter from Charles Ward:—"Dear Sir,—Allow me to congratulate you on your first appearance, I was most agreeably surprised. Call on me on Friday afternoon and make an arrangement."I called on the Saturday and saw him—he asked me if I still thought I should like the stage as a profession—I said I should—he asked if I should like to go on a tour, or in town—I said "on tour"—he said he could take me on tour, but he should require a premium for that—I asked what premium—he said from £50 down to £10, but on no account could he take less than £10—I said I would pay £15—he said that was very little for a profession—I asked how long he thought his tour would last—he said he hoped a good time—I told him I would consider and let him know in the course of a few days—he said the salary would be 30s. a week, that was to commence on 31st July, the day the company were to meet—it was not said where we were to meet; I was to hear about that—he said the tour was to start on the 31st, but not to begin acting till Bank Holiday, 1st August—I wrote a letter to him asking him again how long he expected his tour would last, and on 14th June I received this letter:—"Please call here at 5 p. m., and I will answer particulars you require and have the agreement ready"—he knew I was in service at the time—I wrote, saying I would call on the Tuesday fol lowing—in the meantime I, received this letter, dated 18th:—"Dear Sir,—The agreement will be ready on Tuesday, please come prepared to, settle the business"—on the 19th I called and saw Charles Ward, and John Ward was with him—he had introduced me to John previous to that—I asked Charles, in John's hearing, how long he expected the engagement would last, also what the agreement would be, and what plays he was taking—he said, when I paid the £15 I should have the agreement—he would not give a direct answer—he left the room for a short time—John remained and continued the conversation—all I remember of it was that I asked him how long he thought his tour
would last—he said when they travelled before they stayed a good time, months; and he hoped this would last longer. Charles then came back; he asked me if I had decided to go on tour—I said I had—he asked if I had come prepared to settle the agreement—I said I had not, but I should be by the 7th July—he asked if I could not pay a deposit—I asked if a note of hand would not do, to say it would be paid by 7th July—he said he preferred a deposit, and asked if I had anyone who I could borrow the money from till then—I said I had not—I again asked him as to the contents of the agreement—he said when I paid the £15 I should have it—he accompanied me to the door, and as I left he said, "Send some money as soon as you can"—I considered the matter and declined to complete it—the course of tuition for which the three guineas was paid was simply reading through the play—Mr. Ward took the play, and took the last part of the sentence before mine; he gave me the cues.
Cross-examined by MR. MADDEN. I consider I have been swindled of thirteen guineas—I attended at Mr. Ward's place about nine times—I am a footman; I thought I should like the stage; I thought it would better my position—I had no idea what the play was till I had the book; then I was surprised—I swear that he suggested I was to have an hour's tuition—I bought the book on the Saturday, and went to him on the following Tuesday; I could not say how much I knew of the part then, not much; but by the 4th of June I knew the part—I did not make any mistake at the rehearsal that I am aware of—my performance was approved of by my friends and by Mr. Ward—I am not aware that I had a natural talent for acting; I had not discovered it—in giving me tuition Mr. Ward gave me the cues, and I took my part—he told me two or three sentences on which to put emphasis—he did not make any motions with his hands; in one or two cases he gave an inflexion of the voice, where I should put more emphasis—I did not consider that he gave me the three guineas' worth—I had the advantage of a public appearance, and Mr. Ward had the advantage too—he made out that he did not get any profit by the entertainment—I did not go on tour; I don't know whether there was a tour—I knew nothing whatever about rehearsals or actors teaching—it was necessary to have the whole lot at rehearsal; they were not all there that were necessary—on 4th June there were six; we did not all meet before then; they were all that were in the piece—I don't know the cause of the performance being late, unless it was because Mr. Ward had not turned up; I heard that the money was not paid—I know Mr. Frisby; he was one of the gentlemen; he was there soon after I arrived; the play was not delayed on his account—there were bills of the performance; I have not got one—I have quite finished with the stage, and a wise idea too—I did not profit in any way.
ANNIE TOOKEY . I live with my parents at 81, Torrens Buildings, City Road—in September last I saw an advertisement in the Daily Telegraph similar to this: "Stage.—Well-known London manager can receive ladies or gentlemen to play parts at London theatres; previous know ledge unnecessary. Salary given—tuition free—a premium required. Particulars—Drama, 151, Holland Road, Kensington—no agents."I replied to that and received this letter—"14th September, 1888—Late lessee and manager of Olympic, Sadler's Wells, and Scarborough—literary and Dramatic Syndicate, 22, Henrietta Street, Covent Garden—
Dear Madam, Will you please call on me to-morrow, twelve to two, at my office, where I shall be glad to give you particulars. Yours truly, JOHN WARD.—I called on the Saturday and saw Charles and John Ward—there was a brass plate on the door—I don't remember what was on it—I asked John Ward how much it would be to teach me my pro fession and to give me an engagement—he said £10—I said I could not afford £10—he then said, "Would you pay two guineas?"—I said, "Yes"—I did not pay it then—I had had no experience as an actress—I said I wanted to be a comedian, I objected to burlesque—I said I wanted an engagement by Christmas—he said, "In the course of a few weeks"—I said I would pay the two guineas the next time I called—I called again on the Monday week and then paid the two guineas, and he gave me this receipt, signed "J. Ward;"I saw John Ward sign it—he told me to get a book at French's, in the Strand, of The Merchant of Venice, and learn the part of Nerissa—I got the book and learnt about half of it, and went again on the Friday—I saw John Ward, he asked how I had got on with my part, and he heard me say what I had learnt—he did not make any suggestions as to the way in which I should say it, or tell me how to hold myself—I had no instruction what ever, I only repeated the part—I waited a good while there, all the afternoon, but I was only about a quarter of an hour in repeating the part—after that he asked me if I should like burlesque; I said, No—I went again on the Saturday, and then saw Charles Ward and Terry; they were in the same office—Terry asked if he could deliver any message to John Ward—he said there would be a performance on that night in which John Ward would play at St. George's Hall, Wandsworth, and he thought he was there then—Terry said he was in partnership with Charles Ward, he had nothing to do with John Ward; I waited there some time—Terry was sitting there—I went again on Monday and saw John Ward—I said I had called on Saturday, and I then said I would not mind going into burlesque—he said that was right—I think he heard me say Nerissa; I was to go on with that as well as go into burlesque—he told me to call again on Wednesday; I then said I had learnt Nerissa—he told me to learn up the part of Portia—I said it was too long, I could not learn it—I did not see Charles Ward on the Wednesday—I saw him a good many times—he asked me if I would join his touring company—I had learnt Pauline in The Lady of Lyons then—he said he had got a touring company going through Wales and the Midlands, and asked if I would like to join it, if I liked to pay the premium of £10—I said I would see about it—I said I could not afford £10—he asked how much I could afford, £7 or £8?—I said no, I would pay £5—he considered about it; I can't remember whether he subsequently agreed to take it—I think he said he would take it if I would bring it the next day—I was to have a salary of 30s. a week, and he would pay the travelling expenses—this was on Wednesday, and he said the tour would start on Thursday week—I consulted my parents, and called again next day with my father, and offered to pay £3—Charles Ward agreed to take it, and he would keep 10s. a week out of my salary until I had paid up the premium, the £10—I called the following day, saw Charles Ward, and paid the £3, and he gave me this receipt: "October 18, 1888. Received of Miss Annie Tookey, £3 on account of £5, at a weekly salary of 30s. for the entire run; Miss Tookey to pay balance of premium at 10s. a week, Signed, CHARLES WARD"—an
appointment was made later on to meet Charles Ward at 6, Sussex Street, on the Saturday afternoon—he wanted to hear me repeat my part of Nerissa; if he was not there, Mr. Terry was to hear me say it—he wrote the address of Sussex Street on an envelope and gave it me—I went there and saw Terry; I told him that Mr. Charles would not be there that afternoon—I did not repeat my part to him; he offered to hear me say it, but I declined; I said I was going on a touring company with Charles Ward—I had seen Charles Ward act on the Saturday night—I told Terry I was going to St. George's Hall, Wandsworth, that night, and he gave me this card, "Mr. T. E. Terry, 6, Sussex Street, Pimlico, S. W. Please pass bearer to front seats, and oblige yours truly, E. Terry"—I asked Terry if Terry's Theatre belonged to him; he said, No;" he did not know Mr. Terry—I left him, and went to St. George's Hall—Charles Ward told me I was to go across the stage to get across the footlights; I saw him there, but he did not ask me, so I did not trouble—he acted in a piece called The Poor of London—there was a tremendous lot of people there; I don't know if they all paid—I saw Charles Ward after the performance—I said I wanted to speak to him—he said, "Wait a minute," but I did not see him any more that night—I went to Henrietta Street on the following Monday—I saw Terry, and told him I wanted to see Charles Ward, as I wanted to know what parts to learn and what dresses to get—he said he was going to meet Charles Ward in the Strand, and he would ask him—I called at Sussex Street next day and saw Terry—on the Monday he said they had given up the offices, as they were going on tour, and I mentioned about John Ward being taken up—Charles Ward heard me repeat the part of Nerissa—I asked him what clothes to get—he asked if I had got a light summer dress; I said, "No"—I said I had seen a case in the paper about Mrs. Warburton, who had brought John Ward up for de frauding her—he said it had nothing to do with Charles Ward—he said he would send me another part by post next morning—on the Thursday I received a manuscript part of Amy Castleton in The Royal Pardon, with this memorandum from Charles Ward: "Miss Tookey, please learn this and see me at two o'clock"—I learnt it, and on the Saturday went and saw him, and he heard me say it, I had not learnt it all—he gave me instruction to put distress on different words—nothing was said about the tour starting—I went again on the Tuesday or Wednesday, and went through the rehearsal again, just the same—on the Monday night I received this letter: "Will you please come here on Saturday at half-past two o'clock in place of Wednesday? Trusting you will then have improved in your part,—Yours truly, CHARLES WARD"; I went on the Saturday and saw him, and repeated Amy Castleton; he did not mention the tour then—I went again, and he heard me say it again—I then asked him when the tour was going to start—he mumbled something about the theatre, I did not particularly understand it; I then received this letter. (This stated that the tour would commence on 2nd December)—Terry was taken up when I received that—in the course of the correspondence I received this letter: "6, Sussex Street, Friday afternoon. Dear Miss Tookey, I should have written to you before this, but unfortunately Mr. Ward has had an accident which keeps him to the house, and he is quite unable to get out of doors; he wishes me to ask you to meet him here on Tuesday next at 7 p. m.—Yours truly, E. TERRY"—I was induced to part with my money because
John Ward promised to get me an engagement and teach me for the two guineas by Christmas; that was what I paid my money for, and the other £3 was a premium.
Cross-examined by MR. VINCENT. Such instruction as I received was from Charles Ward, not from Terry; I never expected to receive any from Terry—I did not expect to act when I went to St. George's Hall—on every occasion when I asked Terry about the acting or the dresses, he referred me to Charles Ward.
Cross-examined by MR. WILKINSON. I only paid £3, I don't remember the date of that, it is on the agreement—I paid the money on the Friday, and I went to St. George's Hall the next night, Saturday—the piece was the The Poor of London—I was to go on as one of the crowd to accustom me to the stage—I did not do so, as I did not see Charles Ward—I saw him act in one of the principal parts—I admired his acting very much—I suppose I should have been perfectly satisfied to have been taught my profession by him—the people there halloed and screamed, I suppose they admired the acting—they were only a lot of roughs, I took no notice of them—I did not think much of the hall; it was full—Charles Ward gave me instructions three times—I studied Pauline for more than a week, not with the idea of acting the part—John Ward told me to study—Charles Ward took the part from me, and said he wanted me for minor parts on the tour—he told me to put distress on words, and to move my arms at certain times, and the attitudes I was to assume just at the end of Amy Castleton—I learnt the whole of that part—I was perfectly satisfied with the instruction he gave me, but he did not carry out his engagement—he did not go on tour, that is what I complain of—I said at the Police-court that; I was ready to go on tour then; that was the first day I was up there—I don't know that the tour was arranged—I saw one bill announcing it—it was to commence at Cardiff—the bill said nothing about Cardiff, it was in Wales—it was said that the reason the tour was not commenced was in consequence of a course that Jones Brothers took, but Charles did not tell me the reason why he did not go—he did not tell me it was simply postponed; he said he had entered into an engagement with Jones Brothers.
By the COURT. I could not say how many times I went and repeated my part, I went so many times—I did not repeat it every time; I think it was three to Charles Ward and twice to John Ward.
MARIE LOUISE WILMOT . I now live at 66, Denbeigh Street—I am the wife of Mr. William Herbert Wilmot—in September, 1888, I was living at Blackpool, Lancashire—I was not married then—my maiden name was Sheridan—some time before 7th September I saw an advertisement in the Daily Telegraph, in consequence of which I wrote this letter, offering myself as a candidate, and received this reply: "September 7th—Your letter just received. I have much pleasure in giving the particulars you,. ask, and shall be pleased to come to an arrangement if possible. Our tour starts in three weeks' time. We have only one vacant place; this would doubtless suit you, as you will have small parts to take—salary, 25s.; premium, £20, either paid down, or, if more convenient, part, and the rest according to arrangement; if the latter, say about the amount convenient. If you think these terms will meet your views, let me know at once, as several ladies are waiting
Kindly say age, height, and whether good figure, and other particulars useful to me.—Sincerely yours, E. TERRY." To that I replied, somewhere about the 8th, asking further particulars, enclosing photo graph, and offering £5 down and the rest in October—I addressed that to Station Road, Leyton—in reply, on September 10th, I received this letter, in the same handwriting. (This entered into various details, accepting the offer of £5, etc., stating salary, £1 per week, and £1 5s. on receiving balance, and stating that at the close of the tour he thought of going to America, and no doubt could arrange to take her there, concluding, "Please send at once the £5, as I have other offers")—I answered that: "Sir, I should like to hear further about the company, as I am a lady by birth and position, and cannot consent to take less than 25s. a week—before paying the £5, send me agreement"—on 14th September I received this letter from Terry. (This entered into detail as to the arrangements, in reply to which the witness wrote accepting the engagement and enclosed £5 on account of the £ 20; on 18th September Terry forwarded receipt, urging witness" to keep the name of Sheridan (not Stuart, as she had suggested), as it was a splendid stage name)—the correspondence ceased then until 16th October, but before that, on 29th September, I married Mr. Wilmot, and left Blackpool—my marriage was in the paper; there was no concealment about it—I made inquiries, and received advice that I had thrown my money away; I took that advice—my sister subsequently wrote to Terry, and received this reply from Terry from Sussex Street. (The letter was dated 16th October, 1888, addressed to Miss Sheridan, and stated that her part was now ready, and requesting the balance of premium)—I heard nothing more, and had no further negotiation.
Cross-examined by MR. VINCENT. I gave no notice of my marriage to Terry; he may have seen it in the paper;' all my letters then went to Mr. Wilmot's address—I did not leave my address at the post-office—I heard that Terry had written to the police at Blackpool to know where I had gone—I did not give up all idea of continuing the engagement on my marriage.
Cross-examined by MR. WILKINSON. I never saw Charles Ward until I saw him at the Police-court.
Re-examined. My sister did not remain at Blackpool; she is an actress, and was on tour—my father lives in London; I gave up the house at Blackpool.
By the COURT. I have had experience among amateurs, never professionally on the stage.
EMILY SEYMOUR BEACH . I did live at Commonwealth, Caterham—I now live at Addiscombe with my parents; I had been on the stage before September, not professionally, as an amateur—about 6th September I saw an advertisement in the Telegraph—in reply, on 7th, I wrote this letter to Mr. E. Terry. (This requested terms and particulars, and enclosed photograph)—on the 8th I received this letter from E. Terry, 13, Station Road. (This was similar to the one to the last witness)—I replied on the 10th September, agreeing to pay half the premium, and requesting an interview—I received an answer on the 13th, and went to 13, Station Road; Terry opened the door to me—I asked to see Mr. Terry—he said, "I am Mr. Terry; then you are Miss Seymour"—he showed me into a front room, and we had a conversation—he asked me what I should feel inclined to pay as regards premium—I said I
thought half, but I could not decide then, I would let him know—he said it was a first-class touring company—I said, "What about expenses?"—he said "all travelling expenses to be paid"—he said he was the proprietor of the company, and Mr. Charles Ward the principal actor and instructor, that they were going to North and South Wales, Scotland, Ireland, and then to America—the English tour was to last about nine months, and they were to start in about three weeks—he said if I would write to him and let him know what I felt disposed to do about the premium the matter could be further discussed; he would keep the vacancy open till he heard from me, that there was only one vacancy for a lady amateur, that they were only going to take one lady—on 17th September I wrote this letter. (Stating that she feared she must abandon the idea of joining the company unless he would take £5 instead of £15 as the premium); to that I received this reply on the 18th. (Asking her to bring the £5, and he would see what could be done)—on Thursday, the 20th, I went again to 13, Station Road, and saw Terry—he asked me if I was going to pay the deposit—I said, Yes—he said he would take the £5 as a deposit, and I should receive a salary of £1 a week instead of 25s.—I paid the £5, and he gave me this receipt—signed "Terry and Ward, per E, Terry"—he assured me that it was a theroughly genuine company, and if I made progress it would be to their advantage to keep me—he said they were going to start in a fortnight or ten days, that they had taken the hall at Wandsworth for rehearsals before starting on tour; he asked me to go there on the next Monday, and he would introduce me to Mr. Charles Ward; in the meantime I was to read up the Mercy speech in The Merchant of Venice, and Mr. Ward should ask me to repeat it, that he might be able to judge from that what to cast me for—I asked who found the dresses—he kid ladies as a rule had plenty of evening dresses—I said, Yes, I had plenty of them—he said, any stage dresses of course they found—he said the company consisted of about from 16 to 20, and of course, now I had joined and after he had introduced me to Mr. Ward, I should be introduced to the company—that was the substance of the interview—I was to come there on the Monday following, the 24th; I went and saw Terry—he said Mr. Ward had another engagement, and was unable to be there—I asked when we should start—he said he thought in about ten days' time; he was very sorry to bring me all that long journey for nothing; he would have telegraphed, but he had not my right address; I then gave it him,"Miss Seymour Beach, Common wealth, Caterham;" he travelled back to London with me—on our way he said, "Doubtless you will think this a strange question for me to ask: What religion are you? "Isaid, "Church of England "; he said, "I ask you this because all my company when on tour attend church once or twice a day, "I suppose he meant on Sunday—I noticed a coat of arms in the first of Terry's letters with a motto, "Sub cruce salus"; I was not able to translate it; I was not influenced at all by that—he promised to write to me, but I think I had to write to him on the 27th September, desiring to hear when we should start—on 2nd October he wrote this: "Dear Madam,—I will write to you in a day or two, making appointment to see you; have been away, or should have done so before. Don't write here again, as I leave for good to-day"—he did not write after that, and on 10th October I went to 13, Station Road, Leyton—I found no one in the house, it was still furnished—I inquired next door, and they told me that
Mr. Terry and his wife had left on Thursday, they could not give me his address; I inquired at the post-office and the Police-station, but could not get it—on 16th October I wrote again: "Sir, I am extremely surprised at not receiving a letter from you; you must know that you are putting me to inconvenience and expense; please return photo and deposit"—that letter was returned to me through the Dead Letter Office, with the words "Gone away" on the envelope—on 9th November I saw this advertisement in the Daily Telegraph—I cut it out—it was the same advertisement to which I had replied—that aroused my suspicion, and on 12th November I got my sister to write a letter, which I dictated in the name of Corbett, asking particulars and giving my sister's address, and on the same day came this answer:" 6, Sussex Street, Warwick Square, S. W.—Madam, in reply to your letter in reply to my advertisement, etc., when you call we can go theroughly into the matter.—E. TERRY"—on receiving that my suspicions were confirmed, and I communicated with the police, and on Saturday, 17th September, I laid an information at Westminster Police-court, a warrant was granted, and Terry was apprehended—at the time I paid my money I believed in the statements in the letters, and in the conversations I had with him, that he had this company, and that it was a genuine tour and engagement.
Cross-examined by MR. VINCENT. Terry told me that he never acted at all—I cannot say whether he said, "We start in three weeks, "or "We expect to start"—I did not expect to take the part of Portia; I was to recite it to Charles Ward, that he might form an opinion of what I was worth—I did not tell him that I wished to be spared from attending rehearsals, and to be as late as possible before coming to London—I said I did not wish to come all that way for nothing before starting on the tour—the greater number of letters he sent to me were sent to Caterham—the conversation about church-going was not spoken lightly—he said it with the utmost solemnity—I made no arrangement for Divine Service—he did not rebuke me for levity.
Cross-examined by MR. MADDEN. I gave my stage name as Emily Seymour, the name I always go by—I did not put my name in full—I never saw Charles Ward till I saw him at Westminster Police-court.
WILLIAM HENRY O'REILLY . I live at 14, Chapel Street, Bedford Bow—I have been an indigo planter—on 17th October, 1888, I saw an advertisement in the Daily Telegraph relating to the dramatic profession, purporting to emanate from one Terry, 6, Sussex Street, S. W.—at that time I was without any occupation—about 19th October I went there and saw Terry—I told him I had come in answer to the advertisement I had seen, in the paper, stating that they required one gentleman amateur'—he said he wanted one man, a gentleman; that he had a company—I said I would not join it until after I had been to Germany, as I was in hopes of an appointment there—he said that I should have to pay a premium—the sum was not stated at that time—he said Mr. Ward was the principal actor in the company—he said he could give £2 a week salary, and the tour would last about nine months—I had acted as an amateur in India, but had no experience of the stage—I was to have the salary after I had signed the agreement and paid the premium; if I left the company before the period expired I should forfeit my premium, but, on the other hand, they were bound to keep me as long as their company existed, and hat he would pay me that salary unless I improved and showed myself
worthy of more—I believed what he told me—I said I would decide after my return from Germany—I sent him a telegram from Germany, and on my return I found this letter of 25th October awaiting me (Asking witness to call, and stating that the vacancy had been kept open for him)—on Monday, 29th, I went and saw him—I told him I would join his company—he told me on the first occasion that they would start in about four days, and that unless I decided very soon he would be unable to keep the vacancy for me; and on my return I was rather surprised at his not having gone—he said it had been unavoidably put off, and they expected to start in three or four days—they were to go to Cardiff first, and through Wales, and round the South Coast of England after that—I saw a placard in his room, a printed bill—several pieces were mentioned on it, Othello, Richelieu, the Lady of Lyons, and others—I asked what parts I should have—he said Mr. Ward would test me, and he would be able to do so from the description that he, Terry, had given of me—he thought from my personal appearance and stature I was suited to a light part—I had not given him any taste of my quality—an agreement was drawn up—this is it, it is dated 29th October—I and he signed it; the name of Ward was already written on it—I paid £4 on that day—I had previously paid a deposit of £1, and I was to pay £10 in November—I believed the agreement to be genuine and the statements to be true—he said the company consisted of about twenty professionals—I asked what the regulations were—he said the company would pay all travelling expenses, and supply dresses and wardrobe, but I should have to find my own tights and fancy dresses—all this was before the £5 was paid—it was arranged that I should meet Charles Ward in order that I might go over the part of Roderigo—I was handed a book of Othello, and copied out my part—a day or two after I kept an appointment in Sussex Street to meet Charles Ward, and he was introduced to me by Terry—he told me he had performed in nearly every theatre in London, and that he was one of the principal actors in the company—he said Mr. Terry did the financial business; that he (Ward) had a share in the company, but that it went under the name of Terry's Dramatic Company—he heard me repeat the lines of Roderigo; he approved of me, and gave me the part of De Bearon in Richelieu—this book he sent me by post—I don't know when they were going to start; he told me on several occasions that they were going to start; I could never get any information from him—on 7th November I paid a further sum of £7, and had this receipt, signed "Ward and Terry, per E. Terry"—I paid that, although we were to have been on tour on November 5th, when it became due, because Terry said unless I did so my agreement would be of no account—about that time he made an appointment to go with me and get some tights and a wig—before that appointment was kept I had this letter of 9th November. (This appointed the meeting for Monday, November 12th, when Ward would be there and would go through the piece, adding that he had better pay the balance on Monday)—I told Terry that I had heard that a Ward had been prosecuted for swindling somebody with regard to the same kind of thing as this, and I asked him if Charles Ward had any thing to do with it—he said, "I can assure you that this Ward has nothing to do with it"—I met Terry according to the appointment it Charing Cross Station, and paid him £3, taking this receipt; an arrangement was come to that the balance of £2 was to be deducted" from
my salary—I asked for my salary on several occasions; he made excuses which I thought reasonable for not paying me; that they had been spending money on printing and different things, and it was rather hard of me to want my salary before they started, and I was agreeable they should make it up to me when they started—I went with Ward and Terry, and got the tights and a wig; I paid for them—he wanted me to buy boots and a hat—I afterwards received this letter of 16th November (Asking him to call on Monday to meet Mr. Ward)—he sent me The Merchant of Venice, one of Dicks's penny books—on 17th my suspicions became aroused, and I went to the Westminster Police-court—I gave certain information which led to the issue of a warrant and the apprehension of Terry—Miss Beach went there the same day—I never saw the company of twenty members; I saw none—I got no salary—I believed all the representations about the nine months' tour to begin at once, and parted with my money in that belief.
Cross-examined by MR. VINCENT. My salary was to begin from the moment I signed the agreement on 29th October—the words, "The remaining £2 to be deducted from salary of the first two weeks of playing for his convenience" were for their convenience and mine—there was an arrangement that salary should commence to be paid as soon as the tour began, but also that whatever salary was due before that should be paid to me—I paid £15, and I was to receive £2 a week prior to the commencement of the tour for doing nothing, and living at my own expense and studying parts—both Terry and Ward, at separate places and apart from one another, told me Ward was the chief actor in the company; and Ward, apart from Terry, told me Terry managed the financial part; Terry never pretended to any acting—I was to act Roderigo, not merely to study the part—I don't think it is a common thing to give Shakespearian parts to inexperienced persons for study—I did not hear Mr. Edward Terry examined—I heard Miss Beach say the part of Portia had only been given her to study—the time of starting was doubtful—I said in my original complaint, and I think I said before the Magistrate, that at my first interview with Terry he told me they were going to start in three or four days—I won't be certain about dates, because I can't remember—I have the tights and wig still—I remained on friendly terms with Terry even up to the very last—I did not take stalls at a theatre from him after I had informed the police—I did not try to entrap him, all I cared about was to secure myself.
Cross-examined by MR. MADDEN. I discovered I was a born actor shortly after I was born—I was going to take the stage name of Mark Alton—all money matters were between Terry and me—Ward did not know whether I had paid anything or not, to my knowledge—I had the part of Gratiano to study—Ward marked words in two passages for emphasis, and told me in another part I was to bring a pate in on a fork with a table napkin stuck in my collar, and I should bring the house down—he put me through my exercises three times; on each time Othello twice and Richelieu twice—I was instructed in pronunciation by Ward—I was a slightly green young man, that was how I came to agree to pay for the wigs, which are rather expensive—I have generally made my own wigs, I have an inventive genius—I only saw one bill printed for this tour; a placard of Mr. Charles Ward as something—I saw this
bill on a chair in Terry's room; it is supposed to represent Mr. Charles Ward—I don't know what as—I saw a red bill with some of the pieces to be performed printed on it—that is it, I think—(This bill was to the effect that Messrs. Jones Brothers had engaged Mr. Charles Ward and a carefully selected company, with new costumes and splendid scenery).
Re-examined. I asked Terry whether he was any relation to Mr. Edward Terry, and he said he was some relation.
By MR. VINCENT. After that he mentioned the exact relationship; I forget now what it was—I have not said that before.
ERNEST WILLIAM GREEN . I live at 26, Ingleshall Road, Shepherd's Bush, and am a clerk—about the beginning of November I saw an advertisement in the Daily Telegraph—I sent this letter in answer. (Stating he would be glad of further particulars; that he had good appearance and voice, and inclined toward low comedy)—I received this in reply. (Asking him to call)—I wrote, making an appointment, and then called at Sussex Street, where I saw Terry and a lady, who, he informed me, was his wife—I asked what his terms were; he said he would give me all necessary stage instruction on payment of a premium of £15—I asked him several questions regarding his company, and where he had been playing lately—I understood that he was proprietor of the company, and that Ward was the instructor in elocution—he said he was going on a tour with his company at Christmas-time, through "Wales, Scotland and Ireland—by paying £15 I could have instruction and become a member of the company, at 30s. or 35s. a week, I think he said—I had acted in one or two amateur performances before—I did not see Ward—I made an appointment to see Terry again next day, but I thought better of it; I did not see him again; I did not part with any money; I did not like the appearance of the place.
JOHN DON (Detective D). On 17th November I received from the Westminster Police-court a warrant for the arrest of Terry, granted on the joint information of Miss Beach and O'Reilly—I went to Sussex Street; I remained for some time in the street—I saw Ward go into, the house a little before four; then Terry went in—afterwards they came out together—I went up, and said, "Mr. Terry, I hold a warrant for your apprehension; will you please come inside No. 6, and I will read it to you"—we went upstairs into the front room—Ward went away; I would not say that he heard what I said to Terry—I read the warrant to Terry; he said, "I am innocent; I will make O'Reilly pay for this. Where is Mr. Ward? Fetch Mr. Ward; I want to see him"—at this point Ward came in, and said, "Terry, what is the matter?"—Terry said, "I am arrested through O'Reilly"—Ward said, "Oh," and left—I began searching the room—Terry said, "Where is Ward? You see he has not come back. Ward is a scoundrel; I wish I had never known the Wards"—he kept muttering that to himself, and appeared very much upset—I took possession of a number of letters, photographs, and printed, playbills—there were a large quantity of play-bills; I left a large quantity behind—there was only one red bill—the play-bills were in the form of a letter, note paper and envelopes printed with advertisements—among other things I found thirty-four pawn-tickets, including two of 18th September and 11th October with reference to the pawning of a quilt and pair of carvers—I took Terry to the station; on the way he said, "You see Ward has not come back. Ward has let me into this"
—at the station he was charged—he said, "I am innocent, that is all I will say"—he gave his name as Thomas Everson Terry—I found a card case on him containing these three cards, "T. E. Terry, Acting Manager"; "Terry's Dramatic Company"; and "Terry and Ward's Dramatic Company"—a purse was found on him with a small coin in it; and a 2s. piece, which was handed to him by a lady in the house, and given back by him to her at the station—£29 had been realised by the pawning, the last thing was an overcoat—afterwards I returned to 6, Sussex Street, where I found this cash-book—under date of 22nd August, I find entered what purports to be the monetary account of the partner ship accounts of Thomas E. Terry and Charles Ward, in Terry's writing—I have seen Terry write, and I have gone through the correspondence which purports to be signed by him; it is his writing—I find in the cash book entries of several sums for advertisements in the Stage and Daily Telegraph; of sums given to Charles Ward for his private use, amounting to £23 3s. 6d.; to Terry for his private use £8—I find entered £5 from Miss Marie Sheridan; £5 from Miss Emily Seymour; from O'Reilly £13 on various dates—I find on October 16 Miss Davis £15 premium, and on the same date Miss Tookey £3—I have found the draft agreement of October 18th, between Terry and Ward and Miss Davis, and some letters in connection with it. (By the agreement they agreed to take her on tour at a salary of £2 10s., in consideration of which she had paid them £15 as premium for introduction to the stage, and retention of her services during the run of the tour, and for further engagements; letters were read from her asking the cause of the protracted delay in not leaving London, and from B. T. S. Davis, of Chester, asking on behalf of his daughter when they intended to start on tour)—I saw Miss Davis at 6, Sussex Street—she made a complaint and showed me three receipts—I found two draft agreements in Terry's writing, prepared in blank—I found two letters purporting to be signed by Charles Ward; one autherising him to remove goods from Russell Chambers, and the other with autherity to remove goods from Henrietta Street—I found this letter of 6th November from Ward to Terry—"Having waited for your letter all day, allow me to state I think your conduct anything than that of a gentleman, and all business matters arranged between us has come to an end"—I found several unpaid bills—I found this letter from John Ward, of September 8th, 1888 (agreeing to pay monthly instalments on a loan)—I found a ticket for St. George's Hall, Wandsworth, and this receipt for £10 from Miss Allen of 9th October in Terry's writing—this is in Charles Ward's writing, I should say, and a receipt for £2 2s. from T. E. Thomas, for lessons in elocution and general stage business—they were furnished apartments at 6, Sussex Street—there was nothing there to show preparation for a theatrical tour, no bills beyond the one large bill—among Terry's papers I found a number of letters from Champion relating to an engagement; a draft letter in Terry's writing fixing the premium at £30; similar correspondence as to the engagement of Mr. Dixon and his wife, premium £20; and as to Mr. Byles, Miss Clifton, Miss Newhall, Mr. Watson, Miss Blazer, and Miss Comber, with premiums—I served Ward with a summons on Tuesday, 20th, at 133, Harrison Street, Gray's Inn Road—he said, "I expected this. Shall I have to appear on Monday?"—I said, "No, that is a summons returnable forthwith. You will have to appear to-morrow"—he said, "I am busy getting up the case for my friend
Terry"—I said, "I cannot help that"—Ward appeared on the Wednesday—he was occupying one room, with a bed in the centre; bed and sitting-room in one—on the remand of Terry he was further charged; he made no answer—he was remanded from time to time and committed for trial—a summons was applied for against John Ward on December 3rd, and issued against him—I was not able to find him, and a warrant was issued for his apprehension, but I have been unable to execute it—I can not find him.
Cross-examined by MR. VINCENT. We have done our best, but cannot find him—there was a draft receipt in. Green's case found—he never paid any money—all the draft receipts that have been produced do not necessarily indicate any actual transaction—when I found the cash-book the front part was gummed down, and there was a written notice that from the beginning up to that page the contents of each page were private accounts, in no way connected with Ward and Terry's partnership; that after the note the accounts were partnership matters, and that sums Terry had paid out of his own pocket were marked with a cross—if that note is correct £4 9s. 10 1/2 d, on the first page, has been paid by Terry out of his own pocket—there is no entry on the receipt side beyond the pasted down pages of what can be called a private entry—I found a great abundance of correspondence there in all parts of the room, and a great part of it and the pawn-tickets in a medicine-chest in the front room.
Cross-examined by MR. MADDEN. I have added up the book—Charles Ward has received out of it £23 odd, including some amounts for publishing—"Charles Ward, for fit up, printing, etc., £10;" is included in the £23; there are other items for printing, and so on—I do not know what he has received altogether for private use—I would not say if it would exceed £5; probably £5 or £6 would be very near it—I have not seen Ward write; I said a receipt I found bore a resemblance to his writing; I have seen letters written by him, and go by the general correspondence we found—I have only the one playbill; these I have here were seized at Terry's place—I held no communication with the Chief Constable of Neath; there was correspondence to Neath—I gave to the Treasury every document I took from the house; there were some telegrams; these are they—I did not produce them at the Police-court—, when the Treasury act we only produce what they want—I had them on the first appearance before the Magistrate, to be produced if wanted—I never read these letters from Neath; I only put them on one side—I requested Miss Davis to attend the Court—she was there—she was taken away by a lady—I requested her to go to the Treasury; she declined to make a statement unless in open Court, or to charge.
Re-examined. I could not detain her; she was a very headstrong lady—I had no legal right to detain her—she walked away from the Police court with the lady who was in the house at 6, Sussex Street—I believe Mr. Sims produced Jones's letters on one occasion—I produced them all in a general manner—Messrs. Jones are in attendance here—I did not subpoena them.
FRANCIS JOHN SIMS . I had the conduct of this case at the Police-court on behalf of the Solicitor to the Treasury—on the last occasion I was there these documents were handed in, that they might be open to inspec
tion on behalf of anyone representing the prisoner, or the prisoners themselves.
Cross-examined by MR. VINCENT. They were produced and put in, but I objected to their being read—they are referred to in the deposition as having been put in; I objected to their being read till they were proved—I did not call the attention of the Court to them; I simply proved the finding of them—if they had been of importance against the defendants I should have read them, or if they had been to the defendants' advantage—Mr. Rickards had the opportunity of, seeing them at the time.
Cross-examined by MR. MADDEN. I did not subpoena Mr. Jones; I am acting under the instructions of counsel—we did not want to subpoena him as a witness for the prosecuton—he is your witness—we told the Chief Inspector to hold himself in readiness to appear—he is here under subpoena.
Re-examined. I was anxious that if the prisoners could get any benefit by his evidence that that evidence should be forthcoming.
Tuesday, January 15th, 1889.
Witnesses for the Defence of Ward.
JOHN JONES . I am a member of the firm of Jones Brothers, of Neath—our business consists partly in contracting to take touring companies round to halls in South Wales—there are only four regular theatres in Wales; two in Cardiff, one at Swansea, and one at Merthyr; but theatrical companies go round to halls of public entertainment in the various tours, bringing their own "fit-up," that is, the proscenium and the necessary apparatus for the stage—on 26th September we entered into this agreement; it is my father's writing. (This was an agreement between Jones Brothers and Charles Ward, by which Jones Brothers were to provide the hall, fittings, gas, bill-posting, etc., for a tour commencing 29th October, 1888; Ward to find an efficient company of actors and actresses, Jones to have 40 per cent, of the gross receipts)—I sent that agreement to Ward and received this telegram, and in consequence of that I wrote this other letter, of 30th September, requesting specimens of printing other telegrams passed between us, the result being to commence on 29th October—on 20th October I wrote:" 1 fully expected to receive all printing from you—it is no use any company coming to Wales at short notice, as it means smashing the business and ruin of manager and company; it has been a great loss to us and doing great injury, as other companies wrote at same date"—these red bills are my own, got out specially for myself, nothing to do with Mr. Ward—I had 50 printed for my own tour, but I divided them to send to some of the other towns—I had made arrangements with Neath, Swansea, Aberdare, Tredegar, Blaenau, and Monmouth—two of these towns were for six nights, announcing performances by the prisoners' company—I received a letter from Terry, stating that he would send some lithegraphs, which I received about 21st October; there were three parcels—I have brought here all the printing I received—(produced)—this represents one of the pieces to be played; that was part of the second parcel I received; it is supposed to represent The Royal Pardon—this other represents Mr. Ward as Richelieu—I received the first parcel on the 21st or 22nd October—on the 30th I telegraphed,
"No posters, no day bills; agreement cancelled."-Ward wired "Who is to find the day bills?" that is, the cast bills, with the names of the actors—I wired back, "You, Mr. Ward"-hehe did not reply to that and the agreement was cancelled nine days before the opening, because I did not get the proper materials—I insisted on the twelve days' contract, and put an end to it—I did not receive any further communication from. Mr. Ward—I had letters from some solicitors in London, threatening an action, which I took no notice of—I sent a letter to Mr. Ward after that stating that I should be happy to arrange with him further on to make up the loss I had incurred, because I had a great loss—we received this letter from the Treasury on 9th January, stating that my attendance.
By MR. VINCENT. I know South Wales very well-Aberdare is a colliery district; the population is large: an industrial and rough one the entertainment must be good to satisfy them.
Cross-examined. By this agreement Mr. Ward was to provide an efficient company, pay travelling expenses, and provide printing twelve days in advanced lithegraph of Richelieu is a stock lithegraph—Mr. Rickards, solicitor, has lot pursued the threatened action—this was my last letter to Mr. Ward: "25th October.—I have, to pay for two halls, therefore I hope you will give me some future dates, to make loss up; others have threatened to place me in the County Court—I had no reply.
By the JURY. I never received any money at all from Ward.
ARTHUR HELSBY . I am in the employ of Messrs. Culliford and Co printers, of London—these are two of our firm's receipt; Sthectober for £1 and 17th October £5, on account of printing for The Royal Pardon.—the bills were paid for and sent off on the dates specified in the books—Ward got printing from our firm—I produce our books—this is a book of receipts for parcels delivered by us—the foreman warehouseman made the entries in them—Henry Culliford, one of the firm made this entry it is a receipt from the railway company-" 20th October, Received this day a parcel directed to Messrs. Jones Brothers Neath; signed by the carman, Royal Pardon, seven tragedies and seven ladies"—these refer to posters—these are the bills (produced) our printing here is a receipt 24th October, "Received a parcel directed to Jones. Brothers. Neath, from C. J. Culliford and Son "—that consisted of twenty-five posters twelve sheet bills, I think-our firm has on previous occasions done printing for Ward—The Blighted Tragedian poster was done expressly for him—I remember him at Sadler's Wells—I don't think we did Printing for him then—we have done a great deal of work for him-that Richelieu is a stock bill we keep; Ward or anybody else gets it, and we put a slip across there; it was done for Clarence Holt originally, and we have sup plied them to Ward from time to time.
Cross-examined by MR. VINCENT. My transactions have been entirely with Ward—we print for most of the large theatres, and have a large I never heard that he was practically locked out of the theatre; or that there were large arrears of-rent—I have heard a deal of Mr. john Ward—I believe he was the lessee of Sadler's Wells—I do not Know what indebtedness there was between my firm and Charles Ward on 8th
October, when £1 was paid on account—it is the custom for all bills to be paid for when the goods are sent.
Re-examined. I have been to Sadler's Wells, and seen Charles Ward act—I saw him in Faust—I can't say if I have seen him as Othello or Hamlet, or in anything else—he had a very good company there—it was not a very good house—I have known him as an actor for some time, and have seen him frequently—if a new bill is required from us a deposit is usually required before it is drawn—Charles Ward owes us nothing.
FREDERICK CHARLES SHAW . I am a theatrical property fit-up maker, in partnership as Shaw and Wiggins, at 70, Drury Lane—I have been in partnership about five months—I have known Ward for that length of time; my partner has known him nine or ten years—on 20th October I was paid £4 on account of fit-up by Ward, who hired it at £12 for nine weeks or longer—he said he was going on tour—I did not see Ward again, but Terry came about a week after the expiration of the contract. (The contract was read; it was to the effect as above stated)—Terry said he was instructed by Ward to call before, but that he had had other business to attend to, to see me to explain why the contract was broken—I have had experience in these matters—it is a very common thing to take these fit-ups round the country and the public halls round London, where there are not actual theatres—good companies take fit-ups with them—we supply a good number of people with them—Gilbert and Sullivan's Mikado company go round with two or three fit-ups—when first-class companies work small towns they take fit-ups.
Cross-examined. Ward gave me no address, but my partner knew where to find him—I neither saw nor heard from Ward after 20th October—I did not know Terry in connection with this transaction till he made himself known to me—his name was not mentioned by Ward—the order was given between two and three o'clock in the afternoon on 20th October as near as I can tell you.
WILLIAM HOLLAND . I am a costumier and military tailor at West Street, Soho—Ward sent me 35 to 37 articles of all kinds of theatrical costumes to repair and mend and press up—I have about a dozen here—Ward afterwards called on me—it depends on the person who wears the dress whether he makes it a comedy or a tragedy. (The witness here produced a number of costumes, and said they might be used for such characters as Charles Surface, Mephistopheles, Roderigo, Bassanio, Macbeth, the Grand Duke in "Othello," and other Shakespearian characters)—I have known Ward eight or nine years, I should think—he was son-in-law of my neighbour Bailey—Ward was highly respectable so far as I had any knowledge of him—he has had a little business with me, and has paid me—I never saw him on the stage, I have seen him in halls—I have seen a great number of actors in my time, all kinds—I would not undertake to furnish many of the big company lady actors with costumes; many of them spend £1,000 on them—I believe they have to find their own dresses; no manager could undertake to supply them—these costumes would be very good and valuable going about the country; they must have cost a lot of money originally; he must have paid exceedingly well for them—I think he was well qualified to play the characters he undertook—I think he is a creditable actor of all the parts mentioned, particularly Richelieu, which is the best character I have seen him in.
Cross-examined. I have never seen him in any theatre—the halls I
have seen him in have been in London; I never saw him away from London—I know very little of his brother John; I looked over the case against him; I paid no attention to it—John and Charles were with one another—I don't know what position of partnership they held—I was told they were carrying on a theatrical agency—I am principally a military tailor—I have no occasion to keep books; I always have money on delivery—Charles Ward has not paid me for these things, because I have never delivered them back yet; he asked how much they might be, and I told him about fifteen shillings for mending and pressing—that was about 28th or 29th October, when I first saw him—two or three days after he delivered them—he first came on 25th October, and I saw him once afterwards—in all I saw him half a dozen times—he sent the things to me between 22nd and 25th—I saw him four or five days after 28th or 29th—I wished him to take possession of his property—they have remained in my possession until the present time'; he did not come or send for them.
Re-examined. I am not sure about dates—the matter was fresher in my mind when I was at the Police-court, and what I said then might possibly be more correct as to dates—it was between 22nd and 25th.
ROBERT PECKETT . I am a railway clerk in the parcels office at Euston—I receive goods from the City and West-end, and forward them to the country—I have this memorandum from the Great Western Railway Company, Neath, to me, of 22nd October: "Parcel, Jones, 20th, to pay 1s.; refused, being too late in instructions; senders, C. J. Culliford and Sons"—in accordance with that I wrote this post-card to Messrs. Culliford, advising them the parcel had been refused, and it was to be sent to them—I do not know as a fact that the parcel was sent back to Neath.
JOHN DALLAS . I am a professional instrument maker; my business principally rests with the theatrical profession—I have known Ward from twelve to fourteen years as an actor—I have seen him act at Sadler's Wells; I could hardly say in what characters; it is some seven years ago—I should think he was there somewhere about 1885 and 1886; I could not be quite certain—I saw him as Othello, Hamlet, Macbeth—I have seen a great many actors; I was quite satisfied with his performance—as far as I could judge I consider him to be an actor of ability—I gave him two references to two landlords because I had always known him as a respectable man; I knew nothing wrong against him, and I thought he was capable of doing the business, as I said in my letters—I was subpœnaed by the Treasury—I think I have a slight re collection of John Ward coming to me and asking me to give him a reference, and I said "Yes"—I was busy at the time, and I got him to write the letter for me with my full sanction; I fully approved of it.
Cross-examined. I said something in the first instance to the effect that I had given no reference to John or Charles Ward—I had reasons for it—I am a banjo manufacturer—these references are not in my writing—I can read and write—they were signed by the writer—they purport to be signed by J. Dallas; I should have written the letters if I had had time to sign them—John Ward had my autherity for writing the first letter—I did not notice:"I have known Mr. Henry Ward for the last ten years"—I did not know Charles Ward by the name of Henry—as far as I know, the statements in the documents are true—I can't say if one was addressed to Mr. Ross, the landlord of the Bury Street Chambers
—I should think the rental there was £70; I said, "Quite capable to pay the rent"—I am not aware where Charles Ward was living at the time—I know he lived somewhere about Burton Crescent; I did not know the exact place—as far as I knew ho was capable of paying a rent of £70, that was what I meant—I knew no harm of him—I did not know that on that very day, 19th July, a distress had been put in the rooms he was occupying for 19s. 6d., and that he was incapable of paying it out: I knew nothing at all about their private affaire—it is very likely that these two references of 19th and 21st July were written on the same occasion; I cannot say—I did not notice the different dates, I merely had them read to me; the dates may not have been read—this was read to me:"I have known Mr. Henry Ward for the last ten years, and have no hesitation in stating that he will prove a good tenant, and quite capable of paying 40 guineas per annum. Yours truly, J. E. Dallas;"I authorised that to be sent—I really could not say that I knew where these people were moving from—I knew they had a place at 8, Catherine Street, Strand—I did not know that the landlord there had been unable to get any rent, or that he had allowed them to remove that furniture on their giving him an acceptance for £47 14s. 6d., or that they were in debt to the housekeeper, and could not pay her—I have met the Wards out—I have known Mr. Charles Ward for fourteen years, and always knew him as a respectable man; I knew no more—I knew nothing whatever of their circumstances—they are very respectable people.
GEORGE GRAY . I knew Ward some years ago. I have lent him money from time to time for theatrical purposes—he has repaid me with nominal interest—the whole amount would come to about £150 from time to time—I met him in the Strand in August last, and to the best of my recollection he told me he was going on tour, that he had had a split with his brother, who had not paid him for giving elocution lessons to his pupils, and that his brother was going to take some place in Wandswortn, and he was going on tour, and had got some one to finance him—I think he said the man's name was Terry—I have known Ward as an actor, and have seen him play; I think I saw him as Richelieu in June last at a place in Camden Town—I saw him play in August last.
Cross-examined. I have no profession, I suppose I am what the world calls a dilettante—I have had monetary transactions with Ward on promissory notes—the first was about six years ago—one sum was £58, the lowest was 15s., I think—that was about the first—the last was in 1886—he has not since applied to me for money; I lost sight of him then for some time till last August—I was in Scotland—in August he complained of his brother John—I did not know he was actually carrying on partnership with him at the time; he told me he had an office in Covent Garden, at Henrietta Street—he said his brother John came there to write letters—he said they were not in partnership, they had split—I made no inquiry as to the truth of that—I made no inquiry about John's case of the girl who brought him up for swindling her out of a premium—my attention has not been very firmly fixed on the family.
F. C. SHAW (Re-examined). The arrangement about getting wigs was with my partner, I was not present; I know arrangements were made for the supply of wigs—we have supplied the prisoner with wigs for nine or
ten years; we have been paid all along—nothing was owing to our firm.
By MR. MATHEWS. I was not in the employment of my firm before I was taken into partnership—I have only been in partnership about five months—I can speak of nine or ten years because of my partner; my books are here.
GUILTY .— Twelve Months' Hard Labour each.
NEW COURT.—Saturday, January 12th, 1889.
Before Mr. Common Serjeant.
MR. WILKINSON Prosecuted; MR. WARBURTON Defended. JOSEPH HILLIER. I am a baker, of Rydal Terrace, Islington—on Sunday, December 9th, about 12. 40 a. m., I was going up Pentonville Hill, and Tabor asked me for some tobacco; I said I had none; he struck me with his fist behind my ear, which knocked me down and gave me great pain, and it swelled—Whiting and another man then knelt on me, and Tabor got on my legs; they took 15s. from my right trousers pocket—my under and top coats were both fastened—they pulled them open, and my top coat was saturated with blood from my head—I felt my money taken, and my pocket was turned inside out—before I got up I was kicked on my head, I can't say who by; I got up, two of the men ran round the corner, and Tabor ran up the hill—I followed him, and never lost sight of him till a constable took him—at the station he said, "You have made a mistake this time"—on December 11th I went into the George public-house, and saw Whiting at the counter—I went out, called a constable, and gave him in charge—he said he was waiting for a friend—there are lamps on both sides of the road where I was knocked down.
Cross-examined. It is a broad street, and I believe badly lighted—I had left work at noon, and went home and to bed, as I am at night work—I left home at ten and went to a friend's house in Tottenham Court Road, then to one public-house—I was quite sober—I was knocked down instantly, and the men rolled about on my face—the lamp was a long way off—Tabor ran at first, and then walked; he was arrested a hundred yards from the spot—I had the back of my head kicked open, and was greatly injured and frightened—Tabor ran for fifty yards; he was never ten yards from me from the first start—Whiting has protested his innocence all through.
WILLIAM DIPROSE (Policeman G 83). On December 9th, at 12. 40 a. m., I was on duty in Pentonville Road—Mr. Hillier pointed out Tabor to me, who was walking leisurely ten yards off; he had previously passed me on the same side of the road—I said that I wanted him, as a man charged him with assault and robbery—he said, "He has made a mistake"—he said at the station, "You have the wrong man this time"—I found no money on him—he gave his address, 53, Culford Road, Dalston—Mr. Hillier spoke to me opposite the reservoir, which is three or four hundred yards from the church, where there is a lamp, and there is another at the corner of North Street, opposite—I should say that he had had a glass or two of drink; he was very excited, and smothered in mud—I saw a cut on his head.
Cross-examined. He was walking quietly in a direction from his father's house to his own—he could speak intelligibly—his father is a respectable person, and I know nothing against the son.
JAMES BRISTOW (Policeman G 264.) On December 11th at 3. 15 p. m., Mr. Hillier called me to the George public-house, and pointed out Whiting, who was at the bar, and gave him into my custody for assaulting and robbing him of 15s. on the 9th—he said, "I am waiting for a friend, he will be back directly"—I took him to the station, and in reply to the charge he said, "It is false"—the public-house is on the opposite side of the road to where the struggle took place, and nearly a mile from Tottenham Court Road.
Cross-examined. Whiting is respectable, and in regular work—he gave a correct address.
Witnesses for the Defence.
HARRIETT LESTER . I am the wife of James Lester, of 47, Albion Road—Whiting has lived four years at our house—he is a horsekeeper—on. Saturday night, December 8th, he came home at 11; he went to his room, and I am certain he stopped there, for I locked the door, and he could not get out without my unlocking it—he is a well-conducted, honest, peaceable young man.
Cross-examined. I took the key into my own room—he came home on the 7th at 9. 30; he has been home early every night for six weeks—I fix the time on the 8th, as one of my children was ill, and I was sitting up with it and waiting for him to come home—I have a clock on my mantel shelf.
JOHN BELL . I keep the Ormond Tavern, Great Ormond Street; it is my duty on Saturday night to go to the Mission Hall; I did so on this night, and looked out at the window between 10. 45 and 11, and saw Whiting going home—I have known him since March; my money has passed through his hands, and I have never had cause to complain—he works for different masters as horsekeeper.
Cross-examined. My house is 150 yards from Mr. Lester's.
The prisoners received good characters.
NOT GUILTY .
MR. HIGGINS Prosecuted, and MR. POYNTER Defended George.
WILLIAM HARDY (City Detective). On 18th December, at one o'clock, I was with Briant in Australia Avenue, Barbican, and saw Johnson leave the side entrance of Messrs. McQueen's hat factory—we followed him to Fore Street, stopped him, and in consequence of what he said to Briant Briant took him to the station—I then went to 32, Jewin Street, where Johnson had been just before, and saw George there; I said, "I am a police officer; have you bought a parcel of hats, or had any left here by anyone lately?"—he said, "No;"I said, "I have reason to believe there has been a parcel of hats left here"—Briant then came up; I cleared the shop, which is an ice-cream shop, and said, "Have you any objection to us looking behind the counter?"—he said, "No"—I looked behind the counter, and found this parcel of six hats—I said, "How do you account for the possession of these hats?"—he said, "I bought them of a man
who I don't know"—I said, "What did you pay for them?"—he said, "8s. or 9s."—I said, "Is there anything else here which you have bought?"—he said, "No, you can look"—we searched behind the counter and found this lady's Russia leather satchel, and two silk hand kerchiefs, and two scent bottles—he said, "I bought them of a big man"—I said, "What did you pay him for them?"—he said, "I think 7s. 6d. for the bag, 3s. for one handkerchief and 4s. for the other," and he did not know what he gave for the scent bottles—I said I should take him in custody for receiving the goods, knowing them to be stolen—at the station £10 10s. 3d. was found in his trousers pockets loose—I had cleared the shop of several boys and shut the door.
Cross-examined. He sells pastry and coffee; lads go there and have their dinners—he is a foreigner, but he understood me very well—he is, I believe, assistant to his brother, the proprietor of the shop—whoever was the proprietor had access to these things as well as the assistant.
JOHN BRIANT (City Policeman 628). I followed Hardy to George's shop; he closed it and shut the door—I was present when he questioned George"—no one else was there—the boys were outside, looking through the window.
JAMES HOLDAWAY . I am warehouseman to Mr. McQueen—on 18th December I sold Johnson a dozen hats between 12. 30 and 1 o'clock for 69s.—these hats (produced) are not what I sold him, but they laid at the side of the others—I did not miss them till the prisoner came an hour and a half afterwards.
JOHN MCQUEEN . I am a hat manufacturer, of 89, Barbican—I know Johnson as a customer—these six hats are my manufacture; they are worth 14s. 3d.—they are not the hats to which this invoice referred; this refers to a dozen hats made specially for Johnson's father, which were paid for on the day when these hats were taken—Johnson came for these hats, but he took others with him which were alongside his own two dozen were stolen, these are six of them.
Cross-examined. These were not paid for as well as these in the invoice they were stolen.
THOMAS THEMSON . I am salesman to Foster, Porter, and Co., 47, Wood Street; that is 100 yards from Jewin Street—we keep articles the same as this reticule and handkerchiefs, but the reticules are not in my department—we employ about twenty boys, but they live in the house—I did not miss any handkerchiefs.
Cross-examined. They can be bought at any mercer's in the New Cut or Whitechapel—it is what we call a coster's handkerchief.
Witnesses for the Defence.
ARTHUR LOVETT . I am an errand boy, but am not in a situation now—I was errand boy to R. J. Parnell and Co., 23, Jewin Street, and used to go to this shop to get refreshments—you can get ice-creams there, and cakes and pastry, and all kinds of sweets—about a week before Christmas I was there all day, being out of a situation; I can't remember whether it was a Tuesday—Johnson brought a basket in at 12. 30, and took a parcel out of it, and said to George, "Joe, will you mind this for me till I come back?"—George does not keep the shop; I think the man who keeps it is his brother—the parcel was not looked into; there was a crowd of boys in the shop having dinner—Joe said, "All right; when will you be back for it?"—he said, "By-and-bye;" and Joe put it behind
the counter, without undoing it—no money passed—I was there when Harding came—he said to George, "Will you give me that parcel?"—Joe said, "What parcel do you mean?"—he said, "A parcel of hats;" and he called George outside the door, and then went back, packed up the parcel, and gave it him, and then asked if there was anything else.
Cross-examined. He did not tell the inspector what he gave for the hats—I heard nothing about 9s.—I was in the shop all day till the detective turned us out and took George away—I was sitting by the fire nearly all the time—it was a large open basket without a lid, and a cloth over it—I have seen this handkerchief before; Joe wore it round his neck one morning—I have never seen this bag before, but these two little bottles were on the shelf at the back of the counter for three weeks before, by the side of other ornaments—his brother keeps the shop, I am told—I have seen him a few times—he was not there when the parcel was left, but he came in afterwards.
Re-examined. Their conduct towards each other was like a proprietor and his assistant—the little bottles were on the shelf, where everyone could see them.
HENRY HORNE . I went in after the hats were handed to Joe; all I know is that as Johnson went out of the shop he said, "Don't forget, I will be back by-and-bye—that was between twelve and one o'clock—I saw no money pass.
Cross-examined. As I went into the shop George was just stepping down to put the hats under the shelf—I did not know that they were hats—Joe afterwards took me to Johnson's father's shop; it is a hat shop—he said, "This is the b—who has got my son into it"—he began swearing, and talking two words to our one—I went out in three or four minutes.
JAMES NICHOL . I am a labourer, of 25, Irish Street, Hoxton—while I was out of work in December I used to go to this ice-shop, of which George is the manager and his brother the proprietor—I was there in December, when Johnson brought this parcel in about twelve o'clock—he said to Joe, "Will you mind this for me?" Joe said, "Yes"—Johnson said he would come back and call for them; Joe said, "All right," and placed them under the counter—nothing was said about money—I saw George wearing a handkerchief like this once or twice; anybody could see him—I have seen these little bottles as ornaments on the shelf where he puts the money.
Cross-examined. I saw this bag on the counter; he said, "Look, that is what I have got," and put it under the counter—he said that he bought it, but did not say where—I did not feel the parcel, but I knew it contained hats, because I had been in the trade.
Both prisoners received excellent characters.
GEORGE— NOT GUILTY .
JOHNSON— To enter into recognisances and come up for judgment if called upon.
MR. GEOGHEGAN Prosecuted.
JOHN NICHOLS (Policeman D 446). On 15th December, about 10. 5 p. m., I was on duty in Gower Street with Hopkins—No. 92 was unoccupied, next door to that is 94, and the prosecutor lives at 98—while I was examining the door of No. 92 something fell from the roof; I looked up
and saw something like a man's head looking over the parapet—I spoke to Hopkins, and we went to No. 94; the owner gave us permission to go on the roof, and we made towards No. 98, where I saw the prisoner crouching against the buttress of the adjoining house—an attic window was open just above the parapet; it opens in the middle, like a French window—a ridge on the roof divides one house from the other—I said to the prisoner, "What are you doing?"—he said, "It's all right, governor; it's only me"—I took him back to No. 98, the attic window was open, and said, "Now we must get through here"—he said, "I will get in first," making a rush at the window—we held him back, and he said, "I will do for you"—I got in first, leaving him and Hopkins on the roof—the parapet is eighteen inches high and the gutter ten inches wide—I assisted him in, and turned my lantern on, and saw a lot of things tied up in this bundle, and in another corner of the room were some bags which Miss Greener has identified—I took him to the front hall, and saw Miss Greener and her maid, and kept him there till help arrived, then took him to the station—an entrance had been made by getting down the area of No. 92, which was under repair, by sliding down the scaffolding, and breaking a pane of glass, and unlatching the kitchen window—from there it would be easy to get to the attic—the hole in the window was large enough for a man to get through without opening the latch—I saw no second man on the roof.
Cross-examined by Prisoner. We had you between us when you threatened to do for us, and also going down stairs; you went down quietly.
JOHN HOPKINS (Policeman V 439). I was on duty in Gower Street—Nichols spoke to me—we went to the roof and saw the prisoner, and kept him till help came—he was in our custody when he used threatening language—he went quietly after he got through the window.
AMY GREENER . I live at 98, Gower Street—on Saturday night, 15th December, my housemaid spoke to me about 10. 10, and I and a friend ran upstairs, and heard a noise in the attic; I ran downstairs, opened the street door, and called "Police," and then saw the prisoner being brought downstairs by two policemen—after he was taken to the station, I went to the attic and saw this bundle—the police opened it—it contained six dresses, a sealskin coat, and other things, which I had seen safe in a cupboard in that room at 6. 30—I did not tie them up—they are worth about £30—this dressing-bag was safe at the bottom of the cup board at six o'clock—I found it in the middle of the floor; I had not put it there.
WILLIAM JAMES (Police-Sergeant E). On 15th December the prisoner was brought to Tottenham Court Road Station—he gave his address 37, Great Peter Street, Westminster—I have made inquiries there—I examined the premises next day—an entrance had been effected by sliding down a scaffolding pole, breaking the area window, creeping through the hole, going up to the attic, getting out at the window, crossing Nos. 94 and 96, and entering No. 98, the window of which was open—the crossing is twelve or fourteen inches wide—I saw marks in the area of No. 92, from which I should say that two or more men were engaged.
The Prisoner produced a written defence, stating that a middle-aged man offered him a job, and took him through an empty home on to the roof, and told him to wait ten minutes, and he waited till the police took him.
GUILTY of entering the house at night, with intent to commit felony , and the Jury commended the conduct of the Police.— Twelve Months' Hard Labour.
MR. HIGGINS Prosecuted; MR. EDWARDS Defended Quantrill.
WILLIAM LEWIS . I am cabdriver No. 13019—on 10th December, at midnight, I was in Pentonville Road and saw a gang of men—two of them came behind me and held up my arms, and one of the prisoners took my money out of my pocket—they all ran as far as Liverpool Street; I ran after them—they all turned round, and one of them knocked me down—when I got up they were gone—I recognised Quantrill in a public-house two days after, and gave him in charge, and on the Thursday I saw Poole in a public-house in Marchmont Street, and gave him in charge—I had known him previously.
Cross-examined. It was not a dark night—I had seen Quantrill several times before at King's Cross—he drives a cab—I have spoken to him several times—although I knew him, I did not give information till the Wednesday afternoon—I waited two days—I had no drink all day—I knew three of the gang—it was Poole who put his hands in my pockets—I am uncertain whether Quantrill took any actual part in the robbery—I identify Quantrill because he has one foot longer than the other—I daresay I could have caught him—I can't say whether he was there when I was knocked down, or Poole either—I did not see him again till I gave him into custody.
Cross-examined. He did not say he was not there.
WILLIAM HENDERSON (Policeman E 395). On December 13th I went to the Lord John Russell public-house at 5. 45, and Lewis gave Poole in custody for robbing him on the morning of December 11th—when Poole saw me come to the door he walked towards the door; I took hold of him; he struggled to get away, and on the way to the station he struggled again, and said, "I want to speak to the Pros."
W. LEWIS (Re-examined by Poole). I can swear to you, you did not hold my arms or assault me, but you robbed me—the man who robbed me has not given me 2s. not to lock him up since you have been in custody—I have had no money—I gave his name at the station—I thought it was the same name—you are the man who robbed me.
In their statements before the Magistrate each prisoner said, "I was not there when it happened."
Poole's Defence. I am quite innocent. The prosecutor has told people that he has had his money back from the man who did it.
NOT GUILTY .
NEW COURT.—Monday and Tuesday, January 14th and 15th, 1880.
Before Mr. Common Serjeant.
MESSRS. MEAD, BODKIN, and BLACKWELL, for the Prosecution, offered no evidence against Dodd.
NOT GUILTY .
MR. GEOGHEGAN appeared for Fife; MR. BLACK for Saunders; and
MR. BURNIE for Cook.
PETER NELLAN . I am in the employment of Christoff Andrea, velvet, silk, and plush manufacturer, of Mulheim, on the Rhine—on 21st November I consigned some velvet and plush to Messrs. Atkins and Nisbet, seven pieces in one case and four in the other—I did not pack it; I handed it over to the packer—I did not see the cases in which they were packed—these two invoices refer to the goods—the case marked "C. A. S. 2,370" contained the four pieces, and the one marked "C. A. S. 2,373" contained the seven pieces—the total value of the seven pieces was £37 14s. 9d.; that of the four, £22 1s. 10d.—this piece of dark brown plush (produced), value £5 10s, was in case 2,370, and this brown plush, value £6, and this blue velvet, £6 17s. 6d., were in 2,373.
Cross-examined by MR. BURNIE. These goods were manufactured by my firm—we produce a large quantity in the course of the year—we do a large English trade with several firms—Atkins and Nisbet are our agents, to whom we send a large quantity of goods—these goods are sent to the North of England—we have sent many goods similar to these in the course of the year.
Re-examined. This blue velvet was manufactured in a particular manner, as to size and general finish and colour and everything, in con sequence of a sample, so that I can identify it—it was sent to England—I know this brown piece in 2,373, in consequence of the colour and the manner in which it has been fastened together—I recognise the piece in 2,370, because of the colour and the fastening—the size of the two brown pieces corresponds with the invoice.
WILLIAM SCHROERS . I am one of the firm of Chopin and Co., of Prussia—on 21st November I sent 31 pieces of silk to Messrs. Pattinson and Co., through our agents Atkins and Nisbet—this is the invoice referring to them—they were in one case marked "S. T. M. 3,351"—since then I have been shown 24 pieces of silk by the police—upon these 24 pieces I see the tickets which we affixed to each piece—the value of this piece would be about £8—the total value of the 31 pieces was £261 1s. 10d.—the value of the 24 pieces found is about three-quarters of that amount.
WALTER EVANS . I live at 27, Butcher Road, Ratcliff Cross, and am a carman in partnership with my father—on Friday, 23rd November, I gave instructions to Lee, a carter in our employment, to go to the Black friars Station of the London, Chatham, and Dover Railway, and to deliver the goods he got there—I sent him away between 2 and 3 p. m.—at 7. 40 p. m. he came back without his van, and in consequence of something he told me I complained to the police—I received this paper, which contains the instructions he received from our office, and autherises him to get the
goods from the railway, and bears the numbers and descriptions of certain cases of silk, from the Chatham and Dover people—on 29th November I went with Inspector Reed and other officers to 8, Cropley Street, where I saw some silk with numbers on the tickets, but no numbers which corresponded with the invoice numbers; these were the numbers of the cases—the carman received this paper.
Cross-examined by MR. GEOGHEGAN. Lee is still in our service—he has boon with us about twelve months with a character—he had no van boy at the time this silk is supposed to have been stolen—Leverett, another man, was with him; Leverett was not examined before the Magistrate; he is in our service still—he was with us as a boy, and left, and has been with us now about twelve months—the silk was stolen from one van—Leverett was in charge of another van, and had nothing to do with the van from which the silk was taken—if he went to Lee's assistance he went as a volunteer—the day after the silk was missing Lee and Leverett came back to our service—I was present at the Police-court—I heard it said that these two men had received £100 each for this silk robbery—if there was a breath of suspicion on them I would not employ them—we still employ them—we have no reason to distrust them—I cannot disprove the statement that they had £100 each; I am not sure whether they had or not—we still entrust certain property to them, not valuable property, sugar, and all sorts of goods—no detectives are watching them to my knowledge—they are allowed to go about with no one looking after them, so far as I know—Leyton has been six years in our service—who have thirty-five men in our employment, carmen and men in the office—the silk robbery was common conversation among them all; it was not suggested by whom it had been stolen—Leyton first spoke to me about the matter on the Sunday following, the 25th—it was not by my direction he went to Avis—Avis came with him on that Sunday evening—I had communicated with the police before that—I don't know If I am responsible for the loss of the goods; there was no special declaration of value to us; I carted the goods, not knowing their value—we had not insured at that time our customers' goods against loss—when Leyton and Avis came, they did not say anything about the police—I said I had been to the police—I made arrangements that they should go to the police with me the same evening—they came first to see me at dinner time on Sunday; they could not see me then—at that time no suggestion, offer, or promise of a reward was made—at a subsequent date a reward was promised (not to these men)—it was not put up anywhere—it was mentioned first to the police—we said to the police, "If you find these goods we will give £50 reward"—I think that was said on Sunday evening, the 25th, to Inspector Reed and Sergeant White at their office at Commercial Street—that was before the second visit of Leyton and Avis—Avis had been in our service as carman, and was discharged for dishonesty about two years ago—we did not prosecute him—I heard that he had since been sent to prison—I did not know before his trial that he was going to be tried—he was detected by another carman in the act of stealing horses' food; we discharged him; he never came to us for a character—the silk was in a one-horse van; it has no tilt—it is unloaded over the sides or anywhere—the sides are about 2 ft. high—our carmen are instructed not to stop for refreshment when out—Lee went out between two and three with this load, and came back about seven; it
would be against his instructions to stop for beer and coffee with a load of that value.
Re-examined. He would return about seven—he had an opportunity before he started of getting refreshment—Leyton and Avis came on Sunday at dinner-time—I first saw them on Sunday evening—I had not seen the police in the meantime—Reed had come to me in the evening, and I had spoken to him about the reward—Leyton and Avis called at one o'clock; then they called again between six and seven—after that Reed came—I have never said anything to Leyton and Avis about a reward.
WILLIAM LEE . I am carman to Henry and Walter Evans—on Friday, 23rd November, I got instructions from Mr. Evans to go to Black friars Station with a van, load up goods there, and deliver them at certain places—I started about 3. 30 alone in charge of the van—I went to Blackfriars Station, where I received this way bill and thirteen packages—I delivered four or five of the packages at certain shops, in accordance with my instructions, and after that I stopped at Mills's coffee-shop in Leman Street at seven o'clock or 7. 15—I got down and left my horses and van and packages in the street—as I was going inside the door I met one of my fellow-carmen, Leverett, who came in and had tea with me—I was inside ten minutes or quarter of an hour—then a boy came and said something to me—I went out at once, and found my van was gone—I went to Leman Street police-station, and made a complaint there—then I went round the back turnings and searched after the van, but could see nothing of it—I came back and told Mr. Evans we had lost the van—I gave the way-bills to him—I can't say what I had delivered when I went into the coffee-shop—I left nine cases in the van, four or five large, and the rest small—I next saw my van at Commercial Street station the same night about eleven o'clock—two of the largo cases were still in it.
Cross-examined by MR. GEOGHEGAN. Leman Street would be my direct route going to St. George's-in-the-East—I was going the shortest way to my master's premises, going down there—I went down Commercial Street as far as Camomile Street, before you get to the railway—Mills's coffee shop is quite close to the police-station, and on the same side—I don't know if a constable is always on fixed duty at the post in the middle of Commercial Road—you can always see a constable in Leman Street—I did not think anyone would take my van away—I put the nose-bag on when I went in, and the chain on the wheel, and took the drag-chain off—I intended to stay about a quarter of an hour and have tea comfortably—I met Leverett there by accident—he had the same sort of stuff in his van as 1 had in mine—he had to deliver at one part of London, I at another—he had not delivered all his goods—he did not lose his van—I had no van boy—I had to unload and deliver the silk myself—I don't suppose my master would allow me to stop for refreshment if he knew it—it is the rule now that we must not stop for refreshment when we go out with goods—it was left to our own discretion before whether we should stop or not—I was violating no rule—I never knew a cartload of valuable goods like these without a van boy to look after them—there are large glass doors in Mills's coffee-house; it is a regular carmen's rest; I know some of the carmen who go there, and the people who wait on you—there are seats on both sides and a passage down the middle—
partitions separate you from the people in the next seat; you can look over the partitions into the street—I was sitting with my face to the window looking after my horse and van—I suddenly missed it—I looked through the window two or three times and saw it there, and then a boy came and told me it had gone—I kept my eye on it, but it was dark—I have not got the £100, I wish I had—I got nothing out of this business, I had nothing to do with it—I am still in Mr. Evans's service—Leyton is one of my fellow carmen—I did not know Avis before I saw him at Arbour Square—I have a van boy sometimes—Leverett had a van boy, I don't know his name; he was the boy who told me the van had gone—he is not in Mr. Evans's employment now—he was not called at the Police-court—he said he did not see it go—when Leverett and I went in the coffee-house the boy was left outside to look after his own van—my van was close to it; he could see it—he has been discharged, and has not been called to give evidence as far as I know—Butcher's Row in Ratcliff Highway is about half a mile beyond the Jolly Sailors.
Cross-examined by MR. BURNIE. I am eighteen—this van boy is about fifteen or sixteen—he is not here—Leverett is not here.
Re-examined. I knew my van was loaded with silk—I had no instructions about not going to tea; but my master would not allow it if he knew it; I went in on my own account—Leverett went in with me and sat by my side—I sat with my face to the window—the coffee-shop was lit up inside—you could see the van and yet you could not; it was dark; you could see the shadow of the van—I aid not know the van had gone till the boy came and told me.
By the COURT. I started at 3. 30, but was kept waiting at Blackfriars Station about two and a half hours getting the goods—it took me about an hour delivering four cases, and then all the people had gone, and I could not deliver any more.
HENRY TWEED . I am a wardrobe dealer, of 15, Mount Street, Bethnal Green—on Friday night, 23rd November, at 10. 45, I went into Gossett Street, Bethnal Green, and saw a horse and van, belonging to Mr. Evans, with two large wooden cases in it—no one was in charge of it—I took it to Commercial Street Police-station—I found it about a mile from Leman Street.
JOSEPH AVIS . I live at 5, Crook Road, Deptford, and was a carman to Messrs. Clayton and Murray, of Deptford—I have left them now through slackness—I knew Fife—on Sunday morning, 25th November, about 11. 30, I was with my father in a coffee-shop in the New Road, Commercial Road—after I came out I saw Fife on the opposite side of the road—he beckoned to me, and I crossed the road to him, with my father—Fife asked me if I had heard anything about the squeeze, meaning silk—I said, yes; I had seen it in the paper, but I had not read it; and I said, "My father has just been talking to me about it"—I said it was £5,000 I had seen in the paper, but I had not read the case—he said, "It was; it was rather a hard job, wasn't it?"—he said it was taken away by a carman, and the two carmen belonging to the van were given £100 apiece before they went to the coffee-shop—he asked if I would go and see it—I said, "No, I will not go and see it this morning; I am with my father; I do not want to leave him"—nothing was said about how the silk was packed or wrapped up, or how much
there was—a gentleman was with Fife; I cannot see him here to-day; it was not one of the prisoners—I saw him one or two days afterwards—I do not know his name—I left Fife and went with my father along Whitechapel Road—between twelve and two on the Sunday I went with my friend Leyton to Mr. Evans—I saw Mr. Walter Evans the first time I called—I told him I would see him next day, as I had to go to work, and I left him then—I and Leyton went to Leyton's house, and then between 5 and 6 p. m., as far as I can guess, we went to Fife's coffee-shop—I saw Fife—he asked me who my friend was; I said he was a friend who worked at Carter, Paterson's, and he asked me what was the matter, and I told him my friend had two rolls of cloth for sale—he asked what sort of cloth it was—I told him it was dark Melton—he asked me how much there was—I said from 1 1/2 to 1 3/4 cwt, about 150 yards in each piece—he asked us to bring it down; we said we would take a sample of it in the morning, and he could see it—that would be Monday morning—I and Leyton then left—before we left Fife said to Leyton, "You ought to get good things there," meaning Carter, Paterson's—Leyton replied, "Yes, we do get good things there sometimes"—he said if he got good things there he could do with it, and could pay him upwards of £5,000 for it—then we left—next day (Monday), at dinner-time, I saw Mr. Walter Evans again; no one was with him—I and Leyton went afterwards with Mr. Evans and made a statement to Reed and White—after we saw Mr. Evans on the Monday we saw Fife at the Grasshopper public-house, Baker's Row; he was alone—he asked me if we had got the samples of the cloth—Leyton gave him a sample—he asked how much we wanted for it—I told him we had sold one roll for £7, and wanted £7 for the other—he looked at the cloth, and said he would come down and take it away in a cart to-night, meaning Monday night, and if it measured the amount, he said he would pay the £7 for it—Leyton gave him the name and address where he lived, 107, Hertford Street, Stepney—Fife took it down on a bit of paper—Fife had a gold watch in his hand—I believe the master of the house was behind the bar, serving—Fife said he had sold the governor a watch for £25, and he would sell me the other one for £5—I told him I had not money enough—he said he would come down and take the stuff away, and an arrangement was made to see him again in Hertford Street when he came for the stuff—I next saw him at 12. 30, in the middle of the night, outside the Grasshopper, with a man, I believe the same man that I saw on Monday morning; it was not one of the three prisoners; I don't know his name—I was alone—he said he had been down in a trap to 107, Hertford Street, after the roll of cloth, and they were all policemen that lived in the house—I said, "You ain't been there; me and Leyton have been waiting there since half-past eight"—he then called the man who was with him, and asked him whether he had not been down there—the man said he had been there—nothing more took place; we left—while I was speaking to Fife, I saw"Reed on the opposite side of the way in Baker's Row—on Tuesday, at dinner-time, I saw Fife at his coffee-house—I asked him if he could do with a load of stuff—he said he could, and that he could get the same man to drive it away that drove the silk away—he took me over to the New Road, Whitechapel, and said he was going to get the man to drive it away—he left me alone in the Whitechapel Road—he came back and told me the man was out, that he had gone to Hoxton—he asked me
where Leyton was—I said, "Round "Wood Street; he is loading at Lloyd and Attree's, Wood Street, and at Bennett's, Cheapside, and he is going to the London and North-Western Railway, which he will reach at six o'clock"—I then left him—between five and six on that Tuesday I went to Fife's coffee-shop with a diamond ring—I saw his wife, and afterwards I met Fife in the public-house in the Whitechapel Road—I showed him the ring, and told him I had sampled the load that Leyton had, that this was a sample out of Bennett's stuff, and that there were things out of Lloyd and Attree's—I did not give him the ring, only showed it to him—I saw Fife again that evening at the corner of Commercial Street, coming across from Leman Street, getting on the tram—I rode with him as far as Paul Street, Finsbury—he said he was going to Hoxton to see the man that took the load away—I cannot recollect if Leyton's name was mentioned—I saw Leyton, after the ride on the tram, at Paul Street, Finsbury, and spoke to him; I met him by arrangement at eight o'clock—I had told Fife I was going to meet Leyton and send him on to the railway to deliver his load—Fife then said he would see about having a load to-morrow—he said he would be at home from nine to twelve next day—the next morning was wet—I went to Fife's shop, and into the parlour at the back; a piece of silk wrapped up in brown paper was there shown me—Fife said, "That is all right, isn't it? This is some of the stuff out of the load"—I said, "Yes; it is all right"—it was rolled up in brown paper and put on the shelf—I went across to a public-house by Whitechapel Churcn, not the Grasshopper, with Fife and another man—that was not the same man I have mentioned previously, and not one of the prisoners; I don't know who he was—Fife said he would see about having a load that same night—it was to be Carter, Paterson's load—he asked me where Leyton was; I said, "At Paul Street, Finsbury"—I left him there and told him I was going up to see Leyton—I saw Leyton in the morning—I saw Fife again that evening about six o'clock, I think, at his coffee-house—he told me he would send me the man next morning to take the load away, and he would have it on Thursday—I made arrangements to meet him on the Thursday morning at the coffee-house at nine o'clock—I left him then, and did not see him again on that Wednesday night—I met him on Thursday morning at five o'clock, and told him Leyton had gone to collect the load sent from Silber and Fleming and Lloyd and Attree's, and asked him to send me to the man—he told me to go to the Market House public house, Nile Street, and ask for the name of Saunders—I wont there and saw the prisoner Saunders in a private compartment; I told him Mr. Fife had sent me to him, and said my mate Leyton had got a load, ho wanted to get rid of it—I said that Leyton was a carman to Carter, Paterson—he said, "Meet me at two o'clock at the Market House, and bring Leyton with you"—I did so; we saw Saunders there and Cook—Saunders said, "Is it the carman?"—I said, "Yes"—he said, "What does the load contain?"—I said, "Mantles and jewellery"—he said, "Is it a straightforward job?"—I said, "Yes"—he said, "Mind you, if this is wrong, off comes your head"—I told him it was as straight a job as ever he had—Cook heard that—Saunders and I arranged to meet at 4. 15 outside the Madhouse, City Road—I told him the load would be at Paul Street, Finsbury, and I would take him there—after we came out Cook asked Saunders if he could have a few words with him—he called
him on one side, and I did not hear what they said—Saunders asked me if we wanted money—I said, "A few shillings," and he gave me and Leyton a half-crown each, and I saw gold, silver, and copper in his hand—I saw them kissing hands both inside and outside the public-house—I went with Leyton to Carter, Paterson's to see the load, and then went to the Police-station and spoke to Mr. Reed—I then went to the City Road, outside the Madhouse, and saw Saunders there; he beckoned to Cook, who joined us from the opposite side; we went to a public-house and had a drink, and then walked to Paul Street, where Saunders told Cook to keep his eye up, and left him there—Saunders and I went to Paul Street, waited half an hour, and Leyton came up with one of Carter, Paterson's loaded vans; we spoke to him, and he told the boy to look after the van, and we went into the public-house and had a drink, and asked him to show us the way-bills; he did so—Saunders looked at them and said they were right—we came out, and Saunders said to Leyton, "You take the boy away and I will take the load"—Leyton took the boy away, Saunders got on the van, and I got up behind—Leyton said to Saunders, "What am I going to have for letting the load go?"—Saunders said, "I would rather you would have no money at all—Leyton objected to letting the van go without money, and I told Saunders to give him a few shillings; Saunders gave him half-a-crown, and said that after the van was un loaded I was to take the money and settle up with him afterwards—we drove through several streets and stopped at a stable—Saunders went across the road, got a key, opened the door, and told me to back the van in—I did so, and we started unloading—we put the cases in one of the stalls, and while we were doing so Inspector Reed and Mr. White came, and I ran away.
Cross-examined by MR. GEOGHEGAN. I was at Clayton and Murray's, meat carriers, about a month—before that I was in prison—I had eighteen months at the Surrey Sessions for stealing flour from a van—there was no van boy—there were two of us, and we agreed that the man should be enticed into a public-house while we drove off with the Van—I drove this van to Fife's house—he did not buy it, but he bought a pot of butter out of it—Fife declined to buy the flour, but he asked the man next door to buy it—there was a detective in Fife's house at the time—I asked Fife to buy it at eight p. m., and I was arrested at nine next morning—the policemen were not in Fife's house when he refused to buy, but a detective was—I know there was only one, as I had tea with him—if Fife had not given information I should not have been arrested, and I bear enmity against him—I was not put away innocent—I had four months, it was for 174 lbs. of wool out of the Albert Dock; I pleaded guilty; another man was with me—I did not round on him; it was Fardell's van, I was the carman—I had had three months before I went to Fardell's, for stealing a set of bagatelle balls; these convictions were proved against me when I had the eighteen months—I was discharged from Mr. Evans' for letting a man take a sack of corn, but I did not know he was stealing it—I did not know whether it was one of our men or not—it was not Fife—I saw this robbery of the silk on the 25th in Lloyd's Paper—I had not spoken to the police when Leyton spoke to me at 12. 15 on Sunday morning—I went to Mr. Evans between one and two—Leyton did not mention the loss of the silk—I think he asked me if I knew a place where he could get rid of some stuff, and I took him to
Fife—I did not then think that Leyton was a dishonest servant; I thought he was pumping me—I left Clayton and Murray's on the Satur day after Christmas—I have done one or two days' work since—I made a statement to Mr. Reed, and a fuller one to the Solicitor to the Treasury—Mr. Walter Evans gave me the piece of cloth which was shown as a sample, and I bought the diamond ring in a tobacconist's shop for six pence—I told Fife it was a sample of the jewellery from one of the cases going in a van through London—a man named Byart has been in my company at Fife's, but not while this matter was going on; the landlord of the Grasshopper has seen me drinking there three or four times—Taylor is the man all through who tempted me to do it—when Taylor came down and saw Fife, I did not say, "Have you been to see the squeeze this morning?" he said he could get Leyton some stuff at 2s. a yard—Leyton and I did not promise to buy the cloth—Fife asked me what was the matter, and I said that my friend and I had come by two rolls of silk, and asked Fife to buy them; that was my device and Leyton's—I did not hear that any person who gave information by which the silk was recovered would be £50 the better—I saw the police daily; they did not mention £50, or say that that reward was offered, but I thought I might get a little, I mean a little work; I would rather have work than money—I thought I might get some reward and work too—I had a week's notice to leave Clayton and Murray, and was looking out—that was partly the reason why I gave information to the police to ingratiate myself with them and Mr. Evans, and get a job—I told Mr. Evans and he told the police, that was the reason I gave information about Fife—when I was out of work I was at Fife's daily, but only three or four times in the two months since I have been out of prison—I spoke to Fife in a friendly way, and said, "Fife, you ought not to have put me away," although I had a grudge against him.
Cross-examined by MR. BLACK. Saunders was Fife's carman; Fife sent me there to get him to take a van away—he asked me, first, if it was a straightforward job—he was most anxious to find out whether it was an honest job; I suppose he thought it was a straight job done by thieving—a straight job is not a plant—Leyton and I spoke together in the bar of the Market House, but not loud—I only went outside once, and did not return—Leyton left with me after he had undertaken to drive this van—I gave information to Mr. Evans on the Sunday morning, me and Leyton suggested it together, we told him what we should do to try and fetch him the stuff which was lost; we told him about Saunders afterwards—I was not afraid of being arrested; I ran away so that they should not get hold of me, I was only afraid of being locked up all night—after I ran away, Mr. Reed and Mr. White saw me at Leman Street Station; we went there with a van-load of stuff, because I told Mr. Reed I would go—Leyton and I did not arrange what story we should tell to the police; but, of course, we mentioned what we had seen and done—I told the police I had been instrumental in getting a van from Carter, Paterson's; they did not put me under arrest, I had nothing to be arrested for—I asked for the way-bill to see what the van contained, and where it was consigned—I told Saunders it was a straight job—he said, "If it is not I will have your head off."
Cross-examined by MR. BURNIE. I have known Leyton 6 years and been friendly with him—I saw him after I came out of prison—he knew I had
had 18 months, and very lively he knew about my other convictions—when he asked if I could get rid of some stuff, I thought he was going to pump me about the silk robbery—I saw the man who was with Fife on Sunday morning and Monday evening, and gave a little idea of him to the police—I have seen him once since in the Mulberry Tree, Stepney, on the Tuesday and Wednesday, and I saw him on the Wednesday morning in a trap in Mile End Road—I am not certain whether I saw him at the Police-court; Leyton gave his evidence at the Police-court a week before me, and I did not hear it; I can't say whether he was in Court when I gave my evidence; Saunders gave us half-a-crown each outside the Market House.
Re-examined. After Leyton spoke to me on Sunday about getting rid of stuff, I saw Mr. Evans—when I spoke to Fife he said anything we got he would have off of us; that is why I went to his place—it was made for me by the police to run away when they came.
JOSEPH AVIS . I am a carman, and the father of the last witness—on Sunday morning, November 26th, about 11 o'clock, I was with him at the Bell coffee-shop looking at a newspaper—I had previously read some thing about silk having been stolen—I left my son for a moment or two speaking to Fife, who beckoned to him across the road as we came out—I went to my son, and Fife said, "What do you think of the squeeze?"—I said that I had just been reading about it—he said he had seen part of it and was just going down to have a look at it again, and asked my son to go with him—I left them and stood at the corner of the New Road—my son came to me and we walked home together, and on the road I met my carman Leyton, who is employed by Evans—I went home, and where my son and Leyton went I can't say—Fife said that he could get seven cases in, but not the others, as they were too large—they said they would give the carman £100 to let it go.
Cross-examined by MR. GEOGHEGAN. I was at work on the Saturday, Sunday, and Monday doing my horses—I read of the robbery in Satur day's paper, and thought it a very daring one—I know Evans—I did not hear the conversation between my son and Fife—I did not know what he meant by squeeze—I did not call my son away from him, he left Fife of his own accord—I did not talk with my son about the case; I did not want my name to be brought into it; I did not want to lose any time, my job was too valuable—Mr. White found me out, and a gentleman took down my evidence—I knew Fife before—I was an honest man for all he knew—he placed himself in the power of a person who had only been in his shop four or five times, and who might go round a corner and call a policeman.
JOHN LEYTON . I have been carman to Mr. Evans about four years—on Sunday, November 25, Avis spoke to me, and he and I went to Mr. Evans about three o'clock, and had some conversation with him—we saw him again about 4. 30, and went with him to Fife's coffee-shop between six and seven o'clock; Fife came and sat beside us, and said to Avis, "Who is this?"—Avis told him I was all right, I had two rolls of cloth to sell—he asked me how much weight there was, I said about 1 cwt. and 1/2 or 3/4—he asked for a sample, and I said I would get him one—Avis asked him whether he had seen the squeeze—Fife said that he had, and it was all right—I told him that the carmen got on all right, and got £100 a-piece—Fife asked where I worked; I told him at Carter, Paterson's
—he said that I ought to get some good stuff from there—I told him I got good stuff at times—he said any time I had a good load he would have it from me to the value of £5,000—I asked whether he would change one hale of the cloth to make my mistress a dress; he was to buy two rolls and sell it at 2s. a yard, I was to fetch him a sample in the morning—Fife said that the carman was in a coffee-shop, and there was a man there to give them £100 a-piece when the load had gone—I left shortly after that—I saw Fife again on the Monday morning at the Grasshopper; Avis was with me; he told me he had got a gold watch for £25—I had a sample of Melton with me, and told him we had sold one roll for £7; he asked me how much was in a roll, I said, "150 yards;" he said he would come and measure it, and if there were 150 he would buy it for £7 and take it away—I gave him the address where the cloth was—I heard Avis say, "Will he have a load from us?" and he told him he would have one at any time that I could get a good load—I saw him in Baker's Row the same night between 12. 30 and 1 a. m., but I was on the opposite side, and did not take part in the interview—I went to Carter, Paterson's on Wednesday, and got a horse and van and a load, and took it to Paul Street, Finsbury—I waited there some time, and had orders to drive it away—on Thursday, the 29th, at two o'clock, I went to the Market House public-house, and saw Saunders, Cook, and some more people—Cook paid for some drink; he had a handful of gold and silver—he said to Saunders, "Excuse me for breaking the conversation, but I should like to be at the meet"—Saunders said, "All right," and told us he drove away the silk all right, and if this was not a straight job he would have our heads off; ho said outside the public that he would meet Avis at the bottom of the City Road, and bring him to where I was, about 4. 30—some women were dancing there, and Saunders kissed the back of my hand and the back of Avis's hand, and said, "You want a good bit of stuff on the pavement at Christmas, and so do I"—I said, "Good-bye," and wont off to Carter, Paterson's—there was a horse and van there with a load; a boy was with me, and we drove the van to Paul Street, Fins bury, and got there about 4. 50, and waited till five o'clock, when Saunders and Avis came up, and we all three walked to the public-house round the corner, and had something to drink—when I came outside Saunders gave me half-a-crown—Avis was to go with him and get the money after he had seen it—Saunders told me not to have any money on me, but to go and get some tea, and he would settle afterwards—he had some gold, silver, and copper; he said if it was no a clean job on the silk he would shoot us; he had a revolver with him—I went away with the boy; I saw the van drive away; I did not see Cook.
Cross-examined by MR. GEOGHEGAN. I had no conversation with anyone or Mr. Evans about this—I did not read an account of this robbery in the newspapers—Avis said that he had seen Fife, who told him he had seen the squeeze; he did not tell me he had read it in a paper—I went to catch Fife; I invented all about the cloth, and Avis assisted me; he put in the finishing touches—I thought to trap Fife, and never thought that he would trap me—I did not know that there was a bit of money coming from Mr. Evans, nor did I think that if my plant succeeded he would recognise my ingenuity—I went to Fife's shop with a cock-and-bull story about cloth to sell, and he agreed to buy it at once—I know that he had had eighteen months' hard labour —it was I who proposed to bring him the
sample—he assented to everything I said—I saw the police first on the Sunday night after I came from Fife's—I saw Inspector Reed—I told them the plot about the Melton cloth—they did not tell me that any person who was instrumental in recovering the silk might get £50—this is the first time I have heard of £50—I did not see any silk at Fife's place—I represented myself as a dishonest servant of Carter, Paterson, and Co.; I was to bring the cloth, and he was to give me the silk—I did not know that a reward was offered when Carter, Paterson's van was stolen.
Cross-examined by MR. BLACK. The public-house was full, and dancing was going on—Saunders kissed my hand, and a woman caught hold of my hand and danced with me; that was only a joke—Saunders presented a revolver at me, I do not know that I have mentioned that before, that is what he was going to have our heads off with; Avis saw it, it was pre sented at him also—when the van was given up I took the bag round the corner and sent him back to Carter, Paterson's—I had arranged beforehand with my employers that I was to do this—I had only seen Avis twice, and never before the Sunday; I had one conversation with him on the Sunday about what I was going to do.
Cross-examined by MR. BURNIE. I gave evidence a week before Avis—I was in Court when he was examined, and heard his evidence—Cook came into the Market Tavern on the Thursday when I was there; he did not come out with me, but he had come out when the arrangement was made about going to the City Road at 4. 15—if I told the Magistrate that he was not there, perhaps I did not think—I remember better now than I did then—when my depositions were read over I did not notice that there was not a word about the half-crown outside the Market Tavern Cook was dressed in a wool jacket.
EDMOND REED (Detective Inspector H). I am stationed at Leman Street—on Saturday, November 24th, I received information about 11. 30 a. m. from Mr. Walter Evans and his father, and on Sunday at 9. 10 I saw Leyton and gave him instructions, and on Monday morning I met Leyton and Avis at Mr. Evans's office, and gave them further in structions—next day I met them at different times, and on Wednesday, about eleven, I saw Avis speaking to Fife in Baker Street, Whitechapel—on Thursday I saw Saunders in Paul Street, Finsbury—he seemed to be with other people, who went away, and he spoke to Leyton—I saw one of Carter, Paterson's vans outside the public-house, and a boy with it—Saunders and Leyton came, the boy got off; Saunders got in front and Avis at the back, and Saunders drove away—I was with White and Dalbin and Mr. Walter Evans in another van—we followed the van through several streets till it stopped in Hoxton—I got out and passed Saunders and Avis, and heard one say to the other, "Don't be long"—Saunders got on the van again; Avis got on the back, and they drove on—I followed them to a stable, my van drove by; I stopped and got into some gardens of the Board school, and saw Saunders commencing to unload the van, and a goat ran out—I got back to my van, called the officers, ran to the stable, and seized Saunders, who had his coat and hat off—I told Sergeant White to arrest him—two or three packages had been taken from the van and deposited in the first stall—I searched the stable, and found six packs of wood turnery, two lodgers (printed in Russian), and one bottle of preserves—
Cook came into the stable and said, "Who let my goat out?"I said "Is this your stable?" he said, "Yes, and everything in it;"I said, "Then you will be arrested for having stolen property;" he said, "That is a nice thing, is not it? I let part of my stable to a scamp, and I know nothing of this property;"I said, "Never mind about this property, this is not stolen, it is only lent"—I handed him over to two constables, and went round the comer to Cook's shop in Crocker Street, and found in the passage one seal dolman, one seal jacket, two pieces of plush, three pieces of velvet, one roll of silk, eleven boys' suits, one portmanteau, one leather trunk, two carriage lamps, and twenty-five brushes; they appeared to have been just thrown in—I went into the workshop and saw Dodd; I spoke to him, and he gave me this purse, containing £36 in gold, and a £10 note—he told me something, and I directed him to be taken to the station—this watch and chain and two keys were taken from Dodd, and 204 skins of leather from his workshop—I searched Cook's house, No. 8, opposite, and in the top room back, the door of which I forced, I found twenty-four boxes of velvet and plush, which are identified as stolen from the van, seven boxes of lace and embroidery, one box of satin, one box of mantle trimmings, two pieces of silk, 81 rolls of silk, 380 parcel carriers, and one curtain—in the back kitchen I found fourteen butts of leather, and four bundles of leather; and in the shop I found two merino boots, some shoes, four ladies' dresses, five sacks of harness, three pairs of carriage lamps, one pair of scales, six weights, three cards of lace, three pairs of boots, and a dress; and in a bedroom on the first floor two ladies' jackets, three dolmans, two pairs of trousers, one vest, two boys' suits, four pieces of baize, one muff, two coats, a dressing-gown, seventy-two cashmere uppers, and a silk skirt—I found in the pocket of one of the skirts £2 12s. 6d., and two rolls of canvas lining—in the shop I found two horsewhips—I took the property in a van to Kings land Road Police-station, and found Cook, Dodd, and Saunders in custody—I said to Cook, "I have searched your house and found what I have been looking for, a quantity of silk and velvet stolen from Mr. Evans last Friday night"—he said, "My God! that is a nice thing, I let these two top rooms to a man some weeks ago, and I had no idea what he had got there"—I said, "That you will have to prove"—these three pieces of velvet have been, identified; I found them in Dodd's shop thrown into the passage behind the door; Mr. Nalland has identified them—the property and the prisoners were conveyed to Leman Street station—I went to Fife's house, Baker's Row, about one a.m on Friday; I knocked at the door twice, a voice said, "Who is there? "Isaid, "All right, Harry, open the door, quick"—Fife opened the door, and I said, "Police,' and desired Dalbin to take him in custody—I searched the place and found three new carpet mats, a sealskin bag, a leather bag, and a piece of plush which has not been identified—he was taken to the station, and they were all four charged—I received this watch from Mr. Keppel.
Cross-examined by MR. GEOGHEGAN. The plush is only about a yard long—I do not know that on the night the van was stolen Fife was in the station charging a man with being the Whitechapel murderer, but I can find out before this case is finished—something was said by Mr. Evans about a reward of £50, and I said, "No, don't you do it."
Cross-examined. I arrested Dodd and handed him to Sergeant White—I don't know that he is a carman—he was helping himself to the contents of the van when I saw him—it was his duty as driver to unload the van, but he was not in regular employment as driver—the stables were not his.
Re-examined, When Fife was charged the date was mentioned—he has never since suggested that at the time the theft took place he was at the police-station charging a person with murder—Saunders was not in Carter, Paterson's employ on the day the van was taken away.
Cross-examined by MR. GEOOHEGAN. Conter and I work together round Whitechapel—no one asked me to come here to-day; I am here in another case—I was at the station a month ago, when fife came in with two men, one of whom Fife pointed out as having acted very suspiciously, and he was charged with behaving in such a strange manner that Dew thought he might be the Whitechapel murderer—he was brought in between seven and eight, and was there half-an-hour—the Police-station is three-quarters of a mile, from Baker's Row—he was detained, and afterwards discharged on the ground that he was suffering from religious mania—Fife was, I believe, not present when he was discharged—Fife said that he had followed him for some time, or "a long time"—it may have been after eight o'clock when Fife left—it is five or six weeks ago—I made a note, and can refer to it, but my diary is at the station—Fife would not have been in the station on the night of his arrest—after they were arrested I knew that this was en or about November 23rd, but I did not turn to my diary to see whether White was there that day.
Re-examined. I don't remember on what day of the week Fife gave information.
FREDERICK KIPPING . I keep the Grasshopper public-house—I re member Fife coming in, but can't recollect date—he showed me a pawn ticket for a gold watch, and said he could not afford to take it out, and it was worth having, and would I buy the ticket—I gave him £7; £1 was for the ticket, and £6 to get the watch out—I gave the watch to Inspector Reed.
Cross-examined. I went with Fife to the pawnbroker when the watch was redeemed—no one was with him when I bought it—it was a week before I heard he was taken.
STEPHEN WHITE (Police Sergeant H). On November 29th I was with Inspector Reed, and took Saunders—he said, "I know nothing of this; a man asked me to lend him a hand to unload the van; I know nothing of this nor yet of the cloth"—I also took Dodd.
Cross-examined by MR. BURNIE. I produce a bank book in the name of Mr. Falkner, commencing rent with Mrs. Hitchin at 3s. 6d. a week.
CHARLES DALBIN (Detective H). I was with Inspector Reed, and took Fife—I told him the charge; he said, "You have made a great mistake this time; whoever gave you this information is wrong"—going to the station he said, "If I had known you had been there I should not have been here."
Cross-examined by MR. GEOGHEGAN. He was not in his night-shirt, but he looked as if he had been in bed—I said at the Police-court, he said, "If I had known you had been at the door I should not have been
down here; I understood him to mean down stairs"—I understood him to mean that he would have bolted.
CHARLES PARKER . I work for Mr. Dodd, of 7, Cropley Street, New North Road—on 29th November, at four o'clock, Mr. Cook came, and said, "Where is Mr. Dodd?"—I said, "Upstairs at tea"—he said, "Oh," and went out, and returned in a minute, threw some parcels into the shop passage, and went out and brought some more, threw them into the same place, and went out again, and two minutes after, two policemen had got him at the door—nothing was said in the passage—Mr. Cook gave me some papers, and said, "Take this and give it to Mr. Dodd."
Cross-examined by MR. BURNIE. I am aware that there is a partnership between Cook and Dodd.
RUTH HANNAH DAMON . I am a widow, and live at 58, Herbert Street, New North Road, and own a stable at 22, Church Street, which I let to the prisoner Cook, who called himself Dodd, at 6s. a week—I never saw Dodd in the transaction, and had no knowledge of the stable being sub let—I received the rent from Cook.
GEORGE CARTER . I live at 102, Goldsmith's Row, Hackney—on November 8 I had seventy-two pairs of unmade boots, called "Uppers," on my barrow, six dozen of which were cashmere—I went into a beer house, and when I came out I missed these cashmere "uppers" (produced), which I identify by the stamp inside—I had to pay 75s. for them.
Cross-examined by MR. BLACK. Four or five other persons received "uppers" with the same stamp.
JOHN FRYER . I am porter to Mr. Stokes, of Birmingham—on November 15, 1888, I was engaged by him to wheel a barrow loaded with two leather trunks and a wooden case—I delivered the case, and on my return I missed the barrow and trunk, which contained brushes—I have seen them since, and identified them.
ROBERT LOCK . I am a master carman, of 1, Myrtle Street, Hoxton, working for Mr. Kent—on November 20 I instructed Badham to fetch two cases, and call on his way back at Leadenhall Street, and at 6 p. m. he had to go to Fenchurch Street to deliver a case—I did not see him till 9 p. m., when he had a conversation with me.
CHARLES BADHAM . I am carman to Mr. Lock—on November 20th I cleared two cases from St. Katharine's Docks, which I was to deliver in Queen Victoria Street, and two casks for Maxim, which were going to Hoxton—I left my van at 102, Fenchurch Street to deliver something, and when I came back it was gone, and the two cases and two casks, and one case of preserves.
RICHARD WAKEFIELD HARRISON . I am clerk to Maxim and Co., wood turners and importers—there are not above two firms in London who in port woodwork—I expected some goods from Lura, of Austria, on November 20th, but they did not come—this is the invoice describing them, and a section is drawn on it—they were to come through Elphin, the carrier to St. Katharine's Docks.
Tuesday, January 15th. HENRY DACRES. I am traveller to James White, of 24, Old Change
agent to Mann and Byers, of Glasgow—on 17th November I delivered three parcels to Yates, each containing twelve boys' Norfolk suits, and one parcel containing brooches—this is the consignment note—the police have shown me twelve suits—this is one (produced).
WILLIAM YATES . I am carman to the Midland Railway Company—on 27th November I received twelve parcels from Dacres, to deliver at the Midland Railway Goods Station to go to Glasgow—I had to call at different places, and on coming out of one I missed the parcel consigned to Mann and Byers—this is the consignment note.
AUGUSTUS HENRY WALTER SCRIVEN . I am continental checker at Blackfriars Station, London, Chatham, and Dover Railway—on November 23rd Lea brought me this document, and I loaded into his van the cases bearing these names and letters—this is my checking by the side.
Cross-examined by MR. GEOGHEGAN. Lea presented the order about 4 o'clock—he remained there about an hour and a half before the van was loaded—I loaded Everett's van that afternoon, another of Mr. Evans' carmen—I think he came after six, and that his van was loaded between five and six.
WALTER BACH (Police-Inspector H). Cross-examined by MR. GEOGHEGAN. I was on duty in the charge room on November 23rd—it is my duty to enter in the occurrence-book the particulars of the visits of persons who come to the station—this entry is my writing. (This stated that on November 23rd at 6. 45 a man was brought to the station by the police who was supposed from his conduct in the street to be the Whitechapel murderer, and that the prisoner Fife came to the station to charge him)—there is not a doubt that Fife came to the station to give information—this was written down from information partly from Fife and partly from Skeete, and from the constable too.
E. REED (Re-examined). The Treasury was not represented by a solicitor at first at the Police-court, but at the committal they were—the first evidence was only sufficient to grant a remand—at the close of the trial Mr. Lushington declined to accept bail except for Dodd—the other prisoners except Saunders were represented by solicitors—they reserved their defences.
Witnesses for Cook,
MR. ROUSE. I am a boot and shoe dealer, of Russia Lane, Old Ford—I do not know Cook, but I have been in the habit of serving Mrs. Hitchings, of 7 or 8, Cropley Street, a wardrobe shop; I called there about once a week, but never saw a man there, my transactions were always with her, and as far as I know she was carrying on the business—the last payment I took from her was November 18, but I went there after that on a Friday at the end of November—she said, "I cannot buy any thing to-day, I am in a bit of trouble"—I said, "What is the matter?"—she said, "I have been buying a parcel of things, and I am afraid I have got my Tom into trouble"—that was the first time—I had heard of 'Tom—I called the next week, and found she was dead.
Cross-examined. She did not say what sort of things she bought—I sold her boots for cash; and no name was exchanged—I knew her as Mrs. Hitchings, not Mrs. Cook—she did not show me any of the things she bought—I sold her all new boots, principally children's; I have been dealing there three or four months—she did not tell me she had had a con venation with Inspector Reed that day.
Evidence in reply.
EDMOND REED (Re-examined). On Thursday, the 29th, I had a con versation with Mrs. Hitchings—I knew her as Mrs. Cook—she has been living with Cook for some months—the shop-window was filled with second-hand clothes, worth about £2—bird-cages were ranged all round the shop—there were no men's boots, and nothing worth carrying away—it is said that this case frightened her to death—she is said to have paid rent for No. 8; that is Cook's shop—there were no new things, they were all second-hand—I asked her whether she was Mrs. Cook; she said, "Yes"—I sent Cook on to the station, and said, "I am going to search your place"—she said, "You will find nothing down here; I am very glad it has come to this, for I am tired of it; you had better go upstairs, you will find something there"—she rendered me every assistance in searching the house—she did not mention anybody but Cook—she went all over the house with me—I asked her for the key of the back room, which was looked; she said she had not got it—I forced it open, and with that she went downstairs—all the silk was found in that room; we had a van-load of silk and satin, and two-van loads of stolen property altogether, value about £2,000.
Evidence for Cook continued.
FRANK SKIELS . I am a shoemaker, of 52, Mansford Street, Hackney Road—on November 23rd I was at Fife's coffee-house, and about 6 o'clock a man came in and asked Fife to cook him a piece of meat—he said, "Certainly," and asked him if he had got the meat with him; and he acted in such a suspicious manner that I followed him out, and Fife followed me, and went up to him in Dorset Street and gave him in charge, and we all went to Commercial Street Police-station; it was then about 7. 30—the charge was preferred against him, and he was detained till inquiries were made—I don't know whether he was liberated at 8. 30, but we left about 8. 30—I will swear that from 6. 30 to 8. 30 Fife was in my company—when I went to the station I gave my name and address to the Inspector—on Sunday, November 25, I called at Fife's coffee-shop, and he and I walked to the Greyhound, Lea Bridge Road, that is three and a half miles—we intended to go to the Pike and Anchor, Ponder's End, because Fife had a little dog he wanted to sell—we got to the Greyhound about five o'clock, and stayed there till six—we were bona fide travellers—we then left and went to the White Hart, opposite the Pond at Clapton, and remained there about an hour—I did not go back with Fife, I left him in the Sir Walter Scott, Hackney about a mile from his coffee-house—I was in his company from 3. 30 to 8. 15—I never saw Avis or Layton.
Cross-examined. I have only seen them at the Police-court—I was not in Fife's company till 3. 30.
SUSAN TEAR . I am the wife of George Tear, a laster, of 58, Warner Place, Hackney Road—on November 25th I called at Fife's coffee-shop and saw Mrs. Fife, and remained with her till 10. 30—Fife came in about 9. 45 or 10 o'clock—while I was with Mrs. Fife, Avis called with another man and asked her if the governor was in; she said, "No; he will not be in till late"—he said, "Never mind; I will see him in the morning."
ALFRRD FISH . I am a cooper, of 164, Lansdown Road, Hackney—on Sunday, November 25th, at 5 o'clock, I was in Fife's coffee-house; it opens at 4. 30 or 5—I stayed till about 6. 15, during which time one or
two persons called—Avis came at 5. 30, and called for two cups of tea; and when Mrs. Fife served him he said, "Will you tell the governor I want him, please"—she said, "He is not in"—he said, "What time will he be in?"—she said, "He has gone out with two friends, and I do not expect him home till late"—he said, "I will call in the morning"—another young fellow was with him.
Cross-examined. I have known Fife four months—I heard on the Friday that he was in custody—I saw this case in the newspapers, and took some interest in it as I knew him—he was not a friend of mine—I was at the Police-court on the second and third hearing, and when they were committed for trial I was outside.
Re-examined. I was there if the solicitor for the defence wanted to call me—I only knew him and her by using the coffee-house.
CHARLES FLOWERS . I am a cabinetmaker, of 9, Andover Street, Holloway—on Sunday morning, November 25th, about 12. 15, I called on Fife, and went with him to the New Road to see some fowls—there were two men there; I don't know who—they called out to Fife,"Harry," and they went into the middle of the road; I walked on and did not hear what took place.
Crass-examined. They were an old man and a young man—I do not know their names—I was walking along; they were on the opposite side and crossed over—Fife joined me again afterwards.
MR. BURNIE submitted that the case ought not to go to the Jury, on the ground that evidence had been given of a receiving subsequent to that charged in the indictment, in which MR. GEOGHEGAN and MR. BLACK joined. MR. MEAD contended that the evidence of the two receivings was inseparable. The COMMON SERJEANT decided that the case must go to the Jury, and, after con sulting the RECORDER, refused to reserve a case.— GUILTY . SAUNDERS then PLEADED GUILTY to a conviction of felony at this Court in May, 1882, and COOK to one at Clerkenwell in July, 1876. Inspector Reed stated that during the two and a half years he had been at the East-end Fife's name had been mentioned to him as a receiver of stolen property.— FIFE — Five Years' Penal Servitude. SAUNDERS* — Seven Years' Penal Servitude. COOK— Ten Years' Penal Servitude.
The Grand Jury, the Court and the Jury highly commended the conduct of Inspector Reed, and Sergeants White and Dolman.
NOT GUILTY .
OLD COURT.—Wednesday, January 16th, 1889.
Before Mr. Common Serjeant.
MR. TURRELL Prosecuted; MR. PURCELL Defended Wright, and MR. HUTTON Bowden.
I turned round and saw the three prisoners and a man named Stacey, who is not here—Wright struck me behind my ear, the other three rushed at me at the same time, and knocked me down, and Wright commenced rifling my pockets—I put my hand on my waistcoat pocket, where I had 14s. or 15s.—Bowden and Wright wrenched my hand away and my waistcoat pocket off, and opened my hand—they held me down, and Stacey knelt on my feet—Wright tried to put his hand in my pocket, but I kept on my side for some time—Bowden and Wright hit me, and then Wright succeeded in getting his hand into my trousers pocket, and taking 2s., which was all I had there—I had 18d. in my left pocket, but they had not time to take that—a constable in plain clothes came up while Wright was on me, and caught him—he ran away a few yards, but the constable took him and blew his whistle—I was lying on the ground—I lost 16s. 6d.—I went to the police-station on 26th December, and identified Bowden from among nine men, and on the 27th I identified Shuttle worth from among fifteen.
Cross-examined by MR. PURCELL. I had often seen Wright before, about Somers Town—I have been a railway servant fourteen years, and have been in the police—there were the usual quantity of lights in the road—the whole affair was almost momentary—I am quite certain Wright is one of the men who attacked me.
Cross-examined by MR. HUTTON. Bowden was arrested next day; he and Shuttleworth are the men who kicked me—I told the Magistrate I was kicked on my side by the prisoners, but I don't think I mentioned their names—I cannot say whether I told the policeman I had been kicked, but I believe I told the inspector when he took the charge, and the constable was there—the kicking was on my hip; I could not lie on that side for a week—when I got up, all had gone except Wright.
Cross-examined by Shuttleworth. You were one of the men who held me down—I did not say before the Magistrate that you were one of these who were looking on—I did not tell your parents that I could not swear to you, I told your mother I was very sorry for her trouble, and I gave her a drink on Monday—I have known her a number of years.
Re-examined. Wright was not drunk—I have not known Shuttle worth's family, only his mother, but I have seen him at Euston station.
FREDERICK COLLINS (Policeman Y 380). On 23rd December I was on duty in plain clothes in Euston Road—I saw the prisoners with a man not in custody, loitering—I watched them; they had a consultation—Wright went up to and knocked Casey down and the other three pounced upon him—I ran across the road and saw Wright rifling Casey's pockets—I pulled him off by his scarf—the others ran away—I told Wright I was a police officer—he said, "You are no b—teck, it has nothing to do with you, give a man a chance to get away"—I said, "I am a police officer"—he said, "If you are, if you don't let me go I will knock your b—f—brains out"—I threw him on the ground—he was very violent—I caught him by the trousers leg, it broke away from the top and he got away; I caught him by the coat sleeve and it came out; I caught him by the waistcoat and it ripped up, and he ran about ten yards—I ran after him and pushed him in the back of the neck; he fell on his face; I fell on him, held him down, blew my whistle; assistance came, and he was overpowered, and said he would go quietly—when he got on his feet he threw something from his right
hand, I heard the chink—with the assistance of Police-constable 334 I picked up 9s. 8d.—I took Wright to Casey, who said he was one of the men who knocked him down—on the way to the station he was very violent—when charged he said he knew nothing about it, but he should make me pay for tearing his clothes—about 2. 30 p. m. I was on duty in plain clothes with McMullen—I saw Bowden outside King's Cross Station, at the corner of York Road—I told him I was going to take him for highway robbery with violence on Sunday evening—he made to run away—I caught him by the scarf—he kicked me several times on the leg—I took him to the station—on the way be said, "You would not have known of this if some—had not put me away; some dirty dog has done it"—when charged he said he knew nothing about it—he was identified from eight or nine others by Casey and a uniform man—on Thursday, about 8. 15 p. m., I was on duty in plain clothes with McMullen, and saw Shuttleworth at the corner of Drummond and Seymour Streets—I said, "I am going to take you for highway robbery on Sunday night"—he said he knew nothing about it—on the way to the station he said, "I was at the Hit and Miss public-house, Church way; I left there at eleven o'clock, and went through Churchway to Euston Road; I had a cup of coffee at the coffee-stall; I then got into a 'bus and rode to King's Cross, and was home shortly after twelve"—it is 300 or 400 yards from King's Cross to where the robbery took place—he could have taken a 'bus to Copenhagen Street—I saw the prisoners loitering about 11. 10 p. m., and the robbery was about 11. 30—I saw Wright strike Casey—I followed them because I knew them—on the way to the station Shuttleworth tried to slip his coat—at the station 4s. 3d., a knife, and a key were found on him—I was present when Casey identified him—nothing was found on Bowden.
Cross-examined by MR. PURCELL. I followed the prisoners on the opposite side of the road—when I saw them first they were on the same side—I was in front of them—they turned down the Midland Road, away from me—I was about twenty yards off—there is electric light there—Casey was knocked down about 150 or 200 yards down the Midland Road—I was twenty to thirty yards behind—Wright ran thirty yards before he was overpowered—the spot was desolate—Wright was sober—I did not smell him—he did not appear to have been drinking—he was like a mad man when he found he was overpowered—his brother was at the Police court.
Cross-examined by MR. HUTTTON. I could not hold more than one—another constable walked about ten yards from me and Bowden on the way to the station—he came to my assistance when I was being kicked—he assisted in taking Bowden—I charged Bowden with assaulting me in the execution of my duty—that charge was heard before the Magistrate—he was not committed on that, because the Magistrate decided to commit on the more serious one of highway robbery—I have been a constable four and a half years—I had several marks—I did not show them to a doctor.
Cross-examined by Shuttleworth. I am positive you were one of the four men—I did not take you before because I did not see you—I did not pass you a second time—I did stand and talk with the other officer before taking you—I did not tell Casey I went by the trousers and boots—I did not go to your house, because I did not expect to find you there—I had been looking for you since the Sunday night.
Re-examined. I knew Bowden previously.
JAMES LAMBERT (Policeman Y 334). On 23rd December I was on duty; I heard a whistle about 11. 20 p. m.—I ran down the Midland Road, and saw Wright and a constable on the ground—I had seen the other prisoners with Wright about 11. 5 p. m., at the top end of the Midland Road—I assisted Collins—we overpowered Wright, and his coat-sleeves and trousers were torn—when he got up he threw some money from his right hand—9s. 8d. was picked up—on the way to the station Wright was very violent—I afterwards identified Bowden from eight or nine, on December 24th, as the man I saw with Wright just before the robbery—I also identified Shuttleworth.
Cross-examined by MR. PURCELL. The prisoners passed me at the corner of the Midland Road—I was in uniform, about six or seven yards off, on the same side—I had seen Wright about 200 yards from where the prosecutor was knocked down—there is an archway near, and some coal vans—Casey was lying on the side of the pavement near—the road is rather dark—there is no electric light near the archway—Wright and Collins were struggling twenty or thirty yards from where he was lying—Wright was taken, and did not get away—he was very violent on the way to the station—he said, "Let me go"—I did not hear him say "I know nothing about it"—he complained about his clothes being torn—he kicked and tried to get away—a third constable assisted.
Cross-examined by MR. HUTTON. I was not with Collins when Bowden was arrested—I know him by sight—I saw him near the robbery some minutes before.
Cross-examined by Shuttleworth. Wright said he was with his three brothers—you were not standing behind a desk when I identified you—I saw you with fifteen others.
By MR. PURCELL. He said at the station he had been out that evening with his three brothers—these men are not his brothers.
Re-examined. The electric light is a long way from the place of robbery.
The Prisoners' statements before the Magistrate. Wright says, "I was drunk". Bowden says, "I am innocent, I was in bed at the time." Shuttleworth says, "I was in the Hit and Miss beer-shop till eleven o'clock that night, and then went down Churchway and to a coffee-stall in Seymour Street, and there I got in a 'bus to the Cross, and was home soon after twelve—the chap that was with me is here now."
Witness for Wright.
JOHN WRIGHT . I am Wright's brother—I am a porter at a college in Gordon Square, where I have been employed six years—my brother has been travelling for Mr. John Bell, a woollen merchant, who has been here to give evidence of his character—he has employed him five years—my brother bears a good character—on the night of this robbery I was in his company from ten to 10. 45 p. m.; he was very drunk—we were four out of seven brothers in our family together, John, Henry, Arthur, and Charles—we were going to spend Christmas at my brother's house, which is in a line with the Midland Road—I was with Charles at the Skinner's Arms in Judd Street; we had been drinking together; making Christmas—when I left Charles he went straight down the Midland Road—he lived at a lodging house—he was unmarried—he lived with us till six or seven years ago, when our
family got too large—when I left him he went towards his lodging, near Battle Bridge, at the bottom of the Midland Road—there are arches crossing over the road and facing Battle Bridge—the road is dark, with no shops and houses to light the street—my brother has also worked for the principal of the college at Byng Place, where I am employed, and I have a letter from that lady.
Cross-examined. I was not called at either of the three remands before the Magistrate—I heard of his being charged the following Monday night—my brother was employed by Mr. Bell up to about a month before Christmas—he was a carrier for King, of Leighton Buzzard, for a little over five years, but lost that through drink—he used to work round the railway-station at Euston, and carry for travellers—he was so drunk this night he could hardly stand—he was discharged from Mr. Bell's service.
Re-examined. Mr. Bell is a woollen merchant in Scotland, and employs my brother to carry goods when he comes to London—he sends a post card to my place—my brother was represented by a solicitor at the Police court, and the matter being left in his hands I was not called—he was working for me in the evening from five to nine for seven weeks up to a week before Christmas, and on Friday and Saturday and Wednesdays sometimes in the day time—I could not say what he was doing the other time—my brothers got to King's Road about 10. 45, and left me about 11. 55—he had been drinking with them before ten o'clock.
Witness for Bowden,
WILLIAM BOWDEN . I live at 128, York Road, King's Cross—I am a carman, and Bowden's brother; I live with him—on Sunday night, 23rd December, I was in my kitchen—my brother brought me some clean socks when I was lying down about 7 p. m.—he sleeps on the ground floor—I gave him some money to get tea—I heard him go into his room—I did not hear him come out—if he had come out I should have heard the door shut—I saw him the next morning.
Cross-examined, After 8 p. m. I was at the Prince Arthur, Frederick Street—I got up when my brother brought the socks up—Wright sleeps in the same house as Bowden.
Re-examined. I came back at 11. 15—the house is a lodging-house—about twenty-five men sleep there.
Witnesses for Shuttleworth.
WILLIAM HALPIN SHUTTLEWORTH . I am a printer, of 3, Elizabeth Place, Churchway, Somers Town—on Sunday night, 23rd December, I was with him at 10. 30 p. m.—we went to the Hit and Miss beer-shop, and stayed till eleven—we came out and talked to a girl till it was turned 11. 30—then we went to Lancing Street, Seymour Street, and stopped at a coffee-stall till 11. 50, when he jumped on a 'bus and said, "Good night."
Cross-examined. The Hit and Miss public-house is about five minutes' walk from the Midland Road—the clock was striking half-past eleven before we attempted to go away from Churchway—we stood outside the Hit and Miss conversing for half an hour—I heard the St. Pancras clock strike—I am not any relation to the prisoner—he lives at 2, Henry Place, Barnsbury.
Sunday night from 10. 30 till 11—we came out and talked to a girl till 11. 30, and several more beside—I said, "Good night; I've got to be at work in the morning, and it's gone half-past eleven," and it must have been 11. 35 when I left the prisoner to go to Lancing Street.
Cross-examined. I was not called before the Magistrate—I was subpœnaed to this Court by Shuttleworth—I heard the clock strike 11. 30.
FREDERICK GEORGE PASSMORE . I live at 8, Welby Street, Seymour Street, Euston Square—I work for my father, a portmanteau maker—I saw you standing at the corner of Drummond Street about 8. 15—two officers passed us twice; they were making a plan—I was standing close against them, and heard the two gentlemen talking—I did not hear quite what they said—you did not try to escape when arrested—I followed—at the station one gentleman hit you in the face with his fist and across the knee with a stick.
Cross-examined. I see the two gentlemen in the Court; I refer to the policemen—they were in plain clothes.
Shuttleworth, in his defence, declared his innocence, which Wright could prove, as it was Wright's brothers who were with him and not he.
ALL GUILTY .—BOWDEN and SHUTTLEWORTH then PLEADED GUILTY to having been before convicted.— Twelve Months' Hard Labour each.
MR. TURRELL Prosecuted; MR. GEOGHEGAN Defended. In the absence of the Clerk, who took the prisoner's statement upon which the perjury was alleged, a verdict of
NOT GUILTY was taken.
MR. POULDEN Prosecuted; MR. KEITH FRITH Defended.
ADAM MILLER . I am an engineer, of 16, Arbour Square, Stepney—on Monday, 10th December, about half-past 9 p. m., I was in Nassau Street, Ratcliff, alone—I was seized from behind by one man, and my arms were bent back; one came to the side of me, and the prisoner came in front and rifled my trousers pockets, taking a purse containing £4 and a bunch of keys; the one at the side took my watch and chain—the lamp shone on the prisoner's features; his face was the only one I saw—they ran away—I immediately went to Arbour Square, and gave a description of the one I saw, and the constable arrested the prisoner from that description—I went to the station in King David Lane, and saw seven men, and pointed out the prisoner as the man who ribbed me.
Cross-examined. Some of the seven men were older and some younger than the prisoner—I would not swear that I did not walk up and down the room twice before I pointed him out—he said I had made a mistake, and he could prove where he was last night; he said he could prove an alibi—nothing was said by the constables to guide me.
JOSEPH SOPER (Policeman E R 32). On 10th December, about twelve at night, I received information and a description, in consequence of which I went with Constable King to 5, Smith's Place, Garden Street, Stepney—I waited outside a little time—I heard some talking inside—a woman said, "Give me some more money"—I heard the prisoner's voice say, "What have you done with the £2 I gave you out of the £4 10s. I
had out of the poke?"—that means a purse—the woman made a beastly answer, and came and opened the door, and King and I rushed in, when I saw the prisoner, and took him into custody—I said, "You will be charged with being concerned with others in robbing a man of his watch and some money last night"—he commenced struggling very violently, and the woman caught hold of him, and said, "You won't take him"—he got his hand in his trousers pocket, and pulled it out very suddenly, struggling very much with the woman; King blew his whistle—assistance came, and we got him to the station—while in the house he said, "You b——, let me go," and he took up the water-jug, and was in the act to throw it, but he did not—the woman came to the station, and shouted out, "It's all right, Jim; cheer up; they have not got it"—he was afterwards placed with seven others, and identified by the prosecutor—that same evening, about 9. 15, I was in the Commercial Road, and saw the prisoner and two others going eastward; that would be in the direction of Nassau Street, about five minutes' walk further on.
Cross-examined. The prisoner told me he had some injuries which the girl Nell gave him—he complained of that when I took him into custody—he did not show me a certificate from the London Hospital.
FREDERICK KING (Policeman H 207). I went with Soper to 5, Smith's Place—I heard a woman say, "Give me more money;" the man said "What have you done with the £2 I gave you out of the £4 10s. I had out of the poke?"—they quarrelled, and the woman made use of a beastly expression to him, and he said something about a coat—the door was then opened, and we went in and took the prisoner—there was some struggle—I had to blow my whistle to get assistance—I searched him at the station, and found on him £2 in gold, 10s. 6d. in silver, three halfpence, and a duplicate for a pair of boots.
Witnesses for the Defence.
EDWARD CARTER . I am manager of the Earl of Warwick public-house, Whitechapel Road—on the night of 20th December the prisoner came in there about 8 o'clock—I cannot say when he left, but during the evening I saw him there three or four times—I know I saw him there from 12 to half-past, closing time, but I could not say as to any other time—he asked me to change some silver, and I gave him gold for it—he said he had had a gathering, and he did not want to take it home as he had it then, in silver and copper—I had seen him previously with his arm in a sling and his head bandaged—I think it was on the Friday or Saturday before—he had not the full use of his arms, he had been attending the London Hospital—he complained of suffering from a lacerated scalp, and his arm, being unable to do anything—he asked me for a bottle to get medicine in at the hospital—that was about a fortnight before.
Cross-examined. He told me the injury occurred by getting in a row and being stabbed—he did not say by whom—I do not know Nassau Street.
ELLEN CARTER . I live at 5, Smith's Place, Stepney—I have been living with the prisoner—he had been attending at the London Hospital for a lacerated scalp and arm, and a out in the shoulder; he could not use his arm—I had to wash him till the last day or two—I have been to the hospital, and seen Dr. Davey—on 10th December he went out in the morning and came home about five and had tea—he asked me if I would go with him to the Earl of Warwick to meet some friends—I went with
him about eight, we met a young blacksmith he called Bill, and he gave him some money he had collected for him on account of his injuries—he asked him to have a drink, and he came with us and stopped there till just upon shutting-up time—he asked Mr. Carter to gave him change with two sovereigns, which he did, and we went home; and as I was going to dress his arm we heard a noise, and the two policemen rushed in—we had used no such words at the house—it is quite false what the policemen said at the Police-court.
Cross-examined. His arm got injured in a quarrel at the docks, and his wife cut him—if anyone says they saw him in Commercial Road at halfpast nine on the 10th, it is a mistake—I never said, "It is all right, Jim, they have not got it"—the police said they would make it as hot as they could for him.
JOSEPH SOPER (Re-examined). I should say it is about a quarter of a mile from the Earl of Warwick to Ratcliff Cross, and at the outside half a mile—I could do it easily in ten minutes or a quarter of an hour.
NOT GUILTY .
OLD COURT.—Thursday, January 17th, 1889.
Before Mr. Recorder,
MR. HUTTON Prosecuted; MR. PURCELL Defended Jones, and MR. K. FRITH
James Macdonald was called on his recognisances, but did not answer.
JAMES DALE (Policeman G 153), About 2 a. m. on 19th December I was on duty in Rivington Street, Shoreditch, and I heard cries of" thief"—I went in the direction, and saw a rush of people out of the Rivington Club—I saw Jones strike Macdonald with his right hand on his left breast—Macdonald fell on the ground—he scrambled up again and went at Jones, who struck him on the left breast and knocked aim down again—I asked what was the matter—Macdonald said he was robbed of about £4—I said, "Who has got it?"—Macdonald said, "This man has got it," pointing to Jones; he was trying to hold him—I took Jones into custody—someone said, "Pay him," and someone said, "Hustle him," and then Carter ran with his right shoulder against my breast—they all rushed up against me, and banged me about all over the shop; about thirty had come out of the club by that time—they hustled with their shoulders just as they do at football; they did not kick or any thing, it was a fair hustle with their shoulders, just to get me apart from Jones—at the time of the main rush Jones's scarf came undone, and he got loose—I pulled out my whistle, but as fast as I tried to blow it Carter pulled it out of my hand and mouth—Gladwell had come up a little before, but had been blocked out from coining to my assistance; he apprehended Jones by pinning him against the wall by the throat—I heard money drop from Jones's left hand—I saw his hand move as if it opened—Carter tried to pick it up, and at that time Candler in plain clothes came through the crowd—as soon as I saw him I said,
"This is a police-constable; mind what you are doing"—Candler picked up a sovereign and a half-sovereign from the ground—there was then an awful struggle between I, Jones, Wormac, and another constable—we got about fifty yards towards the station, and then another coin dropped from Jones's hand—Wormac picked that up; it was a sovereign—Jones was taken to the station, searched, and 4s. odd, I believe, was found on him—Macdonald charged him with stealing his money—we had difficulty in getting him to the station; he struggled all the way,
Cross-examined by MR. PURCELL. Jones gave his correct address at the station; there is nothing against his character—I did not search the prosecutor—I did not notice if he had a bottle of whisky in hit pocket—I did not hear him say he had one—I was not outside the club with Candler when the prosecutor was wobbling down the street—I was about 83 yards from the club when I saw the rush of people coming out in a body—there is just the doorstep from the pavement into it—thus club is open late in the morning you may say—they came out of the club and went into the middle of the road before Jones struck the prosecutor—I saw the prosecutor surrounded by a number of people—there was a regular scuffle going on, which very often happens outside these clubs—I said before the Magistrate, "The prosecutor said he had lost about £4"—I believe that is correct—I heard Jones mention something to the effect that the prosecutor had been gambling at this club—I have never been inside it—there was a suggestion that the prosecutor, among other gambling, had tossed for drinks—the prosecutors address was 42, Priory Road, Kilburn, a long way from Shoreditch—he did not tell me he had passed a pleasant evening since three or four that afternoon—the prosecutor was very anxious to get the money back which had been picked up—he has not been to the station to ask for it that I know of—I have not been to Priory Road—he has not been here nor before the Grand Jury—I have not seen him since I saw him at the Police-court—he told me the money he had been gambling with was the proceeds of a cheque he had cashed with Mr. Butcher earlier in the day; I got Mr. Butcher's address; he is not here—the prosecutor said he cashed the cheque and began the gambling somewhere about half-past five or six; he said nothing about tossing for drinks.
Cross-examined by MR. KFRITH. Carter was out of the club before I blew my whistle—he tried to stoop down and pick up the money, and Candler prevented him—I did not say anything about his stooping to pick up the money before the Magistrate, because I did not give it a thought at the time; I make no point of it—I don't think it would be much against him, even if he aid—the prosecutor said at the police station that Carter was there—there were 50 or 60 people there by the time we got Jones, I daresay—I first saw Carter after I had Jones in custody; and after the charge had been made of being robbed; Carter was on my right-hand side at the time.
Cross-examined by Tics. I did not see you there—I did not see a cab there.
THOMAS CANDLER (Policeman G 441). About one o'clock on 19th December I was on duty at the corner of Shoreditch—I saw Tice and Macdonald and another man having an altercation about a cab fare—Tice said, "Let us have a drink, and then we will start"—they all three went down to the Rivington Club, about 150 yards off, and all went
in—I and Wormac followed them—about two o'clock there was a rush from the club, and at the same time "Police" and"Murder" were shouted—we ran up, and I saw Macdonald being hustled by Carter and Tice, and I should say about fourteen others, and Jones was struggling with Dale—I got into the middle, by Macdonald, and told them to stand back, and that I would draw my truncheon and use it if they did not—I said to Tice and Carter, "I know you, and I know you"—they ran into the club—Jones was struggling; he dropped one and a half sovereigns from husband—I picked them up—I was shoved and hustled—I said, "You keep quiet, if you don't be quiet we shall have to use as much violence as you do; you will have to go to the station"—he was quiet—I assisted in taking him to the station—I returned and kept observation on the club—about three o'clock Carter came out, and I at once arrested him—as Jones was being taken to the station, just before we got to High Street, Shoreditch, he dropped from his hand a sovereign, which "Wormac picked up.
Cross-examined by MR. PURCELL. Witnesses are here to describe the inside of the club—the prosecutor said that while he was in the club he wanted to draw a sketch of something on the board—he had a small bottle of gin in his pocket—he said he was going to take it home to his wife—I was watching the club fifty or sixty yards off at the bottom of the Curtain Road—Dale was in uniform, I was in plain clothes.
Cross-examined by Tice. You had not got a cab; I believe the other man with you was a cabman; I am not certain.
WILLIAM WORMAC (Policeman G 437). I was in company with Candler on this morning, near Shoreditch Church—I saw Tice in company with another man; and the prosecutor bargaining about a cab—Tice said he would take the prosecutor in his cab to Kilburn for 5s.—they went down to the club—we watched for some time—I saw Jones come out at the back of the prosecutor—there was a melee in the road—the prosecutor was knocked down, I cannot say by whom—I assisted in taking him to the station—I heard money drop from Jones's hand.
WILLIAM GLADWELL (Policeman G 149). I passed the club, I saw Jones strike the prosecutor and knock him down twice—the prosecutor said, "I am robbed; that man has robbed me," pointing to Jones—Jones was taken to the station.
JAMES WILKINSON (Detective). I arrested Tice at 6. 30 on 20th, outside the King's Arms, High Street, Shoreditch—I asked him if his name was Tice, he said, "Yes"—I told him I was a police-officer, and should take him into custody for stealing money from a man named James Macdonald on 19th—he said, "You do not think I have done anything wrong, do you? If so, I should not have stopped about here"—I took him to the station—when charged, he said, "I admit being there, I took the man to the club, and he gave me half-a-crown to pay for drinks."
Cross-examined by MR. PURCELL. It is a workshop—I visited it officially—I am not a member.
The Prisoners' Statements before the Magistrate. Carter says, "When I was first taken to the station the prosecutor said he had not seen me at
all." Tice says, "The gentleman said he left me in the club when this happened." Jones reserved his defence.
Jones received a good character. Tice, in defence, said the Prosecutor treated him and others, he wished him good-night, and saw no more of him.
NOT GUILTY .
MR. HEDDON Prosecuted.
CLEMENT KEEVIL . I am a poulterer, of 228, Poultry Market—on Monday, 24th December, about nine p. m., I saw the prisoner at my shop with a case of geese—I said, "What are you doing there?"—he said, "I am going to take them to the barrow outside"—I said, "Who told you to?"—he said, "The man told me to"—I said, "You are stealing"—I saw a barrow, but no man—I gave him into the custody of the beadle—he repeated the statement that he was told to put them on the barrow by a man—many people were in the market, but not at the spot; it is just inside the gateway—the barrow remained till the constable took it away two hours afterwards.
WILLIAM BURTON (L. C. M. 17). I was called by the prosecutor, and took the prisoner into custody—the prosecutor charged him with stealing a case containing fifteen geese—the prisoner said, "1 was waiting outside for a job, and a man told me to go and get this case of geese and put them into a barrow outside"—I took him to the station—on my return the barrow was still there—I watched it awhile, and as no one came to claim it I took possession, and afterwards returned it to its proper owner.
The Prisoner's Statement before the Magistrate was, "I plead Not Guilty, and have no witness"
GUILTY .— Nine Months' Imprisonment.
NEW COURT, Wednesday, January 16th, 1889.
Before Mr. Common Serjeant.
MR. A. GILL Prosecuted.
JAMES HAMET . I live at 5, Victoria Street, Bethnal Green—on December 27th, about 11 p. m., I heard a noise at my shutters—I got out of bed, slipped on my trousers, went into the street, and saw a man a few doors off at No. 2, with his head in at the ground floor window, which was open—I seized him—he said, "You have got me?"—I said, "Yes,. and I intend to keep you"—he said, "Let me go"—I said, "No"—he said, "I have something here that will make you let me go," and drew this piece of iron from his pocket—I got it from him, and detained him till the police arrived—it is an old iron chopper worn down—the curtains were torn down and the blind taken down.
Cross-examined by the Prisoner. I did not shove the window open.
ROSETTA WHITE . I live at 2, Victoria Street, Bethnal Green—the house belongs to my husband—on December 27th, about 10. 30 p. m., my front window was bolted at the bottom but not the middle bolt—I went
out with my husband, leaving our five children in bed—a policeman came for me—I went back and found the blinds and curtains pulled down, and missed a pair of trousers and a shade of flowers from the window, which was wide open, and three policemen were waiting—the sashes work up and down—the trousers had been on a table not far from the window, it is a very small parlour—the blinds and curtains were on a chair against the window ready to be taken away.
ALFRED SMITH (Policeman H 206). Hamet gave the prisoner into my charge—he said, "I am waiting here watching for Detective Stacey"—he belongs to the H Division—going to the station he said he was simply there to make water—I saw no water there—only a small key was found on him, which belongs to a workshop—he gave a false address—a Mr. Smith missed some property, it has not been recovered.
He then PLEADED GUILTY** to a conviction at Clerkenwell on 20th February, 1888, in the name of George Morris.— Twelve Months' Hard Labour.
MR. WABBURTON and MR. TURRELL Prosecuted, and MR. GEOGHEGAN
JAKES MURPHY (City Police Sergeant 53). On 20th December, about 11. 30, I was with Duke in Tower Street, and saw the prisoner and another man, with a drunken sailor—the sailor and the other man were sparring at each other, and the prisoner said to the sailor, "Take your coat off. Jack, and go for him"—the sailor took his coat off and the prisoner took it—the other man ran away and the sailor ran after him—I then saw the prisoner put his hand in the outside pocket of the sailor's coat and withdraw it—I caught hold of him and said, "What have you got in your right hand?"—I heard money fall as if from his right hand—he then said, "Nothing"—I held him, and 2s. 1 1/2 d. was picked up off the pavement—I took him to the station—going there he said, "You know his coat was upside down"—Graham was also taken there and charged with being drunk and incapable—the prisoner had the overcoat on his arm, pockets downwards—the sailor gave his name Matthew Graham; he has gone to sea—the Magistrate discharged him next morning—the constable and a soldier took him to the station, not because he was so drunk, but he was obstreperous, and did not want to come—he could not walk straight, and he spoke thick—he said he remembered nothing of what took place—Duke was on the prisoner's right, and could hear what he said—he never said at any time, "I never touched the money"—this is my signature to my deposition—(This stated, "He said, 'I have not touched his money; you know his coat was turned upside down'")—I evidently said that at the Police-court—I cannot remember him saying, "I have not touched his money"—it was a Chesterfield long coat, not a pea jacket; the prisoner had it slung under his left arm—I do not know whether there were inside pockets, but there were two outside pockets; this is how he had it, folded, but not in half, and he took it out of this outside pockets, the side pocket nearest to him—this happened outside the Czar's Head—I was in plain clothes, Duke was with me the whole time; we were watching three or four minutes before we-interfered—
I did not suspect the prisoner from the beginning—I have known him six years as a respectable man; he has worked for Mr. Joseph Hunt—I did not see the sailor's coat flung on the pavement, but one was picked up—the soldier picked one of the shillings up, another soldier was with him—he had not such a good opportunity of seeing the money drop as I had, he was on the left—the sailor was not searched at the station; we don't search drunken men.
----DUKE (City Policeman 804). I was with Murphy outside the Czar's Head, and saw the prisoner and another man with a drunken sailor—the prisoner and the other man got up a quarrel, and the prisoner said, "Pull off your coat, Jack, and go for him"—the prisoner took his coat from the sailor's hand, and as soon as he got it the other man ran away—the prisoner put his hand in the coat outside pocket, and Murphy took hold of his forearm and he dropped some money; I picked up two sixpences and three halfpence—at the station the prisoner said, "Don't you know the coat was turned upside down?"—I said, "No, the pockets were down."
Cross-examined. Tower Street is fifteen or twenty yards wide there—we were on the same side as the public-house, outside it; we had crossed to that side—I think the fight was a got-up business—we were not a minute outside the public-house before this began—I said to Murphy, "Come on, quick"—he said, "All right, there is a job over there"—two privates in the Grenadier Guards were there, going to the Tower—they had not arrived when the sparring began—I saw the money drop out of the prisoner's right hand, the coat was then on his arm—I had seen the prisoner before, but did not know his name—the public-house had a broad glare of light, and any person looking across the street could see us—he works in the docks, I believe—I never knew him in any trouble or knew anything wrong of him—I did not hear him say, "I did not touch his money"—the sailor was drunk and could not walk, and I had to get the assistance of two soldiers; he staggered all over the place, reeling like a corkscrew—he ran after the other man about ten yards in a zigzag way and fell down—I should say he did not know anything about this.
THOMAS STACEY . I am a private in the Grenadier Guards, stationed in the Tower—I was outside the Czar's Head between eleven and twelve, and saw the officer holding the prisoner, who had a coat on his arm, and some money fell on the ground—I picked up the sailor's cap and a shilling; I gave the cap to Duke, who asked me to assist the sailor to the station.
Cross-examined. I did not see the money drop, but I heard it—I was about two yards off—there was a good public-house light—I cannot say whether the prisoner had the coat in his hand or on his arm when the money fell—Murphy had hold of him—the sailor was very drunk—I gave the cap to him, but one of the officers said it was not his, and in the morning he said that he had a hat on—I saw a man running away—the prisoner did not attempt to run away.
The Prisoner's Statement before the Magistrate. "I am not guilty. I never handled a farthing of that man's money."
The prisoner received a good character.
NOT GUILTY .
MR. A. GILL Prosecuted.
ROBERT HENRY BRIX . I am a greengrocer, of 18, Paddington Street, Marylebone—on 13th December I went out about four o'clock, and returned about twelve—I went in by the side door, noticed nothing, and went up to bed—next morning, about 8. 30, my servant drew my attention to a back window looking into the yard, being open—I went to open my desk with a key—part of the woodwork went on to the lock, and I missed £18 in gold, thirteen or fourteen shillings, and two bags containing market tickets, value £13 or £14, also this tin (produced); it is like a florin, gilt—it was in the bag, or a similar one—the shop door was bolted, and only some one who knew the premises could have got in, as he had to go a roundabout way, down the stairs and up some stone steps into the yard, and the window is about this height—the prisoner was in my employ about eight months, and he has used this chisel (produced) many times—I kept it on a little bracket—a stranger not knowing the place would not see it—it corresponds with the marks—the window was quite safe when I went out, but I cannot say how it was when I went to bed; I did not pass it.
MARTHA ALEXANDRA BRIX . I am the wife of the last witness—I was in and out all this evening—I fastened up the house at ten o'clock, and this window was fastened properly—it is half a door and half a window, and is one plate of glass—I don't know how it fastens, it has never been undone since we have been there—it is small, but I think the prisoner could get through it—this coin was paid to us by a boy who worked for us—I examined it, and thought it was a bad florin.
BRIDGET THIN . I am a servant at 8, Northumberland Street—on December 13, about ten o'clock, I was passing Mr. Brix's house, and saw the prisoner come out at the private door, which was wide open—he crossed the road—I knew him well, and have not the least doubt about him—there is a public-house next door.
Cross-examined. I saw you two or three days every week, and you have been in our house.
JOHN ROBERTSON . I live at 15, Paddington Street—on this night I passed Mr. Brix's house at 10. 30, or nearer eleven, and noticed the side door open—I had seen it shut previously, and a person standing there—I cannot swear it was the prisoner, but on a second occasion I saw him leaving the door, and having known him for years I know it was he, and was surprised at seeing him.
CHARLES MANSELL (Detective D). On December 14th I received information from Mr. Brix and examined his premises, and found a window in the back parlour had been broken, a desk in the shop had been forced, and I found this crowbar or chisel in the shop, which corresponds with the marks on the desk—from information I received from Miss Thin, I went to Queen's Gardens and saw the prisoner—I told him I should take him on suspicion of committing a burglary at Mr. Brix's in Paddington Street—he said, "I know nothing about the job" on the way to the station I said to him, "What time were you at home last night?"—he said, "About half-past eleven," and then said, "Before eleven," without any other question from me—I took him to the station, placed him among several others, and Miss Thin identified him—I found on him 10s. 10 1/2 d. in silver and bronze, a pawn-ticket, a bunch of keys, and this leaden penny, which he said he found about five weeks ago in
Oxford Street, and afterwards that he found it yesterday in Oxford Street—I tried one of the keys to Mr. Brix's private door, and it opened it quite easily—the window was just the size which the prisoner could get through—there is an iron frame, which can be swung open, which fastens inside—the pane above it was knocked clean out, as if by a hammer, and there were finger marks on the window.
JOHN ROBERTSON, JUNR . I live at 15, Paddington Street, and was formerly in the prosecutor's employ—I took this coin from a customer about three months ago, and handed it to Mrs. Brix, and I know Mr. Brix kept it in his desk.
The Prisoner's Statement before the Magistrate. "I had nothing to do with the case."
Prisoner's Defence. The key I had eight months ago. The money and the pawn-ticket found on me I pledged a watch for, and also nine shillings out of the bank, and that is the remainder.
GUILTY . *— Twelve Months' Hard Labour.
Before Mr. Justice Denman.
MR. HUTTON Prosecuted; MR. TAYLOR Defended, at the request of the Court,
DANIEL LEARY . I lived with my wife at 30, Agate Street, Canning Town; I have shifted since—the prisoner and his wife occupied the front room, first floor—on Saturday night, 8th December, he came home about 10. 30, apparently under the influence of drink by his conversation—he was quarelling with his wife—he said it was time he made a bleeding shift out of the house; he would set the bleeding house on fire, and he called the Almighty God to blind him if he did not—he then went into his room with his wife—immediately after I heard him breaking up his furniture—I and my wife were sitting in our room—I could not hear him say anything while in his room—my attention was attracted by something, and I went up to his room—the door was locked—I forced the lock and broke it open, and I saw the things in the middle of the floor alight—I saw the prisoner with the bed-tick in his hand and a light in his other hand, with some linen, setting it alight—the bedstead was broken, and the bedding was on the floor on fire—I jumped on it to put it out, but the flames were too strong—I had three children asleep in the adjoining room—my wife followed me into the room—I told her to get the children out—the prisoner said he could do as he liked with his own things—a number of men came in and put the fire out—there was no fire in his room before he and his wife went in—he was very drunk.
CAROLINE LEARY . I am the wife of last witness—on Saturday night, 8th December, about half-past ten, the prisoner came in; he walked up stairs—I could not tell exactly whether he was drunk or sober, because I was in my room—I heard him say in the passage it was near time he shifted from the bleeding house, and he would set the bleeding house on fire before he left it—about five minutes after my husband broke open the door of the room—I had been in the room shortly before with his
wife, the lamp was then alight on the mantelpiece—I don't know whether it was still there when the door was broken open—I did not enter the room.
Cross-examined. I heard the prisoner quarrelling with his wife—he was using cruel language, like that of a drunken man.
WILLIAM JONES . I live at the Fire Station, Barking Road, Canning Town—I am superintendent of the brigade—on 8th December I went to this house with a steamer—I went into the front room first floor—the furniture was broken—the fire was extinguished before I arrived—I found two distinct fires, one in the middle of the room and one under the window—the window frame had been on fire, and the curtains and blind were burnt down—no portion of the wood-work of the house itself was destroyed, only the window frame, that was very much charred by fire, it must have been alight, and the paper on the wall was partly burnt off—I did not see that the boards in the middle of the room had been alight, the bed had been—I found a paraffin lamp in the corner by the window; that was smashed, it must have been thrown there with some force—it was away from the mantelpiece, it could not have tumbled from the mantelpiece to where I found it—it was some distance from the bed.
Cross-examined. I could not see the oil from the lamp about the room—the furniture had been subjected to rough handling, as if taken up by a drunken man and thrown down.
GEORGE BENBOW (Policeman K 170). I took the prisoner into custody about a quarter to eleven on 8th December; he was drunk—I told him the charge—he said, "I did not set fire to the b—house, I tried to put it out"—he said about the same at the station.
The Prisoner's Statement before the Magistrate. "I never set fire with any intention; I knocked over the lamp accidentally, and did the best to put it out—I was drunk in the room by myself."
GUILTY .— Six Years' Penal Servitude.
Before Mr. Recorder.
MR. WARBURTON Prosecuted.
ADA Buss. I am the wife of Alfred Buss, a clothier, of Forest Gate—on 29th December between 5 and 6 p. m. I left the shop for about five minutes—returning I missed from the counter two suits of clothes; coat, vest, and jacket value about £1 5s.—the coat and trousers produced are my property, and were among the clothing missed—I received them back from Mrs. Goode on 1st January.
ALICE REED . I am the wife of John Reed, a clothier, of 54, Odessa Road, Forest Gate—on 29th December, about 7 p. m., prisoner came and offered some clothes for sale—I declined to purchase—I did not look at them—I had an opportunity of looking at him.
SUSANNAH GOODE . I am the wife of Walter Goode, a clothier, of 16, Forest Lane—on 29th December about 8. 30 p. m. the prisoner came and sold me two suits of clothes, amongst which are the clothes produced; the rest I sold—I asked his name and how he got them—he said he was a hawker, and got them in exchange for plants or crockery—I gave these articles up to Mrs. Buss on 1st January.
HERBERT PARKER (Policeman K R 39). I am stationed at Forest Gate—in consequence of information and description, I took the prisoner into custody on 4th January at Leytonstone, in company with another constable in plain clothes—I said, "George, I shall charge you on suspicion to having stolen on 29th December a suit of clothes and other articles the property of Mrs. Buss, and afterwards disposing of them at Forest Gate"—he said, "All right, this is some of my b——fine friends, I suppose"—I took him to the Forest Gate Station; he was identified from about ten by Mrs. Goode—he was charged—he made no reply.
The Prisoner's Statement before the Magistrate. I was at Wanstead on Saturday until late in the evening. I was coming home. I met a chap; he stopped me and said, "Do you want to buy any clothes? I have got some, I will sell you the lot for 5s. "I gave him 5s. for them, thinking I could make a bob or two for myself. I took them to Forest Lane and sold them for 7s. I did not thieve them at all. I have no witnesses to call, because I do not know the chap that sold me the clothes." The prisoner repeated this statement in defence.
He also PLEADED GUILTY to a conviction of felony at Chelmsford in May, 1886.— Eighteen Months' Hard Labour .
Before Mr. Common Serjeant.
Before Mr. Justice Denman,
MR. POYNTER Prosecuted; MESSRS. GEOGHEGAN and BODKIN Defended
GUILTY .— Fifteen Months' Hard Labour.
Before Mr. Recorder.
MR. FULTON prosecuted; MR. BESLEY Defended.
The prosecutor in this case, a young veterinary student, was introduced to the prisoner with a view of purchasing his business, that of a veterinary surgeon, for which he paid £50 on the understanding that the lease of the premises should be handed to him; the prisoner having become bankrupt, was unable to perform his part of the agreement.
Mr. BESLEY submitted that this failure on his part would
not support the indictment THE RECORDER was of that opinion; the prisoner had promised to do that which he was unable to perform., but that could not he held to be a false pretence.
NOT GUILTY .
MR. MUIR Prosecuted.
THOMAS WILLIAMS . I am a master carman, of 1, Albert Terrace, Silvertown—early on Friday morning, 21st December, I was in the Henley Arms, North Woolwich, with Lewis—the prisoner was in another compartment—he and Lewis had some conversation—I left the house; Lewis followed me—I saw the prisoner with two other men outside—the prisoner and another man came up, and the prisoner stabbed me on the forehead above the left eye—I afterwards found I had four other wounds, on my back, on the top of my head, at the back of my ear, and in the muscle of my arm—I was knocked down—I saw the prisoner, while he was holding me, stab Lewis, who came to my assistance, over the eye—he left go of me and stabbed him—this is the coat I was wearing—there are a good many holes in it, which were not there before; most of them are clean cuts—there is blood on the coat and on the waistcoat; there is one stab through the waistcoat, I think—Phillips came to my assistance and assisted me to the doctor, who dressed my wounds—I have been laid up at home for a fortnight—I am not under the doctor's treatment now; I keep the bandage on to keep the cold away—the prisoner was a stranger to me.
HENRY LEWIS . I am a labourer, living at 57, Upper Andrew's Street, Silvertown—I was with Williams on this morning in the public-house—I was asking the prisoner different questions about different places abroad; he was in another compartment—he asked me to go round and he would show me—I went round; one of his mates said, "Don't have any row"—I said I didn't want to have a row—I went back to Williams, drank my ale, and went outside—I saw the prisoner and two men going up the road; Williams followed them—I thought I would go with them for company—I went about one hundred or two hundred yards, and then put my hands between them, and the prisoner made a cut at me and out me on the temple and shoulder—I found I was bleeding—I went to the doctor, who attended to my wounds—I met Phillips—I saw the prisoner in the Police-station—I was laid up for several days—I did not go out from the 20th till after Christmas—the prisoner was a stranger to me—I never had any quarrel with him—he did not appear drunk to me.
Cross-examined. You came out of the public-house just after I did—I was standing against the fence when you three went up the road.
WILLIAM VANCE . I am a surgeons practising at 2, High Street, North Woolwich—on the morning of 21st December, at two o'clock, I examined Lewis, who I found suffering from an incised wound about one and a half inches deep to the bone on the left temple, and loss of blood—it might have been dangerous; it turned out very favourably; a vessel was opened and it bled very freely—he had no other wound; it was probably caused by a knife—I examined Williams, and found him suffering from loss of blood; he had several incised wounds caused by some sharp instrument; they were to the bone—there was one on the left temple, another on the
back of the head; another, a punctured wound on the arm—there was a cut through his clothes corresponding with the wound on the arm; the clothes were torn, but there was no other cut through them—Lewis is out of danger—I saw the prisoner about three o'clock that night—he com plained of his tongue being injured; I examined it and could find nothing the matter with it—he was not drunk, but he had been drinking.
Cross-examined. You had a very trivial cut on your head which I did not pay much attention to, as it was not necessary—it did not appear a recent out.
The Prisoner's statement before the Magistrate. "I have nothing to say; I don't know what to say."
GUILTY —Four Months' Hard Labour.
MR. HUTTON Prosecuted.
ALICE DEW . I am a nurse at the University College Hospital—I went there on 5th November—I shared the prisoner's room from 14th November to 27th November—the cloak produced is mine—I wore it on 25th November—I missed it two days after the prisoner had left—it hung in my room—I never saw it till the prisoner brought it back—it then had my name and the name of the maker taken off—her cousin, Miss Powell, came with her—the Sister Superior was present and said, "Blanche has brought back your cloak"—the prisoner said, "Nurse Alice Dew, you gave me this cloak"—I said, "I never gave it you or lent it you"—the Sister said, "That will do; take the cloak and go"—and I left the room—I never gave the prisoner the cloak nor lent it to her.
Cross-examined by the prisoner. No conversation took place between us on the Thursday night about the cloak—you did not ask to borrow it—I did not say, "I do not mean you to buy it; if it is any use to you you can have it."
ELIZA ANN POWELL . I am the prisoner's cousin, and live in Leicester Square—my private address is 19, Sterne Street—on 3rd January I went with the prisoner to the hospital at her request, the Sister Superior having made a statement to me which the prisoner knew—she said, "Will you go to the hospital with me? I have not taken anything"—at the hospital the prisoner protested Nurse Dew had given her the cloak, and Dew said she had not—I had heard the prisoner say a cloak had been given her by a gentleman, but I do not think it was with reference to the same cloak.
The prisoner in defence said Dew had given her the cloak, and she had not altered it as alleged.
NOT GUILTY .
Before Mr. Common Serjeant.
177. JAMES BARRY (32) and FREDERICK KILLORAN (29) , Un lawfully obtaining by false pretences from Joseph Walton four watches and jewellery, with intent to defraud; other counts charging them with conspiracy.
MR. MOYSES Prosecuted.
jewellery, at 7, Upper Charles Street, Clerkenwell—in September last I corresponded with Barry, and after making inquiries I engaged him to sell watches and jewellery at commission—he said he was employed in the Arsenal; that he had good opportunities of getting orders and sup plying workmen in the Arsenal, and officers and their servants—he gave me references, but said he would rather we took any of his neighbours—he gave the address Dairy Street, Woolwich—I found the references satisfactory, and supplied him with samples and he obtained orders—after he obtained an order he would get the first instalment from the customer and give him a temporary receipt, and then send up an I O U with the name and address of the customer, to whom a receipt card would be sent—I engaged him on the 6th September—he got orders and did a fair business for some time and paid satisfactorily—at the end of September I think he brought Killoran and introduced him to me as Frederick Kilman; he said he was well acquainted with him; he had known him a long time; he was an honest pushing man; he was also employed as a foreman in the Arsenal, and capable of doing a good straightforward business—Killoran gave respectable re ferences in Plumstead, and after inquiring I commenced business with Killoran on the same terms as Barry—my daughters handed all the things to the prisoners—on 19th November I received in formation which caused me to examine the books—I found they had an immense quantity of stock, and I went to Woolwich on the 20th and saw Barry, and asked him for his unsold stock, as I found he had got too much—he gave me about £10 worth, which he said was all he had at that time, and he gave my son £2—this was at his own house—I said he had about £70 worth—I tried to find Killoran that day, but failed—Barry said I dropped on him rather sharp, and I must give him time—I made an appointment to come next night at six o'clock for the remainder, which he said he would try and get back in the meantime—he admitted there was a remainder—I went to his house next day at six with my son—Barry then said, "It is a question of account; I am not an accountant; you will have to give me time to make up my books"—it was a private house—I said, "I demand my stuff; it ought not to take you any time to find it"—I simply demanded the return of it or to know where it was—he only reiterated that it was a question of account, and said I must wait for it—this was on the 21st November—I left a message at Killoran's house on the 20th, as I could not see him—on the 21st I saw him with Barry at Barry's house by appointment—I made the same request to Killoran as I had to Barry, that I had no idea he had so much stuff; and asked him to give me back all the unsold stock—he replied that he had not got it; it was out at various probable customers—I said, "Surely, you have some?"—he said, "No, not now"—he then took a book, which he said was a law book, and said, "We have been studying that, and you will have to do the best you can"—I said, "Well, Mr. Frederick Kilman, if I cannot obtain my goods' from Frederick Kilman, I will have a try at Patrick Killoran"—he became exceedingly angry, and said he would defy me to take him to anyone in Woolwich that knew him other than by the name of Kilman—he further said, "Killoran is Barry's customer, and not mine"—I said, "Take me to this customer of Barry's named Killoran, that I may see him"—he readily agreed—we went into the street; they
wanted me to turn to the left, but I went to the right, and led them in front of a policeman who was waiting to identify Kilman—he nodded to me—we went a little further, and then I said, "I shan't go any further to see Killoran; let us go back to Barry's house"—we passed the policeman a second time; and Kilman then said, "I could give you some stuff to-night, if I liked"—I said, "You declare it is all an honest transaction; if it is, give me as much as you can, and I will wait at Barry's while you fetch it"—he went out and came back shortly with about £8—I gave information to the police, and got a warrant, on which the prisoners were arrested four days afterwards—Barry was deficient about £75, £12 of which he paid me—the first month Barry did sell a good many articles for me—Killoran did some selling for me.
Cross-examined by Killoran. It was you who referred to the law-book, not Barry.
ELIZABETH CAROLINE WALTON . I assist my father in his business—I attend to the agency business, such as the prisoners were doing for us—these things produced by the pawnbrokers I handed to the prisoners—Barry had goods from me from 6th September to 19th November—he failed to account to the extent of £65—on 2nd November he had four watches and nine rings, among them this perfect lever crystal watch, No. 49885, to be sold for £2 17s. 6d.—he told me he had a customer waiting for it—I believed him, and parted with the watch on the faith of what he said—on 16th November I gave two watches, one of them this English lever crystal, 5661, in a sealed parcel to Killoran to take to Barry, who had sent by Killoran a list asking for goods—Killoran said Barry had sent up the order—on 28th September I let Killoran have some silver watches, among them this lady's gold watch, of the sale value of £3 10s.—he said he had an order for it from a servant in a gentleman's family—I told him not to take an I O U from a servant, but he said he had a householder who would sign and be responsible for it—I believed him, and let him have it—that was the day after we employed him—on 16th November he had two silver watches, a gold albert, and a gold and diamond snake ring—these are one of the watches, the albert, and the ring—he said he had a customer for the watch, and no doubt he would be satisfied with this one—the ring he had ordered a fortnight or three weeks before; he said he had a customer for it, and it had to be made a particular size—I believed his statements—I let him have the albert, believing he had a customer for it—I don't remember his saying anything particular about it—the sale price of the ring was three guineas, the Geneva lever £2 10s., the albert £2 5s.—on 10th November Barry had this gold keyless watch, No. 1510, from me, its sale value was £4 15s.—he wanted one with a gold dome—I had not one, but he said he would show this to the customer and let me know—I let him have it on the faith of his statement—I after wards received this letter. (Saying that the customer wanted a gold dome watch, and that he (Barry) would like to have 1510 transferred to Killoran, and it enclosed an I O U from Killoran, signed 8. Boyle, 33, Manor Road, Woolwich, for £4 15s.)—I transferred the watch at his request—8s. deposit was paid on the watch when the I O U was sent—I believed this was the signature, and was sent from S. Boyle—in all these cases I believed what the prisoners told me, and in consequence let them have the articles—this watch was sent in a sealed packet by Killoran to Barry on 16th Novem
ber; the sale price was four guineas—on 19th November this ring was sent by post to Killoran; it was made to a particular size to his order—he said he had an order for two heavy wedding-rings—I believed it, and in consequence had them made and sent to him.
Cross-examined by Killoran. I think the two wedding-rings were sent in a parcel to Barry for you—you returned stock to the value of under £20—you did not sign for all the goods you received; I did not think to ask you; I did not think your signature was needed; I thought you were dealing with us honestly—I thought what you said was true—you said the small diamond ring would suit you, and you took it away—I don't think you have sold £100 worth of goods for us the whole time—the first lot of goods were sent to you by post on 27th September—you came on the evening of the 28th for more goods.
Re-examined. Killoran has signed sometimes—I knew my father had references, and I trusted the prisoners—some of the other goods they sold have not been paid for; we look to the customers for the money, not to the prisoner—sometimes we had deposits, and money afterwards; but a good deal is still owing.
ALEY WALTON . I am the prosecutor's daughter, and live with my sister at Upper Charles Street—on 6th October my sister was away, and I took her place for the day—the prisoners came for some goods, and I gave them to them—this watch, 501461, is one of the articles I let them have; it is the only one I have seen since—Barry said he had sold the last watch of this kind, and he wanted one for a sample, and I believed him, and gave it to him, and other things as well—the watch was to be sold for 30s.
Cross-examined by Killoran. You returned two silver lockets, a gold pin, and a gold pencil—I cannot remember anything else—it was to the value of £2 7s., I think—you signed on that day.
SARAH BOYLE . I am a widow, and have lived at 33, Manor Road, Woolwich, for three years—no one but myself has lived there—I have not known either of the prisoners; I have nothing to do with them—I cannot write—I never ordered a watch, and never signed an I O U for one, or authorised anyone to put my signature to it.
Cross-examined. Rachel Jordan did not come and get my permission—I did not take the letter in—I have seen you before, but I have had nothing to do with you—I said I wanted a clock, but I did not order one—I did not pay for it—I had not seen Barry till I saw him on Monday morning—Killoran was married to my goddaughter; that is all I know about him—he does not live near me.
JAMES PEPPER . I am an assistant to Mr. Thomas, a pawnbroker, of 2, George Street, Woolwich—this perfect lever silver watch, No. 49885, was pawned with me on 7th November, for 18s., in the name of O. Martin, by a woman—this ring was pawned with me on 17th Novem ber, for £1, in the name of James Hunt, of 5, Station Road, by a man I do not identify—this lady's gold Geneva watch, No. 44419, was pawned on 19th October in the name of John Williams, Wood Street, for £1 by a man I knew—I knew that was not his right name, and I asked him if it his watch—he said it was his; he wanted it in the name of William—I knew him by the name of Killoran, I think he is the prisoner's father—I have never seen the prisoner Killoran—I asked the people bringing the things if they belonged to them, they said, Yes—they were all new; we
considered we lent fair value on them—if they charged 50s. for a ring and I gave £1 1s. they would get a fair profit.
FREDERICK WHITE . I am assistant to George Roberts, pawnbroker, 55, Eden Place, Charlton—this English lever watch, No. 5561, was pawned with me on 10th November, for 25s., in the name of Green—it was a new article I saw—I did not know the person pawning—he said it was his own watch.
GEORGE CALLOWAY . I am manager to John Burts, pawnbroker, of Woolwich—I produce a gold keyless watch, No. 1510, pawned on 15th November, for £1, 10s., by James Melville, of 10, Sun Street—it had been offered to me twice previously at 50s. each time, and we had refused to give more than 30s.—I asked where he got it, I could see it was new; he said he bought it of a man in a public-house.
STANLEY SUTTON . I am assistant to Mr. Thomas, 25, High Street, Woolwich—I produce a silver crystal watch, 501461, pawned for 11s., by John Goldsmith, New Road, on 20th October, and a gold albert chain and silver watch pawned on 17th November, for 30s., in the name of John Tidey, Duke Street—I cannot identify the persons—I saw they were new; he said he had purchased them—we advance money on the trade value; it is the selling price that is quoted by the prosecutor.
HENRY ABRAHAM BODMAN . I am a pawnbroker, of 113, Albert Road, North Woolwich—to the best of my belief the prisoners came together and pawned a wedding-ring for £1 5s. and a watch for £1 1s., on Thurs day, 22nd November—I think Killoran had an Inverness cape on.
Cross-examined by Killoran. One of you came about five o'clock as we were shutting up and offered me the watch, and could not agree about the price I offered, and then he brought it back afterwards and we had a deal.
HENRY RUTHERFORD (Policeman R 227). I arrested Barry on 27th November—I said, "There is a warrant for your apprehension for obtaining goods by false pretences"—he said, "To what amount?"—I said, "£65 worth. How long have you known Killoran?"—he said, "About two years"—I said, "Then you know he has been in trouble before for a similar offence?"—he said "Yes"—I took him to the station—he was charged; he made no reply.
FREDERICK ALEXANDER (Detective R). I arrested Killoran on a warrant, which I read to him—it was for obtaining goods by false pretences—he said he had accounted to Mr. Walton for the whole of the property he had had—I then mentioned a gold watch, the snake ring, and a silver watch—he said he never had these goods; he knew nothing about them—I took him to the Police-station; he was charged, he said nothing.
GEORGE JONES . I am a warder at Wandsworth Prison—on 10th August, 1887, Patrick Killoran was convicted of stealing a number of clocks and other articles and £70 from his employers, and sentenced to six months hard labour—I recognise the prisoner Killoran as the man then convicted.
Witness for Killoran.
RACHEL JORDAN . I am a general servant out of place—I live at 81, Ogilvy Street, Woolwich—I got Mrs. Boyle's permission to have her signature attached to this I O U; she is my mother's godmother—the letter and subscription card from Mr. Walton were taken in her house; I was not there—she gave me the letter at her house in October or November,
I think—I previously got permission from Mrs. Boyle to have the letter sent to her house—I asked if she would take in a letter for me, and she said she would; that was before she gave me the letter—I could not find it to bring it here—I had a watch and a wedding-ring for myself—I gave them to my mother, who was going to make a present to my brother and sister—she pledged the articles, and sent them a present.
By the COURT. Killoran is my stepfather—I don't know who signed this S. Boyle—I got the watch from Killoran and a wedding-ring and keeper—I saw nothing signed by Mrs. Boyle—I gave 8s. for the watch, nothing for the wedding-ring and keeper—my stepfather had them.
Cross-examined. I am seventeen—I was told to be in Court in case I was called up—the last place I was in service at I was there six or seven months—I left a few months ago, when the people went to Norwich—since then I have been living at home with Killoran and my mother—sometimes I get work to do—I did some shirts, and had eight shillings to spare—I am quite sure I am telling the truth—I tried to pawn Mr. Melville's silver watch at Hayes'—he is Killoran's brother—I have not pawned any of these things—Killoran has gone by the name of Kilman—I have not seen this I O U before.
Barry, in his defence, said that he introduced Killoran to Mr. Walton as a likely man to do business, that they were each on their own responsibility, and had never conspired together; and that he had given Killoran money to pay in for him at the office, but that Killoran had never given him money to pay in.
Killoran, in his defence, said he had sold hundreds of pounds worth; that he had kept a 70s. watch for commission, and had given up to Mr. Walton all the stock he had when he came to him.
E. D. WALTON (Re-examined by the JURY). When Killoran applied for goods the order was always in Barry's writing.
KILLORAN then PLEADED GUILTY to a conviction of felony in August, 1887— Twenty Months' Hard Labour.
BARRY, recommended to mercy by the Jury and the Prosecutor — Ten Months' Hard Labour.
Before Mr. Justice Denman.
MR. MEAD and MR. CHARLES MATHEWS Prosecuted; MR. KEITH FRITH
Defended. After the evidence had commenced the Prisoner desired to withdraw his plea of Not Guilty, and to plead Guilty, upon which the Jury returned that verdict.— Twelve Months' Hard Labour. He had been previously convicted of assaulting the police.
MR. MEAD and MR. CHARLES MATHEWS Prosecuted; MR. RIBTON Defended,
at the request of the Court. LUCRETIA PEMBROKE. I am fifteen years old—I have been waiting at a coffee-house, 17, Spa Road, Bermondsey, kept by Mrs. Whiting—I
have been there about three years—I have known the prisoner about two years or a little more—he used to come to the coffee-house to have his meals, and he did some papering and whitewashing there about three weeks ago—I have always been on friendly terms with him—on Monday, 10th December, about half-past four in the afternoon, he came into the shop; my mistress was upstairs—two little children, aged three years and fifteen months, were in the shop with me—the prisoner came in at the front door; I did not see him do anything to the door, I had my back turned—he asked for a pennyworth of tea; I gave it him, he did not offer to pay for it, I did not ask him for it; I asked him if he wanted any bread and butter—he said, "No"—he was sitting at a table—after that I walked away from him; he began to walk after me, and then ran and caught hold of me by the waist and drew a knife—I did not see him draw it, I felt it round the right part of my throat—he did not say anything, he only did it once, I then saw him run to the back-yard, I felt blood coming from my throat; I called out and ran to the front door, and found it was locked, the key was in it on the inside—I stayed there till my mistress came down shortly after and assisted me—a constable came, and I was taken to the hospital—Sergeant Bradford came to the hospital, and I made a statement to him—I saw the prisoner as he made his way to the back, and 1 saw a small blade of a knife in his hand—I did not know the prisoner's name, I used to speak of him as "Silly Billy."
Cross-examined. I have frequently heard him called "Silly Billy"—I and the children gave him that name—he had not done anything to deserve the name—he used to play with the children in the shop; they used to call him "Daddy," and he used to mock them, and used to say"Daddy" after them—he was not quite like other young men of his age, that was why I called him "Silly"—he did not hear me call him "Silly."
ESTHER ANN WHITING . I am the wife of Joseph Whiting—last witness has been in our service about three years, helping me in the coffee-house—I know the prisoner quite well—he has been a customer between two and three years—when he was in work he came to breakfast, dinner, and tea; when out of work he would come occasionally—he did some white washing for us about a fortnight before 10th September—I used to talk to him from time to time, about the weather and different things—I never thought him strange; he was always very civil and polite to me—I did not give him any money for the job he did; I gave him food—on Monday, 10th December, about half-past four, I was upstairs and the little girl was downstairs with the children—I heard screams, and ran down—there is a door at the bottom of the stairs, I found that was locked on the outside—I bad left it open when I went upstairs—I pushed it and got it open and went into the shop; I found the girl at the top of the shop near, the street door; that was also locked and bolted—she was bleeding from the throat, and there was a lot of blood from the top of the shop to the bottom—she made a statement to me, and I sent for the police.
Cross-examined. He (prisoner) was in the habit of coming to the shop often, never for anything but refreshment as a customer—I have met him out accidentally, and spoke to him for a minute or so—I have never seen him out with the girl; he would take his meals in the shop, and she would be in the room at the back with me—I never heard of his being called
"Silly Billy,"I never saw him out of temper; I have seen him looking very dull, and he said it was because of want of work—the children used to run out to him when he came in, and he has played with them, not in a silly manner—I never heard them call him "Dada."
SARAH NETLEY . I am the wife of William Netley, a butcher, of 19, Spa Road—on the afternoon of 10th December, about half-past four, I was in the back yard of 21, Spa Road; from there I can see into the back yard of 17—I saw a man on the stable of the adjoining house to Mr. Whiting's, I could not tell who he was, because I did not see his face, and it was rather foggy—he jumped over into the tanyard, and I lost sight of him—I have known the prisoner about two and a half years, ever since he worked in the tanyard at the back—I have seen him three or four times a day—I have served him in the shop and spoken to him, and he has answered me very rationally; he stammers a little—I never noticed anything strange about him.
Cross-examined. I never noticed him downcast, as if there was anything on his mind, he always seemed about the same; he was not a very lively sort of man, he always appeared very quiet; I never saw him laughing—he did not strike me as curious at all—he always paid me for what he had—I heard Lucretia once call him "Silly Billy" when she wanted to make me understand who he was.
ALFRED EDWARD PRICE . On 10th December I was house surgeon at Guy's Hospital when the girl was brought there about five o'clock in the afternoon; she was very pale and faint from loss of blood—I found a large deep gash on the right side of her neck, from the middle of the neck to the right side of the ear, about five inches long; it was a very deep wound, but did not open the windpipe; it went down to the jaw bone; one artery was severed; she had lost a great deal of blood—it was a dangerous wound; it would require great force to inflict, unless done with a very sharp knife; this penknife (produced) is rather blunt; I think with that it would require great force; it has one blade only—besides that wound there were two small incised wounds, one on the chin and another cutting off the top of the lobe of the right ear; these were very slight wounds—she remained in the hospital till 1st January, when she was discharged cured—she did very well, and is perfectly healed now.
Cross-examined. I have had no communication with the prisoner—I saw him before the Magistrate; he was then just as he is now—he said nothing—he has rather the type of a man of weak intellect, but I have met with men having just the same type of countenance.
WILLIAM BRADFORD (Police Sergeant M). On the evening of 10th December, about half-past seven, I went with another officer to 7, Limerson Street, Bermondsey, where the prisoner was lodging; I said to him, "We are police officers; we are going to take you into custody for feloniously cutting the throat of Lucy Pembroke, of 17, Spa Road, this afternoon"—he said, "Is she dead? '—I said, "No, she is not dead; but she is very dangerously ill in the hospital, and she says you did it with a penknife that you took from your pocket; have you got one about you?"—he put his hand in his pocket and produced this knife, and said, "This is the only one I have"—I took him to the station, left him there,' and went to Guy's Hospital, where I saw the girl—she made a statement to me—I returned to the station and again saw the prisoner—I said, "I
have just come from Guy's Hospital, where I have seen the little girl Pembroke, and I asked her if she could tell me who the man was that cut her throat, and she said it was Bill Atkins; he lives at 21, Limerson Street, Bermondsey; they call him "Silly Billy"—I said, "Are you sure it is him?"—she said, "Yes, I know him quite well; he has done a little whitewashing and papering in our house about a fortnight ago"—he then said, "Yes, I did do the whitewashing and paperhanging there"—he was subsequently charged, and when it was read over to him he made no reply—I examined the knife; there were no marks of blood on it.
Cross-examined. I believe he was not out of work at this time—I have only known him casually in passing—I know nothing with regard to his mental condition—he appears to be a man that does not seem as sharp as one would naturally expect.
GEORGE TUPPING . I am a leather finisher, of 86, Delaford Road, South Bermondsey—I have known the prisoner for three years—he has been employed with me in the same firm during that time—I have had him continually under my observation—I have seen nothing strange in him whatever.
Cross-examined. I never saw any sign of weak intellect about him; he has always been rational, reasonable, and sensible—I never heard until this morning that he had been subject to epileptic fits—if I heard persons say he was almost imbecile I should entirely disbelieve it, as far as I have seen of him. Mr. Ribton called
PHILIP FRANCIS GILBERT . I am Surgeon of Holloway Prison; the prisoner has been under my observation there since 11th December—I have conversed with him and seen a good deal of him; I have formed the opinion that he is very weak-minded, almost imbecile—he has not had any epileptic fit while I have seen him—he has conformed to all the prison regulations—notwithstanding that, I adhere without any hesitation to the opinion that he is of very weak intellect.
Cross-examined. I have seen him and spoken to him very often—I have had him under my special supervision—he understands and answers, very slowly but rationally—I have seen him four or five times a week—that has been his demeanour during the whole time—he understands what is now going on—I think he is capable of appreciating what he is doing, and of distinguishing between right and wrong to a certain extent.
By the COURT. In using a knife on the girl's throat he would know that he was doing a dangerous thing; I think he would know he was doing wrong—I don't think he would appreciate fully, as an intelligent man.
MARTHA FORD . I am a widow, and live at 4, Charlotte Row, Nelson Street, Bermondsey; I am an aunt of the prisoner—he has been subject to epileptic fits from his birth; I have seen him in one—the last was quite nine years back, but he has had them since—as far as my judgment goes he is not right at times; he is very sullen and morose occasionally, that comes on him in fits, and then he does not appear to understand what he is doing—I am sure that his mind is to some extent affected, from my experience of him from boyhood—he once
shut my little girl in a doorway and left her there; I suppose she had done something that he did not like—when he was sullen his appearance altered very much; he had a very vacant look, especially with the right eye—he suffered very much in his head at times—it was not from grief, more from passion—I have not known him commit any acts of violence, only on that one occasion; but I have seen very mischievous acts when these fits were upon him, throwing things about in a rage, and playing with fire—I have not heard him called "Silly Billy," but as a child I knew him to have a nickname—his mother died eight years ago.
Cross-examined. There has been no insanity in the family that I know of—his grandfather was subject to epileptic fits—he wandered at times—the prisoner was very passionate—he had an injury to his head when he was young—before he was born his father kicked his mother very severely in the loins, and he had twenty-three fits in one day—independent of that a horse kicked him in the back of his head when he was three and a half years old—he has the scar now—sometimes he has had these fits when asleep in bed—the last I know of was nine years ago—he has been earning his livelihood—he was six years and more with Mr. Thorpe, a paperstainer, and he went from there to the tanyard for three years.
GUILTY on the second Count — Seven Years' Penal Servitude.
MR. BROMBY Prosecuted; MR. HUTTON Defended.
MARY MARSH . I am the wife of Samuel Marsh, of Redhill—the prisoner entered our service, as housekeeper, on 14th December last—she had a good character when she came to us—on the 19th December fol lowing, about half-past seven in the evening, I heard an alarm—I was inside the house at the time—the alarm came from the inside; someone inside the house told me that the nursery was on fire—that was not the prisoner's bedroom; hers was the room beyond, a small ante-room, through which I had to pass—at the time I first heard the alarm of fire, I think my husband was outside, to the best of my recollection—the only servant we had besides the prisoner was a nurse-girl, Annie Killick, aged about fifteen, or not quite fifteen; she had been with me nearly five months—as far as I know, there was no one else in the house but my three children, no other servant or anybody else employed in the house—on getting the alarm of fire, I rushed upstairs into the nursery; I found that it was full of smoke—passing that, I went into the prisoner's bed room; there I saw the blind had fallen, having been burnt, and the valens and fringe round the window was smouldering, and the bottom part of the bedclothes was on fire; they were smouldering, and there was dense smoke in the room—my husband was called, and he and I succeeded in putting the fire out—I advised the prisoner to sleep in another room that night—next evening, the 20th, about eight o'clock, I was again told that the nursery, was on fire—I proceeded there and found smoke proceed ing from the same room where I had been the night before, and the palliasse which I had left on the little iron bedstead, free from fire, was smouldering—I believe the prisoner was there, she had got up there before me—I broke the palliasse to pieces, and with the help of water I put the fire out—it was smouldering from the upper part—I think the
prisoner was in the room when I went in, to the best of my recollection, out I should not like to be quite positive of that—it was not the prisoner who gave me the alarm on the second occasion, I believe she gave me the alarm the previous evening—about half-past eight on the 20th I received an alarm that there was fire in another room in the same part of the building—I really can't be quite sure who told me; that came from an opposite direction—I think that was about an hour after we had put out the other fire—that alarm was given from inside the house, it came from outside and then reached me—there is a street alarm outside the house—it was somebody in the street that gave the alarm, it was not given to me direct—on hearing it I rushed up the staircase the same as bei fore, and passing through a very large sitting-room to a large bedroom beyond, I found a petticoat and the curtains on fire, and the window blind and valens smouldering—with the help of some man who came up the side staircase with water we put it out—about half-past nine the next day, the 21st, I discovered some more fire—I went up to my bedroom, where I had seen the previous fire; I smelt smoke again, and found fire—I thought at first it must be fancy, but I opened a little side door, and saw volumes of smoke pouring along another landing, a different portion of the house—I rushed downstairs and called Mr. Marsh—I could not find him on one side of the building, I found him on the other—he went upstairs with me, and we ran from room to room, and eventually opened a door where the prisoner had slept the night before, and there in the middle of the bed I found the whole of the bedclothes were smouldering—the room was full of smoke, and the gas was alight over this smouldering—I and my husband succeeded in putting it out—the whole of the bedclothes were burnt; it had not touched the bed, but the whole of the bedclothes were in a mass of smouldering—about half-past seven that evening Mr. Marsh and I were in the office together—I went into the kitchen, where the nurse-girl and the prisoner were, and I said to the girl, "I want certain garments aired for the baby this evening; be sure you don't forget them"—I mentioned what I wanted—the prisoner was standing on one side of the kitchen-table, and on the other, facing her, was the little girl, with me, on my left-hand side—the prisoner immediately said to me, "Shall I go and fetch them? I know exactly where they are—in the long box"—I said, "Yes, if you like"—there is a staircase running parallel with the side of the kitchen—you have to go up some stairs from the kitchen to the room where the box was—there is a short landing and one flight of stairs—the box was in the sitting-room on that landing, the box was close to the door of that room—when I said to the prisoner, "Yes, if you like,"I passed back into the office, leaving them in the kitchen—I did not see the prisoner go—I was in the office two or three minutes when I heard the street door bell opposite the office door, and opposite the kitchen door from which I had just passed—I heard the nurse-girl run to answer the bell; I had left her in the kitchen—it was the street door bell that rang—I did not see the prisoner go out of the kitchen—I left her and the girl there together; it was the girl that went to answer the bell—she went towards the door, and I followed her, because I did not know whether she would be able to attend to the door, I saw her—I am sure it was her, I actually saw her, and know it was her—she had just opened the door; there is no doubt about it—a gentleman
was at the door—I opened the office door and showed him in—the girl was standing by my left side—as I was in the act of letting him pass me into the office I looked round on my left-hand side up the staircase, and saw smoke pouring along the landing—I said to the nurse-girl, "What, is this smoke again?" and I rushed upstairs—she followed me—I saw the box, and under the lid of it I saw smoke oozing out in all directions—I opened the box, and the clothes were really alight; a good many linen garments, children's pinafores were on fire, actually flaming—the prisoner was not in the room then; I found nobody in the room; the room door was not shut—I told the girl to get some water; she got some, and I poured it over the flames, and put the flames out; I pressed the whole mass together till I felt it was out, and then I closed the door and went downstairs, and called Mr. Marsh—he was in the office—I did not see the prisoner at all between my leaving the street door and finding the box on fire; I did not know where she was; I am not quite sure whether she was sent for or whether I went down and called her myself; she was downstairs, I am not quite sure where; she must have been downstairs—when I next saw her she came into the sitting-room where I was, where the fire had just been; I mean the last fire—the clothes were in an ottoman box—it was after my husband and I had put out the fire I saw the prisoner; I believe she came from downstairs, to the best of my recollection—as far as I remember I called her myself; she came into the room where I was—I said to her, "Will you explain this fire? you have just been here, not five minutes ago; was there a fire here when you came?"—she said, "No"—I said, "Then you ought to know; if you don't know how the fire got there you ought to know; I don't accuse you of lighting the fire, but I don't trust you any longer in my house, you must pack up your box and go; Mr. Marsh will see you to the station"—she said, "I know nothing whatever about it; it certainly looks very suspicious against me, but I have not lighted the fire"—I had asked her if she had been to the box—she said "Yes"—"Was there any fire when you went there?"—she said, "No"—she said she had got the things from the box—that was so; the things were taken out and were on the kitchen table—Mr. Marsh said he was not satisfied with her leaving the house under the circumstances, and he must have this investigated—he sent for the police, and an officer came—on the evening of 21st December a dressmaker was employed in the house; she only came to fit on a dress; she was in the bedroom where the second fire was, not the room where the prisoner slept, but my bedroom; she was only waiting there to try my dress on for me—I was there with her, having my dress fitted on—that was before I went down to the kitchen there was no needlework going on—her name is Miss Carr—she was not in the house at the time of the last fire—she had not been there the day before when the other fires occurred; only on the 21st, not on the 19tn or 20th—the second fire was is the billiard-room, on the 20th; that would be the fourth—the billiard-room is a very large room; it is not used as a billiard-room, it is called the south bedroom—it used to be a billiard room, that is how it got that name—the box with the clothes in it was not in that room—the prisoner told me that she had to go into the bar to serve a customer after I left the kitchen—I don't know that of my own knowledge—I can't say whether or not there would have been time for
her to go into the bar—the bar is close at hand to the kitchen, not two steps.
Cross-examined. It was part of her duty to serve in the bar—I had a written character with her—I have found out since that she had been four months before coming to us at Brighton with a relation—the first fire that occurred was in her bedroom, that I discovered in the evening—there was gas in that room—I cannot remember whether the gas was alight when I went there—it was a gas arm about one-quarter of a yard long, a single moveable bracket, that you can twist backwards and for wards; you can twist it towards the blind—when I went up the first time I believe the prisoner was in the room; to the best of my recollection she did not go up with me—I went up by myself, the nurse-girl following—the prisoner never attempted any assistance in putting out the blind, or made any remark; the blind had fallen—Mr. Marsh came up just behind me in some few seconds, and he put it out—my eldest child is four years old in February—one child was in bed—the second fire occurred next evening in the same room; that was the palliasse of the bed—the bed was lying under the window against the wall, that would be close to the blind and near the gas bracket; the prisoner was in the room then—I said to her, "How is this?" she said, "I am sure I don't know"—I said, "How strange!"—I think she went in just before me, to the best of my recollection—the third fire was in my room the same evening—I was standing between the doors at the bottom of the staircase when someone exclaimed that our bedroom was on fire—the prisoner did not go up with me, I found her behind me afterwards—that fire was very quickly put out; it took longer than the others—the fourth fire was in the billiard room; that room was very rarely used, the gas would very rarely be alight—I told the prisoner to go and sleep in that room, we conveyed the bed there—when I went to bed about half-past eleven I looked and she had a candle—she had no need to light the gas—at the time when she volunteered to go up and get the clothes I don't know whether she went at once, I went immediately into the office; I was there I think about three minutes before I went to the side door to answer the bell, it might have been a little more—it was then I saw the nurse-girl—as far as I knew the prisoner was thoroughly content with her place with us—she made no complaint, not the least—the servant-girl had made no complaint to me, the prisoner had made complaints of her; she complained that she behaved rudely to her—I told the girl of it; we called her in, and Mr. Marsh told her she had behaved rudely to the prisoner—the complaint the prisoner made was that as she and the char woman were having their tea together the girl stood still looking at them; she fold her to go upstairs to the nursery, and she did not go as quickly as she liked, and she immediately came into the office and told us of the girl standing looking rudely at them, and we called her in and told her that she ought not to do that sort of thing—I told her that the prisoner had made that complaint of her—she did not answer in any way—she did not say she was sorry, or make any answer, or excuse herself—she was not at all pleased—she did not at all like being called to account—we mildly scolded her—that was not the only time I had cause to do so—she was a young child, very inexperienced, and she had my little children, and I wished her to go in my way—when I told the prisoner to go for the things I did not
see her take any matches—the articles were brought down into the kitchen—the gas was alight in the room before I went into it—it was a usual thing to light it soon after six—it is generally one person's work to light it—it would be the prisoner's work to do that—it was on the occasion of the third fire that the dressmaker was there.
Re-examined. The fault I found with the girl was not knowing her work; she is only a child—I thought I could train her in my ways—I think she would do well with housework, but not as a nurse-girl—she showed a dislike to being spoken to, several times, not taking it kindly, not quite as I liked a girl to be, but I have had so much to do with young children that I did not put it down to anything—her general character for honesty and so forth was quite correct—as far as I know she was honest.
SAMUEL MARSH . I am a livery stable-keeper at Redhill—I was in the stable on the evening of 19th December last—that is on the same side of the house as the bedroom, which was then occupied by the prisoner—I was seeing the stables shut up for the night—while I was doing that the nurse-girl came running out calling me, and saying that the nursery was on fire—I went into the house and upstairs—I found the room adjoining the nursery on fire; that was the room occupied by the prisoner; I could see the flame, that was all I could see for the smoke—the flame was at the window; the room was full of smoke—I could not see who was there till I got to the window, I then found my wife and the prisoner, they were both trying to extinguish the fire; I assisted, and at last put it out—next day I was away from home and know nothing of what then occurred—the next day, the 21st, I was at home in the morning; about nine o'clock, just after I had had breakfast, I went into the yard to give orders; I had scarcely got out there before the nurse-girl came running out again, "Mrs. Marsh wants you directly upstairs;"I went in and ran upstairs—my wife said, "The place is full of smoke again"—we both commenced searching for the fire, she went one way and I the other; last of all I went to the room that the prisoner had slept in, called the billiard-room; I opened the door and found the room full of smoke; I went straight in and saw the bedclothes smouldering red hot—I immediately ran and pulled them and rolled them all up together, and carried them out in the passage, and one of my men brought a pail of water which I threw on the remnants, trampled on them, and put the fire out—about half-past seven the same evening I was in my office writing, when I heard someone call out, "Come upstairs directly, there is more smoke in the house"—I won't be positive whose voice it was—I ran up, and there found my wife by the side of the box, and the girl by the side of her—she said that she had found the box all ablaze, and had thrown one jug of water on it—I said, "Fetch another," and I poured it out and put my hands and pressed the things together, and made sure the fire was quite out—the prisoner was downstairs all this time; I found her in the kitchen; my wife went down and called her, and she came upstairs, as if from the kitchen—I did not see her come out of the kitchen—I asked her if she could in any way account for these fires, it was a very mysterious thing that I should have had five fires break out in forty-eight hours in different parts of the house, and wherever she went the fires followed soon after—she said, "Yes, it certainly looks very suspicious, but I know nothing about it"—I said,
"Well, it is too serious a matter to let pass over; I must give you in charge on suspicion of having set fire to the place"—she Said, "Well, I am not surprised; it certainly looks very suspicious against me"—the police were sent for, and I gave her into custody.
Cross-examined. I assisted in putting out three fires—I was absent at two—the nurse-girl called my attention to the first, and I think to the second, but I am not sure—I saw the prisoner assisting in extinguishing the first fire.
MARY ANN KILLICK . I am nearly fifteen years old—in December last I was in Mrs. Marsh's service; I have now left—I had been there for some five months—on 21st December, in the evening, I was in the kitchen with Mrs. Marsh and the prisoner—Mrs. Marsh said I had better go and get some things for the baby to change to-night—she did not tell me where to go for them; I knew they were kept in the long box up stairs, in a different place to where they used to be, but I knew where they were—the prisoner said, "I will go and get them," because she knew where they were—I did not answer when Mrs. Marsh spoke to me; I was going, when the prisoner said she would go—she went up and got them, and brought them down and put them on the kitchen table, or put them round the guard to air—she was upstairs about a minute—I then heard the door bell ring; I ran to the door and let the gentleman in—Mrs. Marsh ran to the door and spoke to him, and the gentleman walked into the parlour—Mrs. Marsh saw some smoke coming down the stairs; I was with her then; I saw the smoke—Mrs. Marsh ran upstairs, and I went up behind her—she went into the sitting-room; I did not follow her—she went in and shut the door, and told me to get some water, and I got a basinful from the tap upstairs and took it to her—I knew that there had been four fires in the house before—I had not set fire to them.
Cross-examined. I am not in Mrs. Marsh's service now; I left because I was not old enough for her; she told me to leave; that was the only reason she gave—when the prisoner went upstairs to the box she was only absent one minute—Mrs. Marsh went into the office; she was there about two or three minutes before the bell rang—during that time I was alone in the kitchen—the prisoner went into the scullery—that does not lead to the bar, not near the bar—I don't know how long she remained in the scullery; I did not see her come out—I was alone in the kitchen four or five minutes till I went to the bell—I gave information about the first five and I gave information to Mr. Marsh that the prisoner's room was on fire—a young man came to the door—I was downstairs, the prisoner went up stairs first and I went behind her, and then it was on fire—on the second occasion I ran downstairs and told Mr. Marsh; I knew of the fire then because a young man came and said so—I don't know him, I know him by sight—I did not tell Mr. Marsh who he was—it was the prisoner who told me the blinds were on fire—at the first fire a young man called and told me to come out to the back door and look; he only came once, and that was on the first occasion—on the second occasion the prisoner went upstairs into her room and saw smoke, and she said, "What is this?" and she went into the room and found the bed was smoking, and she said, "Sarah, run downstairs and tell Mr. Marsh"—I went up to the nursery on that occasion—I had not to pass the prisoner's room to get to the nursery; I slept in the nursery, it was the next room
to the nursery—you have to go through the prisoner's room to the nursery—on the third occasion it was the man who worked there that told about it—I was in the prisoner's room getting water to put out the fire; before that I was downstairs in the kitchen—I don't remember where Mrs. Marsh was—I got the water from the tap upstairs; I had gone upstairs to get water—I don't know how soon it was after that that I heard of the fire in Mrs. Marsh's bedroom.
Re-examined. There were four things brought down by the prisoner out of the box and put on the kitchen table; these were the things that were hung up to air—I was putting some elastic on some stockings when I heard the bell ring.
By the COURT. The prisoner had been in the house a week when these fires began—there had been another servant before her, the prisoner came the same night as the other left—the other servant and I did not get on very well together—the prisoner and I did, except one night I was very rude to her, and she went and told Mr. Marsh, and he gave me a talking to—I did not behave very properly—I was suoking my teeth when he told me, I was not angry, I showed that I was displeased when I went in—I was lying on the tea-table; they were having tea, and the prisoner told me to get off, and I said, "I shan't," and she complained to Mr. Marsh—that was very rude of me; I think it was her duty to tell Mr. Marsh—I think that was before the first of the fires, I am not sure; I think it was the third night she was there—I did not think that after the other servant left I should be promoted, and that somebody else would come and take care of the children—I did not say so to anyone—I was not disappointed when the prisoner came—I asked her whether there was not another servant coming in my place to the children—I did expect somebody else would come to take the children; there was a young girl came one night, I did not know what she came for; she was left in the sitting-room, and I thought she would be taking my place, and that I was to leave because Mrs. Marsh said she would make a change—I did not think I was to be housekeeper, I knew I was not old enough—I did not think I was going to have any help with the children.
MRS. MARSH (Recalled). I have letters which the prisoner has written to me—I think this letter (produced) is her writing, it looks very much the character—I do not remember the girl being flippant when the curtains were burning, not the least—I never saw anything of the kind throughout all the fires.
THOMAS JEFFRIES (Police Sergeant). I saw this letter handed in to the Court before the Magistrates on Monday, that was in the presence of the prisoner—she referred to it in her deposition—(The letter was read as follows)—"To Mr. Pearson, Superintendent of Police. Dear Sir,—I am perfectly sure that the nurse-girl, Annie Killick, is guilty of trying to set fire to Mrs. Marsh's house. When the first fire took place, she it was who turned the gas up and drew it in front of the blind, of which I cautioned her at the time, when she, of course, denied having been there. The second fire, which occurred in Mrs. Marsh's bedroom some few minutes after Annie Killick had been, it is supposed, up in the nursery, where she ran when the dressmaker and Mrs. Marsh left the latter's bedroom. The third fire was in the billiard-room, where I did not know that the gas would light. The two nights that I slept there I took my candle with me, and brought it down with me in the morning to light the
fire. The gas was lighted there on the morning of the fire for breakfast, when Annie was supposed to be up in the nursery; so you see, Sir, suspicion points to her. The last, in the box, of which I am accused, occurred soon after I had been unfortunate enough to fetch the child's clothes from it, which I brought down and placed on the kitchen table, beside which Annie was sitting. I then had to go to the bar to serve several customers, and when I returned Annie was upstairs; soon after that the box was on fire. I have quite forgotten to mention that when Mrs. Marsh's curtains were burning, Annie burst out laughing, saying at the same time, 'There is no danger with so many men on the building'; all this seems to me to be quite sufficient, even if it was not for her con fession to me, that she hated Mrs. Marsh since I have been there more than ever before—to use her own words, 'She had been nasty to her. 'I have nothing more to say, Sir. You will judge which is the guilty; obtain my release, I beseech you; for after two such dreadful nights as I have had, my very soul is weary of my life. I feel almost too ill to speak. See that they set me free, Sir, I beg, or I shall die before long. As God is my witness my statement is true. Heaven bless you for your kindness to me."
The Prisoner's Statement before the Magistrate. "I repeat the statement that I made to Superintendent Pearson, and I wish it added to this deposition."
The prisoner received an excellent character.
NOT GUILTY .
Before Mr. Recorder.
MR. MEAD and MR. MATHEWS Prosecuted; MR. ELLIOTT Defended
JOHN FOGWELL (Policeman N 202). On 26th December at 8. 45 p. m. I was called to the Globe public-house by Mr. Morris, the landlord, to assist in ejecting some people from the premises—I assisted in getting both the prisoners outside—Ikeson then went round into another bar of the house—I followed, and I was requested to eject him again—he re fused to go—I put him out—he walked down Globe Street—I walked along to him and his companions, who were creating a disturbance out side—I asked them to desist and go away quietly—they refused—while I was asking them deed struck me a blow behind my right ear with his fist—he ran away down Globe Street—I followed, caught him, and took him—someone called out, "He is not going to take him;" and then Ikeson, who was in front, turned back, and I was set on by the whole gang, eight or nine of them, Ikeson being among them, and I having Reed at the time—I was knocked down; Deed fell with me; he struggled violently to get away, and kicked me about the legs—Ikeson came to me as I was down (I knew him by his being about the Tabard Street Market), he kicked me on the head and jumped on me; then he knelt across my throat and tried to choke me, trying also to release the other prisoner—I stuck to Reed for about ten minutes or a quarter of an hour I should say, I was on the ground—I took out my whistle and blew it, but it was knocked out of my mouth—I then drew
my truncheon and struck Reed with it; whether I struck Ikeson I cannot say—I struck at anybody—the eight or nine men were all there—ultimately Reed was rescued, and I was left insensible on the ground—when I regained consciousness a gentleman was helping me towards the Police-station—I am still suffering great pain in my body; I have great pains in my head very often; my limbs are very stiff—I have been on the sick list ever since—Dr. Evans saw me that night—since then I have been acting under his advice.
Cross-examined by MR. ELLIOTT. Up to the time Ikeson walked down Globe Street he had not struck me; I thought he was going away quietly—I should say he was not more than two or three yards from me when he turned to come back, because I had run towards him running after Reed—he had got about twenty yards from me before I started to run after Reed, far enough to give me the idea that I had done with him—after I seized Reed the cry was not raised by Ikeson, but he came back on hearing it, and then the eight or nine set on me—I was struck and pushed on all sides; they all seemed determined to rescue Reed—very probably I struck Ikeson with my staff; I won't swear I did—I was attacked by eight or nine people all the time.
By the COURT. I am positive Reed is the person I had in my custody for a quarter of an hour—I picked him out from eight other men at the station.
Re-examined. Ikeson was among the first who kicked and struck me; I do not doubt it for a moment.
JOHN REYNOLDS . I live at 6, Tabard Street, and sell newspapers—at 9. 30 on 26th December I saw Fogwell go into the Globe, and I saw Ikeson ejected—he threw the constable on the ground, kicked him on the head, trod on his chest, and knelt on his throat—Ben. Reed was in Fogwell's custody—I fetched another constable, Freeman—I saw Reed hit the policeman behind the ear, and run away—when the constable caught him, Reed struggled with him.
Cross-examined by MR. ELLIOTT. I was there till they had pretty nigh finished—Reed kicked the policeman first—I saw them fall on the ground together before about ten people attacked the policeman—he was standing up, and they knocked him down—I saw Ikeson kick him on the head—I said before, "He tripped the constable up, and he and his mates trod on his neck"—I said at the Police-court I saw him kick him—Ikeson was the first to get to the constable, and attack him, after he arrested Reed—I saw the constable strike Ikeson with his staff.
ROBERT FREEMAN (Policeman N 327). On 26th December I was called about 9. 30 by a little boy—I went to Globe Street, and afterwards to Fox Buildings, where I saw Ikeson in the far corner of Fox Court—I was in uniform—when he saw me he ran under a barrow—I pulled him out, and told him I should take him for assaulting Fogwell—he said, "You are mistaken; I will go quietly"—he went quietly to the station—in answer to the charge he said, "You have made a mistake; it was not me; I will stand to it"—a warrant was issued for Reed's apprehension, and I took him on 2nd January, about 8. 30, in the Bear public-house—I was about to read the warrant to him, when he said, "Never mind that, I will go to the station"—he said nothing in answer to the charge.
people come out of the Globe, and directly afterwards I saw Ikeson knock the constable down—the constable was three or four minutes scrambling in the road; Ikeson kept at him all the time; the constable got up, and he was thrown down again on the kerb, and cut his head and became insensible; he was dashed against the wall, and I believe a piece was knocked out of the wall, and then he was thrown down on the pavement—Ikeson and others did it—Ikeson was at him all the time—after the constable became insensible Ikeson ran towards Fox Buildings—then the other constable came up, and I went to the station with him.
Cross-examined by MR. ELLIOTT. The first I saw was when the con stable had got Deed, and the mob rushed at him—there were seven or eight round him besides the mob—I went to my window on account of the mob, and when Ikeson ran off I came to my door again—I was three or four feet off—I could see when they get into the dark—I saw Ikeson kick the constable, and kneel on his chest all the time, and he had hold of his throat, and others were kicking—Ikeson was there all the time—I saw one of them run away with Ikeson—all of them were kicking and striking; Ikeson was the worst of the lot—I swear I did not see the con stable strike Ikeson with his staff; he was knocked down before he had a chance of doing it, and his whistle was broken from him; I never saw the constable use his staff.
Cross-examined by Reed. I cannot swear to you, you were away too quick—no one picked the constable up and put him against the wall; he was knocked against the wall—another man ran away with Ikeson.
CHARLES CANN . I am a metal agent at 8, St. Benet Place, Gracechurch Street—about 9. 15 on 26th December I was in Dover Street, and I saw a constable in the act of turning six or seven men out of a public house—Ikeson struck the constable, I am sure, and I believe the other prisoner, but I am not certain—all the men in turn struck the constable, who at last endeavoured to arrest Reed, I believe—the man who I believe was Reed ran across the road after the constable was struck, and the constable ran after him—the other men ran and surrounded the constable, and he and the man were thrown down—I believe Reed threw the constable down—then Ikeson and the others ran to his assistance, and the whole lot got him across the road; they were up and down, and then the constable was thrown violently on the pavement—he blew his whistle twice, but faintly—I screamed "Police" two or three times; I thought it ridiculous to offer assistance, because so many surrounded him—I heard violence, but I could not say whether kicks or blows—the constable was struck, and they all took part in the assault.
Cross-examined by MR. ELLIOTT. I did not see the constable using his staff—I did not see Ikeston struck at all by fists or staff.
Cross-examined by Reed. I will not swear you were there—I will give you the benefit of the doubt, but I believe you were there to the best of my memory.
THOMAS EVANS (Divisional Surgeon of Police). At 9. 30, on 26th December, I examined Fogwell at the station—he had a severe scalp wound on the right side of the head between one and a half and two inches long, and down to the bone—he had two larger bruises and a smaller one on the face—he complained of having been kicked about the body; he was suffering from a severe shock to the system—the injuries to the head
could not have been occasioned by blows from a fist, but by blows with any hard substance—a boot might have done it or a fall on the kerbstone—afterwards Ikeson was brought to the station, and I saw the boots he was wearing—they were such boots as might have inflicted this injury—the constable remained under my charge after that night, and is still on the sick list and unfit for duty, and will remain so for a fortnight, probably longer.
Cross-examined by MR. ELLIOTT. I examined Ikeson at the same time; he had two contusions on the top of his head which could have arisen from blows from some hard substance—a constable's staff would have produced injuries of that character—Ikeson was wearing ordinary boots; I did not notice blood or hair or anything on them.
Re-examined. The injury to Ikeson's head was more probably caused by a blow than a fall, because it was on both sides.
Ikeson received a good character.
GUILTY of wounding with intent to do grievous bodily harm .— Eighteen Months' Hard Labour.
Smith and Williams PLEADED GUILTY ..
MR. BUCK Prosecuted.
THOMAS CORBIE . I am a bricklayer, of 18, Butler's Place, Tooley Street—I am secretary of a mission room belonging to Maria Barclay at Butler's Place—I live opposite to it—at two o'clock on the morning of 24th December I was called up—I found the mission room had been broken open—I had locked it up about half-past nine the night before—the padlock had been wrenched off the front door, cupboards which had been locked were burst open, a money-box on the top shelf had been taken down and burst open—I could not swear if any money was in it the night before.
GEORGE JAMES (City Policeman 25). Wallace came to me in Cannon Street on Monday morning, 24th December, about twenty minutes to six, and said he wished to make a statement respecting the breaking and entering some place over the water—he said the previous night, about half-past ten, he was with two other men; he met a fourth near St. George's Church—that man told him if he wished to have a better coat he could take him to where he could have one, that he then went with him and the two others, and the man showed him round the neighbour hood, showed him the fanlights left open at night and exposed generally, and then took him to the mission hall at 2, Butler's Place; that the man broke the padlock off with a piece of iron he took out of a coster monger's barrow outside; that the two other prisoners went down into the basement; and that he himself went in, but came out to look for the man they had first met, but that as he could not see him he walked away, as he thought he had got them into a trap—I took him to the station, where he made a statement to Inspector Martin, who took it down in my presence.
----MARTIN (Inspector). The prisoner was brought to me by the last witness on the 24th, about half-past six a. m.—this statement was taken
down in my presence from him; he signed it. (In this statement the prisoner repeated in effect what he had said to the constable.)
NOT GUILTY .
SMITH and WILLIAMS— Four Months' Hard Labour each.
MR. DE MICHELE offered no evidence.
NOT GUILTY .
MR. ROGERS Prosecuted.
NOT GUILTY .
Before Mr. Common Serjeant.
187. DAVID CHARLES HUGHES, Unlawfully being an undischarged bankrupt, incurring a debt and liability to Mr. Waterhouse. Other Counts, for incurring credit under false pretences, and for obtaining tea by false pretences, with intent to defraud, from Mr. Waterhouse, and for incurring a debt and liability to Thomas Green, and obtaining from him goods by false pretences, with intent to defraud.
MR. SPOKES Prosecuted; MR. GEOGHEGAN Defended.
MR. GEOGHEGAN moved to quash the False Pretences Counts of the indictment, as they had been added without leave of the Court, and the prisoner had been committed for offences under the Debtors' Act only (Queen v. Bradlaugh, 15 Cox, 156). MR. SPOKES contended that Counts for false pretences could be added without leave of the Court if the facts were the same as these disclosed on the depositions, the charge only differing in legal form (Queen v. Bell, 12 Cox, 42; and Queen v. Fuidge, 33 L. J. M., C. 74.) The COMMON SERJEANT declined to quash the Counts.
CHARLES L'ENPANT . I produce the original record of the bankruptcy proceedings in this case—the petition was filed on 10th August, 1888, for a debt of £135 14s. 4d.—the receiving order was made on August 29th—the liabilities were £3,063 8s. 2d.; assets, £26 17s. 6d.
RICHARD CHARLES RUSSELL . I am assistant clerk to the Official Receiver—on 30th August, the day after the receiving order was made, I put these questions to the prisoner and these (produced) are his answers—I wrote them down, and he signed after I had written them in my presence—he said, "I had no capital when I commenced;" "I had no assets;""I consent to adjudication; ""I have probably been insolvent for the last five or six years"—I asked, "What are the causes of your insolvency?" and he went back five or six years to explain it—I was present when the receiving order was made—I saw him sign documents.
Cross-examined. I work with the firm of solicitors for this prosecution
—they are Messrs. Green and Co. 's solicitors—they instructed us to prosecute, and then we got an order from the Treasury, which is on the file—Green and Co. instructed us to prosecute the day after the receiving order was made, before the bankrupt's cross-examination—when I put this letter to the prisoner I said, "You are on your oath"—that was all I said—I was determined to take criminal proceedings against him; he knew it, he had been served with a summons.
Re-examined. The Bankruptcy Court ordered that he should be prosecuted—the day after that order the Public Prosecutor gave flat for the prosecution.
WILLIAM HENRY VINCENT . I am managing clerk to Messrs. Dakin and Co., tea merchants, of St. Paul's Churchyard—I received this letter of 22nd August. (This was the letter spoken of by Mr. Bell. It was signed D. Hughes, and ordered certain tea to be forwarded to him, and said that if the carman brought the account then due he would pay him)—I caused to be made out an account, and I sent goods to the value of £26 6s. 8d. to Hughes—the carman who took the goods brought back this cheque for £10, and this receipt for the goods—the cheque was returned to us marked "N. 8."—only £10 was due, as we gave him a month's credit—he had to pay £10 before we could send him more goods; the month was hardly due—he has never paid more than the £10—Dakin and Co. in the trade name of Mr. Waterhouse—on that day the prisoner incurred a debt and liability of £26 6s. 8d. to us for goods delivered to him in exchange for this cheque, and he would not have had them unless he had given the cheque.
Cross-examined. This was not our first transaction with the prisoner—he gave us his first order in August, 1887—he has not dealt with us since directly—he did so on August 2nd, September 5th and 24th the same year—he has paid us £7 11s. altogether in four little amounts—at the time we sent the £26 6s. 8d. of goods to him there were goods owing to the amount of £10—we sent these goods on his promise to pay by cheque—we did not present a petition against him in the Bankruptcy Court, nor do we prosecute him here—the goods were sent under my direction, I was the person authorised to part with their possession, and I did so on his promise to send a cheque.
Re-examined. Unless he had sent the cheque I would not have parted with the goods—I gave certain instructions to Parkes about the cheque and about delivering the goods.
ALFRED PARKES . I am a carman in Messrs. Dakin's employment—I was instructed and took goods to 104, Denmark Hill, Mr. Hughes' shop, and received this cheque in exchange on 23rd August—I got this receipt—I acted on my superior's instructions.
EDWARD LAURENCE MILLS . I am salesman to Mr. Green, wholesale cheesemonger—on 28th August the prisoner, who had never dealt with us before, came and ordered, margarine to the amount of £7 18s. 7d.—I told him it would be cash—he said, "All right," or something to that effect—Woods delivered the goods—I called at 104, Denmark Hill, on the Saturday, 1st September, to try and find the goods; there was nobody in the shop for a minute or two, and I looked round, but I could not see the goods—then Mrs. Hughes came in—I did not get the goods.
Cross-examined. Cash does not mean payment in a month with us—the
goods were delivered to him on his promise that he would pay—that was our only reason; if he did not pay the goods would come back.
Re-examined. The carman brought the goods back the first time be cause he had not got the cheque—a cheque was afterwards brought, and the goods were sent to the prisoner the following morning—two days after that, when the cheque had been dishonoured, I went to try and get the goods and could not find them.
JAMES WOODS . I am carman to Mr. Green—on 29th August I took some margarine in a van to 104, Denmark Hill, the prisoner's shop—he did not give me a cheque, and I took the goods back—on 30th August I was instructed to go again; I did so and left the goods.
Cross-examined. The cheque was never given to me—I left the goods after the cheque was received; there was £1 5s. change—I never saw the prisoner, only Mrs. Hughes and a man—the solicitor has spoken to me to-day—I was too late to be bound over by the Magistrate to appear.
THOMAS GREEN . I am a wholesale cheesemonger in the Borough—on 29th August after the carman had taken the goods in the first instance I received this cheque, signed by the prisoner—the next morning by my instructions the carman took the goods back again, because I had received the cheque—he did not leave them the first time, because there was no cheque—the cheque was afterwards returned to me.
JOSEPH DAWES . I am a salesman in the employment of Mr. Leftwich, wholesale provision merchant, Borough—on 2nd August the prisoner called with a van and ordered goods value £14 1s.; there was a deduction of 2s. 4d. for cash transaction, which brought it to £13 18s. 8d.—Henry Lane, the cashier, got a cheque from him, and after that I superintended the loading of the goods on the prisoner's van.
HENRY LANE . I am Mr. Leftwich's cashier—the prisoner on 2nd August saw Dawes, and afterwards came to me—I made out the bill; he paid me this cheque for £13 18s. 8d.; he took the goods—the cheque was next day paid into the bank, and returned marked, "Refer to drawer."
EDWIN CHARLES HEAD . I am ledger clerk at the Camberwell branch of the London and South Western Bank—Hughes had an account there from March to September last year—this is the pass-book, and this a copy which I made myself of the account—this cheque, marked 2nd August, was re turned marked, "Refer to drawer," which is the same as "N. S."—his balance on that day was £5 5s. 3d. in money, and an uncleared cheque for £11, which was afterwards dishonoured; we would not clear the cheque against it—on 28th August he had a balance of 9s. 9d.—on the 29th he had a balance of £4 19s. 9d., and an uncleared cheque for £21, which was brought to us on the 29th, and was afterwards returned dishonoured; it was sent by a Mr. Brown, and was drawn on the Bow Branch of our bank—we had paid in two other cheques signed by Brown on the Bow Branch; one on the 23rd for £11 10s., and the other for £21 on 31st—there was another by Brown on July 13th for £30 on Bow—all these were dishonoured after the prisoner paid them in to his account.
Cross-examined. The account was Opened on March 13, 1888; small cheques were drawn on it, £5 on an average—when the account was closed the Receiver-General took possession of the balance of £3 18s. 9d. to his credit—we charged £1 1s. for the account, so that he had
£4. 19s. 9d. when the account closed—Plenty's cheque for £11 10s. was honoured and paid—the £21 cheque was not paid in again through us—the prisoner kept a very small balance—from March and August he paid in altogether about £440.
Re-examined. That means cheques and money; several of the cheques were dishonoured.
MR. GEOGHEGAN submitted that there was no ease to go to the Jury as to the false pretences counts. The COMMON SERJEANT withdrew the second count as to Mr. Waterhouse from the Jury, but left the other counts to their decision.
GUILTY> on the First, Third, and Fourth Counts .— Twelve Months' Hard Labour.
MR. TURRELL Prosecuted.
FREDERICK TOWNSEND . I am the prosecutor, and am a seaman in H. M. Navy—I was stationed at Sheerness—I was paid off my ship on 19th July, 1887, but they had granted me eight days' leave, and on 18th July I was in Hampton Wick, and saw the prisoner there, and I saw a woman named Sarah Waller in a public-house, but did not see the prisoner there—I left the public-house with the woman, and met the prisoner at the corner of a street, which I do not know the name of—I asked him to show me the way to where the girl lived—the girl was not with me then—I missed her on the way down, before I met the prisoner—I was not drunk, but I had been drinking—when I asked him to show me the way, he took me up a dark lane and knocked me down—the only words I had said to him were, "Will you show me where the girl lives?—he knew what girl I meant, because it was the girl I was with—she was not with me then—when I asked him to show me where she lived he said, "Come along, I will show you"—I do not know how he knew anything about the girl, but he appeared to know, because he said that he would show me—he had not to my recollection seen me with her—I went with him; he took me up a dark lane, knocked me down, and robbed me of my watch and 8s.—I never saw him after that till I had to come up to identify him three or four weeks ago—he was put with four or five others at the Police station, and I identified him—I did not prefer the charge against the prisoner before, because I have been away—I was in the West Indies some months, and then I went mobilising for some months.
Cross-examined by the Prisoner. I do not know in what way the man was dressed who accosted me, but I gave a description of you at the time—you appeared to know where the girl lived—I said, "Did you see a girl pass here?"—you said, "Yes."
By the JURY. It was very dark, and he came to the corner of the street where there was a lamp-post, and I had a good look at him, so that I should remember him in the future—I have forgotten how the man was dressed—I was sober; I had only been into one public-house, and that was over by Hampton Court—I had only been drinking beer.
By the COURT. I cannot say how many glasses of beer I had, as it happened such a long time ago—I had a watch value £3, and 8s. in
money—I saw the prisoner take it, I am quite certain—he knocked me down and stunned me, and robbed me afterwards.
Re-examined. He threatened me while I was on the ground—I made every noise I could, and he threatened to kill me if I made a noise—I was hurt, and was bleeding about my mouth—I was not hurt much, but I was hurt.
By the Prisoner. I was partly stunned, but I saw you commit the robbery—there was no other man with me at the time—no one was going by, but there was a witness at the corner of the street when I passed—it was twelve o'clock at night.
SARAH WALLER . I live at Cambridge Road, Norbiton—I am a single woman, and have no occupation—I get my living as an unfortunate—I was in the prosecutor's company on this night—I met him in Mr. little John's public-house at Hampton Wick, the Old King's Head—I saw the prisoner there, but he was not with me—I left the public-house with Townsend; we were going towards home, and we came over the bridge—I was going; to take the prosecutor home, and as I was crossing the Fair field I missed him, and went on my way home—I know the prisoner—I saw him in the public-house, and I did not see him again till he was in custody—he was not placed with other people for me to identify him; I knew him previously.
Cross-examined. I saw you in the public-house, but you were not in company with me—you had nothing to drink at my expense—I can't say whether you had anything before I came in or not—I don't know whether you had anything to drink at the sailor's expense—he was in civilian's clothes, not in sailor's clothes.
By the COURT. I was in there with the prosecutor about an hour or an hour and a half, and the prisoner was in mere when I went in, but I did not notice whether he drank at the prosecutor's expense—the prisoner was drinking with a man while I was there, and he did not speak to the prosecutor or to me—he took his money out of his waistcoat pocket I fancy, but I am not quite sure—I can't tell how much we drank between us, but I had three or four glasses—I cannot say how many he had—he was there an hour and a hall, but he was not the worse for drink when he left the public-house—he did not stagger at all.
SIDNEY ATKINS . I live at 4, Burrill Road, Norbiton, and am a fitter—I remember the 13th July, 1887—I saw the prosecutor that day—I had a man with me, named Repp—I saw the prisoner take hold of Townsend's arm in Hawks Road, Norbiton, saying, "Come on, we will b—y well find them"—that was between eleven and twelve o'clock—he took him across the read and down Oil Mill Lane—I then heard somebody groan, and heard somebody holloa out, "Help!"—Townsend then came up without a hat, covered with mud, and with his mouth bleeding—I noticed that his watch-chain was broken and hanging down, a piece about two inches long—I did not do anything in consequence of what he said, but he made a complaint to me, and I went to Albert Road to see if I could find a policeman, but could not get one—I have seen the prisoner lots of times since, about Hampton Wick and Kingston in public-houses—I knew him before that night—he is the man I saw with Townsend.
Cross-examined. It was not a very dark night and not very light—I saw you with a male friend under a lamp—a female friend of mine came
to post a letter, and I asked her whether she had seen a policeman, but she did not answer me, she walked on—that was not Sarah Waller—I said nothing about posting a letter—you had a sea waistcoat on, a blue guernsey, and a cap with a low peak, and I am not sure whether you had cord trousers or moleskin trousers.
ARTHUR PULLER (Detective Constable). I know the prisoner—from information I received I searched for him on July 14—I had had a description of him—I ascertained that he had left Kingston that night—he was seen making his way to London, and I could not find him—I arrested him ultimately—this case has not been tried till now, because the sailor has been away, and the prisoner was not arrested because the sailor was absent—he was arrested on December 11, and the committal took place at the Kingston Borough Bench on the same day that he was charged—this occurred in July, 1887. (The indictment averred that the offence was committed in July, 1888, and the COMMON SERJEANT ordered the date to be amended.)
Cross-examined. Somebody told me that you had quitted Kingston altogether—I got that information from a police officer—you lodge anywhere—I went to Fry's and to two lodging-houses.
The Prisoner's Statement before the Magistrate. "I have nothing to say. I know I shall get no favour, and I am not frightened by threats. I know I have a bad name."
Prisoner's Defence. The reason I made that statement was that Mr. Wilkinson got up and said, "You must not expect any favour, or be afraid of any threats," and I said, "No, I expect no favour, and fear no threats; what I say I will say where I am going to be tried."I could not get half a chance of speaking. I go away in the summertime. My occupation is wherever I can get occupation. I do not live at Kingston; I was dismissed the Army for striking a sergeant, and I made that my home. I am not guilty of this charge. I could get plenty of witnesses up to speak for me, twenty or thirty, only I am a poor man and have not got the money. There is not a publican in Kingston who can give me a bad name.
NOT GUILTY .
ADJOURNED TO MONDAY, FEBRUARY 4, 1889.