CENTRAL CRIMINAL COURT
SEVENTH SESSION, HELD MAY 6TH, 1889.
MINUTES OF EVIDENCE.
TAKEN IN SHORT-HAND, BY
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
SESSIONS VII. (TO XII).
STEVENS AND SONS, LIMITED, 119, CHANCERY LANE,
Law Booksellers and Publishers.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, May 6th, 1889, and following days.
BEFORE the RIGHT HON. JAMES WHITEHEAD , ESQ., LORD MAYOR of the City of London; the Hon Sir HENRY HAWKINS , Knt., one of the Justices of Her Majesty's High Court of Justice; Sir WILLIAM LAWRENCE , Knt., Sir ANDREW LUSK , Bart., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q. C., Recorder of the City; JOSEPH RENALS, Esq., STUART KNILL , Esq., WALTER HENRY WILKIN , Esq., GEO ROBERT TYLER , Esq., DAVID EVANS , Esq., HORATIO DAVIS , 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.
FREDERICK KYNASTON METCALFE, Esq.,
CENTRAL CRIMINAL COURT.
WHITEHEAD, MAYOR. SEVENTH 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, May 6th, 1889.
Before Mr. Recorder.
MR. GILL, for the prosecution, offered no evidence.
NOT GUILTY .
430. WILLIAM JOHN EVELYN, HASTINGS HICKS, WILLIAM JOHN NEWELL, CECIL S. R. BARKER , JOHN CROFT DEVERELL , and WALTER WILLIAM MELNOTH , Feloniously breaking and entering the dwelling-house of Henry Jacobs, and stealing seventy-two watches and other goods worth £700.
THE PROSECUTOR, in person, opened his case; MR. MOORSOM, Q. C., Defended This case arose out of a distraint for rent alleged to be due from the prosecutor to some of the defendants After protracted civil proceedings this indictment was preferred. THE RECORDER held that there was no case to go to the Jury
NOT GUILTY .
MR GILL Prosecuted, and MR BESLEY Defended.
WILLIAM BRYANT . I am a publisher at 11, Red Lion Court, Fleet Street—I occupy the whole house—no persons of the name of Cassell and Co carry on business there—on November last Francis called on me, and asked if I would allow him to have letters addressed to my office for a small consideration—I said, "Yes; what is the consideration?"—he said, "10s. per month"—that was never paid, and I never heard anything about it till I had some letters come addressed to Cassell and Co,
which I refused—I returned some to the postman, and some I put in the pillar-box.
Cross-examined. I knew Francis for some years by sight, but not by name—I did not know that he traded as Cassell and Co—I knew him as an advertising canvasser—I don't think I took in more than half a dozen letters.
HENRY FRANCIS MUNRO . I am manager to Norman and Son, printers, in Hart Street, Covent Garden—On 5th December Francis came to me in reference to some printing he wanted done—I gave him an estimate—on the 6th he called again with the manuscript—the work was to be done in the name of A Francis, 81, Clapham Road—eighty-eight pages were printed for him, to be used with other books, some of which Griffith and Far ran would require, and others would be used as specimens—I printed twenty copies, and they were delivered at his place in Clapham Road—I was never paid.
Cross-examined. I printed eighty-eight pages from the title, including preface, in two sections—we also delivered a block for the cover—he said he only wanted twenty copies as specimens—the arrangement was for cash on delivery—I was asked whether it was not usual to give six months' credit—I said, "No; that three months' would be a sufficient credit"—I did know Francis before—£10 was the amount he owed altogether—it was partly manuscript and partly printing.
WILLIAM PERCY WALKER . I am a colonial agent and publisher, of 161, Queen Victoria Street—on 17th January last Price called on me; he said he was a canvasser for Messrs Cassell and Co, the publishers—he said they were bringing out a cyclists' road-book, and he thought it would be a very good thing for me to advertise in, as it would have a large circulation, and it would be distributed gratis to all the clubs, hotels, and headquarters throughout the United Kingdom; he further put it forward as an inducement to pay for a special advertisement—I gave him an advertisement and gave him this cheque for £2, payable to Cassell and Co; I crossed it" to payee's account"—it came back through my bank, endorsed "Cassell and Co, "in the same way as the endorsement on the book—I got this receipt for the money; it bears the same signature—I asked the prisoner about the address—he said, "Oh, they are separate publishing offices, taken to bring out this book"—he came back the same day, about an hour afterwards—he said, "Now, I have a special position in front, "and he would insert the advertisement for me very cheaply—I said I considered £2 was quite enough to spend on the work—he said, "Well, I won't take cash: I will take two of your watches"—I said, "Yes; but that is a strange way for Cassell and Co to do business"—he said he would make it all right with them—I gave him the two watches, value 25s., and he gave me this receipt—we were advertising them as "Cyclist Watches"—I asked him if he could get me a review in their journal—he said, "Oh, yes, and in several provincial papers"—he asked me to show him a former review that I had in another paper for him to take notes from, and he pretended to take notes in shorthand, but I could not recognise the system—I saw him later on at my stall at the Crystal Palace at the Stanley Exhibition, and he wanted me to give him another advertisement for the title-page—I said, "No; decidedly not"—he then went away, and I did not see him again till he walked into my office, and I had him arrested—on the second occasion that I saw him
I asked him if it was the firm who were publishers of Cassell's Saturday Journal—he said, "Yes"—I said, "Is it Cassell, Petter and Galpin?"—he said, "Yes; the same"—but he evaded the question—these are the two watches.
Cross-examined. He gave me this receipt on 17th January, when I asked him about a review—he said he would do his utmost to get me one in Cassell's Saturday Journal—when I pressed Price about Cassell and Co he evaded the question—he afterwards said, "Not exactly so"—I did not open the "Road Guide," I merely glanced at it—I wrote a letter to the Cyclist Press on this subject, stating "Cassell and Co have made up their minds to assist me in procuring a conviction"—I wrote that in the interest of the cycling trade—I naturally believed that this was a book that was going to be published by Cassell and Co—on the second occasion Price said to me, "Ihave been instructed to go to the Waterbury Company, but I thought I would come to you first"—they sell cheap nickel watches similar to mine.
Cross-examined. I have known him for three or four years, always in the name of Francis—he lived at 4, Wilson Road—I only knew him as a customer buying ironmongery and glass—he always paid for his goods—I know nothing against him.
SAMUEL JAMES PRESCOTT . I am a pawnbroker, of 33, Church Street, Camberwell—I know Francis by sight—on 23rd March this metal watch was pawned with me in the name of James Elliot for 4s.—this is the duplicate.
HENRY ADAMS . I am a cycle agent, trading as Buckingham and Adams, 46 and 48, Queen Victoria Street—on 26th January Francis called, and said he called for advertisements for Cassell and Co; he said he had a book which would be sent round to all the principal hotels—he showed me the book, and wrote Buckingham and Adams on the inside of the back of the cover; he said they were shortly going to press, and he offered me the half-page for £2—I beat him down to £1—I gave him a cheque for £1—when I parted with the cheque I believed Cassell and Co, Belle Sauvage Yard, were the publishers bf this book—I drew the cheque to the order of Cassell and Co—it is endorsed Cassell and Co—I got this receipt, signed "Agent, A Francis"
Cross-examined. The first statement of the prisoner was that they were about to publish a cyclists' guide—this is the book he wrote on—I took the book in my hands—I believe he opened the map—I did not notice it had been engraved for Griffith and Farran—I said it was unusual to pay previous to the advertisement appearing, and he said the name of the firm was sufficient guarantee—I did not examine the book very minutely to see if the address was in it—I did not see the other man.
THOMAS DANCY . I am clerk to the last witness—I was present part of the time when Francis called—MR. Adams asked me to give him a cheque—the prisoner gave me a receipt—I asked him whether he came from Belle Sauvage or Belle Sauvage Yard; he said "Yes"—I asked him if he
knew any of the fellows, mentioning Mr. Pear and Mr. Francis—I am not sure if he answered, but I am under the impression that he did—I had been there.
Cross-examined. I had given him the cheque and taken the receipt before the conversation occurred.
PETER PICARNEY . I trade as Picarney, Lisle, and Co, Coldharbour Lane, Brixton, cycle manufacturers—on 19th February Francis called and produced a book like this—he represented he came from Cassell and Co—I knew the book as having been promoted by Mr. Spencer; Francis said it was taken up by Cassell and Co, and that they intended doing a big thing with it—I gave him a cheque for two guineas for a page facing matter—when he gave me the receipt I noticed Red Lion Court, and I spoke to him about the address—he said, "This is the publishing office," or" one of their publishing offices," and he said it was the same as Belle Sauvage Yard; believing that statement, I parted with my two guineas—I believed that being promoted by them there would be some advantage in it, that it would be a success—I made the cheque payable to Cassell and Co, and it came back paid through my bank, endorsed Cassell and Co—this is the receipt.
Cross-examined. I know there is a book by Spencer, the author of the "Modern Gymnast," &c—Belle Sauvage Yard was mentioned prior to the cheque being given, or in the act of giving it—I glanced through the book, but I took most notice of Cassell and Co on the front—the prisoner took care to impress on me that I was dealing with no other than Cassell and Co, Belle Sauvage Yard, by what he said, and he satisfied me on the point—I satisfied myself it would be an advantageous advertisement—I parted with my money in the belief that it would be circulated at all headquarters and hotels in the kingdom—I had a copy of the book, which I wanted for a customer, left at my house—I went to Red Lion Court—I could not find anything about him—afterwards I told him I had been there, and he said it was Red Lion Court, Holborn; anyone would know him there—I sent him two or three blocks to print from—I have not seen them since.
Re-examined. I did not know Griffith and Farran's book—I did not know that the whole of this book was taken bodily from theirs.
FREDERICK COOK . I am agent for Ullmer's Musical Cycle Bell Company—on 22nd February Francis called and showed me a book like this—he said he had called about the book that his colleague had seen me about at the Crystal Palace when I was at the Stanley Show; that they were going to press on Monday, and if I wanted my advertisement, which his colleague had told him I had half promised to have, appear, he must have particulars there and then, as he had to send it in—I consented to give him an advertisement—I went and got the blocks, and then I saw Cassell and Co, Red Lion Court, on the receipt he gave me—I said, "I did not know Cassell's had another place besides Belle Sauvage Yard"—he said they had this office just to bring out this guide-book—I brought out a copy of Cassell's Saturday Journal and said, "They don't put Red Lion Court on this"—he said, "No, because they are bringing out a work that was brought out by Griffith and Farran, and they are keeping it distinct from their other business"—I said, "I asked your colleague at the Crystal Palace about it, and he said it was the same as 'Cassell's Guide-book,' so I suppose it is the same as Cassell's Time-book' that is
published monthly"—he said, "Yes, certainly it is"—then he showed me the inner back part of the cover, and said I could have that half-page for 30s., as the party who had taken it was not going to have it then, and that that was all the space they had to spare for the advertisement—I agreed to take it—I gave him £1—next day he came for the blocks—he showed me the front half-page where I had seen Walker was going to have an advertisement for his watches, and he said, "We are going to print on Monday, if you like to have that front page, which is the best in the book, you shall have it for another sovereign"—I said, "No," and at last he said, "You shall have it for another 10s."—I agreed, and gave him another 10s.—this is the receipt—I had seen Price at the Cyclist Show several times.
Cross-examined. Price told me at the Stanley Show that he was employed by Cassell and Company—this A. Francis, 31, Brooke Street, Holborn, was written by Francis as his private address, in case I wanted to write to him about the blocks—I did not know Cassell and Company Were a limited company—I went to see Mr. Walker about two days before last session, the case was standing for trial then—I met Francis at Ludgate Hill Station, and asked him for my blocks back, and he brought them next day—he said he intended to publish the book—I said, "Why not give the money back, and then there would be none of this bother?'—I had never seen him before.
MR. WOOLWICH. I am a cycle manufacturer, of the Brockley Cycle Works, Brockley Road—on 26th February Francis called to ask for advertisements for this book—he said it was about to be brought out in three weeks' time by Messrs Cassell and Company—I said, "There is the name of Griffith and Farran on the book"—he said, "It used to be published by Griffith and Farran, but Cassell's have now taken it over, and are bringing it out, and copies are to be distributed to all cycling hotels in the kingdom"—he thought it would be a good thing to advertise in it, and I thought the same—I believed that Cassell and Company were going to bring it out, and that he was their traveller—I parted with 2s. on account of 10s.—I showed the receipt to Mr. Petter, whom I knew, and in consequence of what I heard I did not part with the" rest of my money.
Cross-examined. 2s. was all I paid—I did not know Spencer's Cycle Directory, which Cassell and Company, Limited, brought out in 1884, and Griffith and Farran in 1887—he said Cassell and Company had bought it from Griffith and Farran—he said the guide would be sent out to all hotels where cyclists put up, and I believed that I should have my advertisement printed and published in a valuable book.
SYDNEY CHARLES JENNINGS . I am a cycle manufacturer, at Rotherhithe—on 27th February Francis called for an advertisement for Cassell's Cycle Directory—he wanted to claim that he had seen me at the Crystal Palace, but I said I had not seen him—he must have had the book open in his hand, and I being familiar with a copy of Cassell's Cycle Directory, at once, without asking him a great number of questions, concluded it was the thing he was collecting advertisements for, and I did not go into particulars with him as to what the particular issue of the book was—he said he was going to make a great success of it; that he was sending a great number to headquarters of the cyclists' clubs—I parted with a guinea—I got this receipt—as I was letting him out of the door I noticed
11, Red Lion Court on the receipt, and I remarked, "That is not Cassell's address"—he said, "Oh, I think they are cousins".
Cross-examined. I took the book in my hand—I concluded it was the same thing as Cassell's Directory—I supposed I was having my advertisement put in that—his application was for an advertisement for the Cycle Directory—I did not know if there was a map in Cassell's; or if it has been published since 1884—I did not know Griffith and Farran had published a road-book—from what he said I thought he was going to bring it out this year as in previous years—to my knowledge there was no other Cassell and Company in existence—I gathered he was showing me last year's edition to get advertisements for this year—I don't know the date of the last edition of the Cyclists' Directory; I can't say when I, had last seen it—Cassell and Company, Limited, is printed on the last page of this old directory; not one in 500 know it is a limited company—he said it was the last space, and had taken him a long time to fill up; he asked 30s. first—I had not advertised with Cassell and Company before—when he said they were cousins, I said, "Then I suppose there is another Cassell, as there is a Castell Brothers?"
CHARLES WHITE . I live at 14, Christchurch Road, Hampstead, and am a bicycle oil-refiner—in March last I saw Price at my place of business—he produced a book similar to this—he said he came from Cassell and Company, and that he was canvassing for advertisements; that he had a special position he wanted to let to me for 30s.—I said I could not be bothered, as I was very busy, and I did not intend to advertise any more than I had done—he pressed me and said he could offer me a very good position, and that I was missing a good opportunity, as the well-known firm of Cassell and Co intended to make the book a great success that coming season—my hands were dirty; he did not wish me to handle the book very much—I parted with 5s. or 10s. as the first instalment for a small advertisement—two days afterwards he called again, and said he had a special page to let, and he thought my advertisement would look wonderfully well in that position—ultimately I paid another 10s.—altogether he got 17s. from me—these are the three receipts.
Cross-examined. I understood that Price was employed by Cassell and Co, the well-known firm, as advertisement canvasser—I was showing at the Crystal Palace Stanley Show—I don't remember seeing Price there—I distributed handbills there—Price took these receipts from a book, and gave them to me.
JAMES ANTHONY . I am a spring luggage-carrier maker, of Green Lanes—on 11th March Price called and introduced himself as the representative of the old firm of Cassell's—he said, "I represent Cassell's"—he showed me a road-book and guide bound in red—I said it was rather thick for a cyclist to carry, and that it was useless that size, and I said, "I think a book of this description has already been published"—he said, "Yes, about four years ago, but this is going to be reproduced by the old firm of Cassell, and will be done in a proper manner"—I think he said 700 copies would be distributed gratis; at all events a very large number—he explained the benefit this book would be to the trade, and after a long conversation I said, "Do you mean to tell me this is Cassell the publishers, I mean Cassell, Petter, and Galpin?"—he said, "Yes, that was the name of the old firm"—that conveyed to my mind the impression that I was dealing with Cassell; I considered he belonged to the true
Cassell—I paid him 5s. for a small advertisement with a special heading, "Luggage-carriers"—on 20th he came again, and said he had got a half-page left, which he could let me have cheaply, and it ended in my paying him 24s. for that half-page—he gave me a receipt—I gave him one of my luggage-carriers, which he was to make a drawing from—I did not see him again till I saw him in Court—I lost an umbrella that day.
Cross-examined. I was not examined before the Magistrate—I heard of the case, and I went to Cassell and Co, Limited, after I saw Mr. Walkers letter in The Cyclist—I made a drawing of the luggage carrier, and gave it to Price, and provided him with what I wanted to put in the advertisement—I had the book in my hand for a few minutes—I knew it was a route book and directory; it would be different to former guides, in that advertisements would face subject-matter—I satisfied myself it would be a valuable publication and parted with my money.
EDWIN FRANK BARNARD . I am manager to Griffith and Farran, book sellers, of St. Paul's Churchyard—they are still publishing the Cyclists' Road-book, which is our property, and has never been parted with—this map is ours—the whole of this book is the same as ours, with the exception of the title-page, the table of contents and preface—the road-book is taken bodily from ours.
Cross-examined. I have seen the Cyclists' Directory printed by Cassell and Co, Limited, in 1884; I never saw the inside of it—I don't know it had no map—that was written four years after we published ours; we published ours in 1880—they are both by the same author—we sold some thousand copies in 1880—two or three times remnants of 100 or 200 have been sold by auction—this is one" of the present edition—the map is our property; it was originally published many years ago by our firm—we publish editions of this Directory at intervals of a year or two years—the last printing was February, 1888; it might have been February, 1887, I could not swear—the book is entered at Stationers' Hall complete; the map is part of the book—it is not published in any other way.
WALTER JAMES WOODS . I am counting-house manager to Messrs Cassell and Co, Limited, Belle Sauvage Yard, Ludgate Hill; it was formerly called Cassell, Petter, and Galpin; they are printers and publishers—I do not know of any other firm in Fleet Street or Ludgate Hill called Cassell and Co doing a legitimate business—I knew two firms which disappeared before the police could find them; they were Cassell, Peter, and Macalpine—in 1884 we published the "Cyclists' Directory," it was written for us by Mr. Charles Spencer, who also wrote the "Cyclists' Road-book "for Griffith and Farran—neither of the prisoners have any connection with Cassell and Co, nor were they entitled to, represent themselves as coming from them—the police brought this book to me; I find it to be made up of the map published in the "Cyclists' Road-book "by Griffith and Farran; some pages printed by Norman and Sons; then some forty-eight pink pages, which appear to be extracted out of some local guides published by Kelly and Co, formerly published by Hutchison and Crowsley; in another copy there were some yellow pages also out of "Kelly's Directory"—the rest of the book is made up apparently of pages from the "Cyclists' Road-book"—we are the publishers of the Saturday Journal—the signature on the outside of this book is very similar to the signature of our managing-director, near enough to deceive a casual observer, in my opinion.
Cross-examined. The Saturday Journal has "La Belle Sauvage" on it, nothing about Ludgate Hill—the directory part of the book would require to be corrected from year to year—we had no road-book or map in ours; we sold ours for 2s.—that was after we knew the road-book had been published by Griffith and Farran—we have had to enforce copyright—you must register before you take action—we have not printed any copies of our directory since 1884.
FREDERICK DOWNES (City Police Officer) I arrested Price on 22nd March, when I saw him at Bridewell Place Police-station—I told him I was a police officer, and held a warrant for his arrest for obtaining £2 and two watches from Mr. Walker for an advertisement in the "Cyclists' Guide"—he said the work would be published; there would be a large circulation of it, but he was the agent of a man of the name of Francis, who had offices at 11, Red Lion Court, Fleet Street, and 31, Brooke Street, Holborn; all moneys that he received he paid to Francis, and received commission—he said the book would be published, and Mr. Walker's advertisement would appear at the foot of a page—he was carrying the "Cyclists' Guide and Road-book"—I asked him where it was published, and he said it was published by Francis, at Red Lion Court, Fleet Street—I searched and found this receipt-book on him; it also contained receipts for the "Engineering and Building Trades' Directory"—they alleged to have offices at 150, Strand, and were signed, "Theodore Francis and Co"—there was also another book referring to receipts, which I have every reason to believe refer to someone who was obtaining advertisements for Murray's Time Tables—I also found a quantity of papers, twelve duplicates; among them one for a watch pledged for 3s. 6d.—I said, "This refers to one of the watches you obtained"—he said, "Yes, and Francis has the other one, and I believe he is wearing it"—another of the tickets was for an umbrella—I made inquiries at 11, Red Lion Court, and 31, Brooke Street, Holborn—the latter place is a dispensary—I and another officer afterwards arrested Francis in Peckham—I said, "We are police officers, and I hold a warrant for your arrest in conjunction with a man named Price"—he said, "Yes, I have been expecting you; I heard of Price being in custody last Tuesday; I went to the Mansion House to see what it was all about, but I could not hear what I wanted"—I took him into a by-street, and read the warrant to him—he said it was no fraud; the thing was already in the press, and had been for the last month—I said, "Where?"—he said, "You will find out later on"—I said, "You have one of the watches that was obtained by Price"—he said, "No, I have not"—I said, "Where is it?"—he pointed to a pawnbroker's opposite where we were standing, and said, "It is over there; I pledged it last Saturday for 4s."—I asked him where the ticket was—he said ho did not know, he thought it was at home—he said, "I am very sorry that I employed Price, he is a drunken fool, and does not know what he is talking about"—I conveyed him to Bridewell Police-station, and found on him a quantity of papers referring to advertisements, about 33s., and a book similar to one found on Price—I asked him where this book was published; he said that was his business—I said, "You alleged to have offices at 11, Red Lion Court and Brooke Street, Holborn"—he said, "I endeavoured to take an office at 11, Red Lion Court, but I could not negotiate with Mr. Bryant
there; I have had letters addressed to Brooke Street for some time past—there is nothing there but a dispensary.
Cross-examined. I was not examined before the Magistrate—there is no indictment for stealing an umbrella; there will be; the umbrella has been identified; no one has charged the prisoner with stealing it—Francis said he had the use of Dr Harcourt's office at 31, Brooke Street for two months past—I have endeavoured to get Dr Harcourt here; he is not here—he said, "This does not look much like a fraud, when I have taken orders for it today"—I believe all the people mentioned in the counterfoils have been communicated with; there are similar cases to these—Mr. Smith, of Old Broad Street, declined to come, but we have got his receipt—I know of one instance where a person who gave an order said he would pay after publication of the book—he wanted to come as a witness.
Re-examined. I could not even see Dr Harcourt Francis received a good character
NOT GUILTY .
432. THOMAS BAETON (47) Pleaded GUILTY to 22 indictments for forging and uttering transfers of the London and North-Western Railway Company's Stock— Ten Years Penal Servitude [The Grand Jury and the Recorder commended the conduct of Inspector Jarvis, who arrested the prisoner in America] And
433. JAMES CARTER (32) , to stealing a bag and other articles, the property of James Thompson Hackett; and to stealing a bag and other articles, the property of Percy Walters; also to a conviction of felony at Morpeth in April, 1874— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
NEW COURT.—Monday, May 6th, 1889.
Before Mr. Common Serjeant.
For cases tried this day, see Surrey Cases•
OLD COURT.—Tuesday, May 7th, 1889.
Before Mr. Recorder.
435. JOHN BEDDES (36) and FREDERICK SAUNDERS (24) , Unlawfully conspiring to obtain orders for the payment of money, the property of H M Postmaster-General SAUNDERS Pleaded GUILTY . Messrs FULTON and H C RICHARDS Prosecuted; MR. KEITH FRITH Defended.
DICK DALLREY (Policeman P 157) In consequence of instructions I received I kept observation on the prisoners from 16th, March to 5th April; I found that Beddes resided at 10, Kempshead Road, and Saunders at 21, Smyrks Road; they are about 200 or 300 yards apart—I noticed them going out together every morning from 9 to 11 with a pony and trap; Saunders got it from a mews in Sarah Ann Street; he would drive away through Rodney Road to Beddes' place—I followed; I was in plain clothes—I saw this every morning except once, on the 22nd
—Saunders pulled up at Beddes' place, went in, came out, and drove to his own house, then back again to Biddes' house, picked him up, and then drove towards the Old Kent Road—I watched them on their return—they came back together, sometimes to the Albion public-house in Rodney Road; sometimes he would drop Beddes at the public-house, and take the pony and cart to the stable—on 24th I noticed that Beddes had shaved off his whiskers—I am sure he is the same man.
Cross-examined. I have no notes or memoranda of dates—I had not received any special instructions to watch the prisoners, I acted upon police information—I simply reported to my inspector, and he put me on plain clothes—except on 23rd I saw the prisoners go away together, and return together from 8 to 10 in the evening, when it was dark.
EMMA LYNCH . I keep the Waltham New Town Post-office—on 16th March, between 3 and 4 in the afternoon, Saunders came and asked hurriedly for six pennyworth of stamps—there was another customer in the shop at the time—I left the customer to serve Saunders—I gave him the stamps and he put down a sovereign—I had not change in the till, so I went round to the sitting-room, which joins the shop by a glass door, to get change from the cash-box—as I returned into the shop Beddes came in—I sent my daughter into the shop with the change—a lad named Kimberley was in the shop—I heard Saunders say that he did not require the change; he did not know that he had given her a sovereign—he wanted the sovereign back—she laid the change down on the counter in front of Saunders—I heard him ask a lot of questions with regard to the Australian mail and French stamps—I was in the shop all the time—I was very suspicious—in the meantime Beddes came over to my counter and asked me for a French stamp—I said, "You will get it on the other side," referring to where my daughter was—he went over and pushed in with the other man, and said to my daughter, "Iwant a French stamp"—he then came back to me and asked me for a pennyworth of elastic, which I gave him, and he gave me a penny—I came round from the counter to the middle of the shop, where I had an opportunity of seeing both the prisoners—Beddes then went out—Saunders turned round and faced me, and said, "I am so sorry the mail has gone, for it was important to me, as my uncle has died and left me some thousand pounds, and it is important I should go"—he then left—after they had both gone my daughter made some communication to me about some postal orders—I next saw Beddes at Bow Street, in a room with several others—I picked him out—he is the man.
Cross-examined. I am sure he is the man—I did not say at Bow Street, "At first I said I thought the tall man was the man"—I signed my deposition—when I first went into the room there were two men very much alike, one standing next to Beddes; and I said, "I think that is the man; "I looked again and then I said, "No, you are the man"—I was asked to describe his dress, but I could not do so—I am sure this is the man—I had to take a second look—the policeman who was with me told me to look—I don't think I said the other men were very little like what I had described to the police.
Re-examined. There was a man very like the prisoner standing next to the prisoner—there were seven men there; they were not at all like the prisoner—I am sure he is the man; I could pick him out anywhere.
I saw the prisoners come in the office—Saunders said, "Did I give you a sovereign? I thought it was a shilling"—I don't know what I replied, but I laid 19s. 6d. on the counter in front of him, and gave him the sovereign when he asked me for the change back—he then asked me when the Australian mail went out, and then asked for a French stamp—I told him an English one for 2 1/2 d. would do just as well—he said, "No; I want a French one"—he then asked me for two postal orders for £1 each—the money was still on the counter before him, and he had the sovereign in his hand—he placed it on the silver, then picked up a sixpence and put down a shilling, making £2, and he gave me a threepenny-piece for the commission—I gave him the two postal orders—Beddes was in the shop at the time, and I served him with a French stamp, and he gave me threepence and I gave him a halfpenny change; he then left—after they had both gone I found I had been done out of a sovereign—these (produced) are the two postal orders I gave Saunders; they now bear the name of "J Hay, 40, Hill Street"; that is on the road to Enfield, about half an hour's walk from Waltham New Town—the orders were paid the same day I issued them.
Cross-examined. I said at Bow Street, "Ihave not sworn to Beddes, I do not swear to him now "; that is true; I did not swear to his face; I said he was the man to the best of my belief, and so I say now.
ARTHUR KIMBERLY . I am 13 1/2 years old—I was in Mrs. Lynch's post-office on 16th March, between three and four—I heard a conversation about postal orders and French stamps; one man came in first and another afterwards—I saw them arrive in a pony-trap—I did not see them go away—I do not swear to the men.
ABIGAIL ARNOLD . I am assistant at the Cannon Street Road Post Office, St. George-in-the-East—on 19th March, between three and half past, Saunders came in, and asked for six penny stamps—he gave me a sovereign—I was giving him 19s. 6d. when he asked for two half penny stamps—he then said, "Did I give you a sovereign; I thought it was a shilling"—then he said, "If you will give me the sovereign back I will give you silver for it"—I gave him the sovereign, and he put down a pound's worth of silver and the sovereign, and said, "I want two £1 postal orders"—he asked me the commission; I said 3d. for the two—I gave him the orders—I did not get back the change for the sovereign—he then left—these (produced) are the two postal orders I gave him—they are now receipted in the name of H Gay, and were paid the same day at another post office—while Saunders was in the shop another man came in, and spoke to Miss Dodsworth—he did not speak to Saunders—I should not know him again.
ALICE ELIZABETH DODSWORTH . On 19th March, between three and half-past, Saunders came into the office, and another man followed afterwards—no other persons but Abigail Arnold and myself serve in the shop—I believe Beddes to be the second man that came in—he asked me for an article that was in the case; I' showed him several; none of them suited him; he was dissatisfied with all—he then went out while Saunders was being served with the postal orders—they went out almost together—he kept my attention till Saunders was served; he did not buy anything.
Cross-examined. When I saw the prisoners at Bow Street Station they were placed with several other men—I am afraid I did not look at them
very carefully, I was so confused; I looked at them twice, but could not recognise them—afterwards when they were sitting down I saw their side face, and then recognised them when I was calmer—they were then in the dock.
RICHARD AUGUST PALLISTER . I am assistant to the Post Office receiver at Canning Town, about a mile from the Custom House at Victoria Docks—on 19th March, about half-past four, Saunders came into the office and presented these two postal orders for payment—he wrote the name, "H Gay," in my presence—I paid him a sovereign and he left—a woman was in the office while he was there—when she went out Saunders came back and said, "Oh, I thought there was something else I wanted, I will take three stamps—he offered a sovereign in payment; I gave him 19s. 6d. in silver change, and 3d. in coppers—he said, "Oh, did I give you a sovereign; I thought it was a shilling; if you give me the sovereign back I will give you silver for it—I gave him the sovereign; he put his hand in his pocket, not giving up the pound in silver, and brought out a sovereign, a half-sovereign, and 10s. in silver, and said, "I will take two postal orders for £1 each; how much is the commission, and when does the mail go to Australia?"—he was told Friday, but he kept on repeating it—while this was going on another man came in, who I feel pretty confident was Beddes—he said, "This is a wet afternoon, it would wet you to the skin in about an hour"—he said, "I want a registered envelope; I served him with it—he said, "Look sharp, as I want to get up to Stratford"—I gave Saunders the two postal orders in exchange for the sovereign, the half-sovereign, and the 10s. in silver—these (produced) are the two postal orders—they are now signed G Hay, and bear the stamp of Great Dover Street of the same day—I was done out of the sovereign.
Cross-examined. I am not certain about Beddes—since the introduction of postal orders there has been a great demand for registered envelopes ALICE ROSE NAYLOR. I am an assistant at Harlesden Green Post Office—on the afternoon of 2nd April, about half-past four, I was on duty there; Saunders came in and asked for sixpennyworth of stamps—he gave me a sovereign in payment—I gave him half a sovereign and 9s. 6d. in silver in change—he seemed surprised; and said, "Did I give you a sovereign?"—I said, "Yes"—he asked me if I wanted change; I said I did not—he then asked if I would mind giving him back the sovereign, and he would give me the silver—he attempted to take the sovereign—I said, "I don't mind"—he then gave me one half-sovereign and 9s. 6d. in silver—I told him there was only 19s. 6d.—he attempted to take the sovereign, but I said, "The silver first, please"—he then began counting it, and while he was counting it Beddes came in and asked for a pencil—I referred him to the other counter—Saunders then took up 2s. from the money, and put down 2s. 6d., so as to make up the pound—Beddes then came forward, seeing Saunders was getting excited, and said, "Oh, it is not two £1 orders that he wants, it is two 10s. orders"—I said to Saunders, "Why did not you say so?"—I have no doubt that Beddes is the second man that came in—I have never had the smallest doubt.
Cross-examined. I gave a description to the police on that day—I described the hat and clothes and face of Saunders, and also of Beddes—I was not quite certain whether the second man had whiskers or moustache;
I am not able to say now—when I picked Beddes out at the Police-station I just glanced at the other men—I could not say whether any of them had whiskers or moustache—one of them had bad eyes—the men at the office had their hats on—I am not quite sure whether the men at the Station had their hats on—I did not see Beddes at the station with his hat on—I said he had dark clothes and a hard felt hat, but I am not certain about that.
Re-examined. The police did not interfere—I pointed out the prisoner at once—I noticed his eyes most of all—I recognised him by the expression of his face, his eyes, and the marks across his forehead—he had scarcely any eyebrows—I have no doubt whatever of his identity.
CHRISTINA STEVENSON . I am assistant at the Custom House Station, Victoria Dock Post Office—on 19th March, about half-past four, Saunders came into the office and asked for sixpennyworth of stamps—he tendered a sovereign; I gave him change—he said, "Did I give you a sovereign?"—I said, "Yes"—he said, "I thought it was a shilling"—he asked if I would give him the sovereign back as he did not want so much silver—he put down the sovereign on the counter with the silver, and asked for two postal orders for a pound, and asked how much was the commission—I said I wanted another pound—he took no notice of my request; he still asked for the orders and how much was the commission—I picked up the pound's worth of change, and gave him two orders for 10s.—whilst this was going on another man came in, and came to my counter, and asked for two stamps—I cannot recognise that man.
THOMAS PATTISON (Policeman P R 35) I was with Dallrey on the days between 16th March and 6th April—I saw the two prisoners go off in a pony-trap every day, and come back in the evening—I reported the matter to my inspector, and was instructed to keep observation—about half-past nine in the morning of 5th April I arrested Beddes—I told him I should take him into custody for ringing the changes in the suburbs, at the post offices—he said "All right, I never rung the changes, I will go quiet, don't handle me"—on the way to the station he said, "I shan't go any further unless you tell me the precise charge"—I then took hold or him by the arm, and he walked quietly to Rodney Road station—at the station he was placed with others, and was identified by Miss Naylor at once—at the station he said, "What are you detaining me here for?"—I said, "That young lady from Harlesden has identified you as one of the men who attempted to ring the changes"—he said "What, because I entered the shop and bought a pencil while he was there?" pointing to Saunders—he said, "I often buy pencils, because I keep dropping them in my business"—on Monday, 8th April, I searched the house, 10, Kempshire Road, and there found a blank registered, envelope.
Cross-examined. His words were, "Because I entered the shop and bought a pencil, "not" because it is said I did so"—Saunders was there at the time—it is quite possible that Saunders might have told him that the young lady said that—they had been detained there about an hour.
Witness for the Defence.
FREDERICK SAUNDERS (the Prisoner) I have pleaded guilty to this charge—I came to know the prisoner by buying my stock of him, brooms and brushes; he is a brush and broom dealer and maker—I have heard the evidence of the police as to my being with him occasionally from
16th March to 5th April—I can explain it; I went to buy my stuff of a morning with my pony and cart to his house, and bought my stuff, and we always used to go to a public-house to have a drink, from there I used to give him a ride to Kent Street, where he used to buy his stuff, and occasionally I was with him of a night, but he was never with me in the pony-cart in the daytime—he was never engaged in this business of ringing the changes, he was never with me—I had an opportunity of telling him at Bow Street what the young lady said about his buying a pencil; I did tell him—he was never with me on any of these occasions—I used to see him of an evening to tell him what I should want in the morning, and to have a drink—he would sometimes get into the cart and have a drive—I have been in trouble before.
Cross-examined. It was at the police-station at Bow Street that I told him about the pencil—I am quite sure of that—I did not say anything about it at Rodney Road Station; I am quite sure about that—I was engaged in ringing the changes on 16th and 19th March and 2nd April; that was my business at that time—I had to serve some customers before I went to these shops—I did not pick up Beddes in the trap on 15th March; I began on the 16th, and it ended on the 5th April—I bought the pony and cart in March—it was another man who was with me on all these occasions—he was a brush and comb dealer—he had not got weak eyes—he was not the least like Beddes—nobody could mistake him for Beddes; he is a short, stout man, pitted with the small-pox—it was he that went with me to Miss Naylor's and the other places, always the same man—I can't say where he is now, he might be in New York for what I know—I last saw him about the 1st April—it might have been; I can't say—I saw him, I say, after we were at Miss Naylor's—I did not ring the changes with him that day, he got no share in this; I had the lot—I don't know where he is now—I have pleaded guilty to all these charges, and to a previous conviction at the Surrey Sessions, for stealing jewellery, value £70, from a dwelling-house.
Re-examined. The persons that go out ringing the changes carry on an ostensible trade—I took the brushes and broom as a blind.
By the COURT. It was not Beddes who went with me—the other man went with me in the pony-cart—I took Beddes up in the cart of a morning on all the days that have been mentioned; he was not in the cart above ten minutes or a quarter of an hour every morning, to have a drink.
THOMAS PATTISON (called in reply) The first identification of Beddes by Miss Naylor took place in the reserve-room of Rodney Road Station—it was in an accommodation cell in Rodney Road Station that Beddes spoke about the pencil—they were at Bow Street the next morning.
By MR. KEITH FRITH. I have a note in my pocket-book about this; it does not show that it took place at Rodney Road Station; I swear it did take place there.
BEDDES received a good character.
GUILTY — Ten Years Penal Servitude each.
MESSRS FULTON and H. C. RICHARDS Prosecuted;MR. KEITH FRITH
DELILAH COOK . I am a married woman, I and my husband keep the Post-office at East Barnet—on 1st October a man (not the prisoner) came in for 5s. worth of postage stamps—he gave me half a sovereign—I had not sufficient change, and went into my back parlour to get silver, after locking the shop drawer—I opened my cupboard, and took the cash-box out of the drawer; I heard a rustling of paper in the shop—I looked through the glass door, and saw the prisoner in my shop, emptying my counter drawer into a black bag which he had—the counter drawer contained postal orders of the value of £40, and stamps, the property of the Postmaster-General—I did not see the first man then—I came towards the shop; the prisoner met me as I came into it—he clutched me by the throat tightly, pushing me back to the table where my cash-box was standing in the inner room—he lifted the tray containing £42 18s., belonging to the Postmaster-General, and £19, my own private money, from the cash-box, and put it into the bag—I was struggling with him at this time; he continued to hold me with his left hand, and prevented my calling out—I repossessed myself of the postal orders he had' then from the drawer—just then I heard my sister's step coming up the stairs—the prisoner then beat me violently about the head, face, neck and hands, with some instrument; I don't know what—I became insensible—when I came to I found the man was gone, and my sister was standing by my side—one of the postal orders was bespattered with my blood—as soon as the prisoner came towards me I recognised him as a man I had seen about two years previously, when he called to inspect the water tank—I asked him if he came from the Barnet Company—he said no, he came from the London District Water Co—my sister, Miss Crick, was present on that occasion, and saw him—I did not hear anything of the Water Company afterwards—in October, sixteen days after the robbery, some persons were brought to me for the purpose of identification—the prisoner was not one of them, and I did not identify anyone—on 12th April I was taken to Bow Street, and I picked the prisoner out from others as soon as I could speak—as soon as I had sufficiently recovered from the effects of my injuries, I gave a description to the police of my assailant—I was for a considerable time under the doctor's hands; he is still attending me—I got much worse after the first fortnight—I am still suffering—I am lame, which I was not before.
Cross-examined. I was ill when I gave the description, but not so ill as I was afterwards—I was suffering greatly then—the man had whiskers about one-eighth of an inch long, bristles—I said something about it—I was not certain about a moustache—I described his hat and clothes—his hat was a hard felt one—I saw no other man among those he was placed with who resembled the prisoner; I looked carefully—the gaoler and detective were present.
Re-examined. The description I gave of the prisoner was: age, 35; height, 5 ft 10 in; hair and slight side whiskers, dark; weak eyes; no eyelashes; dress, dark suit; hard felt hat; carried a black bag.
HANNAH CRICK . I am the last witness's sister—in October last I was living with her at the Post-office, New Barnet—on 1st October I was going up from the basement of the house—I heard a noise, and when I got upstairs I found my sister lying in the doorway between the sitting-room and shop on the floor, unconscious—she remained unconscious twenty minutes—the glass panel of the door was broken—no one but my
sister was there—the cash-box was in the sitting-room; it was shut down, but the tray was not in it—the top of the shop drawer had a mark on it; it looked as if the counter had been lifted from the drawer, and the drawer had been opened in that way—my sister made a communication to me when she recovered—I sent for the police and for Dr Fox—I remember the prisoner coming to the house a year or two ago, to make inquiries about the cistern—another man came into the shop at that time, and asked for a registered envelope—the prisoner said he was inspecting the cisterns, and they had to be moved, as they were not in their proper places—I did not talk to him, I saw him there—I have no doubt whatever about him.
Cross-examined. I gave a description of the man two years ago.
Re-examined. There were robberies just at that time in our immediate neighbourhood.
WILLIAM ANDREW FOX . I am a registered medical practitioner, practising at New Barnet—I was called to Mrs. Cook, who I found recovering from a fainting condition—she had been very badly used—she was lying in a chair, and looked like one recovering from a faint or a fit—her nose was swollen, and she had injuries to the back of her head, apparently caused by some heavy instrument—there was a wound on the side of her face, and her wrists were contused, and there were contusions and swelling on the throat, such as I should expect to find on the throat of someone seized by an assailant—two days afterwards her eye became black—I have attended her ever since—she is suffering from spinal mischief, contusion to the brain and spine; the lameness is the result of the injury—I should hope she would be restored to health again; I do not think she will be well for another four months—she has improved of late to some extent.
GEORGE COOK (Sergeant Y 30) I am stationed at Barnet—on 1st October, in consequence of information, I went to Barnet Post-office, and saw Mrs. Cook, who gave me this description of the man who had assaulted her—when the prisoner was arrested at Bow Street she was taken to see him—I examined the shop—the top of the counter had been prized up by some instrument, a chisel or jemmy, I think, placed between the edge of the drawer and the under-side of the counter, so that the drawer could be opened without unlocking it; the glass panel was broken, and a quantity of envelopes were there on the floor.
PHILIP BICK . I am a police officer attached to the General Post Office—in consequence of instructions I went to East Barnet on 1st October—I saw Mrs. Cook, who gave me particulars—afterwards, when the prisoner was arrested on 5th April, I made arrangements for her to come up and identify him—in consequence of the description she gave, he was placed among others and identified GUILTY .
SAUNDERS PLEADED GUILTY to 3 other indictments for stealing Post Office orders, and to a conviction of felony in April, 1888— Ten Years' Penal Servitude each The sentence on the former indictment (page 736) should be 6 months' each.
NEW COURT, Tuesday, May 7, 1889
Before Mr. Common Serjeant.
438. HENRY FROST (27) , to stealing a coat, a walking-stick, a bag, and two books, the property of Joseph Hochgesang— Ten Months Hard Labour There were three other indictments against the prisoner, [Pleaded guilty: See original trial image.]
MR. CRISPE Prosecuted.
FRANCIS JOHN LITTON . I am a meat salesman, of the Central Meat Market, trading as Litton and Co—I live at 7, Highbury Crescent West—the prisoner entered my service in October, 1888, and on 30th March I gave him a week's notice to leave—he had access to my books—on April 1st, after I went home he called at my house, and said that he had papers in his possession belonging to me—I asked him what papers—he said they were extracts from the firm's books—I said, "What books?"—he said, "The meat books"—those were kept in my cypher, and contained the names of the senders and prices—he said that they would be cheap to me at £25—I said, "In the event of my not giving you £25, what do you intend to do?"—he said that he had certain parties ready to receive them, and he should advise—I then interrupted him, and said, "There is the door"—he came to business as usual next day, and I saw him in the presence of Horncastle, one of my clerks, and asked him if he had the papers—he said no, he did not carry such papers for fear of losing them, and that might be inconvenient—I ordered him to go to his work, and went to my solicitors, and acting on their advice I discharged him there and then—on April 3rd I received this letter in his writing (This stated: "If I have not received from you by five o'clock to-morrow evening a cheque for the amount mentioned last night, the letters containing the extracts, etc, shall be forwarded to the different senders whom they concern You know that every step I take is perfectly legal; the papers I now offer you for the last time shall, in another twenty-four hours, prove you guilty of a long-continued system of fraud "Signed, R Ayton) I went to my solicitor about it, and on April 8th the prisoner came to my place of business with a friend, and said, "MR. Litton, it is quite time this matter is settled"—I ordered him to leave my premises, and my friend said, "You had better send for a policeman"—I referred him to my solicitor, and he came next morning for the name.
Cross-examined by the Prisoner. Horncastle was not there when you left on the day you came to my house; you said you wanted to speak to me about a private matter, but wanted to see a friend first; I thought it related to another situation which you were going to get, and said that if the matter was important I was willing to see you at my private house, and I granted you an interview.
FREDERICK BOND HORNCASTLE . I am a clerk to Litton and Co—I was present on 22nd April, when Mr. Litton asked the prisoner whether he had the papers on him—he said no, he did not carry them about with him in case they should be lost, which would prove inconvenient—MR. Litton ordered him upstairs.
Cross-examined. I was present the whole time while you were downstairs, but heard no threats—I said before the magistrate that before
Mr. Litton came in you said that you had certain papers in your possession; that was a mistake.
Re-examined. I said "The accused did not say, 'I have certain papers"; I was confused; I corrected myself directly afterwards.
JOHN FREDERICK EDELL I am one of the firm of Edell and Powell, solicitors, of 4, Cheapside—MR. Litton called on me in April, and on April 9th the prisoner came and said, "I have come from Messrs Litton and Co"—I said, "I suppose with reference to the extracts from the ledger we have been consulted with reference to your letters of the 2nd instant, and as to your call on Mr. Litton at his private residence; you wrote this letter of 2nd April?"—he said, "I did"—I said, "I understand you want £25 for these extracts"—he said, "Yes, "and then said, "No, I won't give them up"—I said, "You mean without a consideration?"—he said, "Yes"—I read the 44th section of the Larceny Act to him, and he said he did not think it applied—I said, "I shall advise Mr. Litton not to give you a halfpenny"—as he was leaving he said, "I am being advised by a friend in this matter, and I have every confidence in his advice"—he then left—he came again next day in consequence of a telegram, and was given in custody—Mr. Litton was there.
Cross-examined. When I read the Act you did not say, "If that is the case I require no consideration for them; I withdraw it"
ANDREW MALCOLM (City Policeman 83) On 10th April I was called to 4, King Street, and Mr. Edell gave the prisoner into my custody; he made no reply—he said at the station, "Idon't deny sending the letter, but I believe I have done wrong in doing so"—I found these papers on him, which appear to be extracts from books.
The Prisoner; in his defence, stated that upon his receiving notice to quit he copied the books by Horncastle's advice, and that Mr. Litton discovered what he was doing, and offered him £20 for all he had copied; and finding they were not all there, told him to bring them all up to his house that evening; that he did so, and Mr. Litton then began to haggle about the price, and got out of temper, and said he could not pay him that evening, as his wife was at home, and told him to bring them next morning; that Mr. Litton came next day two hours before his usual time, and said, "Do you mean to repeat your threat of last night? "to which he replied," I did not threaten you, and do not intend to do so;" and Mr. Litton told him to go on with his work, and went out to consult his solicitor, and Horncastle advised him to write a good strong letter, which he did; that when Mr. Edell read the Act to him he at once withdrew all demand for money for the papers; that the offer of £,25 for them originated with Mr. Litton, not with him, and that he had been educated in so much villany and swindling in the office for six months that this crime appeared as nothing. (The Prisoner received a good character).
GUILTY (Mr. Litton then stated that there was not the slightest truth in the Prisoner's statements)— Eighteen Months' Hard Labour.
440. THOMAS CARROLL (32), OWEN CAREY (27), PATRICK CAREY (25), and WILLIAM WILSON (26) , Burglary in the dwelling-house of Arthur Dredge, and stealing two boxes of cigars, Owen Carey having been convicted of larceny in October, 1883 Mr. BURNIE,for the Prosecution, offered no evidence against Carroll— NOT GUILTY . The other three prisoners stated that they were guilty, upon which the Jury found a verdict of
OWEN and PATRICK CAREY— Nine Months' Hard Labour each ;
WILSON— Six Months Hard Labour.
WILLIAM GORESEND . I am manager to Morris Jacobs, a pawnbroker, of 52, Liverpool Road, Islington—on the night of 17th April I fastened the shop securely, and on the morning of the 18th a constable called me up to replace the shutter, which had been wrenched down.
Cross-examined by Smith. There was a mark on the right-hand shoulder of the shutter, which fitted a screwdriver produced.
ALBERT MASON (Police Sergeant N 38) On 17th April about 1. 30 I was on duty in Liverpool Road, and saw the prisoner Smith with the shutter in his hand, and Jameson holding the shutter bar on the opposite side to me—I went across the road—Smith walked to the right, and I took him—he said, "You are wrong, old chap"—I took him to the house, and found this tool in his coat pocket, which corresponds with an impression on the shutter.
JOHN BOYCE (Policeman N 294) I saw Smith with the shutter in his hand, and Jameson holding the bar—I crossed the road with the sergeant, took Jameson, and said, "What are you doing with that shutter?"—he said, "Nothing, you have made a mistake this time"—they were taken to the station and charged—they made no answer.
Jameson presented a written defence, stating that they saw the shutter lying down, and were going to pick it up when they were taken.
NOT GUILTY .
MR. H. AVORY Prosecuted, and MR. BURNIE Defended.
GEORGE WINGROVE . I am timekeeper to Mr. Fortescue, a contractor, who was doing work in March in Brady Street, Mile End Road, and the prisoner was employed in carting away rubbish—whenever a load of rubbish was carted away I signed a separate ticket, and gave it to the carman—the tickets were dated—he employed three carmen, Smith, Pulbrook, and Crittler—these tickets (produced) were brought to me on 22nd March—they represent twenty-seven loads—sixteen of them are signed by me, the other eleven are not, nor did I give them to anybody—they are larger than my tickets, and they do not correspond with my numbers—I never had the book with these numbers in it—here are forty-three tickets for the week ending 29th March, twenty-two of which are genuine and twenty-one are not—I never gave them out; they came from the same book as the others—all the tickets I used that week were numbered 23,000 or upwards—the prisoner's carmen took out sixteen loads the week ending March 22nd, which correspond with the tickets, and twenty-two for the week ending 29th March—I enter them as the loads go out—the prisoner came there once, and took a load away.
Cross-examined. The practice was for the carmen to report to the prisoner or his wife, or whoever took the management, how many loads were taken out—he was dependent upon them.
Re-examined. I do not know what the carmen do with the tickets, or what the prisoner was doing with this rubbish.
ALBERT EDWARD UNDERWOOD . I am the prosecutor's clerk—it is part of my duty to receive the tickets, which are brought in on Fridays by the carmen, for the rubbish they have carted away—on Friday, March
22nd, I found these tickets (produced) under the door, and next day Mrs. Madge came for the cheque represented by them, and I handed her a cheque for £2 odd; she signed this receipt—this account was delivered with the tickets; it is for £2 9s. 3d., and purports to be an account of the money owing to Madge by my master for carting twenty-seven loads this "hire of cart" means that Madge had not enough carts, and we let him have one, and deducted the amount—on Friday, March 29, Mrs. Madge brought me these two bundles of tickets marked "F and G"—Mr. Fortescue and I had then been examining and inquiring into the previous transaction—Mrs. Madge came again on the Saturday, and I had the cheque drawn out, but it was not paid because Mr. Fortescue was not there, and I knew that he did not mean paying—these fictitious cheques are from a book we were using eighteen months ago—the prisoner was not in the service then.
Cross-examined. It was the practice to leave the tickets one day, and come for the money the next—I had seen Mrs. Madge there on previous occasions; she brought the tickets, but Mr. Madge usually came for the money—she would know that the tickets were left there to be checked—the account for that Friday showed forty-three loads—when she came on Saturday she said, "Have you found my tickets under the door?"—I said, "I don't recollect," and I opened the door and found this account—I did not notice that it was made out, "Debtor to Mrs. Madge," but my attention was called to it at the Police-court—I have seen her write; it is in the same writing as the receipt, which is signed, "Mrs. Madge"—I do not know whether her name is Emma—the cheque is payable to E Madge—I should say that the endorsement is in the same writing.
Re-examined. Mr. Madge was the person with whom I had done business previously—the carmen generally send their wives with the tickets and then come for the money—the second account looks as if it was made out to Mr. Madge.
NATHANIEL FORTESCUE . I am a builder and contractor, of Hackney—in March last I was doing work at Brady Street, Mile End Road—I employed the prisoner to cart away rubbish at 2s. 3d. a load—he has worked for me several years on and off—I did not know Mr. Madge—I paid for the carting on the production of tickets signed by him—on March 23rd I signed this cheque for £2 9s. 9d. to pay Madge on the faith of the twenty-seven tickets being genuine, and of the prisoner having carted away twenty-seven loads—I afterwards examined the tickets with my clerk Underwood, who called my attention to the tickets not being the right numbers, and that it was not Wingrove's writing on them—the book from which the forged tickets were taken has not been in use for eighteen months or two years—I put the matter in the hands of the police.
Cross-examined. I paid the prisoner's wife latterly more than in years gone by—I said before the Magistrate, "I believe he does not write, he has to make a mark, and his wife does all the business;" but I believe that was a mistake, because I have turned up a quantity of bills signed by himself—his wife usually made out his bills—I believe the endorsement on this cheque to be hers.
Re-examined. I do not mean that his wife carries on the business; she makes out the accounts—I had not noticed that this account was made
out by her; I know the prisoner drives a horse and cart, and fetched some of the rubbish away himself.
CHARLES FULBROOKE . I was a carman in the prisoner's service in March, and called for some rubbish for him from Brady Street—I got a ticket from George Wingrove for each load; I put them in my pocket, and gave them over to George Pritlove—I gave him no tickets but those I received from Wingrove.
AMOS SMITH . I was in the prisoner's service in March, carting rubbish from Brady Street—when I carted a load, I got a ticket from George Wingrove, which I put in my pocket and gave to George Pritlove—I gave Pritlove no tickets but those I received from Wingrove.
GEORGE PRITLOVE . I am in the prisoner's employment—I carted four loads from Brady Street, and got tickets from George Wingrove—I also received all the tickets which the other carmen had for the week, and gave them to the prisoner as he laid in bed on Friday morning—I don't know what became of them afterwards—I never handed him any which I had not received from the carmen or from Wingrove—I was with him when he was taken in custody on Saturday, March 30th, and I handed him tickets the day before at 7. 30 a. m.—he was in bed about nine days—he was in bed on the Friday before, when I handed him the tickets about 9 a. m.; he was awake, and I said, "There are the tickets, sir".
Cross-examined. He had some medicine by his side—he was ill about nine days before he was taken in custody—I do not pay any attention to the kind of tickets given to me—I believe he pays the carmen 3s. 6d. a day, and a day is four loads—I was charged before the Magistrate with assisting in this fraud—I was taken with Madge, and the Magistrate discharged me.
Re-examined. I shot my four loads at Homerton, without consulting my master at all—he leaves it to me to shoot where I can.
WALTER VAGG (Police Sergeant J) On 30th March, at 2 p. m., I took the prisoner on a warrant, which I read to him; he said, "This is a nice thing, obtaining money by fraud"—I said, "By forged tickets representing work to be done which has not been done, and receiving payment for the same"—he said, "I sent the old woman for the money last Saturday, and she has gone again to-day; all the tickets I have sent in I have done the work for; Big George, my foreman, looks after the tickets; I have been laid up and have not been at work for a fortnight"—while searching his kitchen, he said, "I don't make the tickets out myself, my old woman do according as I tell her"—I said, "What was your motive for sending your wife to Mr. Fortescue to-day?"—he said, "I had no particular reason"—he was up and about; I arrested him in Bethnal Green Road in one of his carts—I took him to the station; he made no reply to the charge—it was on the statement about Big George that I arrested Pritlove—no evidence was offered against him, and the Magistrate discharged him.
Cross-examined. This is a note I made at the time—I did not make a note at the time of the conversation in the kitchen; I did after I was reminded of it—I made it between the Monday and the remand, and gave it in evidence—I cannot remember ever doing so before—the prisoner said, "I do not make out the tickets myself"—not the bills—I may have said before the Magistrate, "Idon't make out the bills myself, my old woman does"—I noticed that the Magistrate's clerk had taken down
"bills" and not "tickets"—the prisoner did not say "The man gave the tickets to my mistress, and she makes the bills out."
Re-examined. I took him on Saturday, the 30th; he was taken before the Magistrate on the Monday; the information was read, and a remand was granted—I did not give evidence—on the first hearing I gave evidence of the actual arrest, and was afterwards recalled to prove what took place in the kitchen.
The Prisoner received a good character
NOT GUILTY .
No evidence was offered.
NOT GUILTY .
OLD COURT.—Wednesday, May 8th, and Thursday, May 9th, 1889.
Before Mr. Justice Hawkins.
MR. POYNTER, for the prosecution, offered no evidence—the Grand Jury having ignored the bill
NOT GUILTY .
MR. MEAD Prosecuted, and MR. GEOGHEGAN Defended.
NOT GUILTY .
MR. MEAD Prosecuted, and MR. GEOGHEOAN Defended.
NOT GUILTY .
NEW COURT.—Wednesday, May 8th, 1889.
Before Mr. Recorder.
447. HENRY PARKER (27) PLEADED GUILTY to unlawfully falsifying and uttering a certain book of account of his employers— Strongly recommended to mercy by the prosecutors.— Eighteen Months' Hard Labour.
For other cases tried this day, see Surrey cases.
THIRD COURT.—Wednesday, May 8th, 1889.
Before Mr. Common Serjeant.
448. WILLIAM BARRETT (31) PLEADED GUILTY to two indictments for embezzling money of his employer, after a conviction of felony in October, 1887; and also to feloniously attempting to kill-and murder himself— Twenty Months' Hard Labour.
449. JOHN SMITH** (22) , To breaking and entering a place of divine worship, and stealing a key and other articles, after a conviction of felony at this Court in January, 1883, in the name of George Williams— Two Years' Hard Labour. [Pleaded guilty: See original trial image.] And,
450. WILLIAM THOMAS** (51) , To feloniously breaking and entering the dwelling-house of Henry Bolton, and stealing four coats and other articles, after a conviction of felony at this Court in May, 1883, in the name of William Powell; also to stealing 14 lb of metal piping, and a metal tap and fittings, attached to a dwelling-house and belonging to Matilda Palmer— Two Years' Hard Labour. [Pleaded guilty: See original trial image.]
MR. TURRELL Prosecuted; MR. LAWLESS Defended Shaylor.
RACHEL GEDAULD . I am the wife of Nathan Gedauld, a butcher, of 28, Broad Street, we live at 11, Marshall Street, Golden Square—I left my shop on 14th April at 10 o'clock—I saw the meat hanging up—persons live above the shop on the first floor, and sleep there—I returned to my shop at half-past 12; the meat was not there then.
Cross-examined by MR. LAWLESS. I only live three houses from the shop—my husband came in at half-past 12, and brought me the information—the parlour window opens on Marshall Street; the shop entrance is in Broad Street.
ALEXANDER MARKS . I am manager to the prosecutor—on the night of 14th April I left the shop in Broad Street about quarter-past 10—I left the parlour window open about 1 1/2 inches, and next to the window I put up the shutters inside the windows, and bolted them—I locked the door with two keys—the shop window was a little open—I returned to the shop at half-past 10—I found it shut—I went home, and the next morning when I came at 8 o'clock I found the meat was gone.
JOHN BOOKER (Inspector C) About half-past 12 on the morning of 15th April I went to this shop in consequence of information—I found entry had been effected by getting through a parlour window, and by lifting the window and then pushing the shutters inside, so as to make an aperture between them large enough to get fingers or one finger through and lift the catch—a person could then enter the parlour, and proceed from there to the shop—the door between was not fastened—all the other doors and windows were secure.
GEORGE JARVIS (Policeman C 222) I was on duty in Broad Street on 14th April, at 5 or 10 minutes past 11—I heard a noise in the shop at 28, Broad Street—on turning round I saw Shaylor jump out of the parlour window into Marshall Street—I tried to stop him—he ran down Broad Street—I had known him about the neighbourhood for a long time—I afterwards saw Gilby at the window, inside the parlour—as soon as he saw me he disappeared—I was in uniform—I got the assistance of another constable, who stood against the window, and I got through it—I went into the shop and saw Gilby lying underneath a bench—I said, "What are you doing there?"—he said, "All right, governor, I have stolen nothing; it is the man that has run away"—I took him into custody—I accompanied Chance to 20, Portland Street, where I saw Shaylor in bed—I at once recognised him as the man that jumped out of the window—he was taken into custody—he said he was in bed, he knew nothing about it.
Cross-examined by MR. LAWLESS. It was between two and three o'clock when we went to Shaylor's house—the man rushed out of the window and
ran away—I had not time to catch him—he was dressed in a dark suit, similar to that he has now—nothing was said about his coat at the Police-court—Goddard, the other constable with me, also tried to catch the man—I have been almost five years in the force—we did not know when we took the prisoners where the prosecutor resided—inquiries were made—the station is about five minutes' walk from the shop—Marshall Street and Broad Street are wide streets—people were about at the time.
Re-examined. Shaylor had dark trousers and a black hard felt hat—he had dark trousers on at the Police-court—when I saw him in bed he had on his night-shirt—his clothes were hanging up beside his bed; they were dark.
ISAAC GODDARD (Policeman C 215) On the night of 14th April I was on duty at the corner of Marshall and Broad Streets with Jarvis—I heard a noise in the shop, 28, Broad Street, and saw Shaylor get through the bottom part of a window in Marshall Street—Jarvis rushed forwards, and tried to catch hold of him, but missed his hold; I tried to catch Shaylor as he passed me; I got my hand on his shoulder, and pulled him round with his face towards me, but he got away—I recognised him at the time; I had seen him about the neighbourhood—I did not know where he lived—he was dressed in dark clothes, and a dark felt hat with rather a narrow brim—we got the assistance of another constable, as there were three exits to the house—Jarvis got through the window and arrested Gilby inside the shop—when the shop door was open, I went in and heard Gilby say to Jarvis, "I have done nothing; the other man you have let get away is the man that stole the meat"—I went into the parlour at the back of the shop, and found two pieces of meat lying on the window-sill of the parlour window in Marshall Street, through which we saw Shaylor get—I did not see Shaylor carrying anything—I took Gilby and the meat to the station—I afterwards went with Sergeant Chance and Jarvis to 20, Portland Street—in the front kitchen we saw Shaylor in bed—I at once recognised him as the man—he was told he would be taken into custody for being concerned with Gilby in custody in breaking and entering the shop, 28, Broad Street—he said, "I know nothing about it; I was at home and in bed at the time"
Cross-examined by MR. LAWLESS. It was close on 3 a m—he lives there with his father, I believe—the two pieces of meat, weighing 54 lb, were lying on the window-sill, not tied up in anything—I told the Magistrate he was wearing the same trousers at the Police-court as when he jumped out of the window; I had no doubt about the trousers—he had a round black felt hat with rather a narrow brim—after we took Gilby to the station, which is five or six minutes' walk from the shop, I went back to the shop, and Mr. and Mrs. Gedauld were then at the door—that was about half-past twelve—I noticed no one in the street when Shaylor ran away.
WILLIAM CHANCE (Policeman C 10) On morning of 15th April I went with the two last witnesses to 20, Portland Street—I saw Shaylor in bed; he was identified by them—I said, "I shall take you into custody, and you will be charged with breaking and entering a dwelling-house, No 28, Broad Street, and stealing a piece of beef"—he replied, "Idon't know anything about it; I was in bed before eleven o'clock"—I had said nothing to him about the time—20, Portland Street, is five or six minutes' walk from 28, Broad Street, I should think.
GEORGE SMITH . I am barman at the Nag's Head public-house, Foubert's Place, Regent Street—on the night of 14th April, about half-past 10, the two prisoners were in the same bar, drinking together—a lot of other customers were there—I did not see the prisoners speaking together—I was too busy to notice who left.
Cross-examined. I said before the Magistrate, "They left about 10 30; I did not see them leave the house, but I missed them about that time"—I have seen the prisoners in the bar before—they were simply there with a great number of people drinking—I missed them between half-past 10 and a quarter to 11—our house is about a stone's throw from Broad Street.
The Prisoners' Statements before the Magistrate Gilby says: "I had been drinking, I do not know why I was there "Shaylor says: "I was not there, I had been drinking; I call my father"
Witness for Shaylor.
HENRY SHAYLOR . I am the prisoner's father—I live at 20, Portland Street, and am a brass chaser—my son lives with me—a little after 3 on the morning of 15th April the police came to arrest him—I and my wife were in bed—he had come in at 5 minutes past 11, and gone to bed, and the next I heard was when the police came and knocked at the door—he is in employment at a fish bar.
Cross-examined. I did not see him come in, he knocked at my door and I said, "Who is there?" and he said, "It is me, father"—he always comes and tells me when he comes in—I do not always wait up for him, sometimes he comes in very late—he sleeps in the kitchen—I always notice the time he comes in, I have a clock upstairs; there is no dock in the kitchen—he knocked at my door as he passed it—I sleep on the ground floor.
Gilby's Defence. After we left the public house I was just on drunk, and we saw the window open, and we both got inside, and I laid down on the floor; I was drunk, and that is all I know of it.
SHAYLOR— NOT GUILTY .
GILBY— GUILTY . He then
PLEADED GUILTY*† to a conviction of felony on 7th January, 1889— Twelve Months' Hard Labour.
NEW COURT.—Thursday, May 9th, 1889.
Before Mr. Recorder
MR. BUCK Prosecuted.
JAMES MALEY . I am a tripe-dresser, of Sherborne Street, Islington—on 8th April, between 11 and 11. 30, I was in Farringdon Street waiting for a car—I went to the corner of Port pool Lane to have a drink, and Rowe came in—I went out and waited for the car, and then went and had a small soda, and Smith and Tollervey and a man not here rushed up, and Rowe struck me on my nose and knocked me down—one of the other
two struck me on my neck, and left a lump as large as a walnut, and when I recovered my senses, my watch was gone from my left pocket—it was all right before this; it was worth about 35s.—a constable brought Rowe back.
Cross-examined by Rowe. I was not lying on my back in the public-house, nor did you take hold of one of my arms, and the potman the other—I did not fall down—I did not lean up against a post—I had had a little drop, but if I had not been molested I should have got home all right—I was charged before the Magistrate, and let off—I remember your snatching my watch.
WILLIAM HAND (Policeman E 71) On 8th April I was on duty in plain clothes in Farringdon Road, and saw the three prisoners and another man—I heard Rowe say, "It is all right; he has got a watch," and saw him snatch Maley's watch-chain, and immediately afterwards put him on his face, and knock him into the road—I caught Rowe—he said, "I have not got the watch; the man running up there has got it"—I said, "I am a police officer, and shall take you in custody for being concerned in stealing a watch"—he said, "If you lay your hands on me, I will knock your b——brains out for you"—I seized him, and he struck me on my chest, and put his leg out to try and throw me, but did not—I took him to the station, and when the charge was read over he said, "You will have to pay for this"—Mr. Maley identified him next day—on Tuesday evening, the 16th, I saw Tollervey and Smith in the road, and recognised them; they immediately ran away, and we lost them; but at 6 a.m on the 17th I went to a common lodging-house in Clerkenwell with Chapman, and identified the other two prisoners—on being told that he would be taken in custody, Tollervey said, "This is very nice; you have got one, is not that enough for you?"—Smith said, "What, has he been rounding on me?"—Maley identified them.
Cross-examined by Rowe. I did not say that you were a well-known thief.
HENRY CHAPMAN (Policeman G 344) I went with Hand to a lodging-house on Clerkenwell Green and took Smith and Tollervey Tollervey said, "Oh, this is very nice; ain't one enough for you?"—Smith said, "Oh, all right, I suppose he has been and rounded on me "and I said he would be charged with Rowe.
The Prisoners' statements before the Magistrate Tollervey says: "They are telling all falsehoods "Rowe says: "When I first met this man he was lying on the flat of his back in Farringdon Road I lifted him up, he was so drunk he fell down again I went in and drank up my beer and came out again, and the constable charged me with stealing the man's watch I said 'You have made a mistake'"
Smith's Defence. I never saw the man in my life till after I was charged.
Rowe's Defence. We took hold of the man and placed him up against the post, but did not rob him.
SMITH— GUILTY **— Twelve Months' Hard Labour.
ROWE— GUILTY .— Ten Months' Hard Labour.
TOLLERVEY— GUILTY — Eight Months' Hard Labour.
NOT GUILTY .
MR. MEAD Prosecuted; MR. POLAND, Q C, Defended.
MARGARET THOMAS . I am a provision dealer, of May's Buildings, St. Martin's Lane—on 8th March the prisoner came into my shop and said, "Do you know anyone of the name of Venning?"—I said, "No"—she said she wanted to see him on business, and that he worked in the top room at Harrison's—Herbert, the timekeeper's boy at Harrison's, came in at that time, and I told her that he might be able to tell—I did not hear what she said to him.
GEORGE HERBERT . I am in the employ of Harrison and Sons, Government printers, St. Martin's Lane—on 8th March, about one o'clock, I was going up May's Buildings, and the prisoner stopped me outside Mrs. Thomas's shop, and asked me if I knew a young man named Venning—I said, "Yes"—she asked if I knew where he worked—I said, "In the warehouse"—she asked if I knew Mr. McCarthy—I said, "Yes; "he worked in the warehouse—she asked me to tell Venning a lady was waiting for him in May's Buildings, and I went and fetched him to her—she said, "Are you Mr. Venning?"—he said, "Yes"—she gave me sixpence, and I left them together.
FREDERICK VENNING . I am a warehouseman in the employ of Harrison and Sons, Government printers, of St. Martin's line—it is my duty to send out examination papers when printed—they are brought to me to be counted, and I test the proper quantity, pack them and seal them, and then send them by messenger to the proper department—on 28th March, about 1 o'clock, Herbert fetched me, and I found the defendant in May's Buildings—she said, "Are you Mr. Venning?"—I said, "Yes, I have not the pleasure of knowing you"—she said, "You will know later"—I asked her business; she said, "It is something of great importance and to my advantage; where can we talk privately?"—I said, "I don't know;" she said, "Would you mind coming in a cab with me?"—I said, "I have not much time, as I am only allowed one hour for dinner"—we got into a cab, and I directed the cabman to drive towards my home; she then said, "You work at Harrisons, I believe, in the ware house?"—I said, "Why do you want to know?"—she said, "You will know later on; what work do you do?"—I said, "I help to pack the work up and send it out"—she said, "I have a friend who has a son, and he is left fatherless and merciless in the world; he has been standing for an examination, and this is his last chance; the examination is coming on shortly"—I said, "How did you become acquainted with my name?—she said, "By a young man who works in a printing office"—I asked her name; she refused to tell me—she said the man told her to come to Harrison and Sons and ask for Mr. Venning, he would be the most likely "party to see—I said, "What do you want me to do?"—she said, "I want you to get me a set of Examination papers"—I said, "What is the nature of the papers?"—she said, "The Greek, French, Latin, and Latin prose, and several others, "without naming them—I said, "I don't think I shall be able to assist you"—she said, "I implore you, in the name of the Lord, to assist me"—I said, "The matter wants a little consideration"—she said, "If you will once place those papers in my hands I will place any money in your hands you like to mention, and you will be astonished and delighted—she wanted me to see her before 6 o'clock that day, as
she was going away by train—I said I should not he able to see her—she said, "Will you write to me?"—I said, "Yes"—I gave her this card, and she wrote, "Mrs. Brown, Miss Watts, 9, Imperial Square, Cheltenham, Gloucestershire"—she said, "There is one thing I want you to promise me before you go; I want you to keep this a profound secret between our two selves"—I said, "I will"—she asked me to receive some money before I left her, but I said I could not think of accepting it—she said, "I know what you are made of; it will be all right in the end"—I then left her—she said she would always be a friend to me, and likewise the young man who was going to be examined—I then had my dinner, and went back, and saw Mr. Harrison, the manager—I told him what had taken place, and, acting under his instructions, I wrote this letter to the prisoner (Asking for a description of the papers she required.)—that was sent to the address on the card—on the following Monday morning I received this letter at my private address, "Your letter gave me new life; may God reward your kind heart, etc, you have made a friend for life; never fear to trust me as I trust you"—in that was enclosed this document, which is a description of the papers, and these copies of examination papers—I showed them to Mr. Harrison—this is the actual letter I wrote (Stating that they were now printing papers for the Civil Service Commission, and asking the prisoner to meet him at Charing Cross Station on Saturday, and expressing a hope that she would reward his services.)—that was written under Mr. Harrison's directions, and it crossed hers, which stated, "I will be tomorrow, Friday, at four or five minutes before four o'clock, waiting with a Hansom's cab opposite your office door"—I went to the spot indicated, and found the defendant in a Hansom's cab—I did not get in—I asked her to drive to Chandos Street, and when she stopped there, an officer took her in custody.
Cross-examined. When the prisoner first asked me this, I said that it would want consideration—I did not say, "You must not ask me to do that, it would be an improper thing to do"—I acted under my master's directions—the first part of the letter is mine, down to where I ask her to name the papers required—an officer had not been called in then—I knew she required the papers for the Sandhurst examination—she wrote, "What I want are the papers for the further examination for the first military examination at Sandhurst held this year on 26th June, 10 days, 1889," those papers were not printed at that time, we had not even got the drafts—when they leave the machine I count them and seal them up so that none can get away from the office—if the machine man prints a few over they are destroyed—I did not know that the prisoner was referring to her son, but I know it now—if a set of papers were taken away, they must be missed if the others were counted before they were brought back—sometimes too few and sometimes too many are printed, if there are too many we destroy them—it is done with movable type.
Re-examined. If I find too few they would print more—if I was dishonest I could tell the printer there were too few, and he would print more.
CECIL REEVES HARRISON . I am manager to Harrison and Company, Government printers—on 28th March, Venning made a statement to me, and under my directions he wrote a letter to the prisoner—he subsequently acted under orders from Scotland Yard—we had not then received the draft of the examination papers for June, but I did not know that at the time—the papers are so arranged that neither I or anyone in my house
know for what examination they are intended—we had the paper in the house for printing the examination papers.
Cross-examined. A gentleman in Court told me to-day that we have not even yet received instructions to print the paper for the Sandhurst examination—we have a very large business, and print for the Government and the County of Middlesex and public bodies—blank paper comes in from day to day—special paper is required, which is supplied by the Government for all sorts—we have got a stock of it—I do not know what our stock was at that time—it is impossible to print the exact number, but we take care if too many are printed that they are destroyed—there are a great many bad copies through carelessly putting the paper in—we do not put our name on the examination papers—the public are not supposed to know we print them.
Cross-examined. We put a series of numbers on them, but I do not understand them—the number of the job is put on by our firm—when the time came for the papers to be printed there would be no obstacle to Venning taking some.
CLARA ANN WATTS . I keep a lodging-house at 9, Imperial Square, Cheltenham—I have known the defendant many years—she called on me, but I am not certain about the date—she said, "I have taken the liberty of having a letter addressed to your care; will you take charge of it?"—I said, "With pleasure"—she said it was simply an answer to an advertisement—about the same day I received a letter addressed, "Mrs. Brown, Miss Watts, 9, Imperial Square, Cheltenham"—this (produced) is the envelope—she afterwards called for it and I gave it to her—I afterwards received another letter directed in the same way, and delivered it to a man who brought me a letter in Mrs. Champion's writing.
Cross-examined. She has been a widow since the beginning of 1885, and has this one son, who is 19—I have known the family 30 years—she has always borne the highest character—she is passionately fond of her son.
WILLIAM TURRELL (Police Sergeant) On 4th April, about 1 30, I saw the defendant in a Hansom's cab in Chandos Street—I said, "You are Mrs. Brown, I believe"—she said, "No; you have made a mistake"—I said, "Anyhow, you are the woman who his been inciting Venning to steal examination papers, and I shall take you to the station"—I did so, and on the road she said, "I do not understand you; I did not incite the man to steal"—at the station I took from her the letter of March 28th—while waiting to go before the Magistrate the same afternoon, she said, "I will tell you how it came about; it was for a boy who has been drawn back, and it was impossible for him to compete unless he had certain papers; I knew it would do the boy good, and would not do harm to anybody else"—I found some papers, and among them these produced.
Cross-examined. I have been down to Cheltenham, and ascertained that she bears the character of a highly respectable, honourable woman—her husband was a captain in the army, and this is her only son.
EDWARD ELIAS HUMPHREY . I am senior clerk in the Civil Service Commission, which conducts examinations for the army—an examination was held in November and December for admissions to Sandhurst: that was a contested examination—there were 125 ordinary places to fill, and over 500 candidates; and 20 or 30 extra places—this is a list of the candidates, and among them was Reginald Champion, No 402
—this is the form filled up by the candidate—the address is Maldon Court, Cheltenham—he was unsuccessful in procuring a place—it is not the practice for the candidates to see the papers till they are in the room on the morning of the examination—they are allowed to take the papers away—this is the time-table—the candidate's name and number are on it—these are the papers used at that examination—this 600 10 88 212 x is on all of them—Messrs Harrison have to print these papers for the Commission—we send them the draft—they are not printed yet, but they probably will be in a fortnight—candidates can express their intention to be examined up to May 15th.
Cross-examined. We examine for the Civil Service, Army, and Navy—candidates cannot tell what the papers are for—he had passed the preliminary examination—that is not stiff.
MR. POLAND submitted that as there were no such papers in the warehouse as those the defendant applied for, it was an incitement to do that which could not be done—it was like a case of attempting to steal from a pocket which contained nothing; and as to an incitement to steal the paper which would hereafter be used by the printer, it might not have been manufactured at the time, and therefore not in the prosecutor's possession; and further, it was not an offence to induce a person to get a document for the mere purpose of information, it was not the paper which was required, but the information, the document might be sent back, and the inducement must be to steal a specific chattel. (See REG V GARNEY, 1 Foster and Finlayson).
MR. MEAD contended that there might be a conspiracy to steal goods which were not in existence, but in this case the paper was in the house, and would be under Venning's control when printed
THE RECORDER considered that the case must go to the Jury The Prisoner received an excellent character
NOT GUILTY .
MR. GRIFFITHS Prosecuted.
ARTHUR STONE . I am a woollen salesman, of Ashmore Road—about 12. 20 a. m. on 30th April I went into a public-house—I saw the prisoner there—I had never seen him before—he took hold of my hand and asked if I would have something to drink—I said I had got no money—he gave me something to drink—I had three sovereigns and some silver—I told him where I lived, and was going home—he said he lived my way—when I got to my gate he put his hand into my left trousers pocket, and took the contents—he was walking away, and I asked him to give it back to me—he refused—I said I should follow him unless he did, and he hit me on my mouth and ran away—the blow loosened several of my teeth and cut my lip—I ran after him, and a constable stopped him—he dropped a sovereign, which I picked up and gave back to him, by the constable's advice.
Cross-examined by the Prisoner. I had had a glass of whisky, which I do not usually take—I did not make a bet with you, and give you a sovereign—I never made a bet in my life.
WILLIAM SPENCER (Policeman X 196) I saw the prisoner running, and Stone following him—I stopped the prisoner—Stone charged him with robbing him and assaulting him—Stone's lip was bleeding—the prisoner said, "I did not do that"—on the road to the station he offered
Stone a sovereign—I pulled his hand back and it dropped on the pavement—Stone picked it up—I advised him to return it—the prisoner said, "I will give him a sovereign"—when I was searching him at the station he said, "Keep on"—I did keep on, and found three sovereigns, and some of Mr. Stone's business cards, who produced 10 or 12 similar cards Prisoner's Defence. I was in the Prince of Wales when Stone came in; we had a drink, and he was the worse for it—we then went to the Franklyn, and he said, "I will bet you a sovereign this house takes more than the Prince of Wales"—he gave me the sovereign, and said, "We will meet to-morrow night"—on our way home he wanted the sovereign back—when I was first charged he said he had lost £2 5s., but he altered that when he saw what money was found on me.
ARTHUR STONE (Re-examined), I had £2 paid to me in the morning, and was under the impression that that was all I had got, but I can prove that I had £3 in my possession at 11 30, and I got up early next morning, and told them I had made a mistake, and that I had three sovereigns.
GUILTY . He then
PLEADED GUILTY** to a conviction of larceny at Clerkenwell in November', 1880— Six Months' Hard Labour.
THIRD COURT.—Thursday, May 9th, 1889.
Before Mr. Common Serjeant.
MR. GBAZEBROOK Prosecuted.
THOMAS EDWARD STRAW . I live at 16, Lavender Grove, Queen's Road, Dalston, and am a cook—about a quarter-past six on the night of 21st April I left home, pulling the front door to, so that it fastened with a latch lock—when I returned at a quarter-past eleven I found the screws of the lock broken off—outside the house I saw Mr. Smee, who made a communication to me, in consequence of which I went to the Police-station, where I saw the prisoners—nothing was stolen.
AMELIA CRIPPS . I am the wife of Henry Thomas Cripps, a warehouseman—we live at 14, Lavender Grove, Dalston—about a quarter to ten on the night of 21st April, my lodger, Mrs. Crowther, made a communication to me, in consequence of which I and my husband went to No 16 next door—my husband pushed the doors of that and the next house—they were firm—he went back to our house—I stood out at the gate a few minutes, and I saw two men coming out of the gate of No 16—I asked what they, wanted, and Thomas said, "I want the name of West"—it was "I "or" we"—I think he said "I"—I said no such person lived there—I called my husband, and he and Mr. Smee followed the prisoners, whom I next saw at Dalston Police-court—I did not distinctly recognise them by their faces, more by their height, because it was dark—I believe they are the same men—I can swear it to the best of my knowledge by their stature—they were dressed the same as now.
HENRY THOMAS CRIPPS . I am the last witness's husband—on the night of 21st April, in consequence of a communication from my wife, I went to the next door—I found the door was fastened—I returned to my own house,
leaving my wife standing at the gate—a minute or two later she called out, and I came out and saw the two prisoners—Mr. Smee came up at the moment, and we followed the prisoners for about 15 minutes—we met a constable, who took them into custody—we did not lose sight of them—Thomas asked us what we were following them for—we told him if he came back, and we found everything satisfactory, we would let him go—he made no reply, but continued to walk on.
ALBERT SMEE . I live in the same house as the prosecutor—about 6 45 on 21st April I went out, leaving the door securely fastened—I tried it twice when I came out—I returned about 10—when I was within 10 yards of die house I saw Mr. and Mrs. Cripps outside, and I saw the two prisoners come out of the gate—Mrs. Cripps made a communication to me, in consequence of which I followed them—I wanted to know what they had been up to—they said they had been knocking at the door, asking if Mr. West lived there—I told them I wished to see if everything was all right, would they come back and see—they said nothing, and went on—I and Cripps followed them for 10 minutes, or perhaps longer—we met a constable, and asked him to detain them—he brought them back to the house, and I found the door had been forced, the hasp had been driven out of its place since I left the house—I found the bedroom and the front room had been broken open, and several matches had been burnt—I was so close to the prisoners from, the time I followed them till they were taken into custody that I could have placed my hands on them at any moment—when charged they said they knocked for Mr. West, and they found the door open.
CHARLES TOOTH (Policeman J 306) On the night of 21st April I was in Queen's Road, Dalston—I saw 30 or 40 people coming towards me—Mr. Cripps said, "These are two men who have been in a house"—the prisoners could hear it—Mr. Smee said he saw two men come out of his house, but he did not know what they had done—I told the prisoners I should detain them—I took them back to 16, Lavender Grove—I examined the door, and found the catch had been forced—there were no marks on the door—I took the prisoners to the station—when I detained Thomas he said, "We did not burst open the door; the door was open "The prisoners in their statements before the Magistrate, and in their defence, said they went to find Mr. West; that they found the door open; knocked, and then came away.
GUILTY .— Six Months' Hard Labour each.
MR. DOUGLAS Prosecuted.
HERBERT LEARY . I am a gas-fitter, living at 31, Palmerston Road—the prisoner is my sister-in-law—she lives at 32, Poole's Park, the next turning—on Sunday, 14th April, between four and five p. m., I was sleeping in the back kitchen—my wife awoke me and told me something, in consequence of which I went upstairs to eject the prisoner—she was on the first floor on the top of the landing—I said, "Mary Ann, go out"—she was drunk—I don't think she knew what she was doing—I was at the top of the stairs, she made a run at me with her hand open, slipped
on the first stair, and fell down about half-a-dozen stairs; she fell on her eye and out it—I left her lying on the stairs and went into my room—I was standing by my wife's bedside when the prisoner came in with this broken glass in her right hand and struck me on the temple with it—it made me unconscious for two or three minutes—when I came to I found I was bleeding—I did not strike her at any time.
Cross-examined by the Prisoner. I swear I did not strike you—I came out of prison on the Saturday for knocking about the man who lived with you—I did not kick you in the back as you were trying to get down stairs.
By the COURT. She has never struck me before—she occasionally drinks, and when she does she does it to excess; she was in drink at this time or she would not have done it—I was in the doctor's hands till last Sunday—I and her husband had a bit of a struggle, and he took out a summons, and in default of sureties I had to go to prison for twenty-one days.
Re-examined. She came into my house without my leave—this glass is one of mine, it was whole at dinner-time—I occupy the whole of the house.
JOSEPH TALBOT (Policeman Y R 13) About half-past five on Sunday night, 14th, I was called to 31, Palmerston Road, where I saw the prisoner and prosecutor—he was bleeding very much from the head; he was covered with blood where the wound was; blood was streaming down, and his coat was very much saturated in blood—the prisoner was in the same room—the prosecutor said he wished to charge her with assault—I told her she would be charged with' assault; she said, "I intended to do it" or "Iintended doing it"—I took her to the station—after the charge was taken she said she had been assaulted by the prosecutor—I should think she had been drinking, but she was not drunk.
GEORGE WRIGHT (Divisional Surgeon of Police) I was called to Holloway Police-station, about six o'clock, on this Sunday afternoon—I saw the prosecutor; he was bleeding freely from an incised wound, cut with something sharp, on the left side of the face level with the top of the ear—he seemed to have lost a great deal of blood—I stitched up and dressed the wound—a branch of the temporal artery had been severed—in my opinion this glass might have caused the wound—it has not completely healed—there is no apprehension of any danger now—the prisoner was suffering from a lacerated wound on the left eyebrow, and a contusion on the back of the head, and a small wound, about one quarter of an inch long—falling down six steps might have caused all those injuries.
The Prisoner, in her statement before the Magistrate, and in her defence, said she went upstairs with the prosecutor's permission, that he followed her up and hit her; that she was coming downstairs when he kicked her and she fell; that she called for water, and said she would lock the prosecutor up; that he then hit her; and that she having the glass in her hand hit him back; and she denied any intention to do him bodily harm.
GUILTY of unlawfully wounding, with great provocation.
Six Months' Hard Labour.
MR. GRIFFITHS Prosecuted.
29th April she was lying at Mill wall Dock—I was going to my lodging, in the North-East Passage, about 20 minutes to 1 on 30th April, when the prisoners and another man, or perhaps more, came up to me when I had got a very few yards from Clerk's public-house—I was suddenly twisted, and flung to the ground—I had about 18s., more or less, loose in my waistcoat pocket when I came out of the public-house—the prisoners were twisting my neck-handkerchief tight when the policeman came along—they put their hands in my pockets, and took out my money—I found it was all gone afterwards—I saw no knife—I sang out—the policeman took the prisoners off me—they tripped me up—I can swear more to Cokeley than to Buckley—I suffered no pain—I had had several glasses, but I knew exactly what I was doing.
BENJAMIN JENKINS . I am a seaman, and lodge at Wellclose Square—on the early morning of 30th April I saw Hassell on the ground, and the two prisoners on the top of him rifling his pockets—there was a crowd around—I could not see if they were looking on or helping the prisoners—the next thing I saw was a policeman pull them off Hassell—when they were on the top of him I heard some money rattling around on the ground—they struggled very violently with the constable—Cole asked me to blow his whistle—I did so—another constable came up—I saw a woman there—I did not see the prisoners do anything to her—I did not go to Hassell's rescue till the policeman called me—the policeman was there almost when it began—I saw no blow struck—it was dark.
JOHN COLE (Policeman H 416) I was on duty near the North-East Passage on the early morning of 30th April—I heard a noise of struggling up the passage—I ran up quickly, and saw Hassell on the ground, and the two prisoners on the top of him—I caught them both from behind—I saw Buckley draw his hand from the prosecutor's right hand trousers pocket—Cokeley's hand was entangled in the prosecutor's waistcoat—both prisoners struggled very violently—I asked Jenkins to blow my whistle—Rough came to my assistance—we had great difficulty in taking the prisoners—they were surrounded by thieves; it is a very bad and rough place—I held one in each hand—money was rolling about the ground—afterwards 10s. in silver and 2d. in bronze was found in the prosecutor's waistcoat at the station—a woman named Donovan was there—Buckley, seeing her following, said, "I will do for you if you come to the station"—she shouted, "Iwill"—he kicked her violently in the lower part of the body—she went to the station, and preferred a charge against him of assault, but did not afterwards appear—Rough was holding Buckley at the time—I found 1s. 6d. in silver, 8d. bronze, a key, and a knife in Buckley's inside coat pocket; and 3d. bronze, and a memorandum book on Cokeley—I should say the pocket of this waistcoat had been cut.
WILLIAM ROUGH (Policeman H 470) I heard a whistle blown in North East Passage on the early morning of 30th April—I ran up and saw Cole with the two prisoners, who were struggling very violently—a great number of other persons were there—he handed Buckley over to me—Buckley kicked Donovan, and said, "I will do for you when I come out "Buckley in his defence said he saw the prosecutor drunk, and set upon by two or three men, and that he ran up to see what it was, and was taken into custody.
Cokeley said he heard money drop, and went to pick it up when the constable took him.
COKELEY then PLEADED GUILTY** to a conviction of felony in May, 1888 BUCKLEY**† Eight Months' Hard Labour and Twenty Strokes with a birch rod each The Court and Jury commended Cole's conduct.
JOSEPH ARMAND . I am a lecturer, and live at 1, St. Aubyn Road, Upper Norwood—on 14th November the prisoner called and gave me this letter (This was dated 13, Azonby Square, Peckham, and said he was in formed by Mr. Thompson that Mr. Armand would be at home at eleven o'clock on Thursday morning; that he had commissioned Mr. Thompson's son to bring him the overcoat; that Mr. Thompson was a silk merchant in India, Madras Presidency; that the coat must be sent to-morrow, as he was going into the country for a few days; and that there would be no difficulty in cashing the cheque at the London agents of the bank)—he also gave me this cheque, payable to William Sinclair or order, £15 (180 rupees), signed A E Sinclair, and endorsed William Sinclair—he asked me to give him the coat, and he would return it—the coat was lined with fur, and was of the value of about sixty guineas—I handed him the coat on the faith of this cheque—he said he came from some gentlemen—he took the coat away—I should not have given it to him if I had not thought the cheque was a good one—I took the cheque to the Agra Bank, Lombard Street—they refused to pay it—I have made inquiries about the man who was I supposed to sign A E Sinclair; I have found no such person—I had advertised the coat in the Standard
Cross-examined by the Prisoner. I swear you are the person who called at my house.
HENRY PETER MATTHEWS . I am cashier at the Agra Bank, 85, Nicholas Lane, City—the prosecutor came to our bank and presented this cheque; I refused to pay it—we have no customer of the name of A E Sinclair—I have never heard of that name before—I have made inquiries—we have a branch bank at Madras—there is no customer of this name there on our books—the cheque is an old form from a cheque book about thirty years old; our bank has been reconstituted since these cheques were issued.
WILLIAM MOSS (Detective Sergeant P) I saw the prisoner at Hammer smith Police-court, and read the charge to him—Mr. Armand charged him with obtaining a coat by means of a fictitious cheque—he said, "I know nothing of it"—I made inquiries at 13, Azonby Square, Peckham; no such person as Sinclair is known there—the prosecutor identified the" prisoner from several other persons at the Police-court.
By the COURT. When the prisoner first called he was with me from 20 minutes to half an hour; we were talking all the time about the letter he brought—I wanted to know what time he would bring the coat back; he said before 2 o'clock; he did not come—it was in November he obtained the coat.
The Prisoner in his defence denied all knowledge of the coat and cheque.
NOT GUILTY . There were two other indictments against the prisoner, but the chief witness as to them being in Bombay, no evidence was offered by the prosecution.
NOT GUILTY .
MR. TURRELL Prosecuted.
ALFRED KENSINGTON . I am packer to Leopold Hoff, manufacturer of Malt Extract, at 29, Bridge Street, Blackfriars—at one o'clock on 3rd April I saw the prisoner removing this case from the area of our premises—I said, "What are you going to do with that case?"—he said, "I am going to take it to King's Cross"—I said, "There is some mistake about that"—he said, "No, it is all right; I met a man up the street, and he has told me to take this case to King's Gross, and I will meet him there"—the manager came up, and the prisoner was given into custody—he had moved the case about six yards when I stopped him—the case was about three feet square, and contained Malt Extract; he was turning it over; it had been left at the top of the area, and he would have tipped it through the gate in the railings on to the pavement.
Cross-examined by the Prisoner. I said you had better go away as quick as you could—you could have gone away then—after that you took me and my employer down to a public-house, where you said the man was that employed you—not finding him, you were quite willing to go to the station to have it cleared up—you could not have lifted one of the cases by yourself—they were standing at the top of the steps.
GEORGE WHELAN (City Policeman 502) On 3rd April the prisoner was given into my custody by the acting inspector at the station—he had been there about forty minutes—after he was charged he said, "I am an innocent man; a man asked me to take the goods to King's Cross"—I have made inquiries; I have not found the man.
Cross-examined by the Prisoner. The police have made inquiries about you; we have not found anything wrong—you gave the right address.
By the COURT. He is a papermaker by trade.
The Prisoner, in a written defence, said he was a stranger in London, and was looking for work when a man with a barrow asked him to take the case.
NOT GUILTY .
MR. LAWLESS Prosecuted.
NESA KEE KATO (Interpreted) I am a fireman on board the Port Victor—on 16th April I was at a house in the Limehouse Causeway, with the prisoner and some shipmates, about half-past twelve—I and the prisoner had a quarrel—he struck me in the face, and I struck him with a lamp glass—our companions then took me out of the room and put me to bed—we were all under the influence of liquor—the prisoner came into the room where I was in bed—he had a knife in his hand—he ran up to me
and dug at me several times with the knife, and finally stabbed me under the ear—I was taken to the hospital, where I remained from ten to fifteen days.
TAKE ISO . I am a seaman on board the Port Victor—on 16th April, at half-past twelve, I was at 17, Limehouse Causeway with the prisoner and prosecutor, and eight others—the prosecutor became noisy; we all told him to be quiet—the prisoner told him to keep quiet—Kato said he was quiet—the prisoner said if he was not quiet he would make him be so—Kato said, "Do what you like, and try me; you do not frighten me"—then the prisoner struck Kato on the head—I took Kato out of the room; he wanted to go against the prisoner; I would not let him—after about five minutes Kato came back with a lamp-glass, and struck the prisoner on the back of the neck—blood came—I brought Kato away, and put him in another room—after that the prisoner brought a knife about two and a half inches long out of his pocket, wrapped this piece of rag round it, went into the room where Kato was lying, and stuck the knife into his neck—I did not think at the time he had stuck it into him, I could only see the handle in his hand; I could not see the blade; afterwards I found Kato bleeding—after a quarter of an hour I took him to the hospital—after the prisoner struck him he went across the room—he was arrested by the police in about half an hour—I had been to the hospital, and had not seen the prisoner during that half hour—I don't know what became of the knife—he stabbed Kato once.
SAITO SEIKO (Interpreted) I am a seaman on board the Port Victor—I saw Kato strike the prisoner with a lamp-glass—Kato was then led out of the room and put to bed—I endeavoured to prevent the prisoner from going into the next room, but he went in with a knife in his hand; he took it from his pocket—I saw this rag round it—we tried to restrain the prisoner, but he refused to be restrained, and said he would do as he liked—I saw him going in the direction of Kato, but it was dark, and I could not see what he did.
SUMARA BUMTICHT . I am a seaman on board this ship—on 16th April I saw the quarrel—I saw the prisoner holding a knife firmly in his hand—this cloth was wrapped round it—lie ran after Kato with the knife in his hand—we attempted to stop him, he would not be stopped—I did not see what took place in the room.
CHARLES BRIDGEMAN (Inspector K) On 16th April I received information from Sergeant Price—I went to 17, Limehouse Causeway, and searched the room—I found these two pieces of broken lamp-glass and this piece of rag, which was smothered in blood—the bedclothes were smothered in blood—I could find no knife—the prisoner was arrested about half-past one.
CHARLES PRICE (Sergeant K) About a quarter to three on the afternoon of the 16th I received information from the police, and I went to 17, Limehouse Causeway, with I so, who pointed out the prisoner to me—he was in the back room, first floor, taking his shirt off—there were wet blood marks on it—I arrested him—I so interpreted for me—I told him I should take him to the station, where he would be charged with attempted murder—I mentioned a knife—he said he knew nothing about it—I searched him; I found no knife on him—afterwards, with the inspector, I searched the room and the back yard; we found no knife.
Kato was brought to the hospital between one and two—he had contusions on his face, laceration of his forehead, an incised wound on his neck—the wound was caused by some sharp-edged instrument; it was completely through the skin—I don't think it could have been caused by this lamp-glass—I should think a sailor's clasp knife would have caused it—it cut his ear, to begin with, and then glanced down—he was at the hospital for ten days—he was in danger then; it was a question as to whether damage was done to his great vessels, as the wound was in the track of the great vessels—he is all right now—I did not see the prisoner.
CHARLES BRIDGEMAN (Re-examined by the COURT). I examined the prisoner—he had a cut on his finger and a slight graze at the back of his neck; he was bleeding very slightly; it was not sufficient to call medical aid to him—the blood on his shirt might have been caused by his own finger—a piece of cloth similar to this was wrapped round his finger—he did not seem the worse for drink.
The Prisoner, in his defence, said he used no knife, and did not know how the prosecutor was injured.
GUILTY of unlawful wounding Judgment respited.
OLD COURT.—Thursday and Friday, May 9th and 10th, 1889.
Before Mr. Justice Hawkins
MESSRS CHARLES MATHEWS, HORACE AVORY and TICKELL Prosecuted;
MR. PURCELL Defended. GUILTY —HARE— Ten Years' Penal Servitude.
AYLIFFE— Five Years' Penal Servitude.
MR. LAWLESS Prosecuted.
SAMUEL HALLS . I am a labourer, and live at 5, Penny Bank Chambers, Great Eastern Street—on Thursday evening, 18th April, I left work, and after calling at my father's, left him about half-past eleven to go home—I went into a public-house in Commercial Street to get half a pint of beer, and saw the prisoner there—I had not known him before—he put his hand into my pocket; I pushed him away—I had 21s. in a purse and some coppers, and two two-shilling pieces wrapped up in a piece of paper—I left the public-house, and as I was going up the steps to my house I heard two men coming behind me, running—I stepped on one side, and they caught hold of my coat, and I fell over backwards, and remember no more; I became insensible—I was taken to the Police-station, and attended by a doctor—I was not able to go to the Police-court for a week afterwards—all my money was gone but a penny—my two-shilling pieces were wrapped in a piece of paper similar to this (produced).
Cross-examined by the Prisoner. I was not drunk—I had on the same coat as I have now.
Church Road, Camberwell—on Thursday night, 18th April, about a quarter to 12, I was standing at the stable gates in Little George Street, Great Eastern Street, at the back of Penny Bank Chambers—I saw the prosecutor come round the corner—he was sober—he proceeded up about eight or ten steps to his residence—two men came, went up behind him, laid hold of him and pulled him backwards—the prisoner is one of the men—I saw him lay hold of the prosecutor and draw him backwards—he fell the whole length of the ten steps on to the ground, and the prisoner knelt over him, and put his hand into one of his breast pockets, and took what he could get, and then left him and joined the other man, who had gone on to the top of the street—I followed them, met Sergeant Anning, and made a communication to him—the men were then about five yards on ahead—he followed them directly, caught the prisoner, and brought him back—the prosecutor was still lying on the ground insensible—he was not intoxicated.
Cross-examined. I thought at first that he had been drinking.
CHARLES ANNING (Police Sergeant G 3) On 18th April I saw the prisoner and another man leave George Street—I saw Johnson at the corner—he made a communication to me, in consequence of which I followed the prisoner and the other man—I caught the prisoner—he said "What have I done?"—as I did not know, I said, "What were you doing to the man in George Street?"—he said, "I have done nothing; I am innocent of it; I suppose you are going to make me suffer because I was there; I see the man, but I did not touch him"—the other man got away in the crowd—I took the prisoner back to the prosecutor, who was lying in a pool of blood unconscious—the prisoner assisted me to lift him up, and said, "Now let me go, I am not the man"—Johnson said, "You are the right man though, I saw you pull him down"—the prisoner said, "I am not the man; I know what I have got about me; I have only got 4s. 1d."—I sent him to the station by another constable, and took the prosecutor there, and he was medically attended—when the prisoner was charged, he said, "I am innocent; I was coming past the street when two men came out, one went under the railway arch, and the other came up and walked along by my side till I went to speak to a woman I knew"—I searched him, and found on him two florins wrapped in this piece of tissue paper, a penny, and a knife—the prosecutors daughter said in the prisoners presence, "That is just like the paper my father would wrap up his money in"—the prisoner said, "Why don't you say it is your father's, I have some more of that paper in my pocket," and he showed me a piece, and I handed it back.
Cross-examined. You stopped to speak to a woman; when I took you you walked with me—I did not lay a hand on you.
The Prisoner, in his defence, repeated his statement to the officer, and declared his innocence.
GUILTY . He then
PLEADED GUILTY to a previous conviction at this Court in 1874 Other convictions were proved against him.— Five Years' Penal Servitude.
MARTHA MERCY RICH I am a widow, and live at 5, President Street, St. Luke's—on 9th April I went to bed about 9, leaving everything right in the house; I was not the last up; the door was left on the latch—I was aroused between 11 and 12, and found the police there and the room in disorder, but did not miss anything—a crowbar and lantern were found in the room.
FREDERICK WEBSTER (Policeman G 205). On 9th April, about half-past 11, I was on duty near this house; I found the door had been forced open by some instrument—in the front parlour I found the table drawer open, and this jimmy in the corner; the back door was open—I went to the rear of the premises, and in a back-garden abutting on No 5 I found the prisoner in the custody of G 184—there were marks on the front door corresponding exactly with the jemmy—I examined the prisoner, he was sober—I found dirt-marks on his hands and clothing, corresponding with the dirt on the wall—several—anybody dropping over the wall would drop into the garden of 4, Rahere Street.
MATTHEW BILE (Policeman G 184) On 9th April, at half-past 11, in consequence of information, I went to No 4, Rahere Street, and in the water-closet in the back yard I found the prisoner—he was sober—I asked what he was doing there—he said, "Nothing"—he said he had been fighting in the street, and had run in there to get out of the way—there was no entry into that garden except through the house—while I was there the last witness came over from 5, President Street—he made no reply—I asked him for his address—he gave it me—it was correct; 12, Rolestone Road, St. Luke's—that is about 300 or 400 yards from President Street—the height of the wall between the gardens is 7 or 8 feet—it is an old wall.
AMELLA ANN TENNANT . I am the wife of John Tennant, of 4, Rahere Street—on 9th April, about 11 at night, I was in my bedroom—I heard a noise, like a lot of men on the wall separating our place from President Street—they seemed to be going in different directions—one of them came in our direction—the noise seemed to cease then, and I heard foot steps coming up the yard, and try the yard door—it was bolted—I was frightened, and sent for the police, and the last witness came—no one could pass through the house to the garden unless the door was unbolted; but it was bolted.
MRS. RICH (Re-examined) I do not occupy the whole house, only the kitchen—I rent the house—the jimmy was found in the front room, which is used as an office by the Charity Organisation Society—there was money in that room—nothing was taken—I heard nothing in the house till the policeman work me.
Street from 4, Rahere Street, also marks along the wall as if someone had passed along it to 4, Rahere Street—there were also marks further on than where the prisoner had been—I may also say that two men passed through No 6, which is further on than No 4, and they got away, and have not been apprehended.
Prisoner's Defence. I had been drinking all day with some men, and what with them and the drink I fell down and got dirty; I rushed through the doorway to get hid; it must have been bolted after I got there; I have my master to speak to my character.
The prisoner received a good character from his employer.
NOT GUILTY .
NEW COURT.—Friday, May 10th, 1889.
Before Mr. Recorder.
MESSRS GRAIN AND GILL Prosecuted, and MR. MACKARNESS Defended.
HENRY WILLIAM OTWAY . I am manager to Messrs Lewis and Allenby, and have the control of the counting-house business I knew the prisoner at Warwick's, the jewellers, many years—MR. Arthur Lewis sent for me on 8th July, 1887, and asked me to get a diamond bracelet, which was stated to have cost £325, which had been left with us as part security for a large amount of money owing to the firm—the prisoner was there, and Mr. Lewis asked him what he considered the value—he gave me no answer, and Mr. Lewis said, "Do you think you can sell it?"—he said for about £80 or £90 in trade—I said that I could not take less than £130—Mr. Lewis asked him what his commission would be—he said he should be perfectly satisfied with 5 per cent—I handed him the bracelet, and he wrote this memorandum, and signed it; it is dated July 28th, 1887—this "5 per cent, commission" in red ink was put by Mr. Lewis—I saw the prisoner several times afterwards, and had conversations with him, but no alteration was made in the terms—after January 5th, 1888, letters passed between me and the prisoner; until I saw this document (A pawnbroker's contract) I had no idea that the bracelet had been pawned—I saw the prisoner on March 29th, 1889, in Marlborough Street, where he was charged on another matter, and that was the first time I knew that it had been pawned.
Cross-examined. I saw the prisoner a few days after Christmas Day, he had not sold the bracelet, and I pressed him to return it—after January 3 he asked if I would take a lower price than £130, and I have a faint recollection that £100 was mentioned, but I would not entertain it—it would have been very cheap at that price—I know that it was eventually sold for £60—two bracelets were deposited with us as collateral security for a debt, and the payments were not kept up—the estate went into liquidation and then we endeavoured to realise it—he returned it in December, we kept it for a few days, and then gave it back to him to sell—there was no written document; the terms were precisely the same as on the first occasion, except that he wished me to fix it at a lower price—I refused, but said, "If you sell it shortly I will give you extra commission"—MR. Lewis was not present—I knew him twenty-five years at Warwick's, the jewellers—I had no notice that he had set up for himself
till afterwards—he has a son, I do not know that he is an invalid—I do not know that in 1888 he suffered a heavy loss through the insolvency of a man who owed him £180, or that, owing to the death of a friend, he lost in the same year the loan of £100 which had been promised him—when I returned him the bracelet the second time, he said he had a very good chance of selling it to an American customer.
Re-examined. That was a day or two after Christmas, and I gave it to him on January 3rd, 1888, because he said he had an American customer, who turned out to be Mr. Harrison, of Aldersgate Street—I had not opened any account with the prisoner in Messrs Lewis and Allenby's books—there was no record, but this document, which has never been altered.
Cross-examined. I have known the prisoner about sixteen months, and only in connection with this transaction—I saw him three or four times in 1888, and he always expressed his anxiety to sell the bracelet; he made all sorts of excuses for not bringing it back; but he never mentioned a customer—he led us to suppose he would get it back, if he did not sell it.
Re-examined. He never told me he had pawned it; always that it was on show with a customer, and if it was not sold in a short time he would get it back.
WILLIAM RADCLIFF . I was manager to Mr. Harrison, a pawnbroker, of 41, Aldersgate Street and Wardour Street—the prisoner pawned this bracelet with me for £50, in the name of George Shaw, and I gave him this contract note (Dated January 5, 1888)—I did not know him, but I heard from the young man in the shop that he had been there before—that expired three months afterwards, but I kept it till January, 1889, when I put it up by auction at Messrs Debenham and Store's, King Street, Covent Garden, but we bought it in, and took it back to Aldersgate Street, and when our business there closed it was sent to Wardour Street—I do not know where it is now—the lists of property lost or stolen are left at the shop from Scotland Yard, and we received one like this (Dated June 13, 1888)—there was a very good description of this bracelet in it.
Cross-examined. I did not see the prisoner more than once to my knowledge—I saw him between January, 1888, and January, 1889—he came to ask me not to part with the bracelet—I did not part with it for more than a year afterwards.
Re-examined. He came once after he pawned it, to ask if I would keep it from being sold, as he should like to take it back again—that must have been after the three months had expired—he said he wished to redeem it.
By MR. MACKARNESS. He did not say that he wished to return it to the owner.
THOMAS FANCETT . I am an assistant to Mr. Harrison—on March 4th, 1889, I sold this bracelet to a customer who came in for £59; I cannot tell who he was, I never saw him before, but a few days afterwards I saw him in Wardour Street—he paid in cash.
THOMAS GREET (Detective Sergeant C) I took the prisoner at Teddington on 25th March, on a warrant not in reference to this matter—I took him to Vine Street Station, searched him, and found sixty-nine pawnbrokers'
duplicates and four special contract forms, among which was the one produced—I went through them in his presence, and on coming to this one he said, "That relates to a bracelet belonging to Mr. Arthur Lewis"—I said, "Arthur Lewis is one of the firm of Lewis and Allenby, of Regent Street"—he said, "That is so; the bracelet 'is sold, and I am in correspondence with the firm respecting it now; the other things and the contract forms are all right"
MR. MACKARNESS submitted that the conversion of the property must be absolute, whereas it was only conditionally parted with.
MR. GRAIN contended that as the contract reserved the right to redeem within three months, and that time had expired nine months before, therefore the conversion was absolute.
THE RECORDER considered that it was for the Jury to judge of the prisoner's intention by his acts—(Lord Chief Justice Coleridge gave the prisoner a good character.)
GUILTY, Strongly recommended to mercy by the Jury on account of his character.
(See next Case.)
PLEADED GUILTY .
MR. HENRY JOHN RUDDALL , a retired jeweller, then gave the prisoner a good character, but afterwards admitted having taken out a warrant against him in 1885, for detaining goods, after which he did not see him for four years, upon which the Jury withdrew their recommendation to mercy.— Eighteen Months' Hard Labour.
MR. K FRITH Prosecuted.
JOHN LEEMAN . I am a musician, of 162, Fulham Road—on 3rd April, about 10 a. m.;, I was near Great Peter Street, Westminster, and saw the female prisoner outside No 17—she invited me in, and I went in, and to a back room on the ground floor—several men and women were there, and the male prisoner threw me on a bed and held me down by my arms, and the female prisoner put her hands into my pockets—I struggled very hard to get up, and the male prisoner struck me most unmercifully about my face—I got out of the house, and gave information to a detective—a constable went with me to the house—I pointed out the female prisoner to him, and she threw something at him—I afterwards saw the male prisoner outside—I lost between 2s. and 3s.
Cross-examined by Catherine Bishop. A woman was following me, but she was not with me—I did not knock at your door—I did not want to drink out of a pot of ale on the table—I had no walking-stick, and did not strike the man with it who occupies the room.
Cross-examined by Thomas Bishop. When I entered your house no one was in my company—I went and brought in a policeman; he did not go outside and order me off—I was not drunk.
THOMAS HAWKINS (Detective A) On April 3rd, about eleven a m, Leeman spoke to me in Great Peter Street; his face was bleeding, and he had been drinking—I went with him to a back kitchen on the ground floor at No 17, and he pointed out the female prisoner—several other
women were there, some of whom were drunk, and others not quite so bad—I told the woman she would be charged with assisting in robbing the prosecutor; she picked up a looking-glass and struck at me with it, it went by my forehead, but did not do me any harm—she was very violent, and I handed her over to a constable—she said, "I did not have his bleeding money; why don't you take the woman who came in with him?"—the male prisoner was in the room, and Leeman pointed him out to me outside the house; I arrested him—he went quietly to the station—he was first charged with assaulting Leeman, and said, u Don't make it any worse than you can for me; I did not do it"—he was then charged with robbery, and made no reply—he gave his address 16, Old Pye Street—I said, "There is no such house"—he then said it was No 36—I went there; he lived there, and his son gave the name of Donovan—5s. 6d. in silver and 6 1/2 d. in bronze was found on the female prisoner.
Cross-examined by Thomas Bishop. I saw you in the room when I took the woman, and I infer that you came out with her.
The Prisoners in their defence said that the prosecutor came there very drunk with a woman and asked for a room, and when told to go out began striking them with his walking-stick, and the man belonging to the room pushed him out, he then said that he had been robbed, and they told him to get a policeman.
NOT GUILTY .
469. JOHN BARNARD (41) and WILLIAM PLATT (33) , Stealing 29 lbs of dead fish, the property of Barnett Joel and another, the masters of Barnard MR. BROMBY Prosecuted; MR. GEOGHEGAN and MR. LAWLESS appeared for Barnard, and MR. BEARD for Platt.
JAMES MURPHY (City Policeman S 53) On April 6 at 6 a.m I was on duty in Thames Street, and saw Barnard, who was a carman in charge of a load of fish, drop a sack with something in it over his van, between that and a South-Eastern van—the fish in the van belonged to Israel and Joel—a man took the sack up and carried it to Platt, who put it on his shoulder and went down a basement at St. Mary-at Hill—I went down after him, and said, "What have you got in that bag?"—he said, "A few soles"—I said, "Where have you got them from?"—he said, "I bought them yesterday morning"—I called Duke to take him to the station, and went to Barnard and said, "lam going to take you into custody for stealing some soles this morning"—he said, "I know nothing about it, governor—I took him to the station, and there examined the sack—there were 29 lbs of soles in it—Barnard said he knew nothing of them—I saw the sack moved several times in the van; in fact, I saw the van when it was empty—I identify the sack.
Cross-examined by MR. LAWLESS. I was about ten yards off, not thirty—there were three vans abreast, not four—it is the busiest part of London—MR. Joel did not charge them, the police prosecute—I had been on duty all night, Platt arrived at 5 o'clock—there was a great bustle.
Cross-examined by MR. BEARD. Platt was four or five yards from the van when I first saw him, and I was ten yards from the van when the third man earned the sack away; he carried it twenty yards before he gave it to Platt—I never lost sight of Platt after he got the fish—a man in the cellar said that he was going to warehouse the fish for Platt—he said he did not know what he brought it there for.
BARNETT JOEL . I carry on business with Israel Joel on Fish Street Hill as fish contractors—Barnard has been in our employ about five years—on 6th April, in the morning, he took out fish of ours, among which was 29 lbs of soles—I saw a sack of soles at the station—the soles were worth 29s.—the sack was not ours.
Cross-examined by MR. GEOGHEGAN. The fish comes from Lowestoft and Yarmouth; it is delivered at Bishopsgate and carted to Billingsgate—if there is a box short we should hold Barnard responsible, and make him pay—we get short weight sometimes—I had a claim for £10 that day, which I paid—there is great noise and confusion in the morning in Billingsgate.
By the COURT. I made the claim for £10 from our salesman—several packages were sent with three or four pairs of soles; the rest were haddock and cod; the soles seemed to be short, and I charged the salesman—we sign for the number, and whenever the packages are short we make them responsible, but not if the fish get astray.
Cross-examined. We go both by the weight of fish and the number of packages—there is no way of checking the weight.
Re-examined. I had no objection to prosecute.
GUILTY — Nine Months' Hard Labour each.
THIRD COURT, Friday, May 10th, 1889.
Before Mr. Common Serjeant.
MR. BIRON Prosecuted; MR. GILL Defended Smith; MR. GEOGHEGAN
Defended Burt But received an excellent character
NOT GUILTY .
For other cases tried in this Court this day see Kent and Surrey cases.
OLD COURT.—Saturday, May 11th, 1889.
Before Mr. Recorder
MR. MEAD Prosecuted, and MR. GRAIN Defended The Prisoner received a good character
NOT GUILTY .
ELLEN CAHILL . I am a flower-seller and am single, and live at 23, Shalor Street, Drury Lane—on 6th April I went into the Sun Public-house and saw the prisoner there, and his brother and another young man—there had been a dispute between the prisoner's brother and my aunt, and I said something about who had struck her—the prisoner's brother said he would do it again—the prisoner did not speak to me, but struck me with a glass tumbler on my right eye—I fell unconscious, and she had
the foot of the tumbler in her hand—I was taken to the hospital—one eye had to be taken out, and the other is very weak.
Cross-examined. The prisoner was in the public-house when I went in—I had had a glass of stout there with a friend a quarter of an hour before—I only had that one glass the whole morning—I did not have a glass of gin—I do not know whether the prisoner was drinking, or where she took the glass from—I have never had any words with her in my life—I always knew her to be a steady, sober woman—she has been a good many years in King Street, and I always wished her good morning and good evening—I have never said that it was an accident, it was purposely done—the prisoner was perfectly sober.
HENRY SALT . I am barman at the Sun, Drury Lane—the prisoner was in the house with two men before the prosecutrix came in—she came in between ten and eleven at night, and said to the prisoner's brother, "What did you interfere with my aunt for, over at the Mogul Tavern?"—the prisoner had a glass of ale in her hand, and smashed it over Cahill's eye, who fell senseless—I picked her up, and she was sent to the hospital—the glass was broken.
Cross-examined. I think I served the prisoner with ale twice; I won't be certain—Cahill did not drink then; I believe she had been in the house a quarter of an hour before, but I did not serve her—the prisoner took no part in the conversation—there was no discussion or quarrel or blow; Cahill did not put her hand up—I saw the blow struck; the prisoner did not throw the glass—there was some ale in it, which went over Cahill—they were standing close together—some people were in the bar—I know the prisoner as a customer; she is a sober, steady woman.
Re-examined. It was rather a heavy glass, a common one.
WARD, M. R. C. S. I am a licentiate of the Apothecaries, Company—on 6th April I was house-surgeon at King's College Hospital—Cahill was brought in at 10. 30 p. m., with two deep gashes on the right side of her face; one passing through her upper eyelid, and wounding the eyeball, and the other on her cheek, just below the eye—she was perfectly sober—they were contused wounds, such as might be inflicted by a tumbler or rummer—on the third day suppuration set in, and the eyeball had to be removed; the socket has not healed yet—the left eye was not affected up to the time she left the hospital, but there is danger that it will be affected by sympathy; the left eyeball is not absolutely safe yet.
JOHN HONOR (Policeman E R 17) On 6th April I saw Cahill in a Hansom's cab, bleeding very much from the face—I took her to King's College Hospital, where she was attended to, and she then went with me to the Mogul public-house, and pointed out the prisoner, who said, "Very well; I know what you want; I will come with you to the station, but let me drink my beer"—I said, "Very well'—she said to the barman, I will you serve me with a drop of whisky?"—I told her she had had enough—on the way to the station she said, "I am as innocent as you are"—her right hand was bleeding, and I asked her what was the matter with it—she said, "That is what was done with the glass"—she made no reply to the charge—she was quite sober.
The Prisoner's statement before the Magistrate, "I did not intend to do any injury ".
MR. ABINGER called
THOMAS GREGORY . I am a general dealer, in Covent Garden Market, and live at 2, White Lion Street—the prisoner is my sister; she is married, and has children—I went into the public-house with her, and she had a glass or two with me—Cahill came in, and took my hat off my head, and smacked my face three or four times, but I took no notice of her—I asked her the reason, but she said nothing; I called for a pot of ale, and the barman said, "No, I won't serve you"—I heard nothing said about the aunt; the barman and I were quarrelling about sixpence; I said I would not pay it because I had paid it; he said, "You did not;" and while we were quarrelling the women had some words; my sister had a glass in her hand, and she went to chuck the ale in her face, but instead of that the glass slipped out of her hand, and struck Cahill—I did not notice whether she fell down, I walked out of the house.
Cross-examined. I did not go away at once—Cahill was not unconscious, because she stood up just like I am standing up now; she did not fall—the prisoner's hand was cut with the glass—I called for the ale before Cahill took my hat off and smacked my face; if my hat had been left on my head there would have been no bother at all.
ROBERT CLIFTON . I am a costermonger, in Billingsgate and Covent Garden—on 6th July my brother and I and the prisoner were in a public-house, and Cahill said, "You have insulted my aunt over the way," and deliberately struck him in the face three times; the prisoner said, "What do you hit my brother for?" and the glass slipped out of her hand and struck the prosecutor's face.
Cross-examined. I saw Cahill take off the man's hat and strike him in the face.
MR. ABINGER stated that the Prisoner was very sorry, and wished to make compensation.
GUILTY .— Judgment respited.
NEW COURT, Saturday, May 11th, 1889.
Before Mr. Common Serjeant.
CHARLES HENRY NALDER LAVENDER . I live at Ulster Terrace, Regent's Park—I am a merchant—in January last I had in my possession a bill of exchange for £300 at six months, dated 7th January, accepted by Osmond and Shearman, whom I know well—about 11th January I received a note from the prisoner, and in consequence of it requested him to call on me—up to that time I knew nothing of him, not even by name—on 17th he called, and I handed him this bill to discount—he gave me this receipt: "Received of Mr. Lavender a bill of exchange for the purpose of discount, drawn by him and accepted by Osmond and Shearman; signed Watson"—I referred to the remark in his letter that he could do it at a very moderate rate—I said this was a very first-class bill, and it must be done at a very low rate if at all—he said he was quite sure he could do it, and took it away for that purpose—I heard nothing of him on the following
day, and I wrote this letter of 18th January to him (This expressed surprise at his not having called or written, and asked him to return the bill if there was any difficulty, and to call to-morrow)—on the following day I received this letter (Regretting he could not call on Saturday, as he had to go to Birmingham on business; that the bill was not being hawked about, but had been placed before one private gentleman only, and that he would call to-morrow)—not getting the bill back or hearing from the prisoner I sent him this letter, dated 22nd January (This stated that he must return the bill tomorrow without fail at the office)—I received back the bill from the prisoner, in a letter dated 22nd January (The letter said he could have got it discounted the next day at a very low rate)—on the 25th the prisoner called, and said the delay was owing to the private gentleman being out of town; that he had seen him, but could not prevail on him to do it at less than 12 1/2 per cent, per annum, and that if I was willing to pay that he could get it discounted at that rate, and he would bring the money back within an hour and a half—I endorsed the bill and handed it to him on that understanding—he did not come back that day—I next heard from him by letter on 26th January—he had not promised to write to me (The letter said that he could not see his friend to-day, but had made an appointment to see him on Monday at noon)—I did not hear of him on Monday—on the 29th I wrote, "You must be good enough to let me have cash for the bill to-morrow at noon, or return the bill; your delay is most unbusiness-like, and contrary to my experience"—the next I heard was by telegram on 31st January, from Brighton, "Your letter forwarded me here; am surprised at the tone Letter to you in post WATSON"—I received no letter—the address on his paper was 10, Poplar Walk Road—I received no communication from him after that date—on 5th February I went to 10, Poplar Walk-Road, Herne Hill—previously I had been, in consequence of information, to another address, in the Romola Road, Herne Hill—I there saw a person I understood was his wife, but not the prisoner—at 10, Poplar Walk Road, I saw the landlord, and left a message with him—on 7th February I called again at Poplar Walk Road, and saw the landlord—after that I employed a detective to try and find the prisoner, but he could not do so—at the commencement of April I applied to the Magistrate for a warrant—I have never received a farthing of the proceeds of this bill.
Cross-examined. I am a merchant in lead, glass, colours, apparatus for extinguishing fires, and plumbers' materials—I am in business for myself, and I also have an interest in the firm of George Farmiloe and Sons, separately—this bill was a business transaction; it was not flying a kite—one of the partners of Osmond and Shearman was indebted £300 to me, and this bill was drawn on them at the request of Henry Shearman—the bill represents a part of the capital in the firm of Osmond and Shearman, which was subject to six months' notice of withdrawal; and the bill was drawn to fall due at the end of six months—I was not a partner in Osmond and Shearman—Shearman owed me £300, or more it might be, for money lent to him by me—this is not my first bill transaction—I do not frequently raise money on bills—I might have spoken about previous bill transactions when we were talking about the rate—I told the prisoner it was a good bill; that was true—I am not aware that he had had a bill of mine discounted with Brown, of Bishopsgate Street—I did not tell him that the bill had been dishonoured—it had not been that
I know of—as far as I know it was paid when due—I swear no bill of mine has been dishonoured—I do not recollect a bill drawn by Flint for £100 a very long time ago being dishonoured, nor do I recollect being sued on it by Murray and Hutchins—it is altogether foreign to me—I never heard of it before, nor of Murray and Hutchins to my recollection—I was never sued on it by them or any other firm—I know Flint; he has never drawn on me that I remember—I cannot remember having had a bill transaction with him—bankers don't speak of bills as three months' bills, and treat the discount as for three months—I had never heard of Watson before—he mentioned in his letter the name of Mr. C. Roan, whom I knew, and that was his introduction—I don't know what the prisoner was to have for his share in the transaction; nothing was mentioned—he took the bill and got it discounted—it came back, and I gave it to him afterwards at his request—I held the same receipt—I had his address 10, Poplar Walk Road—I found he had been living there for some months—I did not know he had not been living for some months at Romola Road, till his wife told me that she had not seen him for nine weeks, and did not know where he had gone to—I have no ground for suggesting he was living at Poplar Walk Road to keep out of my way he was living away from his home and his wife for other reasons than those connected with this bill—according to his wife's statement he left home before he had this bill.
Re-examined. No bill or acceptance of mine has ever been dishonoured to my knowledge—it is understood in transactions like this that a man brings me the money, less 12 1/2 per cent, per annum; and then he would keep anything he could make by discounting it at something less—I said to him I thought 12 1/2 per cent, rather high—I knew there was some difficulty about six months' bills; and as the money carried 10 percent, interest it would do for me to pay 2 1/2 per cent, for the cash.
CHARLES JOHN WILLIAMS . I am a clerk in the Bank of England—I produce 16 £10 Bank of England notes, Nos, 77251, 77254, 6, 7, 8, 9, 77260, 1, 3, 4, 5, 6, 7, 8, 9, 77270—they include all the notes from 77251 to 77270, with the exception of four—they have all been paid, and come back to the bank.
BENJAMIN BLEIBERG . I am a bill discounter, of Wardour Street—on 28th January the prisoner brought me this bill of exchange for ££300, to be discounted—I gave him a crossed cheque for ££230, payable to his order—that is 46 per cent, I think, but it is 22 1/2 per cent, on the amount—he said nothing at the time about doing the bill for anybody else—he was introduced to me, and asked me whether I would discount this bill—I told him I did not care much about discounting six months' bills—he said, "Oh, the parties are all right; you have nothing to fear"—he produced a paper, I think the Echo, showing that Osmond or Shearman was on the County Council—I said 12 1/2 was the percentage for a three months' and 22 1/2 for a six months' bill—I asked him to accept the bill—he endorsed it, and I gave him a cheque—on the 29th, the next day, he brought the cheque back, and asked me to make it "Pay cash"—I altered it accordingly, and he took it away—it has been returned by my bankers—it has been endorsed "John Watson"—that he gave as his name—I passed on the bill to my bankers.
Cross-examined I had never seen the prisoner before—I had heard of him—I knew him first as surety on behalf of a previous borrower—if
anybody else had brought the bill I should have discounted it without his endorsement—I held him responsible for it as well as the others—it becomes due in about another three months.
Re-examined. I always hold everybody responsible whose name is on a bill—I do not at present attach much importance to the prisoners responsibility—I discounted it on the responsibility of all three—I did not discount it till I heard from him his description of the acceptors—I knew nothing of him.
FREDERICK REDFERN . I am a clerk in the employment of the Oxford Street branch of the London and County Bank—MR. Bleiberg has an account there—on 29th January this cheque for £230 was cashed—I have a certified copy of the account—20 £10 notes were given in exchange, Nos 77251 to 77270, and the balance in cash—the bill of exchange for £300 was brought to us by Mr. Bleiberg, and discounted for him by us—we hold it.
PAUL BALME . I am a surveyor at 109, Cheapside—early in this year the prisoner showed me a bill for £300, and said he had it to get discounted—subsequently he showed me a cheque for £230, drawn by Bleiberg—he asked me to cash him a small cheque for £5—I did not care about doing it, as I knew nothing of the drawer, and he said, "You need not hesitate about it; I have this amount, the cash for which I shall have to-morrow, and I can duly provide for it if anything should happen to the cheque"—I then cashed the £5 cheque.
Cross-examined. I have known the prisoner intimately two or three years—he has been a surveyor in the City for many years, and has occupied a very honourable position, I believe—his character is most honourable, I never heard anything against him.
Re-examined. I know now he was an undischarged bankrupt at this time.
ALFRED LOVE . I am a clerk in the Record Department of the Bankruptcy Court—I produce the file of proceedings in the bankruptcy of Watson and Co, 61, Fore-street, drapers—I find the adjudication of Sydenham John Watson, trading as Watson and Company, on 7th February, 1888—he is still undischarged—there is no application for his discharge.
Cross-examined. There appears on the file, "I commenced trading with a capital of £700; "Ilost my capital during six months' trading "; "Iknew nothing of the business myself; it was carried on by my manager"—it appears that he put money in—the bankruptcy was closed—a dividend of 3s. 0 1/2 d. has been paid—he can apply for his discharge.
JAMES MAIN (Policeman G 197) I arrested the prisoner on Monday, 8th April, on a warrant, at the White Swan, Temple Street—I read the warrant; he said, "I have heard it; I have a complete answer to the charge"—I took him to the station; I searched him and found two £10 notes, Nos 77252, 77253, several of these letters from Mr. Lavender, and 15 pawn-tickets for clothing and other things, chiefly kid gloves and neckties.
JAMES JACKER . I live at 10, Poplar Walk Road, Herne Hill—the prisoner occupied rooms at my house in February last—in February Mr. Lavender called, inquired after the, prisoner, and left a message that he wanted to see him very particularly—I wrote it down, and left it for the prisoner—it was gone next morning—I saw the prisoner a few days afterwards
—he said he had had the message—two days afterwards Mr. Lavender called again—I believe I told the prisoner he had called—about a fortnight afterwards the prisoner left—some mysterious person called at the house between the time of Mr. Lavender calling and the prisoner leaving.
Cross-examined. The prisoner had lodged with me about eight months—he gave me a fortnight's notice to quit before he left, and remained the full period of his time—there was no concealment on his part, so far as I know—I always thought he was a very respectable man—he gave notice about the time Mr. Lavender called the second time.
MR. MIRAMS submitted that there was no case to go to the jury; the prisoner was only charged with stealing the bill, and it appeared by the evidence that it was given to him to be discounted; he had done that, and he had no further duty to perform, and upon this indictment he was not accountable for the proceeds (Q. v. Oxenham, 36 L. J. M. C., Q. v. Cosser).
MR. AVORY contended that it was a question for the jury whether at the time the prisoner received the bill he intended to convert the money to his own use The COMMON SERJEANT, after consulting the RECORDER, ruled that the case must go to the jury.
GUILTY — Eight Months' Hard Labour.
475. JAMES FREEMAN and FREDERICK WILSON , Unlawfully conspiring that Freeman, in contemplation of bankruptcy, should not discover to his trustee all his property, and other offences under the Bankruptcy Act.
MR. MORTON SMITH Prosecuted, and MR. KJSCH Defended HAROLD BROUGHAM. I am one of the assistant Official Receivers in Bankruptcy, and I have had charge of Freeman's bankruptcy—I produce the file of proceedings—on 15th August, 1888, a petition was presented against him; on 12th October a receiving order was made against him; on 9th November he was adjudicated bankrupt, and an order was made to administer the estate in summary manner—an Official Receiver was appointed trustee—the bankrupt was examined in preliminary examination—I produce that—it is signed.
HAROLD BROUGHAM (continued) Mr. Russell took the first half of the examination, and Mr. McEwen the second half, which is here referred to; every page is signed by Freeman (MR. KISCH objected to its being read)—I produce the statement of affairs made by Freeman, and sworn on 25th October, 1888—in that statement Freeman returns his assets as nil, and the one unsecured creditor as Miller, Wiggins, and Naylor, of 1, Copthall Court, £54 18s.—they were the petitioning creditors—no such creditor as Jacobs was disclosed on the statement—the defendant Wilson, 2, Hertford Road, Kingsland, was a fully secured creditor for £ 735, for money advanced on promissory notes on demand for £ 400, and £85 in 1885, and 1888, and a mortgage, dated June, 1888, for £250 on premises situate at 3, Cropley Street, Herbert Street, New North Road—Freeman did not at that time disclose the existence of £85 in the hands of Messrs. Clutton—I first heard of that when the prisoners called on me and said they had been down to Messrs Clutton and applied for the payment of the amount, and they had refused to pay them—they
came the day before a person from Messrs Clutton called—it was the first time I received the information—subsequently Messrs Clutton paid over £69 19s. to the Official Receiver—Freeman was examined publicly and Wilson privately in January, 1889—after that a motion was made on behalf of the Official Receiver, before Mr. Justice Cave, on 14th February, 1889, in reference to the mortgage of Cropley Street and the proceeds of the salvage skins—I have here Mr. Justice Cave's order—the day after an order was made that the promissory notes and I O U's should be handed over to the Official Receiver; that the bill of exchange and receipt for £75, dated 30th June, 1888, and signed by the bankrupt, be delivered to the chief Official Receiver—these are the I O U's and the promissory notes for £400, £100, and £85, and the receipt of 30th June referred to in Mr. Justice Cave's order—the receipt is made out on paper headed James Freeman, is addressed to "Wilson, and is for thirty sealskins, at 50s: £75, "paid, James Freeman"—this is the mortgage for £250 and interest, dated 3rd July, 1888, on 3, Cropley Street, by Freeman to Wilson, in consideration of £200 for money lent or advanced, and in consideration of a further sum of £50 this day lent by the mortgagee to the mortgagor, making £250—on 8th March I received a letter from Mr. Alfred Slater, solicitor to Freeman (This stated that he had been instructed by Mr. Wilson, who had handed him the deeds, and that he would lodge them with the Receiver the next day; that he should be glad of an undertaking not to deal with the property for some time, as he proposed to take steps to annul the bankruptcy, and to pay 20s. in the £1)—although Mr. Justice Cave ordered all the deeds to be handed over, I could not obtain them all; I had to obtain an order for Wilson's committal for disobedience to Mr. Justice Cave's order—they were delivered up pursuant to Mr. Justice Mathew's order, that otherwise there should be a committal—after the deeds had been set aside, and they had been ordered to be handed to me, I received this order to pay the creditors in full, and all the costs of the bankruptcy—that was the first offer I received that I have any recollection of—up to the time of Mr. Justice Cave's order being made, the debtor had always declared he had no assets.
Cross-examined. Wilson was not bankrupt—if it had not been for the one creditor, Messrs Naylor and Co, the solicitors, there would have been no bankruptcy—they were formerly solicitors for Freeman—I have heard a claim was made by Freeman as to a fire—I don't know that Mr. Morton Smith was his counsel—Freeman has been brought to this bankruptcy for this debt of £ 54 18s.—a bankruptcy for that amount, and with one creditor is a very rare thing—it purports to be a debt due on a judgment—Mr. Naylor is here; he acted for the Official Receiver in the proceedings before Mr. Justice Cave—the Official Receiver was trustee—the prisoner first informed me of the money in Messrs Clutton's hands, and applied to me for it—Wilson was claiming the money as mortgagor of 3, Cropley Street—they said the balance of £200 had been paid over by the Phoenix Fire Office for the renewal of the premises at Cropley Street—I understood Messrs Clutton had it to pay over to the person who reinstated the premises—the prisoner told me the premises had been reinstated—Freeman does not appear to have been represented at the public examination—I heard Freeman was a furrier.
Re-examined. After the examination of the prisoners, application was made at the instance of the Chief Receiver to have the deeds set aside—Messrs.
Miller, Wiggins, and Naylor acted as solicitors for the Official Receiver in that matter; they had not acted for him before that—after Mr. Justice Cave's decision a report was prepared in the Official Receiver's office and submitted to the Registrar, and upon that he directed proceedings should be taken against the prisoners for offences under the Bankruptcy Act—the order was sent to the Treasury, who took the matter up, and have conducted all proceedings since that time.
FRANK NAYLOR . I am one of the firm of Miller, Wiggins, and Naylor, solicitors—in 1887 I was instructed by Freeman to act as his solicitor in respect of a claim he made on the Phoenix Fire Office in reference to a fire on his premises, 3, Cropley Street; that claim was resisted by the office, and referred to arbitration—I acted for him up to the conclusion of the arbitration—after the award was made I saw Freeman shortly after 20th June, and read him a copy of the award which found the claim to be fraudulent—I asked him what he proposed to do in reference to our account—he said he should not pay anything—I said, as he had been unsuccessful, I should be willing to make any reasonable arrangement he thought fit—he was very angry, and refused to pay a farthing—during the litigation I had applied to him for money—I received these letters from him (One, of 7th April, said he was sorry to say he was disappointed in money matters that day, but that he would call on Monday; another in June that he had tried his utmost to raise more money for Counsel, etc, but had failed to do so; that he should be willing to appear if the solicitors could see their way to go on with the case.)—he told me once that it was very difficult for him to find the money—I sent him this letter on 23rd May (This said that as he was unable to provide more money for Counsel they might appear for him before the arbitrator, and that their costs and expenses should be paid out of any money coming to him from the Insurance Company)—Freeman answered in one of the letters already read, I believe, and asked me to do the best I could for him—I did so—before June I had sent in my account, at Freeman's request—on 28th June I served a writ on Freeman for our costs—subsequently we obtained judgment under Order 14—on 15th August I presented a bankruptcy petition against him; that came before Mr. Registrar Brougham—Freeman was present—there were several adjournments from August to October, and on the last occasion the Registrar intimated that he must make the receiving order—I said I was prepared to leave the matter in the Registrar's hands, and to accept any terms he thought fair—the Registrar advised Freeman to accept my offer, but Freeman said he could pay nothing, and then the order was made—after the public examination I received instructions from the Chief Official, and acted for him as solicitor in applying, before Mr. Justice Cave, to set aside the deed—the prisoners were called as witnesses—Mr. Justice Cave's decision was to set aside the deed and hand over the lease to the Chief Official Receiver—the day after the application for the discharge by Freeman was appointed to be heard, and on that occasion he stated to the Registrar that the mortgagee would pay my claim in full—the Registrar said he could express no opinion on that, but adjourned the application—I had had a communication in Court on the first occasion from the prisoner to the same effect—I have nothing to do with this prosecution; I have simply acted under the direction of Mr. Brougham—the prosecution is conducted by the Treasury, not by me.
Cross-examined. Freeman came to me and mentioned a client of mine
as a friend of his, and asked for advice—Mr. Mauro made out the claim against the Phoenix, I believe, for Freeman—I thought it was a good claim on what Freeman said—he said the office had offered £50 on account of his claim—possibly Mauro told me that—I was not consulted about that; it had already been declined as absurd—on what he told me I thought he was right in declining it—Freeman paid me from time to time money to meet out of pocket expenses, £31 in all—at that time the £31 had been exhausted, and I said in my letter of May I would go on, with or without Counsel, as he could not find any money, and that I should be rewarded out of the amount recovered—the arbitrator found the claim was fraudulent—I have not read the policy recently; I do not know that it says that, "If the claim be a false estimate it shall be deemed fraudulent"—the word fraudulent there has the same meaning as it ordinarily has—I was not asked to advise whether the £50 should be taken—that letter refers to another matter—if a man honestly made a false estimate it would not be a false estimate—I did not want my costs in full; I told Freeman I would take any reasonable sum he liked to offer—I delivered to him a bill of costs for £94 5s. 10d., down to 15th May, 1881; credit, £31; balance, £63 5s. 10d.—the reference lasted five or six days, full days, except the last one—on 27th June I issued a writ for £66 8s. 10d; I took out a summons under Order 14—went before the master, and applied for judgment, subject to taxation—I made an affidavit in support of my application, in which I swore he was indebted to me £6s. 5s. 10d.—that was to get summary judgment after taxation—I got judgment for the amount, for which the bill should be taxed—the bill was taxed afterwards, and the master took off £22 8s. 10d.—my affidavit was strictly correct—Freeman was at the taxing with his solicitors, Harmer and Smith—I then had a claim of £44 and £6 10s., the costs of the judgment—£49 2s. was the amount of the claim, including the taxation—I had to have £50 to make him bankrupt—I sent him another bill of costs, which he owed, £5 16s. 6d.—the last item of that was June 21st—we commenced our action immediately he said he would not pay a farthing—the first bill could not be included under the other bill, under the Statute—we did not include it because he said he would not pay—this bill has never been taxed—the £22 was deducted from the £90—the second bill made the amount over £50—I believe Freeman was not represented before the Registrar, he appeared in person—this petition was considered on the very point of the second bill being untaxed, and Mr. Registrar Brougham decided that it was in order—it was returned four or five times, and the matter fully gone into—Jacobs, Wilson, myself, and I think another man, were the only creditors—I don't know that the Official Receiver has in hand enough to pay me and everybody else 20s. in the pound—I cannot say if the lease of 3, Cropley Street, has 54 years to run—the ground-rent is £10—I should think it was worth between £300 and £400—that would pay my bill and all the official costs—I received a letter, in which I was told the bankruptcy could be annulled—I told Freeman if he was not prepared to pay cash I should be quite satisfied if he handed me the lease of his house—the Official Receiver got the deeds—I acted before the Official Receiver in the motion before Mr. Justice Cave—I had no information from Freeman about this lease, all the information I had was got from the public examination.
Re-examined. No information I got from him was disclosed to anyone—I had nothing to do with the prosecutor; it was the Official Receiver—in the bill of costs all charges for work done was taken out by the taxing master, and a fee of six guineas put in for the whole—that was the difference—I was content to take whatever the taxing master allowed—Freeman has been represented by three different solicitors throughout the action.
JOSEPH GEORGE CROSBIE . I am clerk to Messrs Clutton, of 9, Whitehall Place, surveyors—they are agents for the Ecclesiastical Commissioners, the freeholders of 3, Cropley Street—the Phoenix Fire Office paid money to us with reference to Freeman's insurance of that house—in January, 1889, Messrs Clutton had in their hands a balance of £85 on account of those payments—two previous payments had been made by Freeman under the policy, the last one in September, 1888—on 7th January, 1889, the two prisoners called, and Wilson produced this authority, dated 24th September, 1888, to receive the money—I knew Freeman had become bankrupt—I asked him if he had authority from the trustee in bankruptcy—he said, "This is my trustee," pointing to Wilson—I said, "If that is so, I will have a cheque drawn for a proportion of the amount due, the further instalment, and in order to save time you had better give a receipt now, and I will send the cheque on if it is all right"—I prepared a receipt, which Wilson signed—the word "trustee "was written after the signature—ultimately that receipt was returned to the prisoner—I saw it destroyed—before sending the cheque I caused inquiries to be made at the Bankruptcy Office, and in consequence I wrote to Freeman—(This letter stated that he had been informed that no receiver had been appointed, and that he could not reconcile this with the statements they had made)—they came again; I asked them how it came that they made such a statement to me, describing Wilson as trustee in bankruptcy; I said I had ascertained at the Bankruptcy Office that the Official Receiver was still trustee, and that it was a very serious thing to make a statement of that kind—Wilson said he had mistaken the word trustee, and that he supposed the meaning of it was mortgagee—I have no recollection of the word mortgage or mortgagee being used at the first interview—the statement that Wilson was trustee was in answer to my statement that I required consent of the trustee in bankruptcy before I could pay over the money.
Cross-examined. Wilson said, "I thought it meant mortgagee"—I don't think a person could make such a mistake, he did not say "mortgagee"—whatever he wrote was at the request of the cashier and myself.
Re-examined. He first signed his name "Wm Wilson," and I said, "We shall want the words 'Trustee in Bankruptcy' written after your signature"—I do not think he was likely to make a mistake between the two terms.
ARTHUR BADGER . I am clerk to Mr. John Jacobs, Monetary Advance Association, 16, Finsbury Pavement—in April, 1888, Freeman came to obtain an advance of £20—we lent it to him on 9th April—Wilson was surety—this is the promissory note—the money was repaid by instalments of £2 a month; he has been paying ever since he had it—he has paid it all off—these are receipts for the payment (The examination of Freeman was here read.)
Miller—I took down Wilson's statement at the private examination before Mr. Registrar Hazlitt—it was read over and signed "Wilson"—this envelope Wilson handed to me, it has pencil entries, "£100, May 30, 1888, one month; £100, Tuesday, September 20, 1886, I O U; July, mortgage, £250," and in the corner, "Fulcher "(Wilson's statement was here read.)
Cross-examined. I know something about bankruptcy proceedings—I believe it is customary for the official shorthand writers to take a note of a witness's examination—I took the note on this occasion.
Re-examined. I believe something was said about it, and I was instructed by Mr. Kegistrar Hazlitt to take the notes—I would not swear that—I was sworn before I took the notes—Wilson corrected the notes in two or three places when I read them over.
WILLIAM MAYNE . I am a member of the London Salvage Corps—on 30th June I was in possession, on behalf of the Phoenix Fire Office, of certain salvage—I received this authority to hand over certain salvage skins to Freeman, and on 30th June I handed them over, and received this receipt from him—among the property so handed over were between four and five dozen sealskins.
NOT GUILTY .
There was another indictment against Freeman, which was postponed to next session.
NEW COTJET.—Monday, May 13, 1889.
Before Mr. Common Serjeant.
476. ARTHUR THEVIOT (25), JOHN PEGG (21), and WILLIAM BOOTY (19) , Feloniously breaking and entering the warehouse of Benjamin Fuller, and stealing a dark lantern, two umbrellas, and other goods Second Count, for receiving the same.
MR. GREENFIELD Prosecuted.
DAVID HENRY CORSBY . I am a cutter, and am caretaker of a warehouse of Mr. Benjamin Fuller, trading as Fuller and Company, Charing Cross Road, wholesale stationer—I live at 54, Sandringham Buildings, not at the warehouse—on 26th April, at twenty minutes past 9, I left the premises safely closed; on returning about 10 minutes to 8 next morning I was unable to open the door; I had to send for a blacksmith, who open a it, and we found it had been bolted inside—directly I went into the counting-house I found it in a very confused state—I found an entry had been gained from the skylight, the cord attached to one of the fanlights was broken and a piece of it was lying inside—it was shut and fastened the night before—the desks in the counting-house were opened, and the contents strewed about in all directions—others had been broken open and the locks tampered with—I missed two coats, two umbrellas, a lantern, a piece of steel used in one of the machines, and a guernsey, which I afterwards saw taken from Theviot—these (produced) are the things, except the two coats, which have not been found.
WILLIAM WYERS (Policeman C 294) Just before 3 o'clock on the morning of the 27th I arrested the three prisoners on another charge—I found on Theviot this brown-handled umbrella, this dark lantern in his left hand coat pocket, and this piece of steel in his waistcoat pocket—Peg was carrying this black silk umbrella in his hand—on Booty I found this cardigan jacket or guernsey—all these articles have been identified by the last witness.
EDWARD BURDON (Detective Serjeant C) I examined the warehouse on the morning of the 29th—I went to the upper part of the house, and found that the cord of the skylight had been forcibly broken and the window dropped; no glass was broken—there is a piece of waste land at the back of the warehouse—a scaffold pole had been placed up in the corner leading to the leads or flat; a person could climb up by that pole, and so get to the skylight, and they could get down into the warehouse by a sort of ladder formed by shelves about 18 inches apart—there were boot and finger marks on those shelves—I completely examined the inside of the warehouse, and found altogether five doors and drawers forced—I compared this chisel with the marks on the drawer and letter-box, and they exactly corresponded; it is an ordinary iron chisel, and was found in an area in Piccadilly by the witness Wyers, who gave it to me.
WILLIAM WYEBS (recalled) I found this chisel in an area in Piccadilly at 4 in the morning of the 27th, when I arrested the prisoners there ROBERT BERRIE (Police Inspector C) The prisoners were charged with this offence on the 2nd and 3rd May—Peg said, "It is a b——put up job"—the others said nothing.
The Prisoners, in their defence, denied all knowledge of the charge, and stated that they met two men who sold them the umbrellas, the lamp and the guernsey.
GUILTY . They then each
PLEADED GUILTY to previous convictions As to Theviot, six convictions were proved against him, and Constable Wyers stated that the prisoners were companions and associates of thieves, that nine burglaries had recently occurred in that division, and since their apprehension none had taken place. THEVIOT— Six Years' Penal Servitude. PEGG and BOOTY— Five Years' Penal Servitude The Court awarded a sum of £2 to Wyers for the ability he displayed in watching and apprehending the prisoners on another charge, which was not proceeded with.
Before Mr. Recorder.
MR. K. FRITH Prosecuted, and MR. GRAIN Defended.
NOT GUILTY .
Before Mr. Recorder.
BURKE PLEADED GUILTY .
MR. BODKIN Prosecuted.
LAVINIA CARTHY . I live with my husband, at 15, Giffin Street—on April 13th I went out with my husband, about 8 30 p. m., leaving a lamp burning, and some articles of clothing hanging on a line inside the door—I went back in a few minutes, and missed them—this is the skirt (produced)—I also missed some papers, including my husband's Army discharge and his pedlar's certificate.
FLORENCE GODWARD . I live with my parents at 15, Giffin Street, on the floor below Mrs. Carthy, and on a level with the street—on Saturday night, April 13th, I was in the house when Mrs. Carthy went out—I then
saw the prisoner Costin come in with another man—they went upstairs and came down; Costin was carrying two bundles—no woman was with them.
Cross-examined by Costin. I am 12 years old—I was inside the shop door.
JAKE GODWARD . I live at 15, Giffin Street—on 13th April, after these things were taken, Costin came in between eight and nine o'clock; he was in the habit of going there to his sister, who has moved—he asked where his sister was; I told him if he went to the Police-court he would probably find where her sister and brother-in-law were—a man with his hand in a sling was with him, but no woman—his sister had left three weeks or a month before.
Cross-examined. You and I have not had quarrels; I have asked what you wanted several times, because you were in the habit of going to your sister's, and taking things away from her—I have not scolded you—you had no bundle when you came down that time.
JAMES SMITH (Policeman R 431) On 17th April, about 1 80, I took Costin in Broadway, Deptford, and charged him with stealing a coat, and wearing apparel from 15, Giffin Street—he said, "It is a mistake; I admit I was there; I have been in the habit of going there, as my sister used to live there; I did not know she had moved"—he said that he had a jacket, which was given to him by the Prisoners' Aid Society, which he had pawned; he was taken to the station, and charged—I went to the second house in Giffin Street, and afterwards to No 45, and found this skirt, stowed away under the stairs, as far as they possibly could get it, right out of sight; a man had to go on his knees to get it, and I had a lamp—that was about fifteen doors from the house I first went to, on the opposite side of the road to where it was taken from.
Cross-examined. Mary Ann Wilburn showed me the house, and said that the things were thrown there by the woman Burke; she left me to search the house, and I lost her, and found her at No 45—I saw some fragments of clothing in the yard, but the prosecutrix did not identify them—she swore to the skirt—when you delivered your statement to the Inspector I did not say, "I do not believe you, for what you have done in making that 'statement; "or, "Iwould not stand to it if I was innocent, and if you tell the Inspector the truth it will go a long way for you"
Re-examined. The fragments were in the rear of No 45—when I came out Mary Ann Wilburn had gone.
JOHN KNAPP (Police Inspector R) I was on duty at the station when Costin was brought in—he made no answer to the charge, but after the witnesses had gone he said he had a statement to make, and would I call Mary Ann Wilburn in; she was brought in, and he made a statement, which I took down and read over to him, and he put his mark to it—this is it (In this the prisoner stated that he went with Wilburn and Kate Burke to his sister's room, not knowing that she had removed, and that Burke took the things, believing them to be his sister's; and that afterwards, when he found the room was not his sister's, he told Burke to take the things back, but instead of doing so she must have thrown them into No. 45)—I sent for Burke, who was not in custody, and said, "The prisoner Costin has made a statement about you; I will read it to you;" she said, "Yes, that is all right; I took the things and took them back, and threw them into the passage of a house in Giffin Street"—I then charged her.
Cross-examined. I told the Magistrate I understood that a parcel had been kicked about the rear of the house in Giffin Street, but we were not certain whether that was the parcel.
Costin's statement before the Magistrate. "There were four of us went into the room; my sister had lived there three years previously, and I went there to see her, as I thought she lived there still I went up and asked the other two to come up with me We all four went in twice Burke took the things, and I advised her to take them back; she went with the intention of doing so"
Costin, in his defence, stated that he had been away for three or four months, and came home, and met Burke and a man, and took them and Wilburn to Greenwich, where he was taken ill and had to return home; and on the road had to pass his sister's door, and went up as he was in the habit of doing, and pushed the door, and it opened; and seeing strange boxes in the room went downstairs to inquire whether his sister still lived there, leaving the others in the room; and that when he found Burke had taken some things out of the room, he told her to take them back, and she said that she would do so; and he told Wilburn to go with Burke to see that she took them back, and that a quarter of an hour afterwards he asked her if she had taken them back, and she said "Yes," whereas she had thrown them into the passage of another house.
Witnesses for the Defence.
KATE BURKE (the Prisoner) I have pleaded guilty to this charge—on 13th April I met Costin and another man, and they came to my room, and I went with them to Greenwich, and we enjoyed ourselves for several hours, and then returned home and went to his sister's with Mary Ann Wilburn, at 8 30 or 9 p. m.; his sister was not there, and I being very drunk took some things; I did not know what I was doing, and when I got to the prisoner's room he asked me what I had; I said, "Some things I took away from your sister's room;" he said, "My sister does not live there, and you must take them back"—we took them away, and I chucked them into another house, because I could not find which was the right passage; the prisoner did not see me take them, I had them in my apron—Mary Ann Wilburn and me fetched them back, but I was drunk, and put them into a wrong passage.
Cross-examined. I did not take them with the intention of stealing them—I have known Costin about 12 months—I have always gone by the name of Burke with him—he knew my name—I have lived at Wattern Terrace, at the top of Mill Lane, about three weeks—Costin did not sleep in my place; he was in my room there—Mary Ann Wilburn and I walked behind the two men, and I was holding up the corners of my apron—the man and I went into 31, Mill Lane, and threw the things down on the bed—Costin was there then; he came to sleep there—he slept there that night, and had some more drink; and had breakfast next morning.
Re-examined. You knew my name was Kate Burke—I lived opposite.
MARY ANN WILBURN . I was with the prisoner and another man, and Kate Burke, on 13th April—we went to a room, where the prisoner's sister had lived, and I looked round and said, "I don't believe your sister lives here, some boxes are gone that used to be here"—Burke took some things from behind the door, and carried them in her apron to 13, Mill Lane—I had none of them—we went to where she lived, and she put them on the bed; he asked her what they were; she said, "Some things
I took from behind your sisters door;" he told her to take them back, as they would get him into trouble, and made me go back with her; and when we got to the bottom of the street, she wanted me to take the lot of them, but I would not take them; and she put them into the right passage, but into another house on the other side of the way, and said whoever found them would return them to those who had lost them—the prisoner Costin never touched them.
Cross-examined. Costin and I went into the room first—Burke did not bring two bundles with her; she carried the things in her apron—I saw the things put in the passage in Giffin Street, into the back room altogether in a heap, as she took them out of her apron—so far as I know nobody tucked that skirt folded up under the stairs of 45, Giffin Street, so that the constable had to go on his knees and pull it out—I showed the constable the house—I did not go away, I waited at the bottom of the street; if he says he could not find me that is incorrect, I was in the street—I was convicted of unlawful possession on 21st January, 1886, and had fourteen days, and three months for felony in March, 1886—I deny being convicted of being drunk and disorderly on June 3rd, 1886—on April 6, 1886, I had one month for being a disorderly prostitute—I was not fined 5s. or seven days in October, 1886, for being drunk and disorderly—I had one month's hard labour on April 4th, 1887, for assaulting a constable—I have not been convicted of being drunk and using obscene language—I had two months on January 14th, 1889, for assaulting Francis, a constable—I do not know that he was so much injured that he was not likely to recover—I have lived with Costin two years.
KATE BURKE (Re-examined) Costin had no bundles when he came downstairs—I saw a bundle which he received from the Prisoners' Aid Society; that was in the morning; he had not got it with him in the evening.
COSTIN— NOT GUILTY .
BURKE— Three Months' Hard Labour.
Before Mr. Common Serjeant.
MR. DAVID Prosecuted, and MR. BESLEY Defended.
THOMAS COPPINGER . I live at 7, The Parade, Forest Hill, and am manager to Messrs Austin, grocers—on 18th April the prisoner was in their service, and had been for some time—on 17th I saw a half sovereign, three half-crowns, and two shillings marked by Police-constable Bunting—about a quarter to two on the 18th I left the prisoner in sole charge of the shop—no one else was there, and I came out—I left 17s. in silver and a few coppers in the till, among it one half-crown resembling a bad half-crown, which I had noticed two or three days before—when I came back the prisoner said, "Since you have been gone to dinner I have sold two gammons of bacon; I have been busy"—I sent the prisoner out to dinner, and I examined the till and found 47s.—there were two half-sovereigns and the rest in silver—one of the half-sovereigns was one I had seen marked the day before; I also found two marked half-crowns and two marked shillings; so that I found all the marked coins with the exception of one half-crown—the peculiar half-crown was not there—about five minutes after the prisoner went to dinner, Detective Sampson came in and said something to me, in consequence of which I
asked the prisoner, when he came back, about a quarter past three, for change for half a sovereign—he gave me 10s. of silver, which I looked through—I discovered one marked half-crown and the peculiar half-crown—later in the afternoon, about six o'clock, I was called into the back room when Mr. Austin and the prisoner were there—MR. Austin said to me in the prisoner's presence, "Was there a sovereign in the till?"—I said, "No"—the prisoner said, "I believe it was a Jubilee sovereign"—I said, "There was no sovereign"—I came away and heard no more.
Cross-examined. Mr. Austin and his two brothers have seven other shops—I have been with them about three years; and at the Forest Hill shop about 15 months; before that I was an assistant—Austin purchased the business in November, 1887; and before that Mr. Smith had it, and the prisoner was assistant to Mr. Smith, I understood—I heard the prisoner say he had lived with Mr. Baynes, and that he was a member of the church choir for many years; and that he had obtained a distinguished prize at the Board school—the shop opens at half-past 7, and closes at half past 8 four nights in the week, and on Wednesdays at 5—the 18th was the Thursday before Good Friday; it was a very busy day—I live at the shop, and I open it—the prisoner comes to the shop at 8, after having, breakfast—as soon as he came I went to my room behind the shop, and had breakfast; the prisoner had entire control of the shop then—I took half an-hour, or a little more—when I came back the prisoner went out for orders—on the 18th he went on his round from 9 to half-past 9, I should think, and got back about half-past I with orders—there are two tills, one on the grocery and the other on the provision side of the shop—I put out no silver for change when I went to breakfast—he might not give a customer change out of his pocket without coming to me—it has never been done without the prisoner coming to me first—one might give change out of one's own pocket—Bunting marked the coins in the shop after it was closed in the presence of Sampson and myself; he stamped them all in the left corner of the crown with a very fine punch—I saw each one—he made no note of where he had marked them, nor did I—six coins and no more were marked, Sampson took charge of them—Sampson told me someone would bring them all and pass them all at once—the prisoner said he thought he had sold one of the gammons of bacon and several other articles to a lady who came from "Torresdale, "that is a house at Forest Hill—I did not see Mrs. Leverington there—I heard she asked to have the account reckoned up when she had spent 15s. 4d., and then she bought more, which made it 17s. 6d., and that was put down and then she made more purchases, which, added to the others, made up the amount except 1/2 d—according to that, if she did what was right, every coin should be marked—the prisoner did not say he had sold two gammons, one when I was at breakfast and one now—he said, "Since you have been at dinner I have been busy, and have sold two gammons of bacon"—he did not mention that she came from Torresdale, and had bought a great many other articles till I had counted up the till—it was an extraordinary thing to examine the till before he came in from his round; it was not usually done—there is no emptying of the tills at fixed times, and no testing the amount of copper; we take no account of it—the tills are started empty in the morning, with the exception of coppers, and if I go to my breakfast without taking anything, they are empty, except
for coppers—having counted it at 1. 45, about 2. 30 I counted it again—no one else was present on either occasion—I found a marked half-sovereign, two marked half-crowns, and two marked shillings, five out of the six coins in the till—I did not call the prisoner's attention to the fact that a marked half-crown was missing—I said nothing to him about it—I waited till Sampson came—he came about twenty mintues to 3, and asked me the result—the prisoner knows the sergeant—he was not there when the sergeant came—I did not wait for the sergeant before counting, because I might have taken more silver from other customers—I did not take down the denomination nor description of the coins, nor count the coppers; there were very few coppers there.
By the JURY. There had been no quarrel between the prisoner and myself; about six weeks previously I had to speak to him about the non-delivery of bills—he took some out, and I found they were not delivered—that was the only thing; there was no bad blood between us.
Re-examined. No part of the £1 7s. that I left when I went to dinner was gold; when I came back there were two half-sovereigns—gammons of bacon range from 3s. 6d. or 4s. to 5s. 6d.
SAMUEL SAMPSON (Police Sergeant P) On 17th I was at this shop with Coppinger, when Bunting marked a half-sovereign, three half-crowns, and two shillings with a stamp—these are five of the six coins; one half-crown is missing—I took possession of the coins and gave them to Mary Ann Leverington on 18th—I gave her instructions—I afterwards received a halfpenny back from her—I saw Coppinger on the afternoon of the 18th, and at six p. m. I went to the shop—MR. Austin was in the back room—the prisoner was sent for and came in—I said, "You know who I am?"—he said, "Yes, Mr. Sampson"—I said, "I am going to take you into custody for stealing two half-crowns, the property of Mr. Austin, your master; one I caused to be passed over the counter, and one the manager will account for"—he said, "Oh, I can account for that; a lady came in and bought some articles and gave me a sovereign; there was not sufficient silver in the till, so I took some from my pocket to make up the deficiency, and when more silver came in I took it from the till"—I called Coppinger into the room and said, "Was there a sovereign in the till when you returned from dinner?"—he said, "No, there was no sovereign there"—the prisoner said, "Oh, yes; there must have been one, I remember taking one so well; I believe it was a Jubilee one"—Coppinger said again, "There was no sovereign there, and I have not seen a Jubilee one to-day"—I told the prisoner he would have to go to the station with me—he went on his knees on an egg-box in the room, I believe, and begged Mr. Austin to forgive him, "Don't charge me," he said, "If I have done it, I cannot account for it"—on the way to the station he said, "What do you think I shall get, Mr. Sampson, for this?"—I said, "I cannot say"—he said, "Well, I had the pieces; I suppose I shall get two years for it"—he was charged at the station—on searching him I found 10s. gold, half-a-crown, two shillings, 6d., and 6d. in coppers—none of the marked coins were in his possession.
Cross-examined. I made no note of what the prisoner said—I don't think Coppinger was there when the prisoner went on his knees and begged to be forgiven, and said, "If I have done it I cannot account for it"—when on the way to the station he said, "I had the pieces; I
suppose I shall get two years "; Bunting was there—I have known the prisoner about three months—I have only been stationed in that neighbourhood since December—I only said I had caused the half-crown to be passed over the counter—the prisoner did not say, "It is a lie; I can account for all the money I have in my possession"—I said nothing about the arrangement with Miss Leverington, and five marked coins, or at what time of day it was, or anything—I did not hear him say, "I started the day with 18s. 6d; I have paid Mr. Ruddenham, for repairing my boots, half-a-crown; I have spent 6d. in refreshment at the Blyth Hotel, going there with Mr. Austin, of Catford; making 3s."—I saw Mr. Ruddenham—I do not know if he was paid half-a-crown for repairing the prisoner's boots on the 18th—we met Ruddenham as we were going from the police-station to the railway-station, and the prisoner said to him, "I want you to come and do us a good turn"—I did not refer it to Ruddenham afterwards—the prisoner was so excited on being charged that I thought at first he was drunk—he asked me to go to his father to come and bail him—he mentioned the word "innocence" going to the station, but Bunting heard that better than I did—he did not say, "If I cannot prove my innocence whatever will they do to me?"—he mentioned his own innocence—I heard him say, on the way to the station, "Will they lock me up?"—I did not say, "Cheer up, old boy; you will get on all right"—I went to him on friday, when he was locked up—I said, "Did you send for me?' he said, "No, I did not"—the Inspector on duty told me—I was not anxious to get a confession from him—he wanted refreshment, and had no money; and I went to him—he said he should like some lemonade, and I said I did not mind treating him to that—that was in the cell—I did not see him again till the following morning, when I gave evidence.
Re-examined. I treated him to the lemonade.
FREDERICK BUNTING (Detective Constable) I was present with Sampson at this shop on the 17th April, and marked these, half-sovereign, three half crowns, and two shillings—Sampson took charge of them—on the 18th I was at the shop with Sampson and Mr. Austin, when the prisoner was went for—he came in, and Sampson said to him, "You know who I am"—he said, "Yes"—"Sampson said, "I am going to take you into custody for stealing two half-crowns; one I have marked and caused to be passed in to-day, and one the manager, Mr. Coppinger, will account for"—he said, "I can account for that; I gave a lady change for a sovereign, I believe a Jubilee sovereign"—Coppinger was called in, and he said, "There was no sovereign in the till"—the prisoner then went down on his knees and said, "If I have done it I cannot account for it, Mr. Austin; I have never robbed you of a halfpenny, on my honour; I can account for the Jubilee sovereign; Mr. Elaphick came in to buy a pennyworth of eggs for his little boy, and the Jubilee sovereign dropped on the floor; I said, 'You can let that lie there, old boy'"—on the way to the station the prisoner said, "What do you think I shall get for this? I suppose I shall get two years; I had the pieces, I shall have to put up with it"—he also on the way to the station said something about his innocence, to the effect, I believe, "If I can prove my innocence will they lock me up?"
Cross-examined. I am certain the words were not, "If I cannot prove my innocence, what will become of me?"—I am not positive of the words—I have mentioned about innocence before to-day—I did not hear
Sampson at the Police-court swear anything about innocence—I took no note of the conversation—I do not remember the prisoner saying he started the day with 18s. 6d., that he paid 2s. 6d. to Ruddenham for boot repairing, and 6d. at the Blyth Hotel—I believe he mentioned Ruddenhan's name; he said he had paid him half-a-crown that day for repairing his boots—he did not say he spent 6d. at the hotel with Mr. Austin—the prisoner was crying and excited, and holding his hand over his face on the way to the station—he turned very white—about half-way there he said, "If I can prove my innocence, will they lock me up?"—he said it was Mr. Elphick's dropping a sovereign that brought to his mind his giving change for a sovereign—I did not ask him what he meant by it—he said that brought to his mind that he had given change for a Jubilee sovereign; that he had associated the two things together—Coppinger said the half-crown was passed over the counter in the dinner hour—he told him coins had been marked, and one was missing—he said a certain amount of marked coins had been passed over without mentioning the number—nothing was said to the prisoner about other marked coins in my presence—he was told he would be charged with stealing one marked half-crown and one half-crown which Coppinger would account for—he was charged with stealing a marked half-crown passed over with other coins.
MARY ANN LEVERINGTON . I am a dressmaker, living at 37, Park Road, Forest Hill—I am single—on the 18th April I received from Sampson half-a-sovereign, three half-crowns, and two shillings; he told me something—the same day, between 1 and 2, I went to Mr. Austin's shop—the prisoner served me; I purchased a gammon of bacon, tea, sugar, and other articles, amounting to 15s. 4d; I asked the prisoner if he would just roughly put it down, to see how the money would go—he put down nothing but the figures, this is the paper—after the figures 15s. 4d. were put down, I asked for more articles; he put them down, they came then to 17s. 0 1/2 d—then I had a few more things; and my purchases altogether came to 19s. 5 1/2 d—I paid with the half-sovereign, three half-crowns, and two shillings, which I had received from Sampson—I was in the shop about two minutes—one lady and one little girl came in during that time—I did not notice what they purchased—I received 1/2 d. change, which I returned to the sergeant.
Cross-examined. I bought thirteen articles, eight of them made up 15s. 4d., three more articles brought it to 17s. 0 1/2 d—I gave the articles to Sampson; I don't know what became of them—the last articles were cocoa, a tin of golden syrup and eggs—I paid over the whole of the marked money—I saw the prisoner put it in the drawer—he asked if he should send the parcel—I gave no name, I said I could carry it—he put the piece of paper with the figures round the bacon.
ALFRED AUSTIN .—I am a member of the firm of James and Alfred Austin; we carry on business, among other places, at Forest Hill—the prisoner has been in my employment 18 months—prior to that he had been in Mr. Smith's employment—his wages were 18s. a week—in consequence of information I received from the police I went to the Forest Hill shop, on the afternoon of 18th April, about 6 o'clock—I called the prisoner in and charged him with taking two half-crowns, one marked, the other of very bad appearance, that we could swear to—he said, "I can account for that; I had to give change for a sovereign from my
pocket, and afterwards I took it from the till"—I said, "There was no sovereign from the till, and there was plenty of silver, of all sizes, to give change"—he said he would take his oath he did give the change for the sovereign, and put the sovereign in the till—I called Coppinger in, and told him the prisoner said he had put a sovereign in the till—he said, "There was no sovereign there"—then the prisoner said he thought he did; and he went on his knees and asked me to forgive him, and not to prosecute him.
Cross-examined. My brother has a shop at Catford, and is known as the Catford Austin—I did not inquire if the prisoner had been to the hotel with my brother that day, and had paid 6d., or whether he had paid 2s. 6d. for boot repairing—I left that to the police—I took over the business from Smith, to whom the prisoner was assistant—he did not increase my business by getting new customers—I do not know the neighbourhood very well—he gave Mr. Elphick's dropping the Jubilee sovereign as a reason for his remembering the sovereign—he did not pretend Mr. Elphick did not pick his up, and go away all right—he was very much affected, and begged me not to lock him up—when I charged him, between 6 and 7, it was mentioned that it was when this person, Miss Leverington, came in and purchased the goods—the goods have not been returned—the moneys marked were mine, and the goods are mine—I have seven or eight other shops—I have never heard before now that it has been the custom for an assistant to take money from his own pocket and give change—I don't think I have heard Coppinger say he did it, or that it might be done—I never heard of it till I was cross-examined.
By the JURY. The prisoner had been eighteen months in my employment—he was a little over twenty-one when he came to me—I began his wages at 18s; he has had no rise.
The prisoner received a good character
NOT GUILTY .
Before Mr. Common Sergeant.
481. REUBEN KING , to Burglary in the dwelling-house of Isabel Ridge, and stealing 5s. 8d., her money; also to assaulting the said Isabel Ridge and occasioning her actual bodily harm— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.]
MR. WILKINSON Prosecuted; MR. PURCELL appeared for Wright: and MR. GEOGHEGAN for Evans.
saw Wright enter the King's Arms public-house with Evans—we followed them in, and saw Wright distribute blue packets to each of five men who were there—(on April 20 I took part in the search of 8, Deans Buildings, and found some packets similar to what I saw distributed at the King's Arms)—we followed Wright and Evans to the Bower, and lost sight of them—on the 18th I was with Garner, and saw them go into the City of Salisbury at six o'clock; we followed them in, and saw Wright distribute packets again—there were five men there, and each had what they call half a load—Evans had left when the distribution was made—Wright left about twenty minutes afterwards, and I followed him to 8, Deans Buildings, where he opened the door with a latch-key, and entered—on April 20 I saw him come out of 8, Deans Buildings at 11. 30; I followed him, went round another turning, and missed him, and about an hour afterwards I saw him outside the Earl of Chatham, and followed him in—the same men were there, and I heard him say, "What do you want to-day?" one man said he wanted half a load—Wright came out, and I followed him to Rodney Road, and said I had reason to believe he had counterfeit coin in his possession—he said, "I know nothing whatever about it"—I took him to the station, and found a key on him and 10s. 1d. in good money, which I gave back to him—I afterwards went with Inspector Langrish and others to 8, Deans Buildings; the door was fastened; we opened it with the key found on Wright, went in, and saw Evans in the kitchen sweeping—immediately she saw us she dropped the broom and ran upstairs into the front room first floor—we followed her quickly, and found her in the room with Williams and May, who were sitting at a table polishing counterfeit coin—a battery and some coins were on the table—I found these five counterfeit sovereigns in a cupboard in that room, with tissue paper between each, and a good half-crown of 1877, a good florin, this box, this packet of plaster of Paris, and a pill-box with quicksilver in it, which I spilt; also some blue tissue paper, three files, a packet of powdered metal; and I saw a hat and coat found—I had seen Wright wearing a similar hat.
Cross-examined by MR. PURCELL. I know the five men who were in the public-house—it is my experience as a detective that they distribute bad coin in that way—I saw Wright distribute packets three times—I had no instructions from Langrish to apprehend him; I was merely to watch 8, Deans Buildings, which was taken from the landlord three weeks before April 8th, and I had not seen Wright before the 9th.
Cross-examined by MR. GEOGHEGAN. There are only four rooms in the house; there were four of us, and we unlocked the door and rushed in—it was about midday—I heard Evans shout as she ran upstairs—the blue papers were distributed in the public bar, and there was someone behind the bar—it was done with some amount of secrecy, so that a person behind the bar could not see—I only saw the woman present once when coins were distributed—I saw Evans taken into the female searcher's room; no bad money was found on her—I did not hear Mr. Chance read a marriage certificate at the Police-court, but I saw a paper in his hand—I have not seen this paper (produced) before; I did not take it out of Evans' hand—I did not ask her whether she was married or not, nor did anyone in my presence—Mr. Langrish is in charge of the case.
Re-examined. I knew the five men as associates of Wright, and I knew them to circulate counterfeit coin.
FREDERICK GRAY (Detective L) On 20th April I assisted in searching 8, Deans Buildings, and found a ladle of metal, six clamps, fourteen paper wrappers, a frame, eight wires for gilding, some white and blue paper, two wires, a battery, two basins, a piece of glass with plaster of Paris on it, four bottles of acid, two pieces of antimony or bismuth, some lampblack, some sand—I took May and Williams to the station, they were handcuffed together—May said, "I don't know how I came to be in this, I had no cause to be; I have always worked hard; it is only this last fortnight that I have been at this game"—Williams said nothing to that—I said, "If you can prove that you have been at work you had better give mo the name of your employer"—in the dock at the Police-court, Wright said to Evans, "You are my wife"—the inspector said, "She has given the name of Evans"—Wright spoke to May, but I did not hear what he said—May then said, "I might as well give my right name; my name is Evans, she is my wife, we are lawfully married"
Cross-examined by MR. GEOGHEGAN. When that statement was read at the Police-court Wright objected, and asked me whether he had said that the woman was his wife—May was my prisoner, and I think Evans was Garner's prisoner—Wright held up a paper at the Police-court; it was folded up, and I cannot say whether it had a seal—Wright said that it was a marriage certificate between May and Evans—it was not my duty to verify it.
CHARLES GARNER (Detective P) I was with Fogden on 16th April, and saw Wright and Evans enter the King's Arms in company—I saw thorn again on the 18th going into the City of Salisbury; I remained out side—Evans came out first, and then Wright—I followed Wright to 8, Deans Buildings; he let himself in with a latch-key—I was with Fogden when he took Wright, and afterwards went with the other officers to 8, Deans Buildings—I saw the door opened, and when we got to the end of the passage I saw a woman in a back room sweeping—she heard our noise, dropped the broom, and ran before us upstairs, and put her hands in front of me; but I said it was no use—we followed her up to the front room, and saw Williams and May sitting at a table, facing me—I said, "You seem busy here"—Williams looked over his shoulder, but did not, speak; I was close behind him—he was rubbing some florins which were on the table in front of him, and some were in his lap—May had got a crown or florin, and was using a small file—a great number of unfinished half-crowns and florins were on the table—there was a large fire in the room—a short blind was across the bottom of the window—I found in the fireplace two complete sets of double moulds for half-crowns and florins, which got broken in taking them out of the centre of the fire, where they were banked over with ashes—I found a battery on the table, two wires, with a good half-crown on one, and two florins on the other, and this florin on a separate wire—all these coins were on the table—I found in a cupboard downstairs in a glass basin under a hat these five packets of coins, ten half-crowns in each, wrapped in blue paper, and in a teapot a counterfeit sovereign, and in the pocket of a jacket this good sovereign—I found some brass fittings, also a tap similar to that on the battery Evans said, "I think this is a shame, for I know nothing about this; I only came here to clean the place up"—she was asked her name at the station, and said, "Abrahams," and Wright, who was by her side in the
dock, said, "We are man and wife"—she then said I shall give my right name, Evans—on the 20th, before going into the Police-court, Wright said to her, "If you say you are the wife you are sure to get off"—Wright then beckoned to me, and said, "This girl is innocent enough, they cannot punish her; she is under the control of her husband; we do not care about ourselves, but let her get off"
Cross-examined by MR. GEOGHEGAN. I did not hear John or Amelia Hawthorn mentioned, or Baylis—Wright handed in a paper at the Police-court, I did not see what it was—I had Evans in charge—when she said that she was married I did not ask to see the certificate; I thought it would be brought forward—I am not aware that it was found on her—I did not hear Wright tell the Magistrate that it was a marriage certificate; it was not read out in Court, and I did not ask what it was—she has been in custody the whole of this time—Mr. Armstrong appeared for her at the Police-court—Wright said that Mr. Wheatley got the certificate—I did not ask Mr. Wheatley about it—I have seen him here.
JOHN LANGUISH (Police-Inspector B.) On 20th April, I went with Garner, Fogden, and Gray with a search warrant to 8, Deans Buildings—I saw a female in a room at the bottom of the passage, and directed Garner to stop her—she immediately rushed upstairs to a room on the first-floor, where we found Williams and May actually engaged in making coin at a table—I was at the station on the 20tn when Wright was brought in—I said to him, "Where do you live?" he said, "Common lodging houses"—I said, "I believe you live in Deans Buildings, Walworth, and that you have in your possession a key that will admit anyone to the house"—he said "Ton can search me if you like"—Fogden searched him and found a latch key with which I got access to the house—I read the search warrant aloud in the room; May said to Evans, "You have done this for us"—she said, "Oh, don't say that"
CHARLES HILLS . I keep a toy-shop at 2, Deans Buildings, and have the letting of No 8; I let it to Wright on 8th April, at 9s. a week, and he paid 4s. deposit—nothing more has been paid—he was the only person I saw—this is the key.
Cross-examined by Williams. The back way is screwed up; there was a right of way once.
WILLIAM JOHN WEBSTER . I am Inspector of Coin to H M Mint—here are two double moulds, broken; one for half-crowns, and the other for a florin and half-crown—they have been on the fire—most of these florins came from the florin mould—there were 63 half-crowns, 33 of which were unfinished, and 30 had passed the battery—these 30 florins have all passed the battery—this is the coin from which the second mould was taken—four or five florins were found under a hat, from the same mould as the others—a" load "is 20, and" half a load" 10—here are six counterfeit sovereigns, one of which is gilt—this is an electric plating battery; here are four or five bottles of acid; these wires are to hang the base coins on in the battery, to get a deposit of silver on them; here is cyanide of potassium, silver solution; a ladle, with molten pewter in it; clamps, for holding the moulds; four files, some with metal on them; and some plaster of Paris and plumbago—these are all requisites for making counterfeit coin.
Witness for the Prisoner Evans MR. WHEATLEY. I am Secretary to St. Giles' Christian Mission, Brook
Street, Holborn Branch—Evans communicated with me when she was in prison; she told me she was married, and instructed me to go to St. Peter's Church, Walworth, where I got this certificate, and took it to the prison, so that it might go in as her property—she told me that May was her husband; they were both together at the time—she told me that he was married to her.
William Defence. I was not in the house ten minutes; the man who took me there got away I have been blind ten weeks, and could not have anything to do with it I cannot see you.
INSPECTOR LANGRISH (Re-examined) I never knew that Williams was blind, he had a glass on—he looked at me, and conversed with me, as he went downstairs, and I did not observe it—he was engaged at something when I went in—I am certain no one escaped the back way, it was impossible.
EVANS— NOT GUILTY .
WILLIAMS, WRIGHT, and MAY— GUILTY .
WILLIAMS** strongly recommended to mercy by the Jury— Five Years' Penal Servitude.
WRIGHT**— Ten Years' Penal Servitude.
MAY— Five Years' Penal Servitude. The Grand Jury recommended the conduct of the Police Officers.
MR. BIRON Prosecuted; MR. LAWLESS Defended Harper and D'Arcy; and MR. PURCELL Defended Lanagan.
NEWSON HART . I live at 16, Cross Road, Wimbledon, and am a general dealer, principally a buyer of drapery stocks—between eleven and twelve p. m. on 9th April I met two females in the Strand, and went with them in a cab to a house in Baron's Court, Waterloo Road—after a time they left me, and I was sitting on the side of the bed, when Harper seized me by the throat; I did not see him till he did so—I was thrown on my back on the bed, and while Harper held me down and knelt on my chest, Lanagan rifled my pockets and handed the contents to D'Arcy—I had started in the afternoon with £8, and I had something like £7 at this time loose in my pocket—I made as much noise as I possibly could, and the police rushed in and caught the prisoners in the act—they released me, and some money fell—I picked up a half-sovereign which dropped from the hand of one of the prisoners, I could not say which, I was too upset at the time.
Cross-examined by MR. PURCELL. I had been a teetotaler for six weeks before this—I started with £8 at four p. m., and went on business to Westbourne Grove—the women I met in the Strand I had known and stood drinks to before—I did not go with them to a coffee-house in Catherine Street on this night—I went into the Lyceum public-house about eleven o'clock, and before that into Messrs Barnes's public-house—before that I was looking for a friend who owed me money—I had been at the Redan in Westbourne Grove from seven to eight—I walked from there to the Strand, I believe I called into a public-house in Edgware Road and one in Oxford Street—I went into four or five public-houses, it might be, before I went to the Lyceum public-house—all I remember having was three or four glasses of bitter, and gin and peppermint—I don't recollect being refused drink at a public-house—I don't remember telling
my two old acquaintances that I had only got 12s., and that I would see them next day and give them money—I do not think I did—I don't remember asking one of the girls to give the cabman 2s.—I believe I gave him 2s.—I don't remember the landlady of a house refusing to let me in because I was drunk—I don't remember walking on till we came to the prisoner's house, where someone was singing, and the door open, nor our walking in, nor Mrs. D'Arcy coming downstairs and asking what we wanted—I don't think she said she did not let rooms, but she would ask Mary Ann to let us come in her room—I believe we all three went into a room on the ground floor—I do not remember drink being sent for, nor drinking with Mrs. D'Arcy—I do not think I began to be rather too free with Mrs. D'Arcy; she said, "I think you have had quite enough to drink"—I stopped for some time with the two girls—I will swear I did not say I had only got 2s. each to give them—they went away—they did not tell Mrs. D'Arcy I had no more money to give them, and they were going away—I don't remember Mrs. D'Arcy telling them they must take me away, nor do I remember their trying to put on my coat and boots—I was not undressed—I was on the bed with the two girls—I did not refuse to go out of the place after my friends had gone; I should have been too glad to get out—I might have said to Lanagan, "You dark little gipsy, I love you"—I don't remember taking hold of her, and saying so, when she came to turn me out of her room—Mrs. D'Arcy and Harper did not then try to drag me out of the room—I may have told the two girls I wanted to stay there all night—I don't remember Mrs. D'Arcy saying, "But Mary Ann won't let you"—my face was scratched in the struggle—I did not seize her by the throat—I have no recollection of Lanagan's complaint of my refusal to go out of the room—I cannot say whether she called out—I had not got hold of Lanagan's throat when Harper came into the room—he did not seize hold of me, and pull me away from her—I had spent a few shillings since 6 p. m.—I told the Magistrate I had been a teetotaler, and that all I had had was two or three glasses of bitter—I went to a coffee-house in Catherine Street with the two girls, and to many public-houses—I only spent a few shillings—I said I might have given them Is or 2s; my overcoat and boots, may have been off; my dress may have been disarranged—I could not say if D'Arcy told me to dress myself—I never kicked her—I never said I would not go out D'Arcy and Lanagan were in the room; most likely I kissed Lanagan—I may have offered her half-a-sovereign to—I had over £7 when I went into this room; I ought to have had it, considering what I spent.
Cross-examined by MR. LAWLESS. I stood drinks to no other women than the two I went to the house with.
THOMAS ROBERTSON (Policeman L R 17) About 12.30 o'clock on the morning of the 10th, in consequence of information, I went to Baron's Place, Waterloo Road, where I saw Norman—we watched this house for some time—after waiting about half-an-hour we heard cries of "Police, help!" and almost at the same moment the doors were opened, and two women and a man came out—Norman stopped them—I entered the house—in the front room, on the ground floor, I found the prosecutor, lying on the bed on his back; Harper was kneeling on him, with his hands on his throat; Lanagan had her right hand in his left trousers pocket, and her left hand was extended in the direction of D'Arcy, who took something
out of it; I could not say what—I pulled Harper off the prosecutor and called in the constable from outside, and gave him into his charge—I took the two females into custody—while I was assisting the prosecutor to get off the bed, Lanagan dropped some money out of her hand on to the floor; one of the coins, a half-sovereign, rolled towards the prosecutor, who picked it up and handed it to me—on the way to the station Harper made a most determined attempt to escape; he got away from Norman, but he was recaptured after a short chase and brought back—when the charge was read over Harper said,"—him," meaning the prosecutor; the females made no reply—after they were searched I got from the female searcher £4 in gold, 21s. 6d. in silver, and 8 1/4 d, which was found on D'Arcy—afterwards I searched 7, Baron's Place, with Norman, and in the room, close to the place-where Lanagan dropped the money, I found another half-sovereign.
Cross-examined by MR. LAWLESS. I did not go to the room on tiptoe; we rushed into the room—I don't know, but I believe D'Arcy is the landlady of the house.
Cross-examined by MR. PURCELL. Norman first called my attention to this house about 1 o'clock—I was in uniform—the street door was unlatched—it is hardly ever locked—the other constable stopped the two girls who came out, spoke to them, and let them go about their business—they went away, I believe—I went into the room immediately after—there was a paraffin lamp and candle in the room, I think—the bed was about two yards from the door—the door was shut, not fastened; I had to open it; they did not see me till I spoke—they did not say it was Lanagan's room; they appeared to be thunderstruck at my appearance the prosecutor stayed at the police-station that night; he could not get a train to Wimbledon; he was excited; it might have been from drink, or the way he had been treated—I should say he had been in a public-house that night.
JOHN NORMAN (Policeman L R 12), I was on duty on this night at the corner of the Waterloo Road and Baron's Place—I saw the prosecutor and two women get out of a cab; they stopped a short time, and went down Baron's Place—the prosecutor seemed under the influence of drink; I followed—they entered a house which I knew was a brothel—I waited some time, Robertson came up, I spoke to him, and we remained there till about half-past one, when I saw the two girls the prosecutor had entered the house with leaving—I stopped them, and at the same time I heard faint screams of "Help, Police!" proceeding from the house—Robertson went in, and almost immediately shouted, "Jack, come in here"—I pushed the two girls into the house, and went into the room, where I saw Robertson and the three prisoners—I said, "What is the matter?"—the prosecutor said, "I have been robbed of between £7 and £8"—Robertson and I took the prisoners into custody—the two women I had first stopped I let go, as the prosecutor said they had nothing to do with the robbery when I first saw the prosecutor he seemed under the influence of drink; he was very excited, and bore marks of violence over his face and neck, as if he had been roughly handled—on the way to the station, Harper suddenly slipped his coat and ran away—I recaptured him; he became very violent, and it took three other constables to get him to the station—when charged at the station with assaulting and robbing the prosecutor of £7 10s., Harper said, "Oh,—him," meaning the prosecutor.
Cross-examined by MR. LAWLESS. D'Arcy did not say, "You know I would not allow anything in my place; I could give him £5 if he wanted it"—she is landlady of the house—she has been out on bail ever since.
Cross-examined by MR. PURCELL. It was half-past twelve when I first saw the two girls and the prosecutor, one o'clock when the other police-man came up, and half-past one when I went inside—the prosecutor was not sober—Lanagan did not say it was her room.
EMILY BARBER . I am female searcher at Kennington Road police-station—on 10th April I searched the female prisoners—I found £4 gold, 21s. 6d. silver, and 8 1/4 d. on D'Arcy—one of the sovereigns was a Jubilee one—I found nothing on Lanagan.
Cross-examined by MR. LAWLESS. I found nothing on D'Arcy relating to her savings in the Post Office—the gold was in her purse.
JOHN NORMAN (Re-examined by MR. PURCELL). I took the names and addresses of the two girls who went into the house with the prosecutor—I afterwards met them casually in the Strand, and I took them to a public-house and gave them a glass of stout, as I wanted to ask them a few questions—they are outside the Court, I did not bring them here—Harper was in his trousers and shirt in the room; his boots were un-laced.
HARPER then PLEADED GUILTY** to a conviction of felony in April, 1886, at Manchester, in the name of Williams; and LANAGAN* to one in September, 1888, in the name of Mary Ann Flaherty. HARPER— Eighteen Months' Hard Labour, and Twenty-five strokes with the Cat. D'ARCY** and LANAGAN— Twelve Months' Hard Labour Each.
The Court commended the conduct of Robertson and Norman.
MR. POYNTER Prosecuted.
ALFRED SLATER . I am a labourer, of 2, Kenton Street, Bermondsey—on the last Saturday in March I was with Lamb in the Waterloo Road between a quarter to nine and a quarter-past nine—we were a little the worse for liquor—two men came along, one gave me a blow in the mouth and knocked me down, he had his hand on my throat; he took the watch from my pocket, broke the chain, and ran away with the other man while I was down—I believe Smith was one of the men, I could not swear to him—on the Sunday morning, at ten o'clock, I went to the police-court—I saw some men there, and picked Smith out—I said I had a strong idea he was the man, but I could not swear to him—my watch was silver, and worth £1, my chain was nickel—my head ached next morning with the bump on the pavement—my mouth was swollen.
Cross-examined by Smith. The man that knocked me on the pavement stole my watch—you stole my watch, I cannot swear to you.
Cross-examined by Adams. I do not swear you hit me in the mouth.
WILLIAM LAMB . I live at 26, Ernest Street, Bermondsey, and am a labourer—on this morning I was with Slater in the Waterloo Road—Slater was knocked down, I saw his watch taken, I do not see anybody here who did it—I was knocked down by a man who had his hand in my pockets—I was a little the worse for liquor—when I got up the two men were gone.
Cross-examined by Smith. I said at the Police-court a chap with a light overcoat robbed me.
JOSEPH CARVER . I am a grocer's assistant at 280, Waterloo Road—about a quarter or five minutes to nine on this night I was in the shop—I saw Slater and Lamb walking along arm-in-arm—Smith came up and knocked Slater down, and snatched his watch and ran away—I saw Adams kneeling on Lamb's chest—I ran after them to the top of Duke Street; I was there knocked down—I got up and ran after Smith, but I missed him at the bottom of Pollard's Court—I spoke to a constable—on the Saturday night I went with Slater to the police-station, and picked Smith out of seventeen or eighteen others; no one indicated who I was to pick out—about a week afterwards I saw Adams; I am sure he is the man I saw at the station.
Cross-examined by Smith You hit the man in the mouth and knocked him down—I was in front of the counter—I only recognised you as knocking Slater down.
Cross-examined by Adams. I saw you at the corner on the man's chest.
ALFRED WARD (Police Sergeant) About half-past 9 on 30th March I saw Carver and Slater at Kennington Station; they made statements, and in consequence I went to the Equestrian public-house, Blackfriars Road, where I saw Smith and a number of others in front of the bar—immediately I entered Smith turned round and covered his face with his hands—I took hold of him while Boswanll took his companion—we took them outside—I said to Smith, "I want you for being concerned with another man in assaulting and robbing a young fellow in the Waterloo Road this evening"—this was 12 o'clock—he said, "All right, I will go with you"—he went to the station—Slater was sent for—Smith was placed with fifteen or sixteen others in the reserve room, and Slater at once identified him—Carver identified him first.
FRANCIS BOSWALL (Police Sergeant L) I was with Ward when he arrested Smith—I have heard his account; it is correct—I continued my search, and on 8th April I went to the George public-house, Waterloo Road, where I saw the man I had arrested with Smith on suspicion at the Equestrian, with Adams—I said to Adams, "You answer the description of a man I want; I am going to take you to the police-station for being concerned with Smith, in custody, in stealing a watch from a young man last Saturday week, the 30th, and assaulting him"—he said, "I was not there, I don't know anything about it"—when charged at the station he said, "I admit I was there with Smith, and saw it done, but I did not do anything myself; I never touched the man or stole anything"—I wrote that down and read it over to him—he said nothing—I searched and found on him ten shillings in silver and sevenpence in coppers—Adams made that statement in the presence of Ward and twenty other witnesses at the police-station, and I read it over and gave him an opportunity of saying anything else—I asked him if he would sign it; he made no reply—I asked hum if he wanted to make any qualification—Ward heard me.
ALFRED WARD (Re-examined) I have heard Boswall's evidence; I corroborate it in every particular as being strictly correct—Adams repeated the statement—he admitted being there, but said he did not take part in the robbery.
The Prisoners, in their defence, denied all knowledge of the matter
SMITH— GUILTY .
ADAMS— NOT GUILTY .
MR. POYNTER Prosecuted.
The evidence of William Lamb, Joseph Carver, Alfred Ward, and Francis Boswall, an given in the previous case, was read to them by the shorthand writer; they assented to it.
Cross-examined by Smith. I did not see you there.
Cross-examined by Adams. I did not see you there.
The Prisoners, in their defence, denied all knowledge of the matter
SMITH— NOT GUILTY .
ADAMS— GUILTY .
ADAMS then PLEADED** GUILTY to a conviction of felony in September, 1888, at Southwark Police-court— Nine Months' Hard Labour.—SMITH*— Ten Months' Hard Labour.
The COURT considered that both Police Sergeants deserved great credit for their conduct.
486. HENRY GREEN (50) PLEADED GUILTY * to breaking and entering the dwelling-house of James Wilson, and stealing spoons and other articles; also to breaking and entering the dwelling-house of Thomas Acton Warburton, and stealing a brooch and other articles; also to burglary in the dwelling-house of William Powell Branson, and stealing three coats and other articles; also to a conviction of felony at this Court in January, 1887 It was stated that the proceeds of fourteen burglaries were found at the prisoner's lodgings. — Eight Years' Penal Servitude The COURT highly commended the conduct of officers Gray, Jupe, and Moss, and awarded them £3 each.
Before Mr. Recorder.
487. CHARLES FRENCH (39) and JOHN THOMPSON (22), PLEADED GUILTY to breaking and entering the dwelling-house of Francis Robert Allen, and stealing one glass, a bracelet, and other articles, Thompson having been convicted in 1882 in the name of Thomas Edwards. FRENCH— Eighteen Month' Hard Labour. THOMPSON— Seven Years' Penal Servitude. And
488. JAMES FERGUSON (44) , to stealing a watch, the property of Arthur Marshall; also a watch from the person of Harry Bovington, after a conviction at Clerkenwell in the name of James Atkinson.— Eighteen Months' Hard Labour. [Pleaded guilty: See original trial image.]
MR. GILL Prosecuted; MR. ORMSBY appeared for Rhys; and MR. HATTON for Alcock.
ALFRED ENOCH MYATT . I keep the Cranbourne Arms, St. Martin's Lane—on 3rd July last a man named Hastings Fraser came in, and handed me a cheque for £35 6s., drawn on the City Bank to H Fraser, Esq., and signed E Magnay—I gave him £16 that day, and afterwards £14, and a day or two afterwards he came in with the prisoner Rhys,
and said, "Will you let us have £5?"—there was £5 6s. remaining on the cheque, and I gave Rhys £5—he said that it would be all right—he did not mention the cheque, but there was nothing else which could be all right except the cheque—Torrens gave me Mr. Magnay's address, 11, Poultry—I paid the cheque into my bank, and it came back marked, "Refer to drawer"—I wrote to Magnay at 11, Poultry, and got this answer (Signed G W Gerrard, stating that Mr. Magnay would not be in town that day, but would call on the witness on Monday)—I also wrote to Rhys, who had given his address in writing, and got this answer—(T W CLARKE stated that this was in May's writing, it was from Rhys, of 100, Regent Street, stating that he would see the witness on Monday and talk over the matter)—Rhys did not meet me at Magnay's—I went to the Poultry, and spoke to Magnay about the cheque—he said he would see Rhys about it—I went twice, but never got the money—I saw nothing more of Rhys—I got nothing for cashing the cheque.
Cross-examined by MR. ORMSBY. I am not certain whether the interview took place before or after the cheque was returned—I do not remember that Rhys promised to repay me the £5 next day—I wrote to him, and asked him to pay it to me after the cheque came back—Rhys had nothing to do with the cheque—I knew where to communicate with him—I said before the Magistrate, "Rhys promised to pay me the £5 back next morning"
Re-examined. When I parted with the £5 to Rhys I had seen him once before with Fraser, who introduced him as his cousin.
SIDNEY HOLE . I am manager to Mr. Guyer, a provision dealer, of Brixton Road—in 1888 I had a customer named Magnay—that is the man—on September 1st, 1888, Rhys, who I did not know, came and showed me a cheque for £2 10s; I looked at it, and said, "Are you Captain Rhys?"—he said, "Yes"—I said, "It is a very unusual name; I only know one Rhys, who writes as C C R in the Sporting Times"—he said, "He is my brother," and produced this paper; and said, "Do you know Magnay? I took him down to my old regiment at Aldershot and introduced him, and we had lunch, and we sold a case of cigars between us to the regiment, and Magnay gave me the cheque as a kind of commission"—I believed it was a good cheque, and gave him £2 10s., and he left—he called again on, I think, Tuesday the 4th—tho first cheque had not come back then—he said, "Look here, Magnay has given me another cheque; will you give me change for it?"—it was for £3, which I gave, him—both cheques were paid in, and came back marked "No effects"—I went to 33, Effra Road, but could not see Captain Rhys or Magnay—I did not see Rhys again till he was in custody.
Cross-examined by MR. ORMSBY. I went to 33, Effra Road because Rhys told me he had been staying there with Magnay—I cashed the cheque because Rhys said that he was the brother of a man who I knew.
FRANK BARNES . I keep the Bell Tavern, Basinghall Street—I know Major Torrens as a customer—on 26th October he came and produced a cheque for £11 16s. 6d., and asked if I would kindly change it for him—he said that Mr. Byron, a solicitor in the Buildings, had business of his in hand, and I ran upstairs to see whether it was correct, but Mr. Byron had left—I told him I would let him have a little to go on with, and offered him two sovereigns—he said, "That will not be sufficient to carry
me over Sunday"—I gave him £3, and he said he would call on Monday for the balance—I never heard of his calling again—I paid the cheque into my bank and it was returned marked "No effects"—I did not see him again till he was in custody (The cheque was payable to Major C. S. Torrens, and signed, 'H Vernon")
Cross-examined by Torrem. If I had known you better I might have let you have all the money on the cheque—I put the matter into Mr. Byron's hands, and he wrote to you, I believe.
THOMAS WILLIAM CLARKE . I am a mortgage broker, of 16, Clifford's Inn—I know Alcock—he introduced Magnay to me in the beginning of 1888 as a colonial broker and wine merchant, and I introduced Magnay to the Aldgate branch of the City Bank, and he opened an account there—on November 5th, 1888, Alcock and Magnay came to see me—Magnay handed me this cheque to get cashed, and give the money to Alcock—it is payable to James Adams or order, that is the clerk—it was early in the morning when the cheque was given to me, but it was late in the afternoon when I cashed it—I handed it to a friend to pass through his bank as I had no account, and it came back marked as "No effects"—Alcock came to me next day, and I said, "The cheque has come back, I want the money"—he said that he would move heaven and earth to get it—I met Magnay six or seven weeks afterwards in Holborn with Alcock—he said he would let me have the money the next day—I had lent him other sums—he came the next day, and brought me the bill for £11 payable at one month to Magnay at the Aldgate Branch of the City Bank—on January 1st Alcock came to me with this cheque (produced), and asked me to give him some small sum on it, but I said, "No; it is signed 'Vernon,' "which aroused my suspicions, and I asked him who Vernon was—he said, "He has two names, Magnay de Vernon "; I said, "Why did you not tell me that before?"—the two cheques are drawn on different banks.
Cross-examined by MR. HATTON. I have not received a penny for cashing the cheque—I have known Alcock twenty years—I handed him the money at Magnay's request—he told me that Magnay owed him something like £80—I got the money from Mr. Holt—the cheque was returned about four days after—I had lent Alcock money several times—the £10 cheque was not given me to repay money which he had borrowed of me—I got the money for the £3 5s. cheque from Mr. Holt—I repaid him directly the cheque was returned.
Re-examined. I have seen Magnay, Rhys, and Alcock together, and Torrens, Alcock, and Magnay also.
Cross-examined by MR. ORMSBY. I saw Rhys and Magnay together I think three times late last year at the Mitre, Chancery Lane, talking together THEODORE GEFFER. I live at 23, Henry Street Buildings, Pentonville, and am canvasser to Mr. Hamlin—I know Torrens—the clerk introduced him to me—on January 9th he came and asked me to ask Mr. Hamlin to change a crossed cheque—I said, "He is very busy, I cannot ask him now; come to his place of business to-morrow"—next morning I called at Mr. Hamlin's private office and found Torrens talking to him; and when he came out he asked me to come outside, and said he had asked Mr. Hamlin to cash a cheque for him and he refused; and asked me to use my influence to get him a couple of sovereigns on account, the balance to be paid when the cheque was honoured—he gave me this
cheque for £7 5s.—I asked him in whose favour it was drawn; he said he did not know—I went in and spoke to Mr. Hamlin, and received a sovereign from him, which I gave to Torrens—he said the drawer was a hay and straw salesman—the cheque was paid in and came back on the 13th, marked "No effects"—I saw Torrens several times afterwards, and mentioned that the cheque had come back dishonoured—he never asked me for the balance.
Cross-examined by Torrens. When I asked you who the drawer was you did not mention Galstone, in Suffolk; you said Galway, in Ireland—I asked you who the man was in whose favour the cheque was drawn, and I said that I did not know—it was drawn in favour of Mr. Adams, and dated November 8th—you told me you did not know the name—to the best of my recollection you told me you received it from Mr. Clark—I saw Clark waiting outside for you after I handed you the sovereign—Clark gave me 1s., which I returned to you in the afternoon—I am not convinced that Clarke gave you the cheque—I did not accompany Clarke to the Police Court and swear this information; I made an appointment for eleven o'clock next morning at the Police Court—I merely went there on his behalf—MR. Hamlin asked me to go and swear the information, and I did so.
WILLIAM HENRY OVERHILL . I am head-waiter at the Elephant and Castle—on Saturday, February 2nd, a man named Dudley, who I knew, came there with the prisoner Alcock, and handed me this cheque to change, but Alcock was not present then—I gave it back to Dudley—I was then upstairs in the dining-room—Alcock came up while I was there, but the Inspector came up before that—I was there when Dudley and Alcock were taken in custody—the Inspector spoke to me, and I did not part with any money.
ALFRED HENRY ANDERTON . I was at the Elephant and Castle one Saturday afternoon when Alcock was there with Dudley—I had some conversation with Dudley, and saw a cheque produced—I did not see Alcock till he was on the road to the station.
WINNARD TRIMMELL . I am cashier at the Aldgate branch of the City Bank—an account was opened there in the name of E Magnay—this (produced) is a copy of it; I have compared it with the books; it is correct—it was opened on April 19th, 1888, by £40 being paid in—it was kept open four months, balanced on 25th July, and was found to be 7s. 6a overdrawn; it was closed—since that several cheques have been presented at the bank, which were not honoured; they were on forms from two books issued to E Magnay.
WIGHTMAN COOPER . I am assistant-manager of the London Trading Bank, 12, Coleman Street; a customer named H Vernon opened an account with £100 on August 10th, 1887, which was closed on September 30th the same year—these two cheques are drawn on forms issued to him—there was no money to meet them at those dates—the account was 1s. overdrawn.
Cross-examined by Torrens. The cheque in your favour is marked "Refer to drawer"—that is not usual when the account is closed—Vernon gave his address 8, Union Court, Broad Street—we went there, and he had left.
knew him, and spoke to the head barman—I then went to the dining-room upstairs, and asked some questions of the head waiter, who pointed out Dudley to me—I spoke to Dudley and then went down and told Alcock I was a police-officer in plain clothes, and wanted to speak to him in reference to a cheque—he said, "I did give the cheque to my friend Mr. Dudley; he said he could get it cashed for me I have a wife and seven children at home starving, and want some money to go on with"—I left him in the office, went into the saloon bar, and saw Alcock trying to put some paper behind him—I asked him to go up with me and see Dudley—I left him there and picked up the paper he had torn up and put it together—it was an open cheque for £5 14s., signed by Magnay, but no name or date—I asked Alcock where he got it—he said, "From Mr. Magnay, of the Horse Shoe, who owes me £60 or £70 for commission on discounting bills"—I told him it was not satisfactory, and I wished him to go to the station with me—when there I asked him if he knew anything about any more cheques—he made no answer—I said, "What was that you tore up behind your back at the Elephant and Castle public-house?"—he said, "That was another cheque given me by the same man, at the same time, for £5 4s."—I said, "Why did you tear it up?"—he said, "I don't know; I can't explain it"—Alcock made no reply to the charge—on March 2nd I found Rhys in custody, and showed him this letter, and these two cheques—he said about the letter, "That is my writing;" and as to the cheques, "Those are my endorsements; I wish to say one thing, I never lived in Effra Road, and never represented that I lived there"—I found a pocket book on him with eight appointments with Magnay in it—on March 27th I saw Torrens at the Mitre Tavern, Chancery Lane, and said, "Major Torrens, I presume?"—he said, "Yes"—I said that I wanted to speak to him outside, and should take him into custody on a warrant, for obtaining money from Barnes and Geeffer; he said, "That is all right"—when charged at the station he made no answer—on April 11th I saw Magnay in the New Kent Road; I said, "Mr. Magnay"—he said, "No; my name is Aigney"—I arrested him—he said, "I did not have one-fourth of the money; it was given to Alcock by Clarke—I asked him if he had a revolver on him; he said, "No"—he gave his name, Henry Eugene May Magnay de Vernon—I can find no trace of business being carried on as cigar dealer, or hay and straw dealer.
Cross-examined by MR. HADDON. I have searched the Army List, but cannot find Captain Rhys or any Rhys at all, but I was shown the same Christian and surname in the West York Militia—Rhys gave me all the information he could.
Cross-examined by MR. ORMSBY. Dudley was in custody a week, and some weeks on bail, and was afterwards discharged.
T W CLARKE (Re-examined) I did not give Torrens this crossed cheque; it was never in my possession—Torrens sent me to Catherine Street—he owes me nearly £890; here is a writing for £597—he has taken the vouchers, and here is his own letter; here is an I O U for £5; these papers are in his wife's writing—I was never in possession of Geeffer's cheque, and did not give it to Torrens to get it changed.
Torrens, in his defence, stated that he did not know Rhys, that although it had been sworn that he was constantly seen with Vernon in 1887, he could prove that he was not at liberty in 1887; that the only cheque he changed was one
for £3 paid him as commission; it was returned marked "Refer to drawer"; that there were letters to prove that the money was paid for work done; the first cheque was for commission, and the second cheque Mr. Clarke gave him, and asked him to get it changed Vernon, in his defence, said that he had not conspired to obtain money', nor had he obtained any; that he believed he should be able to meet the cheques which he gave, and the amount advanced on them was not large; that he expected to receive a large amount of money, and thought he should be able to repay the amount.—
Vernon and Alcock then PLEADED GUILTY to previous convictions. RHYS— Eighteen Months' Hard Labour. TORRENS, ALCOCK,and VERNON— Five Years each, with Penal Servitude.
MR. PICKERSGILL Prosecuted.
THOMAS TAYLOR (Policeman W 53) On 3rd April, about 12 30 p. m., I was with another constable in Battersea Park Road, and saw the prisoners together—we followed them to 22, Stewart's Lane West, and left them at the door; two were at the door and the other tapping at the window; I did not see them enter—I patrolled the streets, and about 4 30 I saw Harvey leap over the fence of the London, Chatham, and Dover Railway and go towards Stewart's Lane West—I seized him and asked where he had been; he said, "At work;" his pockets were bulky—I asked what he had—he said, "Nothing; only tobacco;" he pointed towards Stewart's Lane West and said, "Why, I only live there"—I put my hand in his pocket and found 3 ozs of tobacco; I took him to the station—I found in one coat pocket a paper-bag containing 256 farthings, and in his trousers pockets 5s. 3d. in bronze and 5s. 9d. in silver; he persisted that he had nothing more about him, but I found in his watch, pocket 40 three-penny pieces wrapped in paper, two post cards, two oozes of matches, a purse, and about 8 ozs of tobacco—he was charged with unlawful possession, and made no answer—I went to 22, Stewart's Lane West, about 5 30 a m—I knocked at the door; a man opened it a few inches; he saw us and immediately closed it—we forced our way in just in time to see a man escape out at the window—we took Lowe and Howard into custody—on the table of the room were eight boxes of cigars, one box of cigarettes, 10 ozs tobacco, and 35 billiard balls—I asked them how they became possessed of those things—they made no reply—I told them I should take them into custody for the unlawful possession of them—they said nothing—I was present when they were charged with the burglary—they made no answer.
WALTER JAMES FLAXON . I am manager to Mr. Reeve, who keeps the Duke of Edinburgh, Ferndale Road, Brixton—I live on the premises—on 4th April, about 1. a. m., I fastened the house securely and went to bed—I came down about 7. 30 and found the back parlour door-lock had been tampered with, and it was open; the shelves had been emptied of the cigars which were there the previous night; a cupboard in the front parlour had been opened; a window was broken; and all the cupboards in the kitchens had been ransacked—I missed eight boxes of cigars, some billiard balls, and pyramid and pool balls; also 10s. worth of three penny pieces done up in newspaper, and a quantity of farthings; there
were 15s. worth at the first, but a few had been taken out for business purposes, the rest were left in the bag; I can't say the exact number—the value of the property I missed was about £25—I have an idea that I saw Lowe in the house about three weeks before; and he had to go to the back premises, and while there could have examined the windows.
GEORGE ELLIS (Police Inspector) I went to the Duke of Edinburgh; the back of the house abuts on the rail; there is a short garden—I saw footmarks of more than one person on the railway, and in the garden—a large pane of glass had been taken from the scullery window; they could then get in there—an inner door was forced, also the door leading from the bar—a cupboard in the front parlour was forced open, and the contents strewed about the room—the railway runs in front of the houses in Stewarts Lane West, and there would be no difficulty in getting along it; but it would be trespassing—the distance is two or three miles.
Howard and Lowe, in their statements before the Magistrate, and in their defence, said that they knew nothing of the burglary; they had been to a benefit, and came home, and went to sleep in their chairs till morning, when the constable took them.
Harvey, in his defence, stated that he had been to a benefit, and got into company with the man not in custody; that he had to cross the railway, as it was the nearest way, and saw two men, one of whom asked him to hold a parcel and same money, and to take it home, and then the constable took him, and that his real name was Hall
491. The said WILLIAM HOWARD, GEORGE LOWE , and WILLIAM HARVEY , were again indicted with KATE GROVES (23) , for breaking and entering the dwelling-house of William Thursby, and stealing a bed, a bolster, and other articles, his property.
MR. PICKERSGILL Prosecuted.
THOMAS TAYLOR (Policeman) On 4th April, about 4 30 a m, when I went to Stewart's Lane West, and took Howard, I saw the prisoner Groves come out of a front room, in which I found a bed, a bolster, three pillow-cases, three sheets, and other articles—Groves was wearing this chemise—some things were also in the back room, and Groves persistently said that they were all her property, but Mrs. Potter identified them next day, and I then took Groves in custody—I took Harvey on the morning of the 4th about ten yards from No 27, Stewart's Road, for loitering; he pointed to No 22 and said, "I only live there"
ALFRED GILHAM (Police Inspector) On 4th April, about 5 p. m., I went to 22, Stewart's Lane West and saw Groves—I went there the day before and removed some of the property, and afterwards we removed the whole of it—I said to Groves, "There is a large quantity of property found in the house which you said yesterday belonged to you, you will be taken into custody for receiving it"—she said she knew nothing about it, and afterwards she said the men brought the bed and several other articles on Sunday night about 9 o'clock; and she repeated that statement at the station—she said, "I don't know anything about the property; I occupy one room here"—that was the front room—I charged the prisoners at the station; three of them said nothing; Howard said, "How many more cases are you going to bring against me?"
WILLIAM THURSBY . I am a laundry proprietor, of 102, Shapcoat Lane, Battersea—on Saturday night, March 30th, I left my premises secure, and at 11 o'clock on Monday morning I found they had been broken open and ransacked from top to bottom, cupboards broken open, drawers turned out, a lot of property missing, and the gas burning all over the building—the washhouse shutter was broken and wrenched off; but they could not effect an entrance that way, and broke into the kitchen—I have seen some of the missing property in the possession of the police; my daughter identifies it.
ELLEN POTTER . I am the daughter of the last witness, and at this time lived with him, and was in business there—I have seen some goods in the possession of the police; they are my father's property, and were in his house.
Groves' statement before the Magistrate: "I do not know where they got the things from; I only moved into the house on Saturday night"
Howard's Defence. I know nothing about it; a man told me he had sold Groves a few things for 1s. 6d., therefore I believe she is perfectly innocent.
Groves' Defence. I do not know where the things came from; I was only in the house four days; I took the house of Mr. James, and he asked me if I wanted to buy a few things; I said, "No," but he pressed me, and I gave him 1s. 6d. for them, and said he could have them back, if he wanted them; if I had known they were stolen I would not have had them.
GROVES.— NOT GUILTY .
HOWARD, LOWE,and HARVEY— GUILTY .
Law then PLEADED GUILTY to a conviction at Wandsworth on June 1st, 1885, and Harvey to a conviction at Wandsworth on 2nd March, 1887— Twelve Months' Hard Labour each.
WILLIAM HENRY OSMOND . I was manager to Emmanuel Levy, of 235, Walworth Road, on 30th March—the prisoner came in that day—I courted his custom, and he selected a suit of clothes; he gave me an address—I sent a boy with him, giving him instructions, which the prisoner did not hear—the boy returned without the clothes or the money—his instructions were not to deliver the clothes without the money—MR. Levy informed the police; and three days afterwards I picked the prisoner out at the station from among other men—I have no doubt he is the man.
Cross-examined by the Prisoner. A policeman did not say, "That is him with the peak cap on"
MORRIS SOLOMON . On 30th March I was cashier to Mr. Levy—I saw the prisoner in the shop that day, and Mr. Osmond instructed me to go with him, and take a parcel to the Garibaldi public-house, Camberwell Road—when I got there the prisoner took the parcel out of my hand, and said he was going upstairs to get the money out of his box—he did not return—I waited about ten minutes, but never saw him or the parcel—I afterwards identified him at the station from among other men.
Cross-examined. I was not told your description—no policeman told me which was the one.
Cross-examined. An officer did not say to me, "Which is your man?" nor did I say, "That is him with the peak cap"—there is no truth in that.
The Prisoner, in his defence, asserted his innocence, and repeated his statement that the police pointed him out to the witnesses.
He then PLEADED GUILTY to a conviction at Lambeth Policecourt in 1887 There was another indictment against him for a similar offence.— Twelve Months' Hard Labour.
NOT GUILTY .
ADJOURNED TO MONDAY, MAY 27TH, 1889.