CENTRAL CRIMINAL COURT
EIGHTH SESSION, HELD MAY 27TH, 1889.
MINUTES OF EVIDENCE.
TAKEN IN SHORT-HAND, BY
JAMES DROVER BARNETT
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CENTRAL CRIMINAL COURT,
Held on Monday, May 27th, 1889, and following days.
BEFORE the RIGHT HON. JAMES WHITEHEAD , ESQ., LORD MAYOR of the City of London; the Hon. Sir WILLIAM GRANTHAM , Knt., one of the Justices of Her Majesty's High Court of Justice; Sir HENRY EDMUND KNIGHT , Knt., Alderman of the said City; Sir THOMAS CHAMBERS , Knt., Q. C., Recorder of the City; JOSEPH SAVORY , Esq., DAVID EVANS , Esq., STUART KNILL , Esq., GEORGE FAUDEL PHILLIPS, Esq., and 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. EIGHTH 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 27th, 1889.
Before Mr. Recorder.
494. GEORGE GREEN (35) and WILLIAM KING (50) were indicted for breaking and entering the warehouse of Joseph Widdows, and stealing there from 370 skins, of the value of £140. Second Count, for receiving the same.
MESSRS. GILL and ORMSBY Prosecuted;MR. BURNIE appeared for Green,MR. BESLEY for King.
JOSEPH WIDDOWS . I am a leather dresser, of 138, Abbey Street, Bermondsey—on Saturday, 13th April, my warehouse was safely locked up, and all the men left—about half-past 5 I went there again, to see for letters, and all was then safe—on Sunday morning about half-past 5 the police called me up; the place was then broken open, the padlock had been wrenched off, and the main lock of the big door was forced, also the lock of the warehouse door—I missed about 32 dozen Morocco skins, value about £140—I recognise some skins produced as part of those stolen.
Cross-examined by MR. BESLEY. I was here last Session when the case was down for trial.
EMMA ARNO . I live at 71, Canal Road, Hoxton, and am a dressmaker—I first saw Green about three or four months ago at a public-house—I first saw King one night, about a month ago, with Green in Kingsland—on Sunday, 14th April, the Sunday before Good Friday, I met Green in Kingsland Road—he asked me if I would have something to drink, and I went and had it—he then asked if I would mind two parcels for him for a few days—I asked him what they contained—he said, "Leather"—I said I did not mind; and he said he would bring them the next night—
he said he would give me a few shillings, or 5s.—next night, about half past 8, he brought five parcels; four of them were done up in sacks and one in bed-ticking, and tied up with rope—he left them there—he brought them in a cart—I did not see him again until he came to take them away, about a fortnight afterwards, on the 1st of May, about half past 7 in the evening—he said he would come back about half-past 8 and fetch them—he came back with a van with a cover, and took the five parcels away—he said he would come back in an hour, and pay me the money he had promised—I have not seen him since till now—I after wards saw the sacking and bed-ticking at the police-station—I was here last Session—I was brought here on subpoena.
Cross-examined by MR. BURNIE. I went to the Police-court on the Monday, the police came and fetched me—I did not make any statement there, I made it at my own house next morning—I said at first that it was on the Thursday before Good Friday that Green brought the skins, but I afterwards altered that—I did not exactly know the day—it was on the Monday—I found out I had made a mistake when I went to see the parcels—I then told the police I had made a mistake, and they said I should have to rectify that when I came here—it was on the Monday before I was here last Session.
Cross-examined by Mr. BESLEY. It was before Good Friday that I saw King in company with Green—Green spoke to me, and King passed on—that was in the Kingsland Road—I did not see Green again after I took the parcels in, till he came and fetched them—I had not communicated with the police in the interval—the police came to me about three-quarters of an hour after Green had been for the parcels—I never saw Panther that I know of.
WILLIAM BRADFORD (Police Sergeant). On Thursday, 18th April, I was passing Green's shop—he keeps a cat's-meat shop in Abbey Street—I was in company with another officer—knowing Green, we spoke to him; he came outside, and we entered into a general conversation for some few minutes; and I said to him, "Have you heard about the warehouse being broken into in Abbey Street?"—he said, "No; whose place was it?"—I said, "Widdows'"—he said, "What's gone?"—I said, "About 32 dozen of skins"—he said, "Oh, what sort are they?"—I said, "They are different colours, greens and roans; they are no use for boots, only for furniture"—he said, "Oh, that is the first I have heard of it; but if I do hear anything I will keep my ears open, and I will let you know"—his shop is about 150 yards from Mr. Widdows' place—I am stationed at Bermondsey—the next time I saw him was at Dalston Police-court.
Cross-examined by MR. BESLEY. I did not give evidence before the Magistrate—I was in attendance here last Session—I sent a statement to Inspector Helson of the conversation I had with Green, before last Session—at the time I had that conversation I did not suspect him of being concerned in this case; it was a casual conversation—I did not give information about it at the time: I mentioned it to Helson—I made no note of it, I remember it perfectly—I attached no importance to it at the time.
JOSEPH HELSON (Police Inspector). On 15th April I had information of this robbery, and on the 30th I had these three skins brought to me—in consequence of a communication I had I spoke to Panther, and from that time he acted under my instructions—on the evening of 1st May I
saw him in conversation with the prisoners in Moorgate Street—that was a little after 6 (I had seen Panther in the interval from time to time till the 30th)—I then saw him in Moorgate Street Station a little after 8, with the prisoners in Kingsland Road, near Shoreditch Workhouse, when they were arrested—I afterwards searched Green's house, 39, Abbey Street, with Sergeant Godby—I found this piece of leather, or skin, in a drawer at the back of the kitchen—next day I searched the whole of the skins found in the van, and among them I found cut marks which exactly fit one from which a piece has been cut.
Cross-examined by MR. BURNIE. I saw Bradford at the Dalston Police court; he made a statement to me—no notice of that statement was given to the defence last Session—Panther was at the Police-court; he did not give evidence there—no notice of his evidence was given to the defence until last Saturday—I was in court at Dalston when Enright gave his evidence; he told the Magistrate that there was no name on the van.
Cross-examined by MR. BESLEY. I superintended the entire employment of Panther—I have done so before; not exactly under similar circumstances—I have employed him two or three times before, at least—personally I don't know of any conviction against him, but as a fact he has been convicted and had penal servitude—the whole scheme of his appearing was got up by me—I supplied a portion of the £35 to purchase the skins; he had £25 himself, I supplied the remainder—I pay him when he works for me, according to circumstances; I should not let him lose by it—the £25 was earned in his business, I imagine—I have known him between two and three years—I was using this van—it had no name on it; I told the Magistrate so—I have never seen Leah on this matter.
JOSEPH PANTHER . I am a greengrocer, of 33, Foster Street, Bethnal Green—I was convicted between ten and eleven years ago on Tuesday, 30th April, Inspector Helson sent for me and showed me three skins, and had some conversation with me about them—after that I went with Sergeant Edwards and Vagg that evening to a public-house in South Hackney—after I had been there about ten minutes or a quarter of an hour King came in with another man, who I was to meet there—that man said to King, "Here is a man that is likely to buy the leather," pointing to me—I don't know the man's name; he was a man with one eye—I said to King, "How many of them is there?" he said, "34 dozen"—I said, "And the price is how much?" he said, "They cost me £1 a dozen; I will take 4s. a dozen profit"—he said, "I would not part with them at that price, only they have come from a hot shop over the water, and if you will take the lot you can have them for 24s. a dozen, and they ought to fetch you £100"—after trying to get them a little cheaper I agreed to have them at his price—he said, "Have you got the money to pay for them?"—I said, "Yes; let us see how much they come to"—he reckoned it up and it came to £40 16s.—he said, "If you buy these, be very careful what you do with them; don't take them on the hawk"—I told him he need not trouble himself about that, as I thoroughly well knew what to do with them when I got them—I asked him when I could have them—he said, "You can't have them to-night, they are over the water"—I said, "Make your own time and appointment"—he said, "You can't have them till after 6 tomorrow night"—he then wrote a letter at the public-house bar—he showed me the letter after it was written—I asked him to let me post it—he said he would post it himself—I met him at
Moorgate Street Station at 6 next evening—I saw the police waiting in a garden up the street—next evening, about 6, I went with a pony and van to Moorgate Street Station—I saw King reading a newspaper—I went and spoke to him—we then went into a public-house, where the van was standing, round a by-street; he said, "Have you got the money?"—I said, "I have got £35 in gold," showing him the money—this was when I was with King alone—I said I could get the other £5 in Bethnal Green Road—he said, "Wait a minute, I have got my mate outside"—he then went out, and in about two minutes he came in with Green—Green said, "Have you got the money?"—I said, "No; I am £5 short, as I told King, but if you will fetch the skins from over the water, and bring them to the Swan, in Bethnal Green Road, I can borrow the other £5 there"—Green then said, "The skins are not over the water, they are near Haggerston Station; you can't have them till it is dark; if you will meet me at a public-house near Haggerston Station"—I said, "I don't know the house, and for fear we should make a mistake, and lose one another, we had better meet at a house we all know;" and we made an appointment to meet at 8 o'clock, at the Black Horse in Kingsland Road—I then left them—I then saw Enright, and went to the Black Horse with the pony and van—after waiting there a few minutes I saw the two prisoners coming towards me—we went into the Black Horse—Green said, "Have you got the money?"—I said, "I could not get the £5 I promised, and if you won't trust me with the whole of the goods, detain £5 worth of them"—he said, "We will go and get the goods; give me what money you have got, and King can go with you to get the remainder"—we came out of the house together, and all three got into the van—Green said, "Let me drive"—he got hold of the reins, and instead of going over Kingsland Road Bridge he turned short round and went through Abbey Street and other streets, and eventually to Whitmore Road Bridge—I said, "We are going a long way round"—he said, "You can't be too careful over a job like this; you don't know who may be on the look-out"—he then stopped at a public-house somewhere in Hackney or Dalston, but we went so many turnings I could never go to the house again—he then said, "How are we going to manage about counting these skins?"—I said, "Can't I come and see them counted?"—he said, "No, they are done up like bundles of bedding; and you can't undo them where they are"—I said, "Well, how are we going to manage it? you don't suppose I am going to give you £30 or £40 for a bundle of bedding?'—he said, "I will fetch them here in the van, and then you can see what they are like"—I said, "The two of you had better go and fetch them; and when I see them, if I think they are worth £20 or £30, I will pay you what I think they are worth"—he said, "I will go and fetch them; King shall stop with you"—he then got up into the van—he said, "Here is the sample; they are counted in with the lot"—that is the three skins I had received from Inspector Helson—he then went away in the van—after he had gone King said to me, "For God's sake mind what you are doing with these, they come from a burglary over the water, and it would be as hot a job as ever you handled"—he said, "I should like to know where you live, I have got some stuff worth two guineas a pound; you might be able to do with it"—I said, "You had better get one job over at a time, and then I will let you know something further on"—before
Green came back I went outside, to see if I had got any help at hand—I saw Godby, and spoke to him, and then went back into the house; and almost at that instant Green drove up with the van; he said, "I have not been long, have I?"—I said, "No"—he said, "They are inside; let us settle up"—I said, "Wait a minute; let us see what there is there"—I then got up in the van—Green was on the ground—I said, "Have you got any matches?"—he said, "Yes, "and gave me some—I then said, "Bother, I have lost my knife"—he said, "Never mind, here is a knife, "handing me a penknife—after keeping them waiting some few minutes, intending to make them believe that I was trying to open one of the bales, I heard the pony's feet coming round the corner, and I then knew that the police were there; and I said,' "Go inside, and I will pay you"—Green went in; King was there—I went away, and the police went into the house and took them.
Cross-examined by MR. BURNIE. My last conviction was ten years since; that was for buying four sacks of oats, receiving them, knowing them to be stolen; I was sentenced to seven years—before that I had seven years for receiving a van-load of stolen cane—I did not steal it; I was only the middle-man; I was convicted—before that I had 18 months; that was for receiving some salmon—I was only the middle-man then; a man stole it, and I sold it for him—since my conviction I have been a greengrocer, as I was before—this is not the first time by dozens that I have assisted the police, since my conviction—I have given evidence before—on the 30th Sergeant Enright came to me on this matter, and said that Inspector Helson wanted to see me, and I went—I have acted with Helson before—I generally get paid for my trouble; not hand somely—the Commissioners once awarded me 10s., and once 6s.; I don't think that is very handsome—that is all I have got all the time I have assisted the police, independent of my expenses here—16s. is all I have had from the Commissioners of Police—I found the other game was a losing one, and so I have left it off; and now I like to be on the side of the police—I have not received anything from any policeman to give evidence—Inspector Helson has never given me anything; never a shilling—he has paid me for the hire of the horse and van; that was not paying me—except paying for the horse and van, he had never paid me a shilling—the man I saw when I first saw King is outside—I had my pony and cart outside the door when I had the conversation with Leah and King; another pony and cart was used by the police to follow behind—to the best of my belief it was Green who said the stuff was at Haggerston; in fact, they both said so—I have made a statement to the Treasury; it was taken down—I don't think it was read over to me—I did not tell the solicitor that they both said so; I did not think it worth while—the conversation was general among the three of us—I am positive Green said it, because he was so anxious about the money—it was thoroughly understood that I was to buy the skins of King—I was here last Session, also at the Police-court, but was not called.
Cross-examined by MR. BESLEY. I was born in 1842—I was about 27 when I had the 18 months—there was four years between my two sentences of seven years—I had not been employed by the police in the interval—it is three years ago that I came out from my last seven years—I then acted for the police, because I would not get into trouble again—I have only had three convictions—I have come in contact with convicts
dozens of times; I daresay hundreds—I have not written down the conversations with the prisoners—I have given evidence about three times; I think once was in this Court, on a charge of a man stealing a horse and van, and a load of corn; he brought it to me; and once, I think, at the Middlesex Sessions—on both those occasions it was mentioned that I was a convict—in both cases there was a conviction—the 25 sovereigns were my own—I am in a position with 200; I have four ponies of my own—the £25 was my own, and £10 I had from Helson—I knew nothing of Leah till I was introduced to him by Vagg and Edwards—I was never shown the bulk of the skins till they were in the van.
GEORGE GODBY (Police Sergeant J). On 1st May, under the directions of my Inspector, with Sergeant Enright and two other officers, I followed Green, King, and Panther—I first went to Moorgate Street Station, and waited round a by-turning—Enright left me, then came and communicated to me, and we went in a pony and trap to Kingsland Road, where I saw the prisoners and Panther get into a pony-van—Green took the reins and drove down the Kingsland Road towards Shoreditch, turned to the right, and went through various streets towards Hoxton, and stopped eventually in the Culford Road, outside the Mitre public-house—Panther and King entered the public-house, and Green drove the van away by himself—it was dark—he was gone about a quarter of an hour, and then returned with the van to the Mitre, where he got out and went into the public-house, leaving the van outside—he returned to the van with Panther—I saw several matches struck in the van—afterwards I assisted Sergeant Vagg to arrest Green—Green went into the public house two or three times after Panther and King went in—when Green was brought out he said he knew nothing about the van; it was not in his possession—I said, "What is the good of your talking like that, when I saw you go away with the van and bring it back again?"—he said, "I don't want you to make up a brief for me"—at the same time he raised his arm, as if he was going to try and get away—I told him if he tried to get away I should strike him—the handcuffs were put on him by Vagg—I took the property to the police-station.
Crow-examined by MR. BURNIE. I did not give evidence at the Police court; I heard Vagg give evidence there—I did not take a note of the conversation—I am sure Green said, "I know nothing about the van," or words to that effect—Vagg could hear it as well as I—I told the local Inspector about it the same night—there is no record of that.
Crow-examined by MR. BESLEY. The pony and cart we had provided, and which Panther was in charge of, had no name on it—Green and King got in the van together at the Black Horse, Kingsland Road, two hours after they were at Moorgate Street—I did not see King drive—the van was then empty—we followed in a pony and cart, behind Panther; it was his pony and cart—at the time the light was struck in the van King had been in the public-house some time—I never saw him come out—after striking the matches Panther descended from the van and went away, and Green went into the public-house alone; and we followed and took him.
WALTER VAGG (Police Sergeant J). On 1st May I went with Enright and Godby, and kept observation—while watching the Mitre I saw Green drive up with a pony and tilted van—he got out and went into the house—I and Edwards went up to the van, and looked into it; we saw what
was in one of the bundles—after that Green and Panther came out and got into the van—afterwards Green went back into the public-house, and I and Edwards went in and arrested him—I said to him, "I am a police officer; I want you outside"—I told him he would be taken into custody for the unlawful possession of a load of skins—he said, "The van is not in my possession"—I told him I would take him into custody for it, and he repeated, "Not in my possession"—Godby came to my assistance, and I handcuffed him to my left arm, and took him to Dalston police station—when charged he said, "Not in my possession"—in the van I found 370 skins, of which these are three samples, I believe.
Cross-examined by MR. BURNIE. He was charged with unlawful pos session; and he said, "Not in my possession."
GEORGE EDWARDS (Police Sergeant J). I was with the other officers when the arrest was made—I went into the public-house and took King, who was standing inside, in conservation with Green—in front of him, on the counter, was a brown paper parcel, containing three skins—I took hold of him—he took up the brown paper parcel; I took it out of his hand, and took him out of the public-house—I said to him, "Where did you get these skins from?"—he said, "For Gods sake, Mr. Edwards, don't do anything to me"—I said, "You will have to go to the house where the skins came from"—with Sergeant Enright we put the prisoner in the cart, and wont to the house in Canal Road; 71, I think—Enright searched the house—I took King to Dalston—he was charged; he made no reply.
Cross-examined by MR. BESLEY. I believe I said to him, "Where did you get this load of skins from?"; five parcels of skins were in the van at the time—he said, "I do not know where they came from; I waited at the public-house while Green went and fetched them"—I was not aware that the police had handed the sample from Leah to Panther, who had put it on the counter in the public-house—I know Panther had gone out of the public-house and struck a match in the van, and pre tended to cut the parcels; I do not know that he left the brown paper parcel on the counter when he did so—I have known King six or seven years—he used to live at North Street, Cambridge Heath—I thought he had been working for four or five years; I have been given to under stand he was working over London Bridge, in Tooley Street—he has a wife and children—I did not search his house—I believed him to be in employment, and a respectable man; I did not know it from my own knowledge.
Re-examined. I believe King was convicted as a rogue and vagabond—seven years ago he was pointed out to me as a suspicious character.
PATRICK ENRIGHT (Police Sergeant J). I was acting with the other officers—I went to Moorgate Street Station in a pony and trap, on Wednesday, 6th May, at 6 p. m.—I saw there King, apparently in conversation with Panther—I left, and returned some time after; and then I saw Green and King and Panther in conversation together apparently—they parted, Panther went into his van and drove away—from what he told me I communicated with my inspector, and drove after Panther through several streets, for about two hours—at 8 p. m. he drove up to the Black Horse—I kept a little distance away—I saw King and Green apparently speak to Panther again—shortly after the three went into the van and drove towards Shoreditch; Green was driving—at about a quarter
to 9 they stopped outside the Mitre public-house, Culford Road, Dalston—King and Panther came out of the van, and went into the Mitre—Green drove away, and turning the corner I lost sight of him for a time—I returned in about ten minutes or a quarter of an hour, and saw the trap outside the Mitre, with some property in it—eventually I saw Green taken into custody.
Cross-examined by MR. BURNIE. I said before the Magistrate there was no name on the cart in which the leather was; I meant nothing by that—I think I was asked by the Magistrate about it—I did not look on it as evidence against the prisoners.
Cross-examined by MR. BESLEY. I swear Panther and King got out of the van, and Green drove it away—I saw Panther with the brown paper parcel; I could not say if he took it into the public-house—King only rode from Kingsland Road to Culford Road—he never interfered with the driving of the van—when Green drove the van away there was nothing in it but an old rug and a sack.
BENJAMIN LEAH . I live at 67, Morning Lane, Hackney, and am furniture manager and salesman—about the end of April King said to me, "I think I know of some skins for sale, can you find a buyer?"—he said there were 34 dozen morocco and other skins, at 20s. a dozen—I called on him, on the following Sunday, and he then had the samples at his house; these are they—I called on the following Tuesday and took them away—afterwards the police communicated with me, and I sent them to where the skins were.
Cross-examined by MR. BESLEY. I had known King for six or seven years as a respectable man, employed at a tea warehouse—he said he had not possession of any skins, but someone had asked him to find a purchaser; he said, "I have not seen them"—I said, "I should like to see a sample"—he said he would see the man when he went to work, and would get him to leave a sample at his house—I took the samples away from his house in newspaper—King's wife let me have it—King told me he had been very unwell—he has a large family—the police got the skins I had received from King.
Re-examined. I have since heard that King has been convicted; I was not aware of the fact—I have known him as a respectable man for five or six years.
The Prisoners' statements before the Magistrate. Green says: "Idon't plead guilty to stealing them, what I wish to say I will say to my solicitor. "King says: "The samples were given to me. I was asked if I knew any body who used those things. I said I knew one man in the trade. I spoke to him about them, and he said if he had samples he thought he could sell them. I got the samples, and left them at my house; the man called for them while I was at work, and took them away. On Tuesday night, at a quarter to 11, he knocked me up and said he had a customer waiting over the road, and I must get up to see him. I reluctantly got up and saw him and the man that had the samples sold them to him. It was then arranged to meet last night at 6 o'clock, and I kept my appointment, hoping to earn a few shillings. I have been in regular employment for five years. I have been in a good deal of trouble, and have been in hospital since Christmas."
Two witnesses having deposed to King's character,MR. GILL called, in reply,
Cross-examined. He was a counterman at the Civil Service Supply Association, Limited.
RICHARD CRAWLEY . Inspector of the Great Eastern Railway Company Police—King was convicted twenty-one years ago, and sentenced to five years' penal servitude for stealing leather, drapery, and other goods from trucks on the railway—I am quite sure he is the man—I have not seen him since.
GREEN then PLEADED GUILTY* to a conviction of felony at this Court in May, 1882. GREEN— Ten Years' Penal Servitude. KING— Seven Years' Penal Servitude.
495. EDWARD WILLIAM HYDE GREGG (46) PLEADED GUILTY to three indictments for stealing the moneys of the Governors and Directors of the Poor of the Parishes of St. Andrew's, Holborn, and St. George the Martyr.— Twelve Months' Hard Labour.
496. HENRY TAYLOR MATTHEWMAN (29) , To obtaining, by false pretences, from William Wontner Barrow, and others, gas lamps and other articles, with intent to defraud.— Twelve Months' Hard Labour. And [Pleaded guilty: See original trial image.]
497. HENRY FISHER (29) and FREDERICK MERTON (18) PLEADED GUILTY to a burglary in the dwelling-house of Henry Frederick Stephenson, and stealing four scarf pins, and other articles, value £60. FISHER— Twelve Months' Hard Labour. MERTON— Six Months' Hard Labour.
NEW COURT.—Monday, May 27, 1889.
Before Mr. Common Serjeant.
MR. WILKINSON Prosecuted.
KATE ROE . My husband is a baker, of 50, Crefield Road, Fulham—on 22nd April, the prisoner Patrick came in for a twopenny loaf, and gave me a half-crown—I put it on the brass bread-scale and noticed that it had a very brassy appearance—I told him it was bad—he said, "Oh no, it is not"—I looked at it again and told him it was a thorough bad one—I took the loaf from him and gave him the half-grown—he walked away rapidly; I watched him a good distance—I afterwards picked him out at Hammersmith Police-station from several others—I did not ring the coin or bite it—I could see it was bad; it was greasy.
Cross-examined by Patrick Connelly. I did not pick out anybody else—I did not deny knowing you when you were locked up; I was not there then.
HUGH WALSHAM . I am a butcher, of Fulham—on May 4, about 5. 30, I saw both the prisoners near my shop—I knew them by sight—John came in and Patrick stood outside—John asked for 1lb. of meat—I served him; the price was 6d.—he gave me a half-crown, and I gave him two
separate shillings in change—he and Patrick went away together—I put the half-crown in the till; there was no other there, and no larger silver—I looked at it again half an hour afterwards, and found it was bad—I sounded it on the counter, and then rubbed it; it felt greasy—this is it.
Cross-examined by Patrick Connelly. I did not deny knowing you at the station; you did not speak to me before I identified you—you stood about a yard from my shop-board outside.
Cross-examined by John Connelly. I did not say I thought you were the man, I am certain of you—I did not say you were like the man, but that I could not identify you.
MARY ANN HEARN . I am the wife of George Hearn, a greengrocer, of 1, Bayonne-Road, Fulham—about six p. m. I saw John Connelly and a stouter man, very much like the other prisoner, coming down the road towards my shop—John came in and called for a bottle of ginger beer, price 1d.—I served him, he put down a half-crown; I took it up; it had a peculiar whiteness, and I thought it was a new one, it was slippery and leadified, and had a greasy look—I said, "I don't like the look of this half-crown;" he said, "It is all right, missis"—I said, "I have heard that there is a good deal of bad money about, "rubbed it again, and threw it down, and said, "It has a bit of a ring"—he said, "You had better look out, for there is a lot of bad money about"—I gave him 5d. and, I believe, a florin—he went out in the direction of the other man; they were talking loud and laughing—I put the coin in a little pocket where I had only three sixpences and some shillings—I took it out and looked at it three times, and then sent my daughter to Southward's Stores to get it changed—she came running back and said that it was bad—I gave it to Sergeant Summers—this is it—I thought I had seen the prisoners before.
Cross-examined by Patrick Connelly. When the charge was booked I did not deny all knowledge of you, I said that your face resembled the man who was with him—I only had a glimpse of you.
ELIZA HEARN . I am a daughter of the last witness—on 4th May she gave me a half-crown, and I went to Southward's Stores, Fulham, made a purchase, and offered the half-crown in payment—the assistant said something to me and returned it—I took it back to my mother—I had never lost sight of it—I kept it in my hand—this is it.
DAVID BRADSHAW . I am Mr. Hearn's errand boy—on 4th May I saw the two prisoners coming towards the shop—John came in and Patrick went by—John called for some ginger beer, and paid with a half-crown—Mrs. Hearn put it in her mouth and rubbed it—he said, "You had better be careful, there is plenty of bad money about"—she threw it on the floor—I saw the change given, and saw him go away in the same direction as the old man went.
Cross-examined by John Connelly. I did not pick you out or touch you at all.
JOSEPH SAMMARS (Police Sergeant T.) On 6th May I was on duty in Fulham, and saw the two prisoners, and saw John hand something to Patrick—I told them I should take them in custody for being concerned together in passing two bad half-crowns on Saturday night, one at a butcher's and one at a greengrocer's—John said, "I have no bad money"—I said, "You will have to go to the station"—I took them to
a public-house where a lot of low roughs were standing outside; they became very violent and kicked me—Patrick broke away from me, but a gentleman detained him, and two officers in uniform came up and assisted us to take them to the station, where they were identified—I searched John, and found on him 7d., and an unopened bottle of ink—they were charged, and said that they were not the men, and that it was a mistake—they gave their address 111, Queen Street, Hammersmith—they were both the worse for drink—I received these two half-crowns from Mr. Walsham and Mrs. Hearn; they are both dated 1882.
Cross-examined by John Connelly. You did not go quietly with me; you kicked me and bit my hand.
AGNES HARRIS . I am the wife of John Harris, of 111, Queen Street, Hammersmith—the two prisoners lodged at our house in one back room, eight or nine months, up to the time they were taken—I know them as father and son.
Cross-examined by Patrick Connelly. You have been a very quiet, honest, old man.
WILLIAM JOHN WEBSTER . I am Inspector of Coin to H. M. Mint—these two half-crowns are counterfeit, and from the same mould—I have heard Mrs. Hearn's evidence—as to the half-crown having a brassy appearance, I should take that to be one of the early specimens, from which the plating had worn off; they used to be made of brass and struck with dies.
Patrick Connelly's Defence. I am 65 years old, and have worked very hard all my life, and never was in prison before. I am innocent.
John Connelly's Defence. I have never been in prison in my life, I have five years' good character.
PATRICK— GUILTY .
JOHN— GUILTY of the utterings on May 4th. Fifteen Months' Hard Labour each.
MR. WILMOT Prosecuted.
GEORGE WEBSTER . I keep the Cock Tavern, Tottenham Court Road—on 11th May, between four and five p. m., the prisoner and an older man came in; I knew them both—the prisoner called for two glasses of ale, and paid with a half-crown—I rubbed it and found it very greasy—I bit it, and my teeth sank in, and I broke it in half with my fingers; the prisoner took one piece and another customer another—he said, "I was not aware it was bad"—he paid with good money, and left.
EMILY WEBSTER . I am the wife of the last witness—I was in the bar when the prisoner came in with an elderly man—they had two glasses of ale and a cigar, which came to 5d.—he gave me a half-crown, which I handed to my husband, as I thought it looked bad—he tried it, and broke it on the counter, and the prisoner paid me with good money, and took one piece, and asked me to keep the other, but I threw it down by the side of the counter—he came in again an hour or two afterwards—I served him, he paid me with good money.
CHARLES DEACON . I keep the Admiral Keppel, 77, Fulham Road—on 14th May, about six p. m., the prisoner called for twopennyworth of gin, and gave me a bad half-crown—I said, "You stop here"—a constable was fetched in two minutes, and I complained to him in the prisoner's
presence—he said he had been to Putney to see a friend, and had lost him—I gave the coin to the constable—this is it.
ALFRED MARKS (Policeman B 510). I was called to the Admiral Keppel, and the prisoner was given into my custody—I said, "Allow me to search you before you leave the house," which I did, and found a good half crown on him—on the way to the station he said, "I have been to Putney with a friend, and gave a half-sovereign to change at the Star and Garter; I received three half-crowns and two shillings; I left my friend at Putney"—he gave his address 173, Wardour Street, but next morning at the Police-court he said that he had slept at 29, Whitfield Street, Tottenham Court Road.
Prisoner's Defence. I did not know they were bad, or I should not have offered them.
NOT GUILTY .
500. JAMES WEBSTER (66) PLEADED GUILTY ** to breaking and entering the dwelling-house of Thomas Jeremy Thomas, and stealing seven yards of cloth, his property, having been convicted of felony at this Court in July, 1888. (Ten convictions were proved against him.)— Twelve Months' Hard Labour.
OLD COURT.—Tuesday, May 28th, 1889.
Before Mr. Recorder.
MR. GILL Prosecuted, and MR. BODKIN Defended. After the case had commenced, the prisoner expressed his desire to PLEAD GUILTY ,upon which the Jury found that verdict.*
Four Months' Hard Labour.
MR. DOUGLAS Prosecuted.
CHARLES WEEN . I live at 78, St. George Street East, and am a soapmaker's clerk—at a quarter to twelve on the night of 10th May, I was going along Prescott Street, which leads from the Minories into Leman Street—I noticed three men about two or three yards off coming towards me—as they passed me I was suddenly thrown on my back—I felt someone touching my chest—I suffered no violence—the three men ran away, and I got up; picked up my hat and umbrella, and then found my watch and part of my chain gone, and some silver from my trousers pocket—I had seen the watch and chain immediately before; I cannot swear to the silver—I cannot say if the prisoner is one of the men—I walked along Prescott Street for sixty or eighty yards till. I met a con stable, to whom I complained; while I was doing so another policeman came up, said something, and took me to the station, where I found the prisoner—I could not identify him.
FEODORE SEMANOVTTZ (Policeman H 205). At a quarter to twelve on 10th May I was in the Minories; I saw the prisoner in company with a man, and with one man behind him, and two on the opposite side of the road—the prosecutor was about six yards in front of the prisoner and the other men who were following him—the prosecutor and the five men turned down Swan Street—I ran down Haydon Street into Mansell Street—I saw the prosecutor cross Mansell Street—I kept along the side of the wall in the dark—the prisoner and another man were about ten to fifteen yards behind the prosecutor—I stood at the corner of Mansell and Prescott Streets, and saw a struggle between the prosecutor, and I should say three men—the prisoner was amongst the group at the time of the struggle, but I did not see him do anything—I was between ninety and 100 yards off—I went towards them, and the three came running towards me; when they noticed me they doubled into a side turning—I caught the prisoner in Tenter Street; after a severe struggle, finding he could not get away, he said, "What is the matter, governor?—I said, "Nothing much; what are you running away for?"—he said, "I was running to see what was the matter"—I took him to the station—I sent another constable to find the prosecutor, who was afterwards brought to the station.
NOT GUILTY .
There was another indictment against the prisoner for an assault on the same person. No evidence was offered. NOT GUILTY .
MR. PICKERSGILL Prosecuted, and MR. GEOGHEGAN Defended. After the commencement of the case, the prisoner expressed his desire to Plead Guilty to attempting to commit burglary, and the Jury returned that verdict. GUILTY .
MR. PICKERSGILL Prosecuted, and MR. GEOGHEGAN Defended.
ADAMS BRUCE LEITHHEAD . I am assistant to the Ceylon Tea Growers, Limited, at their retail branch, 146, Seven Sisters Road—on the morn ing of 16th May I came home at twenty minutes to one, and found my house had been broken into—a constable outside spoke to me—I examined the premises, and found the catch of the scullery window, from the back yard into the shop, had been forced off and the window broken, and the glass door inside leading into the shop had been forced—the till was lying on the floor—there had been about 1s. 6d. left in it, it was gone—some papers in the cashier's box had been torn.
JOHN ASCOT (Policeman Y 273). At 11. 30 on 15th May I was on duty in the Seven bisters Road—I saw the prisoner with two other men loitering about the road—I watched them for some time; they moved down opposite to No. 146, and then all at once I lost sight of them—I went round my beat, and on coming back about half an hour after I
found the police in possession—I next saw the prisoner at the station—I recognised him as the man who had been loitering with the two others.
JOHN WORLEY (Inspector Y). I examined these premises about two a. m.—I found an entry had been made by forcing the catch of a window at the back, which leads into a passage or store-room, and also marks on the front door which leads from the passage, as if the door had been forced by a jemmy—I compared the marks with the jemmy which the police brought when they brought in the prisoner on the previous charge, and I found it exactly fitted the marks—I also found, in some loose mould at the back, footprints which I compared with one of the prisoner's boots—they exactly corresponded—there were also some smaller prints—the prisoner when charged, said, "This is a got-up job; you have no evidence"—I found matches in the shop similar to those found on him.
Cross-examined. They are safety matches, such as are sold by the thousand in London—the prisoner wore lace-up boots with no distinctive marks—the jemmy was broken when I found it—the marks corresponded with the jemmy as it was before it was broken—no money was found on the prisoner.
NOT GUILTY .
NEW COURT.—Tuesday, May 28th, 1889.
Before Mr. Common Serjeant.
509. WILLIAM FREDERICK CARPENTER (25) PLEADED GUILTY to feloniously forging and uttering a request for the payment of £13, with intent to defraud; also to forging and uttering a receipt for the same.— Twelve Months' Hard Labour.
510. MATTHEW CHARTERS** (50) , to stealing five dozen pairs of gloves, and other articles, the goods of James Gilbert Cross, having been convicted of felony at this Court in June, 1881.— Nine Months' Hard Labour, having to complete Two Years and Four Months of his former sentence. And [Pleaded guilty: See original trial image.]
511. HENRY HERMAN LANDSBERG (56) , to embezzling £955 17s. 1d. received by him on account of Nathaniel Meyer Baron Rothschild and another, his masters.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
MR. BAILEY Prosecuted.
ROBERT LILLICO . I am a tailor, of 1, Maddox Street, Regent Street—the prisoner was my message boy, and on April 18 I sent him to Way and Shields to buy a yard and a half of white marsella waistcoating, and gave him 10s.—he brought back the material, 2s. 5d. change, and this
receipted bill (This was for 8s. for quilting, with 5d. discount)—this cheque for £5 (produced) is in the writing of Mr. Wilson, a customer of mine—the endorsement, "R. Lillico," is not in my writing; it is the prisoner's—I have only seen him write once, but here is some of his writing (produced)—my letters are pushed through a slit early in the morning, and fall on the floor—the prisoner's duty brought him to my place at a quarter to eight a. m., before anybody else, and it was his duty to pick the letters up and put them on the counter—on the last Friday in April I sent him with a message, and he did not come back any more—I saw him on the following Monday, and said I had suspicions that he had stolen a cheque belonging to me on Tuesday; he said he knew nothing at all about it.
CECIL WHITE . I am clerk to Mr. Shiel, of 13, Warwick Street—on 18th April a boy, who I believe to be the prisoner, brought me this cheque to pay this bill—it was endorsed, and I receipted the bill and gave him £4 12s. 5d. change.
WILLIAM COUSINS (Police Sergeant C). On May 1st, about 7 p. m., I saw the prisoner at 18, Camden Square, Chelsea, in the presence of his parents—I told him I was a police officer, and should take him in custody for stealing a letter, containing a cheque, from his late master, Mr. Leddico; and also obtaining £5 on the same cheque—he said, "I know nothing at all about it; I never stole the letter, and I have never seen the cheque"—I placed him next morning among five other lads at the police-station, and White identified him—I then gave him this piece of paper, and asked him to write R. Leddico ("Leddico" was written with a small "l," and was the same on the endorsement to the cheque)—I found nothing on him.
ARTHUR VYVIAN WILSON . I am a solicitor of Maidstone, and a customer of the prosecutor—on 17th April I posted a letter to him, I think by the midday post from Maidstone, and enclosed this cheque—it has passed through my bank, and has been cashed—it is payable to R. Leddico or order—there was no endorsement on it when I sent it—I received no reply; and a few days after Mr. Leddico wrote to me to say that he had not received the money.
The Prisoner's Statement before the Magistrate. "I never had the cheque, and I never saw it, and I know nothing at all about it."
CECIL WHITE (Re-examined). I did not know Mr. Leddico's signature, and did not look particularly at the endorsement, and do not think I noticed the small "1" at the commencement of the name—I can only swear to the prisoner to the best of my belief.
NOT GUILTY .
MR. BAILEY for the Prosecution offered no evidence.— NOT GUILTY .
514. JOHN DAVIS (25), WILLIAM MARTIN (52), WILLIAM FORD (40), PATRICK O'HARA (73), and SARAH SAUNDERS (40) , breaking and entering the counting-house of Richard Thorn and others, and stealing a bag, two pieces of lead, 143 medals, and 1s. 3d., their property, Davis having been before convicted, to which
DAVIS PLEADED GUILTY .
MR. LYNE Prosecuted.
DANIEL HALSE (City Detective). On 17th May I went to Eldon Street, Finsbury Square, with four other officers, at 3. 45, and saw the five prisoners and two men not in custody—Davis and Martin were walking on one side of the road, and Ford, O'Hara, and Saunders on the other; the two men not in custody were walking behind Davis and Martin—I saw Davis and Martin look into a gateway where some buildings were going on; they returned and spoke to the other three prisoners—after loitering about Eldon Street till 4.30, sometimes together and sometimes separate, they all five went into the gateway of the building, and Davis inserted something into the door of the temporary office; it came open, he went in, came out directly, passed the other four prisoners, and came into Eldon Street, where Dowse and I were standing—I said to Davis, "I want that bag of money you have got;" he struggled very violently; I said, "I shall hit you if you are not quiet"—I took him to the station, and the others were brought there—I said, "I shall charge you all five with breaking and entering a counting-house on a piece of waste land in Eldon Street, Finsbury, and stealing this bag and contents"—the bag contained 15d. in bronze, 143 Hanover medals, and two pieces of lead, which I had made up in the morning with the foreman of the works—Davis said, "It is a put-up job; I will stand to it; I don't know the other prisoners"—it was not a put-up job; I put the lead there because we received information that they were going to break into the office—Davis said he would give his address to-morrow, but he did not—the others said they knew nothing about it; Martin said, "I refuse my name and address; "Ford gave an address in Birmingham; O'Hara said, "I am living at a coffee-house at Cow Cross, I don't know the number; I am over here on the Parnell Commission"—the Inspector asked Saunders her name and address, she said, "Find out"—she afterwards gave her name, Sarah Saunders—Martin gave his name at the Police-court, but no address.
Cross-examined by Saunders. Your brother did not tell me that you came for your boy's clothing.
By the JURY. When Davis opened the door the other four prisoners were about half a yard off, on the premises, standing so as to conceal him.
SAMUEL BACON (City Detective). On 17th May, from information I received, I kept watch at the Bedford Head Hotel, Tottenham Court Road, and saw the four male prisoners, with two men not in custody, meet at the hotel, and remain there till shortly after two o'clock, when they left and went to the Angel, High Street, Bloomsbury, where they met Saunders and several men; they conversed together till shortly after three o'clock, when I saw Martin, O'Hara, and another man leave—the other men came in the direction of the City—I took a cab to Eldon Street, and saw the five prisoners and other men come into the street—I have heard Halse's evidence; it is correct—I took Martin about twenty yards from the gate—he said, "What is it for?"—I said, "You will be charged with them "(pointing to the other prisoners who were being brought up the street)" with breaking into that office in the building"—he said, "I know nothing about it; you have made a mistake."
Cross-examined by Martin. I did not detain you when you were on the buildings because I could not get at you—I followed you from Tottenham
Court Road, and saw you inside the gate—you were walking away sharp when I caught hold of you.
LEWIS FOGDEN (Policeman P). On May 10th, from information I received, I communicated with my Inspector, and was ordered to keep observation on the prisoners—I went to the Tottenham Court Road, and saw them all at the Bedford—they got on an omnibus at Oxford Street, and I got into a cab and followed them to Eldon Street, where they loitered about the buildings some time, but did not enter—they then returned to the Tottenham Court Road—I stayed in Eldon Street and arrested Ford 20 yards from the building—I followed them again on the 17th, and saw the five standing in the gateway—I have heard the evidence of the other two witnesses; it is correct—I told Ford I should take him for being concerned with the other men—he said, "You have made a mistake this time; I have only just come from Birmingham"—I had seen him at the gate just previous, but he was making his way off when I took him.
Re-examined. The office is about 20 yards inside the gate.
THOMAS DOWSE (City Detective). On May 17th I took O'Hara and Saunders in a turning off Eldon Street, running away—I had seen them a quarter of an hour before that with the other prisoner and two others loitering about, and saw Martin and Davis in the gateway—they left and spoke to the three other prisoners—I took O'Hara—he said, "What is this for?"—I said, "Come with me; I want that woman"—I got hold of Saunders, but she broke away from me—I got her again, and said, "You will have to come back"—she said, "What for?"—I said, "For being concerned with others in custody in breaking and entering an office and stealing a bag of money"—O'Hara said, "I don't know these other men; they are strangers to me"—Saunders said, "I never saw them before in my life"—I took them to the station with assistance—they were charged, and made the same reply as they did in the street.
Cross-examined by Saunders. You were running through Finsbury Avenue, about a dozen yards from the building—I had kept watch on the four male prisoners in Tottenham Court Road with the other officers.
THOMAS HILL . I am foreman to Woodward and Co., builders, of Wilson Street, Finsbury—on 17th May I was at work at a building in Eldon Street—this bag belongs to the firm, and it contains 15d. in bronze, about 143 coins, and 2 pieces of lead—it is similar to the bag in which I fetch money on Fridays to pay the men; our men know that—I assisted the constable in making up the contents of this bag on Friday morning, and arranged for the boy to bring it to me at 3 p. m.; and I put it in an unlocked desk in my temporary office—anybody could raise the desk open—I shut the door; it shuts with a spring lock, and could not be opened without a key—it may be 20 feet from the street to the office—I left about 4. 15, and closed the door by pulling it—the prisoner almost immediately came inside the hoarding, and stood gazing up at the buildings—the gates are open all day for carts to go in and out—I had some communication with the police, and then went back, and found the office door wrenched open, and the desk open and the bag gone.
was found in Eldon Street, where the struggle took place with Davis—I actually saw Davis put something into the door.
Witness for Ford. JOHN DAVIS (the Prisoner). I have pleaded guilty to this charge—I am a labourer—I do not know Ford—the detective says he saw me in his company, but I have not had a chance to be in anybody's company for some years, I am sorry to say.
Cross-examined by Saunders. I did not see you on the buildings.
Witness for Saunders. THOMAS ARNOTT. I am a journeyman fishmonger—my last situation was at Sweeting's, in Cheapside—I am the prisoner Saunders' son—she met me at the top of Charing Cross Road, and I did not see her speak to anybody—she was going towards the Strand, and I walked away—she told me she was going to get my brother's money; he was working at Wood and Co. 's—she said she would be back between 5 and 6 o'clock, and asked me to look after the children—that was between 1 and 2 o'clock.
Cross-examined. I have gone by the name of Platt—I do not know that Martin is my father; he does not live with my mother that I know of.
Martin's Defence. I was not on the building; I was at the corner of Wilson Street, and saw nothing of it.
Ford's Defence. I had been on the building; I wished to ask the foreman if he had got a job there, but could not get hold of him; if I had committed the robbery I should have been the first man to go away, but I stood there.
O'Hara's Defence. I am a stranger to them all; I was merely walking through the street, and was taken by the collar and charged with this offence—I was thirty yards from the place.
Saunders' Defence. I was standing opposite the building waiting for my brother, who was to receive his wages; I know nothing about the robbery; I have a letter here to prove I was waiting for my brother.
MARTIN** was further charged with a conviction of felony at
COURT directed a verdict of NOT GUILTY on this part of the charge.— Five Years' Penal Servitude.
DAVIS.— Twenty Months' Hard Labour.
The COMMON SERJEANT highly commended the conduct of the police officers, and the prosecutors expressed their great obligation at having been saved from a very serious loss.
OLD COURT.—Wednesday, May 29th, 1889.
Before Mr. Justice Grantham.
MR. LYNE,instructed for the Prosecutor, called MR. PHILIP FRANCIS GILBERT,Surgeon to H. M. Prison, Holloway, upon whose evidence the Jury found the prisoner to be insane and unfit to plead.
Ordered to be detained until H. M. pleasure be known.
516. WILLIAM RUSH PLEADED GUILTY to feloniously sending a letter to Francis William Brewer, demanding money with menaces, without any reasonable or probable cause. The prisoner apologised for writing the letter, and withdrew the imputation contained in it.— Three days' imprisonment, and to enter into his recognisance in £25, and one surety in £25, to keep the peace.
517. GEORGE LUCAS (55) PLEADED GUILTY to feloniously Bonding a letter to the Dowager Countess of Saltoun, demanding money with menaces, and without any reasonable or probable cause. The prisoner expressed regret for his offence, and the prosecutrix recommended him to mercy.— To enter into his own recognisances in £20, to appear for judgment, and to keep the peace.
MR. GRIFFITH,for the Prosecution, having opened the case,MR. JUSTICE GRANTHAM considered that there was not sufficient evidence to go to the Jury, and directed a verdict of NOT GUILTY .
MR. GRAIN Prosecuted, and MR. GEOGHEGAN Defended. THOMAS CAUDELL. I am manager to Mr. Barnett, a pawnbroker, of 319, High Holborn—I have known the prisoner for ten or twelve years, during which he has been in the habit of offering things in pledge, and sometimes pledging—in January, 1888, he pledged this chain (produced); it is marked "15-c.," that means 15-carat—I looked at it, and lent him £3 upon it—it has been tested; it is only 9-carat, and of the value of about £2 5s.—on March 30th last he came and presented this single stone diamond ring, and asked £5 on it—I refused to advance it, being gaslight at the time—he then produced this chain, and said "Lend me £6 on the two"—I asked him if it was gold—he said "I bought it as 15-carat gold"—I then communicated with Mr. Barnett—I tested the chain, and found it was base metal, or" mystery gold," that is a term used in the trade—I handed the chain to Mr. Barnett—he asked me to weigh it; I did so, and told him it was 14 dwts.—Mr. Barnett had some conversation with the prisoner which I did not hear.
Cross-examined. I knew the prisoner as a dealer in jewellery; the 15-c. is stamped on one of the links of the chain—I saw him frequently during last year—he was not given into custody for that—I did not speak to him about it—it became an unredeemed pledge, and we looked, it up for sale, and then discovered what it was—I weighed it when I took it in, and presumed it was correct; it took me in—I have had a good deal of experience—the correct weight would be 14 dwts.—it had a very good appearance—it stands the test of nitric acid—I don't know what mystery gold is composed of—we cannot tell whether it is real gold or not unless we apply the test—to the outside public there is no means of testing it—the diamond ring is worth £3—I don't think he
said he had paid £9 for it—giving a false name and address is an offence under the Pawnbrokers' Act, punishable by a fine of £10—I have never given a person into custody for that; 25 persons out of 100 give false names when pledging.
BARNETT BARNETT . I am a pawnbroker, at 319, High Holborn—on 30th March I saw the prisoner in the shop—he wanted to pawn this ring and chain, and said he would take £6 or £7—they were both on the counter—it was 6 or 7 in the evening, and it was very difficult to judge of things of this kind—I asked him if it was gold—he said, "Yes"—he said he bought it in Hatton Garden—I said, "Is it 15-c. or 9-c.?"—he said, "It is 15-c."—I offered him £5 on them—he said the stone was a very white one—I asked his name; he said, "Frederick Stanton, 198, Strand"—I said, "Do you really live at that address?"—he said, "Yes"—I said, "What are you?"—he said, "I am on the staff of the Illustrated London News"—I said, "I thought you were a dealer"—I had known him as a dealer—he afterwards said his uncle was a great chess player, the great man Stanton, on the Illustrated London News—I was not satisfied, so I sent for a policeman, and gave him in charge for giving a wrong name and address—this chain is of no value—the ring is a common article—£3 is its outside value.
Cross-examined. I went with him and the policeman to Bow Street station—I gave him in custody for giving a false name and address under the 34th Section of the Pawnbrokers' Act; next day I charged him with attempting to obtain money—I had not seen my solicitor, Mr. Attenborough, in the interval—I was not sure about the chain until I saw it by daylight—dealers congregate in Hatton Garden, and sell diamonds and jewellery among one another—if a man gives a false name and address I should not take in the goods—I should cross-examine him, and if I found it was false I should give him into custody—I have done it repeatedly; since I have been in business in London I have given three persons in custody for it—if they do give false names they do it against the law—I could tell next day by daylight that it was mystery gold; it depends on a man's judgment and experience—Caudell is experienced in some things, fairly well in gold chains—this was a fraud on the face of it—it is not of the specific gravity of gold, it is lighter; it would not deceive me—I have seen the prisoner very often in the shop, and the goods he offered were worth so much less that I did not take anything in from him—we often advance more than is asked—there are scores of men who make a living by pawning goods and living on the profit—I think he said he was the nephew of Mr. Stanton.
WILLIAM RICHARD COOMBS . I am Secretary to the Art Editor of the Illustrated London News, 198, Strand—I have been there a little over three years—during that time the prisoner has not been employed there in any capacity—I do not know him at all—no person named Stanton has been employed there during that time.
Cross-examined. A Mr. Stanton, a great chess player, was formerly chess editor—I do not know that the prisoner is his nephew.
HENRY JARRY . I am assistant to Messrs. Johnson and Matthey, assayers, of Hatton Garden—I have not assayed the mystery chain—I have assayed the supposed 15-carat—it is 9 3/4—the mark 15-c. on it is a forgery—it would pass for a 9-carat chain offhand.
Cross-examined. It is not a bad imitation—I have no experience of mystery gold.
FRANK HANN . I am assistant to Mr. Tyler, pawnbroker, of Gray's Inn Road—to the best of my belief I have seen the prisoner in our shop; he has offered things, but not to me—this albert chain was offered to me by a person answering the prisoner's description, but I cannot swear to him—there is a file mark on this mystery chain, which I put on about two months back; it was produced to me with a diamond ring—after filing it and finding it was not what I thought it was, I gave it back to the person—I can't swear to the ring, I can to the albert.
Cross-examined. I was not examined at the Police-court—a police officer came to me about this matter about three or four weeks ago—I know the prisoner as pledging things—the mark of the file is on the second link—this looked so much like gold that I had to file it to find out the value.
HENRY COLLINS (Detective E). On March 30th I was at Bow Street, when the prisoner was brought in about a quarter-past seven—I searched him, and found two pocket-books, in which were these 48 pawn tickets, with about a dozen different names and addresses on them, for various amounts, amounting altogether to £286, pledged at different pawnbrokers' shops—I also found on him four diamond rings of the same pattern as that tendered to Mr. Barnett, a silversmith's brush and magnifying glass, and £4 10s. in money—he was wearing this gold watch and chain—he was charged with giving a false name and address—he said, "It's an acknowledged thing in the pawnbroking trade to give a false name and address when pledging"—the charge was afterwards altered to one of attempting to obtain money by false pretences—he said, "I exchanged the ring away for the chain with a man to-day, in Hatton Garden, whom I know"—I said, "Can you produce the man?"—he said, "Yes"—I said, "You will have the opportunity of doing so before the Magistrate."
Cross-examined. These 48 tickets relate to articles pawned in every quarter of London—I have been to the 48, and made inquiries—none of them prefer any charge against the prisoner; the pawnbrokers are apparently satisfied with the securities they have—they have seen the jewellery, and they all say it is genuine—Inspector Darling took the charge of giving a false name and address—the prisoner was detained on that charge, because at that time Mr. Barnett was not certain about the "mystery" gold chain—he was detained the whole night on that charge—that is not usual; I never heard it done before.
Re-examined. Inquiries have been made as to the prisoner's dealing with these tickets.
MR. GEOGHEGAN submitted that the false pretences alleged had not been substantiated. MR. JUSTICE GRANTHAM considered that although there might be some evidence, it was not strong enough. The Jury, being of that opinion, found the prisoner
NOT GUILTY .
NEW COURT.—Wednesday, May 29th, 1889.
Before Mr. Recorder.
MR. GRAIN Prosecuted, and MR. GEOGHEGAN Defended.
JANE WOOD . I am a widow, and assist Mrs. Bailey, of Leadenhall Street, in cleaning up the offices of merchants in the building—on 23rd April, a little after 7 p. m., the bell rang, and I opened the street door, and saw Mr. Baker, who was formerly Mr. Self's clerk; he spoke to me, and I gave him an answer, but did not let him in—he shortly afterwards returned with the prisoner; I called Mrs. Bailey, and she let them into Self, Johnson's office on the second floor—about three-quarters of an hour or an hour after that Mrs. Bailey came down, and said something to me, and I saw the prisoner and Mr. Baker coming downstairs—the prisoner had a hamper like this on his back (A very large one)—it was very heavy; it did not seem empty—I asked the prisoner how long he should be; he said he should be gone an hour—they returned in about a quarter of an hour, and rang the bell—I opened it, and saw them both; the prisoner had the empty hamper—I do not know where they put it—they went up into Self, Johnson's office, and I followed them, and said to the prisoner, "It is very funny you have come in when they are gone," meaning the gentlemen connected with the office—he said, "They did not know we were coming back"—he was writing—he said, "We shall be done in ten minutes"—he told me to leave, because he was writing—I could not do the office while they were there, because I should sweep the dust over them, and I left them for a short time—they then left—empty hampers are kept in the front office on a shelf over the door.
Cross-examined. There is an outer room in which letters are written, and an inner room, which is kept always locked, and Mr. Self has the key; that is, Mr. Salsberg—when I went in next morning the door of the inner room was locked—I saw Mr. Salsberg at the Mansion House go into the witness-box and kiss the Bible—I do not know whether the hamper they took down was a much lighter one than this; it resembled it, it was bound with iron—I do not know whether there is a basket maker three or four minutes' walk off—my usual time for cleaning the rooms was seven o'clock—Mr. McNamara never comes there after seven; Mr. Smith does; it is not unusual for persons to stop till seven—the lawyer on the first floor had not gone—I was in the office when the prisoner began to write, and the door was not locked—I might have opened it and walked in at any moment. Re-examined. The hamper had a lid to it.
ELIZABETH BAILEY . I live at 69, Leadenhall Street, and employ Mrs. Wood to assist me in cleaning—on this evening, after the outer door was closed, I was on the top floor and heard the bell ring, and went down and met Langworthy and Baker on the landing by Self, Johnson's office—I said, "If you were strangers I would not have allowed you to come in, as there has been a robbery committed a few doors off"—I knew them both; one was traveller and the other late traveller or clerk; the prisoner was a servant—I went down and spoke to Mrs. Wood—there is a door out of Self, Johnson's counting-house into the sample-room where the tobacco is kept.
Cross-examined. The door of the sample-room was locked next morning, but any key will open it, it is not very secure—to tell you the truth, I did not look at it—I did not say to the prisoner at the Police-court, "I was talking to Mr. Baker a quarter of an hour while you were writing letters, "I said, "A few minutes or a quarter of an hour"—I had my
bonnet on, and was dressed to go out, and they waited till I went out—I did not see Mr. Salsberg at the Mansion House—he was there one day; he went into the witness-box and ran out again.
JAMES MCNAMARA . I am traveller to Mr. Salsberg, who trades as Self, Johnson, and Co., tobacco brokers, 69, Leadenhall Street—the prisoner was in their service; he had £2 a week—a person named Baker had been in their service, but had left some time—samples of tobacco are kept in the sample-room—when travellers take out samples to show to customers an entry is made in the sample-book—the samples are collected and entered during business hours—we open about 9. 30 a. m. and close about 6 p. m.—Mr. Smith, the cashier, was supposed to lock up the sample-room and put the key in the safe at night—he leaves the office door open, so that Mrs. Bailey can get in and clean it—on the morning of April 24th, as I entered the office I met the prisoner leaving it, with a sample under his arm—I looked at the sample-book and found that it was entered—I did not see him again till he was in custody; but he brought back the sample in my absence—the full weight of the samples in question is 4 1bs.; they are dock samples, taken from the bulk from bales or cases at the docks—I received information, examined the samples, and found nearly 100 of them had been opened and plundered—we put the minimum deficiency down at 112 1bs.; value about £21—the samples were all in proper condition on the 18th, and no samples were taken out by the firm between the 18th and the 23rd—Baker had no right whatever on the premises—the prisoner, being a traveller, would be quite right in writing in the office in business hours—he had no counting-house duties to perform.
Cross-examined. I first ascertained on the morning of the 24th that the samples had been tampered with—Mr. Salsberg was then present, and two of the junior clerks—I do not know who the suggestion came from that Mr. Salsberg should go into the sample-room—the door was open then; it had been opened in the usual course of business in the morning; I do not know who by—there were only two keys to my knowledge—Mr. Smith had one and Mr. Salsberg the other—the samples are in bins with lids, and there may be a piece of paper on top—pieces were taken out of nearly 100 bundles like this (produced), and then they were tied up again—this is the dock ticket, the samples plundered had dock tickets on them—I saw that they had been plundered first by the weight—there is a good deal of moisture in tobacco; there is about 14 per cent, in this—a few of these samples have been carted by travellers about the country—I weighed this one—I went to Seething Lane station, and told the police next day, I think—I don't remember seeing Mr. Salsberg at the Mansion House; I did not see him go into the witness-box—he did not go in and run out again—he was prosecuting his servant for dishonesty—he did not go into the witness-box, nor did he go to the police-station—he authorised me to go to the police-station some days after—I have seen the prisoner receive £2—I don't know whether he gets a commission; I get as much as £2 a week, leaving commission out of the question—I have been in three places during the last four years—I was with Mr. Carlebach, and left by mutual agreement, and went to C. Cuskey and Co—I left there, and went to Mr. Moni, and then to Seman and Co.; I was also with Charlesworth and Austin, but that was not my proper business—I left to go back to the leaf trade—that was
five places in twenty-two years—I have had no quarrel with Baker or with the prisoner—I may have been on bad terms with the prisoner, but I was not in a chronic state of warfare with him—I had no ill-feeling against him, but I was not fond of him—I did not consider him a man that ought to command my respect—I have not spoken to Mr. Salsberg about it, but I think he knew it by our demeanour towards each other—I may have thought he was dishonest, but I did not mention that to my employer, as I should like to be certain before I spoke—Baker assisted in weighing these things—he is not here, nor was he called at the Mansion House—the difference in weight was very great in the samples sent—I never made a suggestion to Baker about putting tobacco in a man's coat when I gave information to the police—I mentioned that Baker had gone with the man on the day this hamper was taken away—Mr. Salsberg told me that he prosecuted the prisoner, as he appeared to have the greatest hand in the matter—I suggested that Baker and the prisoner should be prosecuted.
Re-examined. I have no personal ill-feeling towards the prisoner—I formed certain conclusions, but did not choose to act till I had good ground—I gain nothing by his discharge, my salary does not increase, nor does my position—you could see at a glance that the samples in the bin had been tampered with in a very severe manner.
Cross-examined. I have one key of the sample-room and Mr. Salsberg has the other—I always keep mine in my pocket—this is it (produced); it was never in the prisoner's possession—I do not remember opening the sample-room on the morning of April 24, but I am quite confident I did—there was no appearance of the door being tampered with or burst open, it was opened by me or Mr. Salsberg—it was my duty to lock it at night—I have been in their employment nearly a year, but I have only locked it at night this year, in consequence of special orders given to me.
LUDWIG GUSTAVE SALSBERG . I carry on business as Self, Johnson, and Co., at 69, Leadenhall Street, as tobacco brokers and merchants—the prisoner was in my service at a salary of £2 a week and his travelling expenses—he had no right to take out samples after office hours, or to take baskets out, unless he had them on a journey, and then an entry would be made—he had a right to send them to the station—on the morning of the 24th a communication was made to me, and I went to the police, I think the next day, and from that time Mr. McNamara was acting under my directions—I was at the Mansion House once; I went into the box and took the oath, but they did not want my evidence; the prisoner said that he should prefer to examine me later on.
Cross-examined. The Alderman said that I must be there at the next hearing—I am the only person besides Smith who has a key of the sample-room—I put my key in my pocket, and if Mr. Smith goes to his lunch I lock it myself if I want to go out—it is always in my possession—the door of which I had the key was not tampered with—the prisoner was often absent for a week as traveller—I heard that he came back on the Wednesday evening; he brought back another sample, nothing to do with these—I saw him once in the office after he was charged, but took no notice of him—he has been there about six months, and McNamara, who is also a traveller and a buyer, about the same time and on the same terms, but the prisoner got no commission—I only took him on six
months' trial—he does not get a commission at present on sales, but I have led him to believe he was to have not full commission but a part of the profit—there is a good deal of shrinkage in the packages; they would decrease 1lb. in a year—when travellers take tobacco out we never send it out again; it is re-sampled—this is Dutch tobacco from Java—it lays in our bins two or three years. Re-examined. I took the prisoner on trial, to see what business he could do—I gave him £2 a week during probation, and if the business was satisfactory he was to receive commission—I cannot say whether this has been re-sampled or not.
JOHN MITCHELL (City Detective Sergeant). On 25th April an in formation was sworn at the Mansion House, a warrant was granted on 30th, and placed in my hands, and on May 1st the prisoner was arrested at his residence—I read the warrant to him—he said, "I will make Mr. Salsberg pay for this."
Cross-examined. I considered that the better plan was for Mr. Salsberg to apply for a warrant against the prisoner, and not to include Baker—I was at the Mansion House—the prisoner suggested that Mr. Salsberg should attend, and a remand was granted for that purpose.
Re-examined. He went into the box, and the prisoner said he did not want him then.
Witnesses for the Defence. THOMAS BAKER. I live at 92, Antill Road, Bow—I was in Mr. Salsberg's service two years, and left in January, because I could not get on well with Mr. McNamara—I have been in the tobacco trade about eight years—on leaving Mr. Salsberg I started with Mr. Stride; I intended to set up for myself—there are not many people in the basket line who know how to make these baskets—on the evening of April 23rd I had an appointment with the prisoner at seven o'clock—I inquired at the door, and they said he had gone—I waited a little while, and he came in—we went up, and wrote two private letters, and Mrs. Bailey was in the office till 7. 15, talking to me, and at 7. 30 the prisoner took a basket out on his shoulder to a man named Okey, a basket maker, about five minutes' distance, to have one made exactly the same, but Okey's was not open; he closed at seven o'clock, and we took the basket back—on my oath it was empty when it left—we did not tamper with the sample room at all; I did not look at it—I was there the whole time, and the prisoner never touched the sample-room door.
Cross-examined. Mr. Okey is not here that I know of—I do not know him—I went to his shop, but it was closed—I had not been to where Salsberg's baskets are made—I went after hours, because it was not possible to get a basket during business hours; Mr. Salsberg would not allow it—I did not consider that it was wrong—we could have got baskets from other people—we wanted to get it, to have one made like it, and we took it—I called alone first, and rang the street-door bell, and saw Mrs. Wood—I did not ask her whether all the clerks were gone; I asked whether Mr. Langworthy was in—she said, "No; they have all gone"—I said, "I have an appointment with him;" and I waited outside the office—I had seen Langworthy in the morning, coming from Aldgate, I presume—he did not send me to the office to ask whether they were all gone—I saw him in the morning, and he made an appointment to meet me at 7 o'clock at the office—I did not tell him before we went in that all
the clerks had gone—I swear that the basket he took down did not contain any tobacco; it was empty—I did not go into the sample-room, nor did Langworthy; it was not accessible—he did not try to get into it—I presume it was under lock and key—I did not try the doors, nor did I see Langworthy do so—I was present when he was charged at the Mansion House, and tendered myself to give evidence, but was not called—I am not employed now, I am living on my means—my last employ ment was at Mr. Stride's—I was my own master there, and was negotiating going into business with the prisoner—Mr. Stride did not accuse me of taking any samples to customers and selling them, or of any unlawful act—I have sold samples for him, with his knowledge—since I left Mr. Salsberg's I have called there both before and after business hours, and seen Langworthy there, in the same way as on April 3rd—Mr. Smith does not always lock up the office.
Re-examined. I had been with Mr. Salsberg and made the acquaint ance of many of his customers—I was going to set up for myself, and it was highly improbable he would have allowed me to take the pattern of a basket—I live at Bow, and his office is at the corner of Aldgate—there is no foundation for the suggestion that I sold Mr. Stride's samples improperly—the prisoner reserved his cross-examination of Mr. Salsberg at the Mansion House.
By the COURT. I saw the prisoner between the evening of the 23rd and the time I heard he was in custody, but nothing passed on the subject of the removal of the basket—Okey's is opposite Seething Lane. (The basket was weighed by the RECORDER'S direction, and found to weigh 38 lb.)
NOT GUILTY .
THIRD COURT.—Wednesday, May 29th, 1889.
Before Mr. Common Serjeant.
MR. PARTRIDGE and MR. ABINGER Prosecuted;MR. PAUL TAYLOR Defended.
ROSS JOHNSON . I am an American citizen—on Sunday night, 12th May, I arrived at the Cafe Gouglar, Leicester Place, Trafalgar Square, at seven o'clock, and at eight o'clock I met Williams in the bar—he bowed, and I spoke to him on general topics—I told him I was an American—he called my attention to Morbey, and said he was a jockey from St. Louis—I paid for the first drink; they reciprocated—they said, "Let us go elsewhere and get a drink"—I am not acquainted with the City—I don't know where they took me—I said I had just arrived, and I was not acquainted with the City—we went to several bars in that neighbourhood—after we had taken an American drink we walked through several streets and into an alley—then Morbey tossed up a coin, and said, "Williams has won your sovereign"—I said, "Well, take the sovereign; I don't understand the game, and I don't want to"—I took it out of my waistcoat pocket, where I carried my money loose—I meant I wanted to get out of the game—they kept on tossing up—I made several attempts to walk away, and both of them shoved me round, and would not allow me to go—I had six sovereigns in my pocket, and after I gave the first one I put my hand in my pocket each time, and Morbey took a
sovereign out—I was not joining in the game, merely looking on—I commenced to remonstrate with them; I wanted to get out, and they said, "Won't you keep still!" in a sort of manner that I thought indicated they meant injury if I did not—this was in the middle of a street, with shops, under a gaslight; three vehicles abreast might have passed through it—I saw no people there—I have no idea what time it was—in the forepart of the evening at one of the bars I had mentioned that a letter of credit contained all my money—I did not show it then—in this courtway after they had won the six sovereigns, Morbey asked me to let them look at it—I did so; they read it and gave it back—then they kept on tossing up, and eventually they claimed the letter of credit; they asked me to let them see it again—I said, "What for?" and put my hand against it to protect it—Morbey took it from me; it was in this case; he took my hand away, put his hand in my pocket, and took out the case—he handed the letter of credit to Williams—I got the case back; I demanded my letter of credit; they said, "Won't you keep still?"—they were very polite till they got my letter—when I de manded the letter repeatedly they pulled me out of the alley-way into the main street, a very long one; a cab drove along, they called it and tried to put me in—I made resistance, but they got me in; I could not help my self—they gave orders to the cabman—we drove for about five or ten minutes—we stopped somewhere, I don't know where—the prisoners asked for admittance; the man and woman who kept the house refused them—they pushed their way in, and took me into a very dingy room—I demanded the letter of credit in the presence of the lady and gentleman, who then put us out, and said they would not allow them to bring me there—when we got out we walked about a square and a half—I was demanding my letter of credit—we met a tram car, which the prisoners got on to—I followed them—Morbey held back, and threatened me with his cane, and struck at me three times; I dodged the blows—I followed the tram for about a square, and met a constable, to whom I stated my case—I and the constable got on the top of the tram—I was very excited, I don't remember what the prisoners said; I know Williams told Morbey, who then had it, to tear up the letter of credit, and he tried to tear it up; and he did not use choice language—it was not torn up.
Cross-examined. When I went into the bar at the cafe I wanted some one to converse with, and I spoke to Williams with that object—I asked him if he could get off for a day to show me the sights, take me to West—minster Abbey, and so forth—I think we only had two drinks at the cafe—we went to three other bars; we had the American drink at the last—until then I had drunk bitter beer—I do not know the bars—I did not win £2 of Morbey and lose it again—I did not toss at all—I told Inspector Cox, "I have tossed, but I didn't understand the tossing; but Morbey told me sometimes I won and sometimes I lost"—I refused all along to admit having anything to do with it—I was not the worse for drink at the time of the tossing—the last drink I was not used to, but it had no effect on me—I don't think I was the worse for drink—I had been in the train, and I had nothing to drink except bovril, until I had the beer—we treated each other; I never drank much in America—all the tossing took place under the light of a lamp-post, in a street where three carriages could pass abreast—we were not very noisy about it—Morbey was crying out heads and tails—I was trying to get out of it; they would not let me
—I did not think of shouting—I saw no one about—I wanted to get my money back—Morbey did not hand me any money—they told me I had won something, but they did not give me any money, I can swear—I did not see either of the prisoners throw anything away when they left to get on the tram-car—they had £6 in gold of my money—the police found on them at the station £3 odd—I said at the Police-court I did not know what they did with the rest of the money—I did not see them throw any away—I kept my eye on them from the time they left me till they got on the tram-car—I have signed my name at the bottom of the lotter of credit; when I present it I have to write my name on a piece of paper which the banker compares with the letter—I told the prisoners at the beginning of the evening that my money was in a letter of credit—I showed it to them; they looked at it and handed it back to me—when we got in the cab Williams pretended to be drunk; I am convinced he was only shamming—I would not say he was perfectly sober—Morbey said he was to give me back the letter of credit; Williams would not do so—after that we went to the house; nothing was said about the character of it, and I had no idea as to the sort of house it was—I consider it was a bad sort of house—after I began calling for the letter, the man and woman said they would not have me in there—before we went in they refused entrance—the prisoners forced their way in—I could not swear they were perfectly sober—we had not been drinking very heavily—I was not the worse for drink, nor were they, apparently—towards the close of it, when they were trying to get away, and Morbey attempted to strike me, I said, "If I had a revolver I would shoot you"—I had dis posed of my revolver at Liverpool—I saw no one about till I saw the officers—the tram-car seemed pretty full—I was looking out for people, but I did not see any—I saw no one earlier than that but a woman, who halloed out of the window at the prisoners when they were tossing, and said something about "getting out of that"—I had been at Liverpool several days—I was not anxious to press the charge, provided I could get my money and letter back—the constable said, "If you don't charge these men I shall have to give the letter of credit back to the man from whom I took it"—I said, if I could not get the letter of credit back without charging them, I would charge them—as soon as I got into the station Morbey offered me the letter back if I would not charge them.
Re-examined. On the 9th I reeeived £10 in Liverpool on this letter of credit, and on the 12th I had £6 left—the Magistrate allowed me to draw £20 since this happened—I am certain I had £6 in gold in my waistcoat pocket—when tossing the prisoners said occasionally, "You have won"—they did not give me anything, and I protested all along that I did not want to play the game—Morbey said he would toss on my behalf—I did not consent to his doing so—when I paid the first sovereign they saw the other five, and Morbey took them out of my pocket piece by piece, after claiming one each time—I was frightened, and did not know what to do about it—no one else was in the street—while in the house they were in my sight the whole time—I do not think they could have disposed of the money then—I want to get back to America—I came over to see Liverpool and London—I am 19.
By MR. TAYLOR. I had no dispute with them as to who should pay for a drink at one of the places; we had no dispute at all—I did not suggest that we should toss as to who should pay.
WALTER DEXTER (Policeman S 462). I was in the Hampstead Road on the night of 12th May, when the prosecutor came running up and made a complaint, and pointed out a tram-car to me—I went on to the top of it with him—he pointed out the two prisoners to me on the top—I told them the prosecutor complained that they had robbed him of 300 dollars, and that I should take them into custody for stealing it—Williams shouted out to Morbey, who was sitting at the other end of the car, "Tear it up; don't let the b——have it"—I and another constable took the prisoners to the station—when being charged both prisoners said, "If you don't charge me, Johnson, we will give you the letter of credit back"—Morbey had it; I took it from him—he attempted to tear it up—the prosecutor, in their presence, said they had had six gold pieces from him—they were searched at the station—on Morbey I found £2 in gold, 4s. 6d. in silver, and 8 1/2 d. bronze; and on Williams 22s. in silver and 9 1/2 d. bronze—in my opinion the prosecutor was perfectly sober; he might have had a glass during the evening; he was coherent—the prisoners both said that they had no fixed abode.
Cross-examined. I said at the Police-court the prisoners did not give any address—I was not asked a question about it there—Morbey told me at the time that they had won the sovereigns by tossing—the prosecutor denied it.
Cross-examined. Morbey said at the station that if the prosecutor would not charge him he would give him the note back—if by the deposition it appears that I said Williams said that it is a mistake.
JAMES COX (Police Inspector S). I took the charge at the station at a quarter-past twelve on morning of 13th—the prosecutor said Williams snatched the letter of credit from him, and the prisoners went off with it—Williams said they obtained it by tossing—the prosecutor was rather the worse for drink; I could not say he was sober; he seemed stupid drunk, not staggering drunk, nor very excited—the prisoners were perfectly sober, I considered; more sober than the prosecutor—I asked him if he wished to charge them—he said he did not wish to send them to prison, so long as he had his money back—I think ho said they had some of his money, but he confused me by calling the letter money.
Cross-examined. I said at the Police-court the prosecutor said they had tossed, but he did not understand the tossing; but Morbey told him sometimes he had won and sometimes he had lost.
GUILTY .— Twelve Months' Hard Labour each.
MR. BODKIN,for the Prosecution, offered no evidence.— NOT GUILTY .
OLD COURT.—Thursday, May 30th, 1889.
Before Mr. Recorder.
524. HENRY VIZETELLY (70) PLEADED GUILTY to unlawfully publishing and selling a translation of a certain obscene libel.— Three Months' Imprisonment. The defendant had been previously convicted of a like offence (See Vol. CVIII. p. 838), and had entered into his own recognisance in £200 not to repeat the offence; that recognisance was now ordered to be estreated.
MR. PAYNE Prosecuted, and MR. ABINGER Defended.
LEONARD SKINNER . I am clerk to Mr. Alexander Trengrove, of 26, Paternoster Row—on 18th May, about 1. 15, I had been out to dinner, and as I was returning to the shop I saw two men at the door; one of them was looking down into the basement, the other was standing in the doorway—the prisoner was one of the two, but I could not say which—they stood there about a minute or a minute and a half; they spoke to each other—another man then came from inside the shop, and joined them—all three went away together—I then went into the shop, went behind the counter, and looked at the till, and missed £2 12s., all in silver—there was no one in the shop—I immediately ran out into Pater noster Row, and found a policeman—I saw the three men just turning into Paternoster Square—they were walking—I spoke to the policeman, and followed them—when I got round the square, I saw them again; two of them were then running; the prisoner was still walking—I stopped him and gave him in charge.
Cross-examined. The second man was very much like the prisoner, in dress and height, and about the same age; all the three were very much alike—the only way to the area is through the shop—there was some gold and copper left in the till, and a few pieces of silver—I did not stop the man that came out; I did not know then that there was anything wrong; I thought somebody was in the shop minding it—when I went in I went straight to the till—the silver bowl had been nearly full of silver, and it was gone; the gold was in another bowl covered over—I am positive the prisoner was one of the men—the other two got away.
JOHN CORRIE . I am a collector in the prosecutor's employ—I had charge of the shop while Skinner was away at his dinner—somebody came in and said he had dropped something in the area—I went outside with him, and he pointed to the place—I brought him inside, and told him to go down to the area—I shut the shop door and followed him; I did not fasten it—I found nothing in the area—while I was there I heard some body come into the shop—I went up, but found no one there—the man came up with me and walked deliberately out, and I saw him no more.
Cross-examined. I was in the shop when he walked out—as far as I recollect, I was not in the shop when Skinner came in; he had come in before I came up—the man who spoke to me was a thin, spare, man, with whiskers and beard—I could recognise him again.
a lot of people about, being just dinner-time—the prisoner was alone—I took him into custody, and told him what he was charged with—he said, "You have made a mistake this time, old man"—I took him to the station—in answer to the charge he said, "It is all a lie; I was walking through Paternoster Row at the time"—he was about four minutes' walk from the shop when I arrested him.
Cross-examined. I did not see two men running away; Skinner told me they had run away—I did not see the prisoner before I got into Paternoster Square—he was walking sharp—he gave his correct name and address—I found no money or anything on him—he is a hairdresser, living with his father.
The Prisoner's Statement before the Magistrate. "I was sent by my father to the East-end on business, and going through Paternoster Row I heard someone say, 'That is one of them, 'and the policeman caught hold of me and took me to the station; I asked him what for; he said, for a till robbery, "that is all.
The prisoner's father gave him a good character.
NOT GUILTY .
MR. MUIR Prosecuted, and MR. BURNIE Defended. FREDERICK BALE. I am an umbrella manufacturer, of 89, Tottenham Court Road—I live on the premises—on Friday night, 10th May, about 11, I fastened up the shop securely—about 4 in the morning I was awoke by the police—on going down to the shop I found a skylight had been removed; the shop was in confusion, and I missed a quantity of umbrellas—I have since taken stock, and miss 197 umbrellas of the value of about £140—I have seen 96 umbrellas in the possession of the police, which I identify as part of those stolen, worth about £60—here are six, that were sold to Mr. Boyce; they are worth £8 or £9; and these five, offered to Amelia Roberts, about £5 10s.—on 16th May I received a communication from the police, and went to St. Barnabas Rectory, King's Square, Goswell Road—I waited there till the prisoner arrived—a statement was made before the inspector—after that I accompanied an officer to the Central Club, St. Luke's, where I saw the bulk of the umbrellas in a front bedroom; the greater portion were found under the bed—I afterwards went back to the rectory, and further statements were made by the prisoner.
Cross-examined. When I speak, of £60 as their value, I do not mean the selling value in my shop, that would be considerably more—I manufacture them myself—the handles are of real ivory—they are marked different prices, from a little more than 6s. 6d. up to £2 15s.—the rough value all round would, perhaps, be about 13s. or 14s. each.
HENRY BOYCE . I am a licensed victualler, of 46, Percival Street, Goswell Road—I have known the prisoner 30 years—on Monday morning, 13th, he called on me, and offered me some umbrellas, which I afterwards gave to the police—he said he had bought a job lot of umbrellas, and wanted to sell me some—I said I was not in want of any just then—he said, "You must have some of these, because they are very good; I will pick you out half a dozen, and leave them with you; pay me for them when you like"—he left six—he said the price was 15s. each, and
they were worth about £1—I paid him for them on Wednesday night with £4 10s. in gold—I understood he was the proprietor of the Central Club, St. Luke's—I have never been in the house.
Cross-examined. I knew him as a general dealer attending sales—it was not on Wednesday night that he offered me the umbrellas, I think it was on Monday; my memory is not very good.
AMELIA ROBERTS . I am in the service of Mr. Hellinger, at the Rectory, King's Square, St. Luke's—I know the prisoner—on Thursday, 16th, about half-past twelve in the day, he called and said he had got a job lot of umbrellas, and he wanted to know if there was anybody in the house requiring any—I said, "I don't think so"—he said he would leave them, he had got five with him, and he would call again for them—he said he was selling them at 10s., but they were really worth from 25s. to 30s.—I think these are them—I made a communication to my master when he came in, and he communicated with the police—they came about four o'clock, and waited till the prisoner came—I opened the door to him, and showed him into the room where the prosecutor and the police were—my master handed the five umbrellas to them.
Cross-examined. I did not know the prisoner as a general dealer—he used to bring poultry to our house.
ALFRED LEACH (Police Inspector G). On the 16th, about four, in consequence of a communication, I went to St. Barnabas Vicarage, where I saw Amelia Roberts and the five umbrellas—I sent for the prosecutor, and he identified them—at half-past six the prisoner arrived, and was shown into the room—I said to him, "I am a police inspector; these five umbrellas were stolen with others from that gentleman's shop "(pointing to the prosecutor); "how do you account for the possession of them?"—he said, "I bought them of a man the other night; I gave him 8s. each all round"—I said, "What is the man's name, and how many did you buy?"—He said, "I don't know his name; he came to my house in a hansom cab on Tuesday night; I bought about 100; you will find the others at my house, under the bed in the top front room"—I said, "How did you pay for them? and have you got any receipt or book to show the amount paid?"—he said, "No, I paid him all in gold"—I asked him for a description of the man who sold them—he said, "A man about 35 years of age, 5 ft. 6 in. in height, had a little beard and moustache, and the appearance of a working man; he was not a member of my club"—later I returned to the Vicarage, and told him he would be charged—I did not mention any specific charge, I did not know what it would be—he said, "I am guilty"—when he was charged at Old Street Station with feloniously receiving the umbrellas, he made no further reply—I went to his house with Maroney, and in the top room I found three umbrellas, two in a cupboard and one in the room, and also this coil of indiarubber tubing—at the station the prisoner said, "That's all right, I have had that six or seven years."
Cross-examined. I did not say before the Magistrate that I charged him with unlawful possession—he did not tell me that the man was coming again on Friday or Saturday for the balance of the money, and to give a receipt; nothing of the sort.
STEPHEN MARONEY (Police Sergeant G). I went with the last witness to St. Barnabas Vicarage, and saw the prisoner there—I knew him per fectly well, and where he resided—I afterwards went to the club, and
found two sacks under the bed; one contained thirty-four umbrellas and the other eight; in a cupboard in the same room I found twenty-eight, and two in another cupboard—I have produced them all.
Cross-examined. I found a large quantity of property there.
SAMUEL FAELEY . I am porter to Messrs. W. Warne and Co., indiarubber manufacturers, of Gresham Street—on 15th November I went out with a trolley of goods, amongst which was some indiarubber tubing in a parcel—while I was delivering a parcel someone took the trolley away—I informed my master.
EDWARD GOWAN . I am manager to Warne and Co.—on 15th November last witness went out with some goods on a trolley; he returned and complained of losing some—I should say this tubing was one of the lengths he had then; it is our manufacture, and I recognise the tape and the tying.
Cross-examined. We have sold many bundles of it—it has only been manufactured a few months.
GUILTY .—The prisoner then
PLEADED GUILTY to a previous conviction in April, 1882. Eighteen Months' Hard Labour.
MR. BODKIN Prosecuted. ISAAC HUMPHREY (Detective C). On 29th April Andrews made a communication to me, in consequence of which I and Sergeant Tallin kept observation inside 57, Frith Street, Soho—about half-past one on the morning of the 30th I saw Bishop get over the area railings and drop into the area—shortly afterwards I heard a low whistle, and Tallin and I went down into the basement, where we found Bishop—I said I should take him into custody for breaking and entering—he replied, "I came here to ease myself, and am going to sleep on that old sofa there, "pointing to an old sofa that was in the basement inside the house—I conveyed him to Marlborough Mews Police-station—he made no reply to the charge; he said he had got no home.
Cross-examined by Bishop. I believe the door was not left wide open; I cannot say—there was this old sofa, and old brickbats, and various things in the area; no other furniture.
FRANK ANDREWS . I live at 57, Frith Street, and have been acting as an interpreter—Mrs. Rosa Provens occupies that house; it is private—on 29th April, between a quarter to three and three p. m. I was with Madame Provens in a public-house in Bateman Street, and I saw Kendall there—he said he wanted to speak to me; we went outside together—he said, "There are some things in the back room of the ground floor which I and my brother mean to have, but as you sleep in the house we want you to help us. Before going to bed to-night, go down and unbolt the door which communicates between the front cellar and the staircase which leads into the hall and the upper part of the house. Go to bed as usual, but don't go to sleep; we shall come about half-past twelve. My brother will get over the area, and come upstairs into the passage; he will then give a low whistle, which, when you hear, you will come down and bring the key of the front parlour. When we have got the things out we will lock the door, you take the key up, and go to bed as if
nothing had happened; then the door will be found locked, just as it was the night before. You can see me again at half-past eight this evening, if anything has occurred to alter the plans"—I went and found Madame Provens, and told her, and we went immediately to Vine Street Police-station and told the police—I met Kendall at half-past eight, the police told me to—he simply asked, "Was there anything fresh?"—I said, "No"—I went home to 57, Frith Street—about eleven I admitted two police officers, and under their instructions I unbolted the door, as had been arranged, and I and the officers stayed together in the parlour on the ground floor, the centre room—about half-past one I heard the noise of a man climbing and dropping, then we heard a noise which appeared to me in the house—the door in the basement, which opens into the area, was shut, but unbolted—I cannot say if the outer door in the basement was shut; I had not examined that—when I heard the noise I turned the lamp up, and when I got into the passage I saw Bishop in custody—the place was searched—Bishop had lodged at Madame Provens; he left ten days or a fortnight before this.
Cross-examined by Bishop. You might have said you were getting on very badly, and did not know where to sleep that night—I did not say, "I tell you what you can do; she (Madame Provens) goes to bed before me; I will come down and leave the area door open, and you can sleep on the sofa; it will be better than being out all night"—we might have lived in the same house together for a week or a fortnight—I made a list of her furniture in the parlour downstairs—you may have come into the parlour where the furniture was—you asked what she was going to do with it—I may have said she was going to sell it—I did not say, "I will let you know when she gets her money, and get her purse, and go off, all three of us, to the Paris Exhibition. "
Cross-examined by Kendall. I have not been bad or good friends with you—you came in drunk, and caught hold of me by the throat, and pushed me on to the bed, and afterwards said you were sorry you were drunk—I swear I did not say I was not strong enough to fight you, but that I had intelligence enough to hurt you in another way.
Re-examined. It was about a fortnight before this that he caught me by the throat—we were on perfectly good terms on this day.
ROSA PROVENS (interpreted). I am a widow, living at 57, Frith Street—the prisoners lodged with me for about fifteen weeks, and left about ten days before 29th April—Andrews came to lodge there after the prisoners left—the parlour windows in the basement were broken; I had mended them with paper—there were in the room on the ground floor two large boxes, containing sheets, curtains, costumes, table-cloths, which were used at the hotel I used formerly to keep.
Cross-examined by Bishop. You left two days before Andrews came to the house.
EDWIN TALLIN (Detective C). On 30th April I was in the house, 57, Frith Street, in the early morning, and I saw the figure of a man coming over the railings—we waited a few minutes, and I and Humphreys went downstairs in the basement, and found Bishop, who was taken into custody, and taken to Marlborough Mews—on the same morning I saw Kendall in the passage of the Police-court, and I arrested him, and told him he would be charged with his brother, in breaking and entering 57, Frith Street—he said, "I am quite innocent, I have
been at the club all night, and came to this Court to pay a woman's fine"—I examined the windows in the area of the house, and found they were nearly all broken, and a person from the outside could push the catch back—the sashes were down—I heard the noise of the area door being opened—Andrews told me it was closed before.
Cross-examined by Bishop. I should say you could have got in by the window without Andrews' aid—paper was on the windows—several panes of glass were broken—I cannot say if you would open the area door by turning a handle, or pushing a bolt or anything, or whether it was open.
EDWARD DERBY (Policeman C 314). I was on duty in Frith Street on Monday, 30th April—I had received information about the prisoners—between twelve and one I saw the prisoners near the corner of Compton and Frith Streets; I stood in a passage—they passed me talking, and went to the corner of Bateman Street, three or four yards from No. 57—they looked up the front of the house—they separated, Kendall going into Greek Street, and Bishop through Bateman Street into Dean Street—they re turned by different streets to the corner of Frith and Compton Streets, where I saw them speaking to one another—then they separated again, and Bishop came on one side and Kendall on the other, passing me, and stopping outside the house at the same corner as before—after a few minutes I saw Bishop in conversation with a woman, while Kendall stood on the opposite corner—they stood there about five minutes, and then they separated, and I saw Kendall at the corner of Compton and Frith Streets, while Bishop mounted the railings and disappeared—instantly afterwards I heard a police whistle—I went up to the house and saw Bishop in custody—I tried to find Kendall, but could not—it was him possible for Kendall, from where he stood, to see Bishop getting over the railings; he was about 40 lbs. off.
Bishop in his statement before the Magistrate said that Andrews, with whom he had not been on good terms, asked him to come and sleep on the sofa.
Kendall in his statement and in his defence said he knew nothing of the affair; that he and Andrews had been bad friends, and that he had told him he was going to pay him out for hurting him on a previous occasion.
NOT GUILTY .
The prisoners received good characters.— Discharged on recognisances.
NEW COURT.—Thursday, May 30th, 1889.
Before Mr. Common Serjeant.
MEIR PLEADED GUILTY .
MR. H. AVORY Prosecuted, and MR. GEOGHEGAN Defended Chivers.
Hikins, and Chivera were part of the crew; Meir was boatswain—on May 7th I collected a quantity of fish from the fishing smacks and started for Billingsgate with it—the fish was packed in boxes and stowed in the hold—Chivers, Hikins, and Meir assisted in stowing it—Meir had charge of one side of the ship—there are no tops to the boxes, they are only covered with ice, with a string across—it would be possible while the fish was being stowed to abstract one or two fish from a box; they would even fall out—we arrived at Billingsgate about 7. 20 p. m. on 8th May, and the ship was berthed outside two other vessels to the dummy, and the crew who lived in London left about 8. 30—I left the watchman, Roberts, on board in charge—I did not go forward, and do not know whether any of the crew were on board when I left—I returned about 1 a. m.—the police came the following morning, and then the watchman called my attention to two or three fish baskets in a locker in the fore castle—they were damp, but I could not say that they had been used—I saw no ice in them—those boxes are kept on board and taken out to the fleet, and an empty one is sometimes used for a seat or a table—the boat swain has charge of that locker; I had been there the day before, and they were not there then—we had a quantity of turbot on board.
Cross-examined by MR. GEOGHEGAN. In the North Sea the mate of each smack deposits a note, saying how much fish he has put on board, and we add up the numbers before we get to Billingsgate, and the total represents the cargo of the ship—the fish is stowed away in the main hold; there is only one hatchway—I have charge of the starboard side and Meir of the port side—I exercise general supervision over the men and assist in stowing—I do not think anybody could take 2 1/2 cwt. of turbot from my side of the vessel while I was there—we were about three hours taking the fish in—there is always a watch on deck; the boatswain, Fred Coles, has one, and I the other—I do not suggest that he would be a party to the fish being removed—the cargo was undisturbed, so far as I know, till we got to Billingsgate—I went ashore at 8. 30, but did not leave till Roberts came on board—the consignees are different salesmen in Billingsgate, so many boxes—a box of haddock will weigh six stone, and turbot from six to seven stone—the boxes are not weighed—if a salesman was a considerable amount of fish short he would complain to the company—the forecastle is rather damp in wet weather—she is a wet boat, always in a state of dampness—no complaint has been made of the number of boxes being short—the boxes are covered with ice, and packed in tiers, face to face—the ice melts before we get to Billingsgate, but we have slack boxes every voyage—they would not put turbot and soles on top of haddock—we call turbot prime fish and haddock offal, and it is usual to have the prime fish slack—I have heard no complaint of soles being sent as weight.
Re-examined. Sometimes we take out 1,200 boxes and bring 1,800 back—all the vessels have spare boxes on board—the boxes, when filled, have a parchment tally to show who they are consigned to—I saw no tallies on the boxes I found in the forecastle, and nothing to show that they had been filled with fish as part of the cargo—my back was turned towards the port side—I have to lift sixty stone boxes, and cannot look behind me when I have got them in my hands.
after she was moored Chivers and Hikins went ashore at eight o'clock—I remained on board till nine, when I had to go to the quay—I spoke to Meir just as I was leaving the ship, and then saw Hikins come on board; he went straight down the forecastle, and never spoke to anybody—there was no light in the forecastle—I left the ship for a minute or two, leaving Meir and Hikins on board—when I returned I went to the stern and remained there a quarter of an hour, and when I went forward no one was there, but the forecastle lamp was lit—I went into the forecastle about 10 o'clock, and saw three empty fish-baskets, and water running from the boatswain's locker along the floor—fish-baskets hold about 4 stone of fish and fish-boxes 5 or 6 stone—next morning the police came on board, and I called the mate's attention to what I had seen in the forecastle.
THOMAS RILEY . I am a waterman—on 8th May, about 8. 30 p m., I was at the Custom House Lower Stairs, and saw Chivers and Hall, and the other two—Chivers engaged me to row him up towards Billingsgate—when I got there he pointed to the ship third bottom out—that means outside two others—he went on board for a few minutes, and came back into the boat; four bags were passed from the ship into my boat some how, but I did not see anyone on board the ship—Chivers handled them—they looked heavy—he then told me to go back to the Lower Custom House Stairs, where Chivers passed them off the boat on to the stairs, and he and the prisoner Hall, and two other men, carried them to the King's Arms—I went there two or three minutes afterwards, and the bags were put down by the cellar door—I did not see them carried down to the cellar—I stopped ten minutes and had a drink—Chivers paid me 3s., and I came out and left them there.
Cross-examined by MR. GEOGHEGAN. The King's Arms is on the left side of Lower Thames Street, almost opposite the Custom House—it is an early opening house, much used by Billingsgate men.
RICHARD SMERDON BALL . I am potman at the King's Arms, Lower Thames Street—seamen leave their bags there, and we charge them 6d. to take care of them—on 8th May, about 10 o'clock, the four prisoners came in and brought four oil skin bags—one of them asked to be allowed to leave them there—Riley came in shortly afterwards—after we had ticketed the bags I unlocked the cellar, and they put the bags in—one of them asked me to have them handy and not to tax them into the cellar, as he should want them early in the morning—I said that they would be in my way—they took them down, two to each bag—I said, "They seem very heavy; "one of them said, "A good deal heavier then you"—I said, "Not heavier then ten stone;" he said, "Yes, a good bit"—they paid for leaving them, and stopped there some time drinking—about 8 a. m. I saw Chivers in the bar, and a barrel close to the cellar door—I said, "Whose is this?" and laid my hand on it—he said, "That is mine," and wheeled it towards the door—it was full, and there was straw at the top—I could smell that it contained fish—my mistress then called my attention to the cellar door being open—I had left it locked, and the key in its usual place, on a hook in the bar, where anybody could reach it—I locked the door, but did not go into the cellar—the barrel was then gone—the police came soon after, and I went into the cellar with them; and they found one of the bags half full of turbot, and two of the other bags empty—one was missing, and all the turbots were taken away—we have not got them
now—on the same day I went on board the boat and identified Chivers—I identified Hall at the police-station, and when the ship came back I saw Meir and Hikins.
Cross-examined by HIKINS. YOU helped to take the fish into the cellar.
Cross-examined by MR. GEOGHEGAN. The detectives came to say that I was wanted at the station, and I saw Hikins and the other men in a room—I knew that the men I was going to identify were sailors—Hikins was dressed as he is now, he had a jersey on—the other men were not sailors, and had not jerseys on; they could not be mistaken for sailors.
Re-examined. I identified him by his face, not because he had a blue guernsey—I identified Meir as soon as he spoke to me—I did not identify Hikins on the first occasion, because I was not sure—I was taken to the ship to see if there were any men who were in the bar the night before; and I identified Chivers at once—I said nothing at that time about Hikins.
JOHN BROWN . I am a puller-barrow—on 9th May, about 7. 40 a. m., Meir and Hall engaged me by the King's Arms—they rolled a barrel out of the public-house and put it on my barrow—I asked Meir where I had to go to—he said, "Tower Hill; I will follow you"—I did not know that a policeman was watching; but I was stopped before I got 20 yards, and the policeman asked me what was in the barrel—I did not know, and told him so—when I got to the station I found it was full of fish—he took me into custody—I saw Hall taken—the police took me back to the public-house with the fish, and there was nobody there—I was brought up before a magistrate and discharged—I only saw these two men.
ROBERT LYON (City Policeman). On May 9th I was standing with 845 in Lower Thames Street, and saw Hall and Meir wheel this barrel out of the King's Arms public-house—it was put on to Brown's barrow, who started with it towards Tower Hill—I saw Chivers in the public-house looking over the window—the other constable stopped Brown in my presence, and he was taken back to the public-house, because he could not give an account of where he was going—Hall was then at the other side of the road; I took him in custody in consequence of what Brown said, Hikins was not there then—I said, "Do you know what is in it?"—he said, "No, I only assisted a man who was in the public-house to put it on the barrow—at the station I found the barrel contained eleven turbot—I found six turbot in another bag in the cellar.
HENRY COSTIN (City Detective). I received information, and went on board the New Zealand on 9th May, about 11. 30 a. m., with the potman, who identified Chivers—I said, "I am a police officer; you will be charged with two men in custody with receiving about 2 1/2 cwt. of turbot"—he said, "It is a mistake; I know nothing about any fish"—he said at the station, "There are others in it as well as me"—I said, "Who are they?"—he said, "I shall not tell you; as I am in the net I shall stand to it myself"—I made further inquiries, and went on board the same vessel when she arrived at Gravesend on 21st May, on the way up to London, and took Meir in custody—he made a long statement—later on I took Hikins, and said, "I am a police officer"—he said, "I know that"—I said, "I shall take you in custody, "and told him the charge—he said, "I know nothing about it; I can clear myself"—they were
taken to Seething Lane Station, and placed with about seven others, and Ball identified them; they were then charged, and made no reply—Ball had given me a description of the other two men before I arrested Hikins and Meir.
Cross-examined by MR. GEOGHEGAN. When Chivers made the statement about being in the net he was drunk, but sensible enough to know what he was doing.
Re-examined. The ship was just starting—Chivers was not in bed or lying asleep drunk; he was perfectly able to do his work.
THOMAS KENT . I am manager of the Hull Steam Fishing and Ice Company, Limited—the New Zealand belongs to them—17 turbot, weigh ing about 20 stone, were handed to me by the police—I saw 2 bags, and an oil frock which had been used as a bag—4 such bags would hold 560 lbs. of fish, value £10 or £12—I sold them a day later for £5, 6s.—some of the boxes which came from the steamer were very slack; and as I sold a box which was slack, I made a remark to my clerk about it.
Cross-examined by MR. GEOGHEGAN. Messrs. Pritchard and Co., solicitors, represented me on the first occasion at the Police-court; I was not there—Mr. Avory examined me on the second occasion, but not when I gave evidence against Hall and Chivers—some boxes contained all turbot, and some turbot and plaice—the boxes which were slack contained prime fish—I do not call plaice prime—I could have told if the boxes had been disturbed that morning; and they had not been—I know this landing very well, it is not where steamers discharge oranges—it is not used by the Comet, but it is by the Northward; she is a fish carrier belonging to the A 1 Company—there is a steamer named Cormorant, belonging to the Great Grimsby Ice Company—in addition to my company there are two companies using that wharf, fish carriers—they were there that morning, to the best of my belief—the crew of the New Zealand was 11 or 12 men—7 seamen, a steward, 2 stokers, and 2 engineers.
Re-examined. There is so much ice which runs away and leaves dirt on the fish, that we cannot always tell whether they have been disturbed the day before—if a fish was taken from the top of a box on the voyage, we should see a vacancy if it was not filled up with ice, which it is not always—they throw bushels of ice on the fish, so as for both boxes to take it.
THOMAS RILEY (Re-examined). I know no fish ship named Cormorant or Northward, and never heard of the New Zealand till now—three ships were lying off Billingsgate, and I was on the third out—there is a dummy there, and they were outside it.
By MR. GEOGHEGAN. I ply lower down the river—there were three vessels there at 8 p. m., when I took Chivers on board—the tide was running down, and they had their heads down the river—they were all close together—I went to the Surrey side of the vessel.
By MR. GEOGHEGAN. The ice is kept in the hold forward, and there is a strong door—any person can enter where it is, as the fresh meat is kept there—there is always someone on the bridge—ours was the outside vessel.
Hall's Defence. I was asked to carry one of the bags, and when I got to the river there was no boat, and Chivers called Riley.
Hall received a good character.
CHIVERS— GUILTY — Eighteen Months' Hard Labour.
HIKINS and HALL— NOT GUILTY .
MEIR— Twenty Months' Hard Labour.
MR. SYDENHAM JONES Prosecuted.
WILLIAM DAVID MELVILLE FORREST . I am secretary to a public company, and live at 12, Milner Square, Islington—on Saturday evening, 25th May, shortly after 7, I was coming from Fenchurch Street Station—my coat was open; I was wearing my watch and chain—I was suddenly knocked down—I still bear the imprint of the knock, and also at the base of my spine; and I have the traces of what was a black eye—while I was down I suddenly saw the prisoner—I was in a semi-conscious state, almost knocked out of my senses—I saw the prisoner in the act of taking my watch—I endeavoured to seize hold of his coat, but he was off, and ran a few yards, when he was captured by the two witnesses; and a little boy gave me my watch and portion of the chain; the other portion remained in my pocket—I had not been totally abstinent that day, but I was very far from drunk—I had come up from the docks, where I had had a little drop of over proof spirit—I had some beer for my dinner, and one glass in the cabin of a friend's vessel—I was very excited.
CHARLES CLISBY . I am an office boy at 27, Coleman Road, Camber well—last Saturday evening, soon after 7, I was in Fenchurch Street—I saw the prisoner throw this watch and chain in the road, I picked them up and gave them to a man, and he passed them back to me.
JOHN EMERY . I am a machine-minder, of 23, Anthony Street, Commercial Road East—last Saturday night, at 7. 40, I was in Fenchurch-Street, and saw the prisoner following Mr. Forrest, who dropped his hat and the prisoner picked it up—in about two minutes I saw Mr. Forrest coming back, halloaing "Stop thief!"—I caught hold of the prisoner; he put his head down and tried to pitch me over, but he slipped down, and I fell and another gentleman on top of me—the prisoner tried to kick me in the privates—I handed him over to a policeman—Mr. Forrest might have had a little drink; he was not staggering—a boy came up with the watch in his hand, and the prisoner said, "You have got the watch; now let me go"—I swear the prisoner is the man.
FREDERICK LITTLE . I am a master mariner, of Manor Terrace, Peckham—about 7. 30 last Saturday night I was in Fenchurch Street, and as I passed Mark Lane saw the prisoner arguing with Emery, who gripped him by the back, and they both fell—the prisoner struck him a violent blow on his jaw, and tried to kick him in a private part, but I caught him by his sleeve, and said, "You blackguard, how dare you, "and pinned him against the wall—he said, "If I can get my right hand clear I will smash your face in; "I said, "I will take pretty good care you don't, I shall hurt you if you do"—Mr. Forrest came up white as death, and a little boy with this watch—I said, "Hand it back here, "a portion of the chain was hanging to the prosecutor's waistcoat—I held the prisoner about ten minutes—he said, "You have got your watch and
chain, now let me go; "I said, "No "not till I give you to a policeman, "which I did.
ERNEST HENRY DRURY (City Policeman 702). I was on duty near Fen church Street, last Saturday night, about 7. 45, and Clisby ran up to me—in consequence of what he said I went to the corner of Mark Lane, and found the prisoner held by Emery and Little—the prosecutor was standing there with this portion of his chain in his hand; he said, "This man has stolen my watch and chain; I give him in custody"—the prisoner said nothing; I took him to the station—the prosecutor was drunk, but he knew what he was about; I mean that he had been drinking, and the excitement overcame him.
Prisoner's Defence. Two gentlemen laid hold of me, and I fell down they charged me with stealing this man's watch, but I am innocent.
GUILTY .— Twelve Months' Hard Labour.
Before Mr. Common Serjeant.
531. JOSEPH PERRY (25), JOSEPH HOLLINGSWORTH (41), and JAMES BLACK (31) , Stealing 296 pairs of boots, the goods of Henry Fergusson, the master of Perry. Second Count, receiving the same. PERRY PLEADED GUILTY .
MR. WARBURTON Prosecuted;MR. KEITH FRITH Defended Hollingsworth;
MR. HUTTON Defended Bloch. HENRY FERGUSSON. I carry on business at the Broadway, Barking—Black is a bootmaker in the neighbourhood—at 4 o'clock on 2nd May I was putting away some steps, and I found some children's boots of mine in the pocket of Perry's coat, hanging up in my hall—Perry was my manager and salesman—he confessed, and I gave him into custody—as I passed Black's shop on the way to the station, a ticket in the window attracted my attention; and then I saw boots which I recognised as mine—they were a special boot I order, and had a mark on them—I telegraphed to the London firm that supplies me, and in consequence of the telegram I went in Black's shop and said, "Shopmate, you shut up rather early to-day"—he said, "No"—I said, "I have come to see you on a little business; you have some boots in your window a facsimile to mine, and I don't think the firms supply you, "or something to that effect; I said, "What did you give for these?"—he said, "I cannot recollect what I gave for them"—I said, "Have not you your invoice of them?"—he said, "No, I paid ready money for those"—I said, "What do you sell them at?"—he did not know; he hesitated; and I said, "To tell you the truth, they are mine, because there is my mark on them"—he said, "To tell you the truth. Mr. Fergusson, they are all yours"—I said, "I shall charge you with stealing them"—he closed the doors and said, "Don't lock me up; I will return every pair, and work and do anything for you, but don't lock me up on account of my wife"—I called a constable—I told him matters were already in the hands of the police, and I could not do anything—Badsey was called in; the prisoner said in his hearing, "All those in the window belong to you '—the constable asked him if he had any more anywhere else, and he said, "No"—I searched the place
and found 296 pairs of boots, which I identified as mine—the value of them is about £100—this is my mark on these boots, which are mine, but I can judge more by the manufacture than by any special mark—Sheffield and Olive have produced boots to me which are mine—I have seen Hollingsworth and Perry speaking and drinking together—I saw him early one morning in my shop, as soon as Perry took the shutters down—I took the trouble to watch them of a night.
Cross-examined by MR. HUTTON. I have been 14 years in business—I have boots specially made to suit my customers—mine is not the only shop that sells boots like that—that has been altered, the waist has been blackened and the heel altered—I have been through every one of the 290 pairs, and have identified every one as mine, principally by my private figures on them; in some cases the figures have been altered—some have no private marks on them, as I sell wholesale as well as retail—I have a considerable business—Black said all the boots in the window were mine, and I asked, "Have you any more about the premises?" and he said, "No" at first, but afterwards he said, "But let me think; I am so much worried"—that was in the presence of the constable; he was almost powerless to do anything—he told me all about it—I can't tell how many boots I have lost altogether—I should think not 1,000.
Cross-examined by MR. K FRITH. Perry had been ten years, as nearly as possible, in my employment, and had borne the reputation of a respectable man—he had recently moved into the neighbourhood; he did not live very far away—I have met him out of doors with people—some times people who met him in a public-house would come and buy things of him.
GEORGE ALLEN (Police Inspector K). I am stationed at Barking—at a quarter to 8 p. m. on 2nd May Black was brought to the station by Badsey—from information received I went to Black's shop, 23, North Street, where I saw Mr. Fergusson and a large quantity of boots, which he identified—a constable was put in charge of them—I went to the Broadway, Barking, where I saw Hollingsworth—I said to him,"Joe; do they call you Rubber?"—he said, "Yes"—I said, "Mr. Fergusson charges you with being concerned, with Joseph Perry, in stealing about 200 pairs of boots"—he replied, "Me! not me; he has made a mistake"—I handed him over to Badsey, and he was taken to the police-station—I then went to 23, Axe Street, Barking, the private address of Black, where I found this pair of boots (produced)—I went to the station—I had the three prisoners put together—I told Black he would be charged with receiving a large quantity of boots from Perry and Hollingsworth"—he replied, "Yes, all right; I will tell all"—I told him I should take down in writing all he said, and produce it at the Police-court—he made the following statement, which I wrote down at the time; he signed it: "When Joe Rubber (Hollingsworth) came to my place, about six months ago, he said to me, 'Jim, do you want to buy a pair of boots?'I said, 'Yes; what sort are they, and where did you get them?'he said, 'They are a pair I bought, misfits. 'I said, "What do you want for them?'he said, '5s. 'I gave it to him, and he brought another pair. I said, 'Are these misfits?'he said, 'Yes. 'After a lapse of two weeks he brought some more; I bought them, and allowed him 5s. a pair; about six or seven pairs at different times. I lent him 1s. He never came any more. Some time after, just before Christmas, Joe
Perry came, and he asked me if I would buy a pair of children's boots. He had a pair and I bought them. He has been bringing them ever since, and I have bought them. I have not sold three pairs a week of them. What I have sold have been my own making"—I told Hollings worth he would be charged, and that he had heard what Black said about him—he replied, "I have not been in his shop this twelve months; I own that I went with two separate pairs, one at a time, that I bought up the road at Stratford"—Hollingsworth signed that—when charged, they made no reply—I searched Black's shop, and found 296 pairs of boots (which have been identified by the prosecutor) in cupboards, drawers, and in the window—after taking Mr. Fergusson's property away there were about thirteen pairs of new boots left as his stock-in-trade, and some boots in repair—we found up the chimney a sole which had been taken off a boot.
Cross-examined by MR. K. FRITH. At the Police-court on 1st May Mr. Shannon said there was not a strong case against Hollingsworth, but we have more evidence to-day—the chairman said nothing about it—all the prisoners would have been allowed out on bail, but they could not obtain it.
Cross-examined by MR. HUTTON. Black has been seven or eight years in the neighbourhood, I believe—he bears a respectable character—the boots have been suspiciously mutilated—I can't say if the piece of leather was put up the chimney to hide it—I found no boots up the chimney—Badsey and Mr. Fergusson were present when I took down the prisoners' statements; I wrote them myself—Black's is a small shop, about 200 yards from Fergusson's; there are other shops in the street, but no other boot-shops.
THOMAS BADSEY (Policeman K 500). Shortly before 7 o'clock on this evening I went to Black's shop—Mr. Fergusson made a complaint about boots in his possession—I asked Black where they were—he said all those in the window belonged to him—I asked him if there were any more—he said, "Let me consider for a moment; I am very nigh dumbfounded"—I said, "Any more upstairs?"—he said, "Yes, I have"—he handed me down a bundle with about twenty pairs in it—I asked him if he had any more; he said, "Yes"—I went to the cupboard and found a quantity more—those boots were all identified by Mr. Fergusson—Black said they were all Mr. Fergusson's property, and he hoped Mr. Fergusson would not prosecute him, taking into consideration his children—Mr. Fergusson said the case was already in the hands of the police, and he could not withdraw it—Black said he would give him every pair back, and would work his hands off if only he would have mercy on him, for the sake of his wife and children—I took him into custody—he was taken to the station and charged—I was present when he made a statement, which he signed—the inspector afterwards handed over Hollingsworth to me at Barking, and I brought him to the station; when taken into custody, and charged with being concerned with Perry in stealing the boots, he said, "Me! not me; I know nothing about them"—that was all he said in my presence till the statement was made.
EMMA COE . I live at Lister Street, Barking, and am a midwife—Hollingsworth asked me to pledge 3 or 4 pairs of boots for him, and I pledged them at Mr. Hockey's, in Barking; one pair in the name of Rubber, the others in my own name—I gave the tickets to Hollingsworth,
whom I have always known as Mr. Rubber—the last pair I think I pledged on the 29th April.
Cross-examined by MR. K FRITH. I have known him some years—I have brought things at sales, and got other persons not known to the pawnbroker to pawn them for me—the dealers don't get so good a price as strangers often get—I knew generally where Hollingsworth could be found—if there had been anything wrong in the transaction I would have had nothing to do with it; it did not strike me as suspicious his asking me to pawn the boots—I have lots of times made 1d. and 2d. for myself by pawning things for others—I knew this pawnbroker, and a person who is known sometimes gets more—Hollingsworth said, "I want you to take these boots for me; they ain't mine; but I was asked by someone to take them to pledge for them; I will treat you; the man told me to pay you"—I took them to be his boots which he wore on Sunday—I thought they were all his boots.
JAMES SHEFFIELD . I am manager to Messrs. Hockey, pawnbrokers, Barking—I produce 7 pairs of boots, pledged between 7th June last year and 29th April this year—three were pawned in the name of Joe Rubber, on 29th April, and four in the name of Coe—the prosecutor has identified them.
Cross-examined by MR. K FRITH. I have known Mrs. Coe as a customer for years—I treat all customers alike, and give them trade value for articles—young persons and women are often employed to go to pawn brokers because they get more—all the boots had the appearance of being worn—I asked no questions.
HARRIET PILGRIM . I live at 11, The Walk, Barking; until lately I was barmaid at the King's Head, Barking, for 9 months—among the customers there I used to see Hollingsworth, and Perry used to come there frequently—I saw them there the last two months.
Cross-examined by MR. K FRITH. Hollingsworth used to work there occasionally—I cannot say I ever saw him and Perry speaking together; they have been there at the same time—they appeared to be meeting as casual users of the same house—there was nothing suspicious in their being there, I considered.
WILLIAM DURHAM . I live at 85A, Whitechapel Road, and am a boot manufacturer—I made these boots (Those produced by James Sheffield)—I sold none to Black or Hollingsworth—I identify a good many pairs—this boot is my make, and has been altered since it was sent out, the sole has been blackened.
Cross-examined by MR. HUTTON. I know these boots which were found at Black's are mine by the style, the material, and the shape—I might make 100 pairs of these a week—I know all my customers; they are supplied to others beside Fergusson—I supply the trade.
PERRY.— Twelve Months' Hard Labour. HOLLINGSWORTH.— Twenty Months' Hard Labour. BLACK.— Two Years' Hard Labour.
Before Mr. Justice Grantham.
Before Mr. Recorder.
GEORGE MURRAY . I am a footman—on 7th of this month I was staying at the Stanhope Arms, Stanhope Street—between 6 and 7 that evening I was at the Coopers' Arms, Gloucester Street—when I came out I saw the two prisoners outside, with a third—one of the prisoners, I could not say which, snatched my watch and chain, and passed it between them, and hustled me, I had been drinking, so I could not exactly tell how, and they all three ran away—I never saw my watch again—I shouted, "Stop thief!"—my hat fell off—I followed them as well as I could, but lost sight of them—I remember no more till the constable brought the prisoners up to me—that was about ten minutes or a quarter of an hour afterwards—I have not the least doubt they are two of the three men.
Cross-examined by Hazel. I said at the Police-court that I lost my watch and chain between 3 and 4, but I made a mistake; I had been drinking—this happened near Tower-Street, off the Blackfriars Road.
GEORGE CLARK (Policeman M 380). At half-past 7 on the evening of 7th May I was in St. George's Circus—I heard a cry of "Stop thief!"and saw the two prisoners running across the circus, in the direction of Blackfriars Road; there was a crowd following—15l. stopped Hazel, I stopped Smith—he struggled to get away, and we both fell; another constable came to my assistance, and we secured him—he said, "One of you would not have copped me; if you had you would not have taken me, for I would have given you a rare doing"—I told him I should take him in custody for stealing a watch—he said, "I know nothing about the watch"—I took him back, and met the prosecutor in the Borough Road—he said, "Them two chaps stole my watch"—they were charged at the station; they made no reply.
WILLIAM VAGOOD (Policeman L R 15). I was in the Blackfriars Road, and saw the two prisoners come running from the Borough Road, in the direction of Blackfriars Road—I heard a cry of "Stop thief!"—knowing Hazel I went in pursuit of them; I caught Hazel—I did not know then what the charge was—I afterwards met the prosecutor—I then told Hazel what he was charged with—he said, "God b——me, I know nothing about it this time."
direction of the Borough Road—some boy shouted, "They have stolen a watch, governor!"—I ran after them; Hazel was taken—Smith doubled back, and ran into the arms of 380—they struggled and fell; I went to his assistance—on the road to the station Smith said, "One of you would never have caught me; if you had you would have had a rare doing; "and turning to me he said, "I have got you marked for another time."
THOMAS PUNCHARD (Police Inspector M). About ten minutes to 8 on the 7th of May I was at Southwark Police-station when the prisoners were brought in and charged by the prosecutor—he was the worse for drink—he said, "These two men and another assaulted me, and stole my watch, when I was coming out of a public-house"—he was unable to tell me what public-house it was; he said it was in the neighbourhood of the Borough Road—he afterwards pointed the house out to a constable—it was just over 500 yards from where the prisoners were taken—the prisoners said they knew nothing about it.
HORACE HENRY BROUGHTON . I keep the Coopers' Arms, in Tower Street, Westminster Bridge Road—the prosecutor came in with a con stable between 8 and 9 that evening—he asked if I remembered seeing him in there—I said, "No"—he had not been in there to my knowledge—I never saw the prisoners in the house.
The Prisoners, in their statement before the Magistrate and in their defence, denied all knowledge of the robbery.
NOT GUILTY .
MR. PIGGOTT Prosecuted.
GEORGE GRIFFIN . I am a furniture dealer, of 2, Camelia-Road, Bormondsey—on 21st December I went to bed at, 1 a. m.—I got up at 7. 30, and found the kitchen and washhouse doors wide open, and a knife on the washhouse window-ledge—I missed this clock from the parlour, and a coat and jacket of mine, which were safe the night before—I informed the police—my daughter found the clock on Easter Monday night, and I went to Mrs. Scott's and recognised it; that is seven minutes' walk off.
Cross-examined by the Prisoner. The kitchen window was closed, but whether the catch was fastened I cannot say—I heard that you came to my shop with another boy on the Thursday before the constable took you.
SOPHIA SCOTT . I am the wife of James Scott, of 9, Carlisle Crescent, Southwark Park Road—the prisoner was lodging with me on 21st December, and I heard him come in between 2 and 3 o'clock—he used to come in at all hours of the night—I saw him next morning, and he said he had a clock upstairs which he would sell me, which he did for half-a-crown—he said he had won it at a raffle—that was before December 22nd—this knife is my property; I saw it in his pocket after I had the clock—he left me on December 25th, leaving his box behind—I looked in it and saw two ladies' jackets the same day as he sold mo the clock—he afterwards knocked at the door, and asked for his shirt and socks; I said he should not have them till he paid me, but I gave them to him—he said he had been travelling the country for a few weeks, and burst the door open, and kicked up such a disturbance that I gave him his box and let him go.
Cross-examined. I did not see a gentleman's jacket in your box—you
had six sheets of paper, and walked out of the house without coming into the kitchen, but I did not see you take anything out of the house—I picked up a knife on Christmas morning, and said I would stick it into you, and you well deserved it—you threatened my life—I do not give this evidence because you owe me a week's money—I paid you for the clock on Christmas morning, and said I should not buy it till my husband came home—you said that the raffle was for the burial of a child.
WILLIAM BRADFORD (Police Sergeant). I received information, and on 22nd December examined these premises—entrance had been effected by climbing over a pair of gates six or seven feet high, by the side of the house—the washhouse window had been opened with this knife, which was found on the window-sill; but the entrance had really been made through the kitchen window, which I do not think had been fastened—the shop was in great disorder, boxes and drawers turned out—on Easter Tuesday I was with Mr. Scott, in Albion Street, and saw the prisoner approaching—he ran away, and was not arrested for two or three days, and then after a great chase.
BERNARD RILEY (Police Constable M 333). I took the prisoner on 26th April; he asked what it was for; I said, "This gentleman says you broke into his place last Christmas, and among the proceeds was this clock"—he said, "Oh I know, I bought that of a man in the Blue Anchor publichouse; I don't know his name, but I know him by sight"—he protested his innocence, and gave a correct address.
Cross-examined. You did not say that you knew anything about the charge, you said you had just come from Mrs. Scott's house, and gave that as a reason for running away—only some old paper was found in your box.
The Prisoner, in a long statement before the Magistrate and in his defence, dated that he bought the clock of a man who he was at work with at the time, and sold it to Mrs. Scott; that Mrs. Scott, having threatened his life with a knife, he told her he would make her wait for her money, and when he saw her husband with a detective he thought they wanted the money, and he ran away.
GEORGE GRIFFIN (Re-examined). I can swear to the clock from a thousand—I have had it 15 years—here is a hole in the back, over which I put a piece of brown paper—the little regulator is gone, and the large hand is broken.
GUILTY.— Judgment respited.
CHARLES ALFRED SMALLBONE . I am a commercial traveller, and pro prietor of the grocer's shop known as the Wolsey Stores, 50, Wolsey Terrace, Mortlake—in March, 1887, I engaged the prisoner as manager of that shop—he wrote this letter, to show the terms on which he was engaged (In this letter he agreed to take management of the shop; to allow all goods to be charged in his name, and medicine and tobacco licenses to be taken in his name; but that he should not be liable for goods sold; he should have no claim on anything; and that he was only a weekly paid servant)—he entered on the management—I paid him £1 5s. a week, and commission of 3d. in the £ after the first stocktaking—from time to time I went to the premises, to compare the receipts and the payments—it was part of his duty to keep this cash-book, and when I went I compared this cash-book with
the receipts and invoices—the prisoner produced receipts to correspond with every payment shown in the hook—I dealt with Messrs. Murley Brothers, cheese mongers, and from time to time I find their name mentioned in this book, as having been paid sums of money—under date 13th February I find an entry in the prisoner's handwriting, of the payment to them of the sum of £3 15s. 3d.—he produced this receipt as a payment for the money—in December his salary had been reduced to £1 a week, as the business did not pay, and he was to have one-third of the net profits, which would have been to his benefit if he had worked well—on 16th March, 1889, I went to the shop and asked to see his cash-book and invoices—he produced a bundle of invoices for goods which had been purchased apparently for the business; I knew nothing of them before—in the first place he wanted me not to see anything, but to go away; in fact, he wrote to me on the very morning, to ask me not to go there—when I got there I asked for the paid and unpaid files, and he produced them at once—I found he had not paid various amounts he represented in the cash-book to have paid—I had previously been round to the wholesale firms and gained certain information, and it was in consequence of that that I went on 16th March to look at the files—some of the invoices I had never seen before—I did not know the amounts were owing that were shown by these invoices—I said, "I only find about £50 worth of invoices on the file, you must owe a great deal more than these"—I asked him how much he owed? what bills were due?—he produced a batch of bills which came to £104 or £105, but I had found out that he owed £186 at the least—I said nothing about that to him—I said he must have been robbing me—he said he had not, but afterwards he admitted that he had lost the money—I said, "Sand well, be honest, and tell me the facts; have you been gambling, betting, or what have you done?"—all I could get out of him was, "I have lost the money"—I said, "What do you mean by losing the money? be honest; I have been a friend to you"—he said, "All I can say is I have lost the money"—I could get nothing else from him; he would not say how—after that I went with him to two of the wholesale houses whose invoices I found there, in order to see if those amounts were really owing—subsequently I found all those amounts were owing, and I have paid them—at the time of the interview on 16th March, I had been to Messrs Murley Brothers and had got this receipt in my possession; when I found they had not received the money, I considered it was a forgery, and took it from this paid file—I have looked on the receipt file for all the receipts corresponding to entries in the cash-book; I could not find them—about £80 worth are missing—if the cash-book is right, receipts to the amount of about £80 are missing from the file—those receipts have been on the file at the time I have examined the cash-book, and are now missing—after I discovered these matters I took proceedings against the prisoner.
Cross-examined. I told the prisoner on the 17th March he would have nothing to do with the stocktaking; I don't remember the prisoner complaining that it was not fair treatment—I don't think it unfair—from the 17th March the prisoner has had no charge or control over the shop and papers—only two of the invoices I found were from firms I was not aware the prisoner was dealing with; they were from Gardiner Jones, a tea merchant, I believe—I am traveller for Mr. Williams, a tea merchant—I told he prisoner when I engaged him he was to get all his tea from
the firm I am with—I gave him full latitude to get provisions where he liked—I was very much annoyed to find he was getting tea from Gardiner Jones, instead of from our house, and he said he had only had one transaction with them, and he would not have any more—I think he would know I should be annoyed—if he had entered in the cash-book a payment of £3 15s. to Gardiner Jones, I should have found out that he was dealing with Gardiner Jones—he must have had a reason for not entering pay ments to Gardiner Jones in the cash-book—I have no idea of his making a payment of £4 6s. 5d. to Gardiner Jones on or about the 18th February—I am astonished to hear it—I never expected him to pay anybody but those he put down in the cash-book—I have heard he has made payments other than those entered into the cash-book, but I have not heard it in regard to Gardiner Jones till now—he did not ask me to go round with him to the wholesale houses from whom he was purchasing, nor did he say that he would take me to all the houses from whom he bought goods, and that the mistake that I had made would be cleared up; I swear that—I went with him to two houses to see about the accounts—I thought I might compound with them to some extent—they knew a few days before the 16th March that I was the principal; I went round openly, and said I was proprietor, and responsible—I did not ask him to go to the two firms with me—I said by his pointing out the way he had robbed me to Ward Brothers they would relieve me of part of my debt; I believed he would say he had been robbing me because he said he had lost the money—on 16th March I thought he had been mismanaging the business—I cannot say I thought he had been robbing me; I came to the conclusion that he had been robbing me on 16th March, and on going to Murley Brothers on that day I felt more or less convinced about it—I did not treat it as if he had not been robbing me—this is a letter of 26th April from my solicitors to the prisoner (This said that they had received instructions to proceed, and that they should do so unless £15 was paid)—I left the matter in their hands; I had not given them definite instructions to sue unless he paid £15—between the 16th March and 26th April I had at intervals asked the prisoner for pay ment of the money—I could not afford to lose the money and to pay the costs of the prosecution, and the loss of my position—he said he would pay me—he offered to give me £10, which he said a friend would give him, and his furniture, if I would not prosecute him—I said I would not allow him to move his furniture out of the shop—after that he consulted a solicitor, who told me I could not detain the furniture—he offered to give me the furniture—the business was carried on in his name; my name never appeared in it—I never told him I thought I had adopted the wrong course, that I ought to have allowed him to continue to appear as the real debtor, and he could have offered to pay 5s. in the £, and I should have got off scot free—I was too honourable for such a thing; I went round and told the wholesale people—the prisoner at the Police-court made the suggestion; that was the only occasion when I heard of it—I did not prosecute him before 8th May, because I thought with a man so deeply implicated, a great deal more might come out.
Re-examined. I am bearing the expenses of the prosecution—I questioned him time after time as to what he had done with the money, and gave him opportunity of explanation—he did not give me the slightest suggestion as to where he had lost it—I begged him in every way to find
out—I don't think there was any answer to the letter, saying if he paid £15 they would not proceed—no suggestion was made by him then that he had spent the money in buying goods from other people—I first heard that when he was before the Magistrate—I took stock from time to time—stock was deficient in the second six months, it showed a loss—I never found too much stock in the place—if goods had been bought by him from Gardiner Jones and others, over and above the amount in the book, I should have found too much—no such goods ever did come into my stock—the first time I heard that he had made payments not entered in the cash-book was from his own statement before the Magistrate—the prisoner has had nothing to do with the shop since 16th March, when the receipts were missing—three or four days before that I commenced making inquiries among the wholesale houses—some of the receipts of Messrs. Murley which appear on the file appear in his book.
CHARLES CARRINGTON . I am traveller and collector to Messrs. Murley Brothers—they supplied goods to this shop—I dealt with the prisoner there, getting orders and cash from him—I carried no receipt book; I entered the cash with the order in my order-book—this receipt for £3 15s. 3d. is not mine—the prisoner never paid me that sum—I do not think it is in the handwriting of any person in my firm; I don't think anyone received any cash from him but me—I don't recognise this writing—I believe this amount stood as a credit in our books, but Mr. Small bone has since paid it.
Cross-examined. I have my order-books here; you will find the cash payments entered over the orders.
CHARLES WILLIAM FISHER . I am cashier and bookkeeper to Messrs. Murley Brothers—in the ordinary course I should receive any cash remitted by post to the firm—no sum of £3 15s. 3d. was paid to Messrs. Murley Brothers on 13th February, 1889, by the prisoner—that amount was owing at the time, and has since been paid by Mr. Smallbone—I cannot recognise the writing of this receipt—it is not by any member of our firm, or any person I know.
CHARLES KING (Police Officer). On 10th May I arrested the prisoner on a warrant, which I read to him; it charged him with embezzling money—he said, "All right, I expected something of the sort"—at the station, when the charge was read to him, he said nothing.
Witnesses for the Defence. THOMAS GARDINER JONES. I am a tea merchant, at 30, Fenchurch Street—for five or six months I should think I have done business with the prisoner, selling him tea, which has always been delivered by Pick ford, to the address, Sand well, grocer, Mortlake—I have my order-book here, not my cash-book—on 18th February the prisoner paid me £4 6s. 5d. on account—on November 26th he paid me £6 17s. 8d., I think that was the amount of the invoice.
Cross-examined. I have no idea what became of the tea after it went away, or whether it was sold in this shop or not, but I have seen some of it in the window; I recognise it by the particular label we have—I last supplied him on 18th February, a chest of blended tea and 20lbs. of packet tea; £4 6s. 5d. was paid for previous goods, then that order was given—the consignment of 18th February is still owing for—I have
applied to Mr. Smallbone for it, not to the prisoner—after the prisoner was turned out I first heard the business was not his—the prisoner called and told me he had been turned out, and that Mr. Smallbone was the proprietor—invoices were sent in on the same day as the goods—my name was printed on them.
Re-examined. I can only find these two receipts—I am not certain, but I am under the impression that there were no other payments than these two.
HENRY WEEKS . I am manager to William Baker, Half Moon Street, tea merchant—we sold the prisoner tea on 1st February; it was returned on 26th—on 25th he had more tea, which he returned all but 1lb.—he has made payments amounting to £8 2s. 7d. to us for groceries.
Cross-examined. The payments he made were between 24th May, 1888, and 29th January, 1889—£2 12s. was the largest amount.
RICHARD JOHN TINER . I represent Moore Brothers, tea merchants—I sold the prisoner tea—I have been to this shop, and I have there seen the tea I sold him in the shop, as if being used in the ordinary course of business—he has made payments to me amounting to about £11 9s. 6d.
Cross-examined. The last payment he made was August, 1888. Re-examined. I have known him two years or more—I should say, from inquiries I have made among travellers, that his character as a respectable and honest man was one of the best—I have only known him in this shop.
There were other indictments against the prisoner.— Twelve Months' Hard Labour.
MR. GRIFFITHS Prosecuted.
HARRY SHEPPERD . I am a bookbinder, of 13, Nelson Street, Bermondsey—on Saturday night, 11th May, I was in Long Lane, Bermondsey, between half-past seven and eight, on my way home—I had 13s. 1 1/2 d., a key, and a knife in my pocket—I had had a drink; I was not drunk, nor was I particularly sober—five men came up to me, and threw me to the ground and rifled my pockets—I found afterwards all my money was gone—when I got up Cleary was in the policeman's arms—I noticed Cleary—I cannot swear to Milton being there at the time; I believe him to have been one of them—on the 25th May I next saw Milton at the station with several others; I did not know him, and did not pick him out, but I believe him to be the man—the policeman afterwards showed me a key, which was the one I had in my pocket.
ERNEST MOTT (Policeman M 336). I was on duty in Long Lane on 11th May, between 7 and 8—I saw the two prisoners and three other men rifling the pockets of the prosecutor, who was on the ground—I ran towards them, and four of the men ran away; and I seized Cleary, and said, "You have been robbing that man"—he said, "Who?"—I said, "You"—I asked the prosecutor if he had lost anything; he said, "Yes,
they have taken all my money"—I saw Cleary rifling his pockets—I was not 10 yards away; he was putting his hands into the prosecutor's trousers pockets—when the prosecutor said he had lost his money, Cleary said, "I have not"—at the station I found on him 6d. (silver) and 4d. (bronze)—Aston gave me this key and 1 1/2 d.—I had seen Milton an hour before in Cleary's company; two other men were with them—they were outside the Standard public-house, at the further end of Long Lane—I am certain Milton was the man I saw attacking the prosecutor; and, an hour before, he and the others were all round the prosecutor, holding him down—I am quite sure he is the man.
Cross-examined by Cleary. You did not tell me when I took you that you were picking up money from the ground; nor did you offer to give the money to the prosecutor.
Cross-examined by Milton. I did not apprehend you for a fortnight after this, because I could not find you; nor did I know your name, nor where you lived.
EDWIN ASTON . I am a painter, and live at 104, Long Lane—between 7 and 8, on 11th May, I was standing at my window, and saw five men robbing the prosecutor, who was standing up—I saw him on the ground once—I went downstairs, the prosecutor had then just gone with the police—Cleary was with the policeman—I could not identify either of the prisoners from my window—they had all gone except Cleary when I got downstairs—I looked on the pavement, where they had been struggling, and found a key and 1 1/2 d., which I took to the police-station.
By the COURT. I could not identify any of the men from my bedroom, and when I got down they were all gone.
WILLIAM COOPER (Police Sergeant M). On 24th May I found Milton in custody at Bermondsey—I had given information and his name to the inspector—I told him I should take him into custody for being concerned with Cleary and three others in robbing a man—he said, "I don't know Cleary"—he was placed with eight other men of similar appearance to himself—Mott picked him out without any difficulty—after he was charged at the station he said, "I can bring six people to prove where I was on the 11th"—the charge, which only stated the day of the week, not the time, had been read to him.
The Prisoners' Statements before the Magistrate. Cleary says: "I never robbed the man at all; I was going down Long Lane and heard some money rattle, and picked it up, and the policeman took me. "Milton said he was at home when the robbery was committed, and did not leave home till after half-past 8, which he had witnesses to prove; and that when he went a fortnight afterwards to report himself, being out on ticket of leave, he was arrested. The prisoners in their defence repeated in substance these statements. Milton called the following Witnesses:—
AMY DEMPSEY (By the COURT). I am single, and live at 2, Sayers' Rents, Bermondsey—Milton has lived in the same house with his mother for the last nine months—I did not know what happened on Saturday, 11th May, till last Friday, 24th, when I heard he was in custody—I did not know then what he was in custody for till I went to the Court the next morning—on the Friday he went to get some cabbages, and to report himself, and as he did not return his mother sent me to the station to see if he had reported himself—I heard the charge was about the 11th
—on Saturday, 11th May, he was indoors, and never went out till half-past 8—I do not know what he did on Saturday, 4th, or 18th; on the 4th he was indoors—I remember Saturday, the 11th, because I was writing a letter, and he called my attention to the newspaper, and it was the 11th—he does a bit of work for his mother, and when she is slack he goes as a fellowship porter in the market—he went out at 2 on the 11th, and came back at 3, and was in from 3 till half-past 8—Long Lane is about seven minutes' walk from where we live—he came in before 10 o'clock on the 11th.
Cross-examined. I have not lived with the prisoner; he is not my young man—I do not keep company with him—his mother and he and I live in four rooms; he occupies the first floor back and I the garret—from 3 till half-past 8 he was in the shop serving the customers; it is a greengrocer's shop—he never went out till half-past 8—I call him Jack—swear I did not tell the detective, outside the Court before we went in, We can prove where he was, for he came in at half-past 8 and never went out afterwards"—I said nothing like it—I did not know what was going to be said in the Court—I saw the detective outside; I was not aware he was the detective that took John Milton—I heard the prosecutor say in the Court that he was robbed between 7 and 8—I said before the Magistrate the prisoner came in between 3 and 4—what I said was written down and read to me, and this is my signature—I don't remember saying he came in at 4 and did not go out till 8. 30—I could not walk from our house to Long Lane in three minutes; it would take about five minutes to where the robbery was—I am positive I did not say outside the Court, before I went in and heard the prosecutor's evidence, that he came in at half-past 8 and did not go out afterwards.
MRS. MILTON (By the COURT). I am the prisoner's mother—I heard of the prisoner being taken on this charge when he had gone to report himself—on 11th May (I know the date because of a newspaper) he went out about half-past 8—he had been in from half-past 3 or 4—he carried out coals for me to a customer a few doors away; that did not take two minutes.
Cross-examined. He was indoors on the 11th from half-past three or four till half—past eight, except that he ran out with some coals for me; he was not out more than three or four minutes—that was about ten minutes or a quarter to four—after that he was sweeping the yard and clearing up—between seven and eight he was sweeping and cobbling my boots and his boots, in the shop in the front by himself—I was washing in the yard then—Dempsey was in her room, in the garret—I do not know Sergeant Cooper—I spoke to Cooper outside the Police-court before I went in to the Magistrate—I did not tell him, "We can prove where Jack was, for he came home at half-past eight, and never went out after wards"—I told him my son did not go out till half-past eight, and came back at ten—I did not hear the prosecutor give his evidence, I was turned out of Court—I saw Mott get into the box.
JULIA CONNOR (By the COURT). I am a widow, and live at 8, Sayers' Rents—I have lived with the prisoner's mother three years—I went with his mother and Dempsey to the Police-court as a witness that he was innocent—when I came from work, about a quarter-past four, on 11th May, he was indoors—he put heels on the boots, and swept up and sold coals and vegetables, and took out some coals; he was doing about till
about a quarter to eight, and he said, "Ain't it time to get supper?"—I went upstairs, and when I came down he was taking the coals out, and he came back with a bag and said he was going out, and would not be long—he was indoors at a quarter to eight, and then he took the coals out—he left at a quarter to eight as far as I know—he remained indoors till then.
Cross-examined. We have four rooms; the mother and I sleep together—the prisoner and two brothers sleep together—his mother was in the shop all the time; from half-past four till closing-up time—I was in the back parlour—the prisoner was serving greens and potatoes, and then he did the boots—I know it was a quarter to eight he took the coals out, because of a clock I looked at—I did not hear Mr. Shepperd's evidence at the Police-court; I only came in when I was called—I heard his mother and Dempsey speak to Sergeant Cooper outside; I don't know what they said.
Witness in Reply. SERGEANT COOPER (Re-examined). Milton's mother and Dempsey came up to me outside the court—I was in plain clothes—the mother said, "We can prove where Jack was, because he came home at half-past eight that night, and he never went out afterwards"—that was before we went before the Magistrate—I heard Shepperd and Mott give their evidence—I made a communication to the Clerk, who cross-examined them on that point.
CLEARY— GUILTY **.— Twelve Months' Hard Labour.
MILTON— NOT GUILTY .
538. JOHN HILL (38) PLEADED GUILTY to embezzling the sums of £4 5s. 6d., £6 2s., and £20 19s., the moneys of George Polton his master, and also to a conviction of felony in January, 1878—(There was another indictment against the prisoner for forgery.) Fifteen Months' Hard Labour.
Before Mr. Common Serjeant.
540. JOHN TUCKER (26) and HENRY POTTER (36) , To burglary in the dwelling-house of Robert Callingham, and stealing a quantity of cigars, Potter having been previously convicted (Both prisoners received good characters). TUCKER— Six Months' Hard Labour. POTTER— Eight Months' Hard Labour. [Pleaded guilty: See original trial image.]
541. HENRY SMITH (38) , To unlawfully making false entries in a book belonging to John Jenkins, his master; also to stealing £2 and £1, also £2 and £2 of his said master.— Fifteen Months Hard Labour. [Pleaded guilty: See original trial image.]
542. WILLIAM CLARKE (40) , To burglary in the dwelling-house of George Rubie, and stealing a clock and other articles, after* a conviction of felony at this Court in July, 1887, in the name of Francis Briggate.— Eighteen Months' Hard Labour. And [Pleaded guilty: See original trial image.]
543. WALTER EDWARD LORD (20) , To breaking and entering the dwelling-house of Louis Lee, and stealing a quantity of boots and shoes, after** a conviction of felony in March, 1887, at this Court.— Eighteen Months' Hard Labour. (The Court and the Grand Jury commended the conduct of Police Constable Arthur Bedford in this case.) [Pleaded guilty: See original trial image.]
MR. KEITH FRITH Prosecuted. ALFRED WARD (Police Sergeant L). On 6th May I received information, and about nine p. m. I went with Detective Nichols to 103, Stamford Street, Blackfriars, second floor front, and saw the two prisoners and a female, who has since been discharged—Marney said, "I live at 50, Grey Street, Waterloo Road; I have only just come to see my friend Bell"—he got up and was about to leave—I said, "No; I have not done with you yet; I nave reason to believe you have got some stolen property in the house"—he said, "No, I have not; all the property in the house belongs to me and my wife, except the furniture, and that belongs to the landlord"—I found in a tin box four coats, three vests, two pairs of trousers, and a lady's ulster—I said to Bell, "How do you account for these?"—he said, "They don't belong to me; the box is mine; I don't know how they got there"—I said, "You will all three be charged with being concerned in receiving the property found, and also other property missing, which has been stolen this morning, about four o'clock, from 135, Stamford Street"—they made no reply—they were taken to the station—Bell said, "This morning, about four o'clock, Marney came to my place, 103, Stamford Street, and rang the front door bell; he was accompanied by a short old man, and was carrying the property you found in my box, on his arm, he said, 'I had a row with my old woman; would you mind taking these things in for me?'I said, 'Yes; although I suspected there was something wrong at the time '"—I repeated this at the station in Bell's hearing, and Marney said, "That is not true"—Marney was then charged with burglariously breaking and entering, and stealing the property mentioned, and Bell with receiving the same—when the charge was read, and the Inspector read "Concerned with another not in custody, "Marney said, "There was no other in it; I done it myself"—Inspector Jackson cautioned them, and then took down their statements, and they both signed them.
HAROLD CARDIGAN PEAKALL . I am a tailor, of 25, Mitre Street, New Cut, and have a workshop at 135, Stamford Street, a private house, and occupy the parlour as a workshop—on May 4 I locked the door leading to the passage at nine o'clock, and took the key with me—everybody had a key to the outer door—on 6th May, at 9. 30 a. m., I found the door had been broken open, and missed five coats, four vests, four pairs of trousers, a leather, three pairs of shears, and a clothes brush, worth altogether £6, which were safe when I left on Saturday night—since then I have seen four coats, three vests, a leather, and a pair of trousers, and identified them; they have been handed to my customers—Mr. Myers is my land lord—I do not think I shut the outer door, the lodgers keep coming in and out.
ALFRED NICHOLS (Detective Officer L). On 6th May, about two p. m., I received information and went to 135, Stamford Street, and found marks of a blunt instrument on the front parlour door; the striking plate and the lock were knocked off and lying inside—I then went to 103, Stamford Street, and saw the prisoners and the woman, who has been discharged—I corroborate Ward's evidence—Marney said at the station, "I did it myself"—he afterwards made a statement, which Inspector Jackson took
down—I went to Bell's room next day and found a blue-and-white quilt with short fringe, which has not been identified, also four coats, two vests, three pairs of trousers, and a lady's ulster in a tin box, which Mr. Peakall identified; they were given up to the witness by the Magistrate's order.
JOHN JACKSON (Police Inspector L). On 6th May, at 10 o'clock, the prisoners and a woman were charged at Kennington Road Police-station—Bell made this statement, which he signed in my presence; I told him he was not obliged to make a statement: "At 4 o'clock this morning the prisoner, J. Marney, rang my street-door bell, and asked me if I would take in his things; I mean the things found by Superintendent Ward in my box; he said he had had a row at home, and said, 'Can I leave these things?'I saw another man with him, but he did not come in"—after I read that, Marney said, "Then I will make a statement"—I cautioned him, and took it down, and he signed it; he said, "I took the things produced by Superintendent Ward, and the other things stolen, to Henry Bell's and told him I had stolen them. I told him I had got some things out of the passage of 135, Stamford Street, and he handed me a quilt to wrap them in."—I asked him to describe the quilt—he said it was a red-and-white one, red stripes and fringe—I sent Nichols to Bell's room, and he found a blue-and-white quilt. Marney produced a written defence, stating that he knew nothing about the robbery. Bell stated that Marney and another man brought the things to his house.
MARNEY— GUILTY** of Housebreaking. He was then charged with a previous conviction of possessing counterfeit coin in February, 1886, but the officer could not identify him.
NOT GUILTY of the previous conviction.— Eighteen Months' Hard Labour.
BELL— NOT GUILTY . The COMMON SERJEANT commended the conduct of the police.
MR. HARMSWORTH Prosecuted, and MR. GILL Defended.
NOT GUILTY .
ADJOURNED TO MONDAY, JUNE 24TH, 1889.