CENTRAL CRIMINAL COURT
FIRST SESSION, HELD NOVEMBER 18TH, 1889.
MINUTES OF EVIDENCE.
TAKEN IN SHORT-HAND, BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
EDWARD T. E. BESLEY, ESQ.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
SESSIONS I. TO VI.
STEVENS AND SONS, LIMITED, 119, CHANCERY LANE,
Law Booksellers and Publishers.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, November 18th, 1889, and following days.
BEFORE the RIGHT HON. SIR HENRY AARON ISAACS, LORD MAYOR of the City of London; the Hon. Sir HENRY HAWKINS , Knt., one of the Justices of Her Majesty's High Court of Justice; Sir ANDREW LUSK , Bart., Sir POLYDORE DE KEYSER , Knt., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., Recorder of the City; PHINEAS COWAN , Esq., GEORGE ROBERT TYLER , Esq., JOSEPH RENALS, Esq., HORATIO DAVIES , Esq., and JOHN VOCE MOORE, 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
ISAACS, MAYOR. FIRST 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, November 18th, 1889.
Before Mr. Recorder.
MR. POLAND, Q. C., with MR. CHARLES MATHEWS, Prosecuted; MR. WILLIS, Q. C., and MR. BODKIN Defended.
DOUGLAS GORDON MACRAE . I am managing director and editor of the Financial Times, owned by the Financial Times Company, Limited, the City office of which is at White House, Telegraph Street—it is a news paper which makes comments upon public companies—some comments appeared in it upon some companies in which the prisoner is connected, that was prior to or in the month of August—as the result of those comments, Mr. Green brought an action for libel against the Financial Times—after that a pamphlet appeared, entitled "Blackmailing"—upon seeing that, an application was made to commit the prisoner for contempt of Court—an affidavit was filed by the prisoner, not on that occasion, but in an action to restrain us from the publication; that was granted—that was to restrain us from further comments on the company the prisoner was connected with, pending the action—it was in that matter that the prisoner made the affidavit, and then we made the application to commit for con tempt in connection with the blackmailing pamphlet—there was an order of Court that the prisoner be cross examined on the affidavit he had filed—an appointment was made for that cross examination on Saturday, 21st of September—he was to be cross examined before a Special Examiner (Mr. Bray) at 4, Crown Office Row—the prisoner and Mr. Mayhew were in attendance for the purpose of the cross examination on the 21st of September: I went there shortly after twelve, and saw the prisoner there; he was represented by counsel and solicitor—the Financial Times was also represented by counsel and solicitor, and the cross-examination proceeded
—in the course of it the prisoner asked the Examiner to excuse him for a minute or two, as he suffered from diabetes, and might he leave the room: something to that effect—the Examiner said, "You will find a convenience opposite"—upon that he left; he was absent about ten minutes, and then returned—he apologised for being away so long, and said he had been to get a little brandy—the cross-examination was then proceeded with, and lasted till about half-past one—it was then adjourned for three weeks—I noticed that the prisoner was rather flippant during the examination, and he did not answer the questions properly—the Examiner cautioned him, and told him if he did not pay more attention he had power to report him to the Court—his demeanor was curious—about half-past one I left Mr. Bray's chambers, about the same time with Mr. Grainger, a friend of mine—I left after the prisoner; he was just outside the door when I went out—as I was passing him he said, "Come, Mr. Macrae, can't we come to some settlement in this matter?" or words to that effect—I said that no settlement could be come to; that we were going the right way to get a settlement—we were quietly walking downstairs all the time, the prisoner and I side by side, and Mr. Grainger behind—Mr. Green was speaking about what had caused the trouble; he said it was all owing to a Mr. Graham, and that it was not his fault—I said, "It was not Mr. Graham who had got me into trouble; you did it yourself"—Mr. Graham was a former editor of the Financial Times—talking in this way we had got down two flights of steps (pointing out the position on a model)—on arriving at the landing Mr. Green said, "After you, Mr. Macrae"—I stepped in front, and had got down about two steps when I felt a very violent push in the back, and I went head first down the whole flight of stairs, about ten, and my head went against the wall—my hat was still on my head; I fell down against the wall; my hands fell forward—I must have sprawled over to the right—I was lying on my right arm when I heard Mr. Green come standing over me with his stick—my hat must have been off then—directly I came to I tried to get up, and I did get up eventually—Mr. Green said, "Now I will murder you, you b—"—he must have followed me down the stairs, because directly I was on the ground he was beating me; it was all in the space of a second or two—he struck me several times over the head with a stick he had in his hand; he hurt me; I bled a great deal from the head—I was getting up at the time—Mr. Grainger and Mr. O'Driscoll came and caught hold of Mr. Green—I was up and trying to catch hold of him too; he caught me by the throat—I tried to get his hand from my throat; it was his left hand—we struggled, and got him into the corner—Meiklejohn came up before anything else was said—that was the first I saw of Meiklejohn; I did not know who he was—while we were holding the prisoner he said, "You have stopped me this time, but I will do for you yet"—he struggled violently till Meiklejohn got hold of him; then Meiklejohn persuaded him to be quiet—after a few minutes a policeman in uniform came up, and I gave the prisoner into custody for the assault—he said he would go quietly, and he was taken away in custody—I followed him—I told the sergeant at the station the same as I have stated now—the sergeant asked him what he had to say—he said, "That is right, and this is only the prologue"—in entering the charge the sergeant asked me my private address—I said, "At Norbiton"—the prisoner said, "That is just what I want";
and he took out a pencil, and wrote it on his shirt-cuff—when I went to the chambers on this morning I carried an umbrella; I don't remember whether it was raining on that day; I always carry an umbrella—I am quite sure I had no stick in my hand—Mr. A. W. Green, a surgeon, at 7, Bouverie Street, came, and I went with him to his house, and he examined my injuries—I remained under his care for some days—I was out of the house on the Wednesday following—the doctor told me not to go, but I went on the Friday—I had two wounds and three bruises, and my right wrist was strained somewhat; my thumb was a little swollen, probably by falling on my hands—I did not attend before the Magistrate at the prisoner's first examination on 23rd September—I was ordered not to by the doctor—I attended on the remand, and gave evidence—I have got over the injuries; they have all healed up, and the scars have gone—I was in pain for some time—for the first day or two there was a little retching, but nothing very serious.
Cross-examined. I walked the best part of the way to the Police-station after being assaulted—I did not want to walk any further—I went to my office the same day—the surgeon came to see me at my house at Norbiton—I was up on the Sunday—I did not go to business on Monday; it would have been awkward; my head was a queer shape—I became the editor of the Financial Times I think either in March or April this year—I could not tell you exactly at what time—I was not the editor when the article calling the prisoner "an honest promoter" appeared—the paper is the property of a company—I think the company was formed in February or March last year—I have not been connected with it ever since its formation—I became connected with it about August last year as a shareholder—I knew then of the management of the paper, and who was the editor—I read the articles in the paper—I could not tell you how many shares I had—at present I am practically the owner of the paper—I did not hold a single share in March, 1888—Mr. Graham was the editor before me—I remember an article on 22nd August last, headed "Alfred M. Green's Promotions and the New Durham Salt Company"—I can't say that that company was commended to the public as an investment; I don't say it was not—I did not in the summer of this year go to Mr. Green and say, "Come, you must deal with me as Graham said he was dealt with; I must have something in respect of what you are doing"; I never saw Mr. Green at all—I have taken a good deal of trouble to find out what I could of the previous character of Mr. Green, what his companies were; I found out a good deal as to what they were, and what his character was in respect to their promotions; I mean as far as his character might be affected in regard to the companies—I cannot tell you when Mr. Moser, the detective, was first employed—I employed him to find out certain facts in reference to Mr. Green—I could not tell you without the book how much he was paid; I don't think it was so much as £250. I have never paid him any of it myself; the company paid him—I have no knowledge how much was paid him—the books are in Court—I never took the trouble to inquire about it—I did not give instructions that the prisoner should be followed till much later—I did give such instructions; that was after I had been informed that he was intending to shoot everybody on the Financial Times—I have not stated that before; I have never had the opportunity—I can't give the date when I was told that—Major Fen
wick was the person who told me—I think it was about July that I gave instructions, not to have him followed, hut I gave general instructions that Moser was to take all necessary steps to protect me and the members of the staff—Mr. Grainger was employed as a leader writer; he was informed of the prisoner's expected violence—I know that persons were sent to Ramsgate to follow him there—I was never at Ramsgate; I know he was watched wherever he was; a watch was kept on him to see that no violence was done to the members of the staff or myself, a very necessary step—I did not instruct Moser; I can't say that I did; I have seen him on many occasions, and given him instructions not to molest the prisoner in any way, but to take steps for our protection—I got such materials as were necessary to show what sort of a man it was who was promoting bubble companies, not only the Durham Salt Company, but other companies—I wrote an article commencing, "He first comes under our notice as a keeper of a billiard saloon, "etc. (Mr. Willis read this, and several other papers reflecting upon different companies)—an action was brought against the Financial Times in respect of those articles, and an interim injunction was obtained to restrain us from publishing any more such articles—on leaving Mr. Bray's chambers, I did not say to Mr. Green, "Cannot we settle this? "Isay no, distinctly—Mr. Green did not reply, "No, we cannot"—I did not then take him by the arm and say, "If you won't, I will make London too hot to hold you, "nothing of the kind—I had no such sentiment in my mind at the time of this assault; I had no feeling at all to Mr. Green; I meant to make it too hot to continue his malpractices; but I had no feeling at this time, my mind was on the examination; I was walking out in a perfectly friendly manner—he did not then push me away—I never had a stick in my hand, therefore I could not strike him with one—I have heard that a stick was picked up at the entrance of Fig tree Court; I did not see it—I believe a constable said at the Police-court that he thought I had claimed it; he described it as a thick knotted wangee stick—I don't know whether it was a very fine morning, but I always carry an umbrella; I don't carry a stick in London, I do in the country—Mr. Green and I did not come struggling down the stairs, I striking at him with a stick, that I swear; my umbrella went out of my hand directly Mr. Green pushed me—I never fought at all; I used no violence except in holding him when I got up, and then I did not use any violence, I held him with all my power, that was all—I did not know that Moser was attending this examination that morning, but I believe he was, I am not sure; I believe he was, and two men; I ascertained that afterwards—Mr. Mayhew was in the Examiner's room, Mr. Grainger, Mr. Lumley and his clerk, and Mr. Terrell, and Mr. O Driscoll came there to take a shorthand note; he is in the service of the company—there were four members of the staff at the examination—I don't know that I was trying to get information as to the personal life of Mr. Green from other persons besides through Moser—I gave 10 guineas to a man named Collins—I am not sure of the amount—I paid something for information—I did not promise him £40 more if he put it in an affidavit—I think he was to have £20 altogether, not £40 for the affidavit, that was in the matter of the defendant's action after he had served his writ—it was information to defend the action—I had no opportunity to defend myself on this occasion; I was attacked from behind, without having any power to do anything.
Re-examined. The companies we commented upon were public companies, and on Mr. Green especially as the promoter; that is the business of our paper; it is a financial paper, giving information about companies, what to invest in, and what to avoid—in the action of 24th August I was prepared to justify every word we wrote—I have not been informed of any statement of claim being delivered—I believe there has not—I am quite sure that I did not claim any stick; I claimed my umbrella and hat, which I got—I am informed that a stick was thrown down—I did not strike Mr. Green one single blow; it all took place in a very short time—I did not see Moser there—I did not know the two men.
FRANCIS EDWARD GRAINGER . I am on the editorial staff of the Financial Times—on Saturday, 21st September, I went to Mr. Bray's room, when Green's examination took place—Green left the room for about ten minutes and then came back—when the examination was over at 1.30 I left just behind Mr. Macrae—he and the prisoner went downstairs together—I heard the prisoner say, "Come, Mr. Macrae, cannot we settle this matter?"—Mr. Macrae said, "No, no settlement can be come to;"words to that effect—they were walking side by side, I was following—on the landing the prisoner said, "After you, Mr. Macrae"—Mr. Macrae then preceded him, and I think he had got down two steps when the prisoner took him by the back and hurled him downstairs—Macrae fell with his head against the wall—the prisoner then ran down after him, and beat him over the head with a stick, saying at the same time, "Now I will murder you, "using a filthy expression—Mr. Macrae's hat fell off after coming into contact with the wall—the prisoner gave five or six blows with the stick on Mr. Macrae's head, I should think—I was on the landing myself at that time behind them—I ran down—Mr. Macrae was struggling to his feet—his face was covered with blood—Mr. O'Driscoll ran down behind me; we pushed the prisoner in the corner, and Mr. Macrae got in a half-stooping attitude, and caught the prisoner round the waist and held him in the corner—the prisoner said, "You have stopped me this time, but I will do for you yet"—this took place in a very few seconds—Mr. Albury and other persons came down, and the prisoner was detained till a constable came—I did not know Meiklejohn; he had nothing to do with me—the prisoner was given into custody, and taken to Bridewell Station—he said when the constable came that he would go quietly—at the station I heard Mr. Macrae make the charge and describe what had occurred—the prisoner said, "It is quite right, this is only the prologue"—the sergeant asked Mr. Macrae's private address, and when he gave it the prisoner said, "Ah, that is what I want to get at, "and he wrote it down on his cuff—I am positively certain Mr. Macrae never struck a blow—at the station there was no mark of injury on the prisoner that I could see—Mr. Macrae had an umbrella, I am sure—I don't re member what sort of day it was—a surgeon was sent for, and Mr. Macrae was attended to, and the prisoner was detained at the station.
Cross-examined. I remember that Mr. Macrae had an umbrella—I have not been asked the question before—I was near enough to hear the conversation as to the proposed settlement; I was close to them—I had not time to get down to them before the blows were struck, after the man was pushed; it was done in a second, and before it they appeared to be on friendly terms—I and O'Driscoll did not try to stop the prisoner and Mr. Macrae fighting; I saw no fighting at all—I tried to prevent the
prisoner going on striking him—I know that the prisoner was being watched, and had been watched for some time—I never heard that was for the purpose of protecting Mr. Macrae; I heard two reasons for it—I meant in my answers at the Mansion House that they did not follow Mr. Macrae at Ramsgate to protect him—I have been on the staff of the Financial Times since June this year; but I wrote for it before that—I know Mr. Marex as the advertising contractor to this company; he is charged with conspiring to extort money—Mr. Macrae was his bail—I had no appointment for the cross-examination at Mr. Bray's chambers; I believe Mr. Mayhew had—I do not know the amount paid to Mr. Moser; it would appear in the books, I should think—Mayhew was not examined on that day.
Re-examined. Mr. Marex has not acted for the Financial Times since the charge against him was made.
BARRY O'DRISCOLL . I am a reporter, and shorthand writer to the Financial Times—I attended the cross-examination of the prisoner at Mr. Bray's chambers, on 21st September, to take notes—I remember the prisoner asking for leave to go out, and his coming back saying he had had some brandy—he went near a window, and I saw him shift something from his trouser's hip pocket into his coat side pocket—I was not quite sure what it was; I suspected it might be a flask—I saw him go a second time to the window, and when he turned round to come to his seat I saw him shift the revolver back from his coat to his hip pocket—I saw it was a revolver then, I saw the end of the stock—when the examination was over I did not go out immediately after Mr. Macrae—I delayed a minute, and talked to the Examiner; then I went out—Mr. Macrae, Grainger, and the prisoner had preceded me—I went down two or four steps on the second flight—I saw Mr. Macrae walk down a step or two before the prisoner, and I saw the prisoner rush at him with his two hands, and pitch him down the stairs—I lost sight of Mr. Macrae for a moment—I ran down, and he was struggling to his feet just as I got down—he had the prisoner by the coat—I took the prisoner's right arm, as I was afraid he would pull out the revolver—we held him there a short time, and Meiklejohn came in between us, and I ran out to look for a policeman—at this time blood was pouring down Mr. Macrae's face, I wiped some off; I thought his eye was knocked out—the prisoner had in his hand a stick clutched shortly; I think he dropped it—I saw it in his hand at one period of the occurrence; I could not say when—as far as I could see there were only four of us there up to the time of Meiklejohn coming—I had a cane in my hand, which I threw down just about the landing, when I ran down to catch the prisoner with both hands—I afterwards claimed it, and got it from a policeman who had it in his hand—directly a policeman came the charge was made, and we went to the Police-station—I heard all that occurred—I mentioned to the policeman at the Police-station that the prisoner had a revolver; after that a revolver was found in his hip pocket; he gave it up to the police.
Cross-examined. I had not time to mention to anyone that the prisoner had a revolver in his pocket; I was taking notes of the examination, and did not want to stop it; I was watching to see if he used it—the examination went on twenty or twenty-five minutes, I should say, after I had seen it—my cane was a thin one; it was not a thick-knotted wangee—I
did not come down the steps with them; I delayed behind a very short time talking to Mr. Bray—I swear no one else was present to see what took place while I held the prisoner till Meiklejohn came—I was standing between Figtree Court and the stairs; there was no chance of seeing from upstairs—we were in the corner.
ROBERT MONTAGU ALBURY . I am managing clerk to Messrs. Lumley and Lumley, of 15, Old Jewry Chambers, solicitors to the Financial Times and Mr. Macrae—on Saturday, 21st September, I was attending in the ordinary course of my duty at the examination—the prisoner had to be examined, and Mr. Mayhew had to attend—before the examination began I was talking to Mr. Mayhew in Mr. Bray's clerk's room—the prisoner came in with his solicitor, Mr. Gorton; I know them now, I did not at this time—the prisoner said to Mr. Mayhew, "Is not Mr. Macrae coming?"—Mr. Mayhew said he believed he was coming presently—afterwards in the examination-room the prisoner asked again if Mr. Macrae was coming—Mr. Macrae was a little late; he did not come till after the examination had begun—I was in the room when the examination took place—the prisoner went out and came back in about ten minutes, and said, "Excuse me, Mr. Examiner, I have been to get some brandy"—about ten minutes before the examination was over, I should think, Mr. Mayhew left and went away—I was packing up my papers when I heard a cry of "Murder!"—I said to Mr. Terrell, "What is that?"—I threw my bag down on the floor and rushed downstairs at once without my hat—Mr. Terrell went just before me—when I got down on the landing by Figtree Court Mr. Macrae was leaning against the wall just by Figtree Court holding the prisoner; Mr. Grainger and Meiklejohn were there, and O'Driscoll was between the two—Mr. Macrae's forehead was bleeding; I could not see one eye—he asked Mr. Terrell to wipe his eye, and I took out my handker chief and wiped the blood away—at that time the prisoner, Mr. Macrae, Mr. Grainger, Mr. O'Driscoll, Mr. Meiklejohn, Mr. Terrell, and myself were there—there was a good deal of blood on Mr. Macrae; I could not see his left eye, and thought it was out—afterwards he was attended to—a policeman came, and the prisoner was taken to the station—I did not notice what Mr. Macrae was carrying before the assault, but after the assault he was carrying an umbrella—it had been fine the earlier part of the day, but at this time it was pouring with rain, and Mr. Macrae held his umbrella over me—I am sure of that—three of us went back to the City in a cab afterwards—when I came downstairs Mr. Macrae had no hat on—I heard what took place at the station about the prologue, the private address, and so on—O'Driscoll told me he had seen a revolver—I spoke to the sergeant, who said, "Have you any firearms about you?" and the prisoner took it out of his pocket—the date of the writ of the action brought against the Financial Times by the prisoner is 24th August—up to the present time no statement of claim has been delivered—I know Mr. Moser has been employed to watch the prisoner—I am quite sure that when I went downstairs none of Mr. Moser's men was in sight at all—I had not seen them before.
Cross-examined. The prisoner's and Mr. Mayhew's examinations have been going on—I heard the word "Murder, "I don't know where it came from, and I said to Mr. Terrell, "Halloa, what is that?"—very likely I said at the Mansion House, "I heard the word 'murder' in a loud
tone, and immediately rushed out"—I could not distinguish whose voice it was—I had to come down three flights of stairs—Mr. Terrell was standing in the passage just outside the room beside me when I was putting my papers in the bag on the ground.
THOMAS TERRELL . I am a member of the Bar—I conducted the cross examination of the prisoner on 21st September—I thought he was drunk—when the case was to be adjourned there was some discussion as to what day it should be adjourned to; I think the prisoner took part in that—he said something to the effect that a long adjournment would suit Mr. Macrae very well—I do not recollect it very well—then the prisoner went out, and Mr. Macrae went out after him, I believe; I did not see him—I was picking up my papers, not thinking about them, when I heard first an altercation and then some shouting, and then I went out, and about halfway downstairs, and to the best of my recollection I saw Macrae on the ground; there was blood about the place—I did not see anything else—I was agitated very much about it, and I went back again upstairs, and then I came down a second time to the entrance to Figtree Court—the prisoner was then pinned against the wall by three or four people; I did not notice who—Mr. Macrae was holding him with his hand up this way—his face was covered with blood—the prisoner made some observation, I could not say what it was, and Mr. Macrae said, "For God's sake, hold him, or he will do for me or murder me!"—I put my hand up and took it down again; there did not appear any danger at that time—the blood upset me more than anything else—Macrae asked me to wipe his eye—someone else did so—some little time after a policeman came—I waited there till then—I went out to try and find one, but I could not—the policeman was there before I got back from Middle Temple Lane—Mr. Macrae was taken away.
FREDERICK KITSON (City Policeman 461). On 21st September I was called to 4, Crown Office Row—I went up a flight of steps and came to the entrance to Figtree Court, and I then saw in the corner, at the foot of the stairs by the entrance, Mr. Macrae, the prisoner, Mr. Grainger, Mr. O'Driscoll, and Meiklejohn—Mr. Macrae and the prisoner were at close quarters, and the others were holding the prisoner, but further from him than Mr. Macrae—they were all close together in the corner—I think the first words were said by Mr. Macrae, "Take him away, he is a madman"—I then took hold of the prisoner—he said he would go quietly, and I took him to Bridewell Police-station—there was blood on the faces both of the prisoner and Mr. Macrae—at the station the charge was made; I heard what was said—the prisoner handed over a revolver to me—there was a slight wound on Mr. Macrae's forehead—I only saw blood on the prisoner's face—at the station this stick was produced—it was found on the staircase; I can hardly tell who picked it up—I saw another stick under my feet between the prisoner and Mr. Macrae, on the first step from the entrance to Figtree Court—I stood on it—I asked whose stick it was—I believe Mr. Macrae claimed it; I am not certain of that—it was not this one—this second stick was handed to me by Meiklejohn, immediately I got up there—I kept it, and took it to the station, when the prisoner claimed it—it has been kept by the police since.
Cross-examined. The stick I found when I first went in was a thick
knotted wangee cane—I am sure I found that on the steps between the two parties when I came up—I believe Mr. Macrae claimed it—the prisoner was sober—it was a fine day; there was no rain.
Cross-examined. It was fine; I had been walking about, and my tunic was quite dry—it had been raining some hours before.
GEORGE SWOTTEN (Police Sergeant City). I was in charge of the Police-station when the prisoner and prosecutor were brought in about 1. 40—Mr. Macrae said the prisoner had pushed him down the stairs of No. 4, Crown Office Row, hit him over the head with a stick, and also threatened to murder him—the prisoner said, "That is right, it is only the prologue"—I asked Mr. Macrae for his private address, which he gave me—the prisoner said, "That is what I want, "and wrote it on his shirt cuff—Mr. Albury said he thought the prisoner had a revolver—I asked the prisoner if he had any firearms; he said "Yes," and drew this revolver from his pocket—it has five chambers, which were all fully loaded—Mr. Macrae had blood on him—a surgeon had been sent for before by one of his friends—I did not see any wound on the prisoner—he was detained in custody.
Cross-examined. The prisoner was somewhat excited at the station.
JOHN MILLER . I am employed by Mr. Baker, gun and cartridge maker, of 88, Fleet Street—on 5th September the prisoner came and bought a revolver, I believe; I was not there at the time—on 19th I was there when he came—he produced a five-chambered revolver, and asked for one hundred ball cartridges—I put five into the chambers, and sent the others to an address he gave me—then he left.
Cross-examined. I am not certain of the date, it was 19th or 20th—I have no entry to show, I only rely on my memory when I say the 19th—a gentleman was with him—he had purchased the revolver on the 5th, and one hundred cartridges with it—he did not say he had been buying other cartridges, and wanted me to see if these fitted—I don't remember the conversation—we frequently fit cartridges to revolvers before customers take them away—I believe he also bought a rifle from us on 5th September—he gave his card for us to send the cartridges to his address at Redhill.
ALFRED WITHERS GREEN , M. R. C. S. I practise at 7, Bouverie Street, Fleet Street—on 21st September, at about half-past four, I was sent for to Bridewell Police-station—I saw Mr. Macrae there—his face, neck, and clothes were smothered in blood—I found three wounds and two bumps on his head—I suggested his coming to my house; he got into a cab and came—the wounds were bruises of the size of a walnut or hazel nut, the skin was not broken—his right hand was swollen, there was a graze on the thumb, the wrist was swollen, and there was a scratch on the back of the hand and a strain of the wrist—the three wounds and two bumps on the head were so individual I judged they were caused by separate blows—I afterwards saw him on Monday, Tuesday, Thursday, and Friday at his residence—he gradually improved—on the Friday he came to town by my permission—he got gradually better and well—I saw the prisoner at Bridewell Police-station; no request was made to me as to any injury to him—I saw no sign of injury on him.
Cross-examined. I did not examine him at all at the station—Mr. Macrae could have gone to business on the Monday, but as I was his medical adviser he took my advice and did not go—I made four jour
neys to Norbiton for these wounds—I did not go on Sunday, but on Monday.
Re-examined. He could have gone on the Monday, but I thought it was not prudent, and advised him not to go—he was retching on Sunday—that is a sign of concussion of the brain.
Witnesses for the Defence.
ARTHUR RUSSELL . I live at 15, Rochester Square, Kentish Town—on 5th September last I was with the defendant at Ramsgate—I there saw two men, who appeared to be watching him—next morning, the 6th, we started on board Mr. Green's yacht and went to Dover first—there were on board Mr. Green, myself, some friends, and Mr. Liddell, the master of the yacht—the amusement on board was chiefly shooting with a repeating-rifle and a revolver similar to the one produced; I believe it is the same—the shooting was at any passing object, birds, empty bottles, or anything—we cruised about, and eventually got to Antwerp about 10th September—by that time we had exhausted all our cartridges, and we bought some fresh ones; some of these were afterwards used in the same way—they did not fit the bore of the revolver—they were foreign, the others were English—we returned, and left the yacht about the 19th September—Mr. Green had some of the cartridges left—he spoke about getting others; they fitted properly.
Cross-examined. We shot at birds—there were not many—we shot with bullets—we used a great many cartridges—we had not very many left—I did not go with Mr. Green to buy any in Fleet Street.
Re-examined. We bought two boxes at Antwerp, containing about 100—we did not shoot many of those; they did not fit.
LIDDELL. I am master of Mr. Green's yacht Le Violet—I acted as master from the 5th September up to about the 19th—we went to Dover and Antwerp—Mr. Green and his friends amused themselves by shooting—I remember some cartridges being purchased at Antwerp; they did not fit; the revolver would not revolve with them—this (produced) is one of the boxes bought at Antwerp, and I believe these are the unused cartridges that were left.
Cross-examined. I think the yacht belonged to Mr. Jocelyn—Mr. Green was the proprietor of it on this occasion—he left the yacht on the Thursday before this happened on the Saturday—I was ordered still to keep her under way till he wanted her again—he has not been away in her since.
JAMES PHILIP COCK . I am a solicitor, of King Street, Liverpool—on the 19th or 20th September I went with the defendant to a gunsmith's shop in Fleet Street—he there produced this revolver from his pocket at the back of his trousers, handed it to the assistant, and said, "I want some cartridges for this revolver; you had better put some in and see if they fit, for I have got some that would not"—the boy fitted the revolver, and the defendant said, "I will take them as they are; send the remainder to my house, "and he gave his card with the address on it—I believe there were 100 or 200 cartridges—on the night before the Saturday I was staying with him at Redhill—on his way to town he said he was going yachting the following day—he put the revolver in his pocket—I said it was not a very nice thing to travel with—he said, "Never mind, it will shoot straight down, and will only hit me. "
Cross-examined. He said to the lad, "Load it in the five chambers, and see that it will revolve"; and he put the revolver back in his pocket.
STUART JAMES BUTT . I am clerk to Mr. Walter, a barrister, of 3, Crown Office Row—on the afternoon of 21st September, about half-past one, I was in Crown Office Row, talking to Henry Blunden, Mr. Horace Avory's clerk—some persons came up and spoke to us; after that I heard a scuffle as if two persons were struggling at the top of the stairs at No. 4—we turned into the passage, and when I got to the bottom of the flight of steps I saw two gentlemen striking one another with sticks; they were on the landing leading out to Figtree Court—I was afterwards called at the Police-court, and recognised the two gentlemen; they were Mr. Green and Mr. Macrae—Mr. Green was standing nearly outside the door, Mr. Macrae was in the other side, in the doorway leading to Figtree Court; he was also standing; they were about a yard apart—they were striking one another—just after that Mr. Grainger and Mr. O'Driscoll rushed down the stairs; they rushed at Mr. Green and caught hold of him, as if to stop him—I saw Meiklejohn there; he rushed up the steps from Crown Office Row, and rushed between them, and forced Mr. Green into the corner and held him—somebody said, "Fetch the police"; that was Meiklejohn, I believe—the man who was with Meiklejohn went—after a time a policeman came—I did not hear any such expression as "I will murder you"—I was within a few yards of them at the bottom of the steps, in a position to hear anything that might be said by either of them—I saw Mr. Green go off to the station, and they all went afterwards—after they had gone I went up to the top of the stairs; I saw some blood on the second step leading up from the court—there were also marks on the wall as though made by a stick; you could cut them with a knife; they appeared to be fresh marks—they were about my height, about five feet.
Cross-examined. I heard no cry of murder or anything said—I did not see any blood on the wall—when I went up they were not all in a bunch, they were striking at one another—I did not see any blow reach Mr. Green—when Mr. Grainger and Mr. O'Driscoll came down they seemed to join in the fight—they were all in a bunch then, they were trying to stop Mr. Green from injuring Mr. Macrae—there was a noise and confusion—I saw blood dropping from Mr. Macrae's forehead—I had not seen him actually on the ground—how the blood occurred I could not say—Blunden was halfway up the steps, nearer than me.
Re-examined. I only saw two persons when I first went in, I am sure of that; Mr. Green and Mr. Macrae; they were striking at each other—after that some persons came down.
HENRY BLUNDEN . I am one of Mr. Horace Avory's clerks at 4, Crown Office Row—on 21st September I was there with Butt about half past one, talking together—a noise as of persons scuffling down the stairs attracted my attention to the staircase—I ran to the door of our chambers; I went three or four steps up, and looked up the staircase—I saw the prisoner and Mr. Macrae struggling together three or four steps up from Figtree Court—they had hold of each other, trying to hit each other with their fists—they were on the landing—then they separated, and began knocking each other with their sticks—they got down to the level of Figtree Court, and were striking each other with their fists—two gentlemen came down the stairs to join them—they were three or four
steps "above the landing when I first saw them struggling; then they came down, and I saw them use the sticks—afterwards Mr. O'Driscoll and Mr. Grainger rushed down the steps and caught hold of the prisoner—Mr. Macrae came up and caught hold of the prisoner—a policeman was sent for, the prisoner was given into custody, and they all went away—I heard no such expression used by the prisoner as "I will murder you, "or anything of that sort—afterwards I and Butt examined the staircase; we saw marks there—I heard Butt give evidence as to the marks—I agree with what he said.
Cross-examined. I was in Crown Office Row—I heard an expression, "I am a gentleman; I fight fair"—I did not say that before the Magistrate—I was not asked—I cannot say who used that—I heard no cry of murder—I rushed up the passage; I walked quickly—Mr. Macrae's hat was off when I got there—I don't know how that got off—at that time he was standing up, and Mr. Grainger and Mr. O'Driscoll got hold of the prisoner and tried to get him into a corner to prevent him striking Mr. Macrae—that took place when I got up; I saw it—Meiklejohn assisted in that—Mr. Macrae also tried to assist himself—I saw plenty of blood on him—I don't know how that occurred—I saw blood on the prisoner; it came from Mr. Macrae.
Re-examined. When I first saw the prisoner and Mr. Macrae they were three or four steps up from the landing, having hold of each other, and coming down the stairs—when they got down to the landing they separated, and began striking at each other with their sticks—I have been about eighteen months in Mr. Avory's employment—I cannot swear Mr. Macrae had a stick in his hand; I saw him with something like one, striking the prisoner—I am quite sure two or three times blows came on the prisoner's shoulders—I have not used the words "I fight fair" before—I gave them to someone who took my proof.
NOT GUILTY .
There was another indictment against the prisoner for an assault, occasioning actual bodily harm, upon which MR. POLAND offered no evidence.
2. CHARLES ROBERT BURTON (63) PLEADED GUILTY to stealing a horse, trap, and harness, the goods of Henry Mortimer, after a conviction of felony in 1887 at Hertford; and also to forging and uttering an order for the payment of £3.— Fifteen Months' Hard Labour.
5. MOSS MICHAELS (36) , to stealing ten silk mufflers and two pieces of silk, the goods of >John Myer Curwell and others; and also to a conviction of felony in December, 1881, at this Court.— [Pleaded Guilty: See original trial image.] Twelve Months' Hard Labour.
NEW COURT.—Monday, November 18th, 1889.
Before Mr. Common Serjeant.
7. HENRY RICHARDS (21) to forging and uttering an endorsement to a banker's cheque for £l 5s ; also to stealing, while employed in the Post Office, a letter containing a cheque for 25s., the property of H. M. Postmaster-General.— [Pleaded Guilty: See original trial image.] Nine Months' Hard Labour.
8. FREDERICK FINCH (21) , to stealing from a mail letter bag a post letter containing an order for 20s., of H. M. Postmaster-General; also to stealing four registered letters from the said letter bag; also to stealing out of the said bag a letter containing two diamonds, value £6; also to stealing a letter bag containing five registered letters and a postal packet.— [Pleaded Guilty: See original trial image.] Seven Years' Penal Servitude.
10. MARGARET FRASER (20) , to stealing two bags and other articles, the property of Thomas Fielding Johnson ; also to forging and uttering an order for £10, with intent to defraud; also to stealing a bag, a silk dress, a petticoat, and other articles, the property of Hugh Rowlands, having been convicted of felony on January 1st, 1883.— [Pleaded Guilty: See original trial image.] Eighteen Months' Hard Labour.
MR. WILKINSON Prosecuted, and MR. SANDYS Defended.
CHARLES DREW (Detective Sergeant T). On 22nd September I was with Detective Cracknell and another officer, in Howard Road, Fulham, and saw a man come out of No. 58—Cracknell arrested him—Mrs. Wake field, the landlady of No. 58, admitted me—it is a private house—I saw the prisoner on the third floor, standing at a back bedroom door—I said, "Is your name Wilson?"—she said, "Yes"—I said, "We are police officers; your husband has been arrested for uttering counterfeit coin, and I have reason to believe there is more counterfeit coin in your rooms; I am going to search your place"—she said, "I know nothing about him; what he does has nothing to do with me; I don't mind being locked up as long as he is with me; I am better off in prison than out, while he is there; I will never leave him; there is no bad money in this place"—I searched the bedroom and found this portmanteau closed, but not fastened; I opened it and found seventeen moulds; one is a double mould for half crowns, and this is a double mould for half-crowns of George IV. and Victoria—they were done up in paper as they are now, and there were sixteen others—they were wrapped in paper—there were some clamps in the portmanteau, and several pieces of wire—this ladle containing metal was in front of the fireplace, also this melting-pot—I found these pieces of metal lying exposed at the foot of the bed—this piece of cloth was covered over the bench—it has a lot of metal on it and a lot of burnt holes—I said to the prisoner, "What about these?"—she said, "I know nothing at all about them, they have nothing to do with me; he always kept this room door locked"—I said, "But this is your bedroom"—she said, "I know nothing at all about them; they have nothing to do with
me"—I took her to the station, and she was charged with being found in possession of counterfeit coin, and implements for making the same—she made no reply—I went back to the house; the things referring to the charge had then been removed by other officers, who handed me 487 coins—she was brought up at the Police-court next day, and I said, "You say your name is Wilson, and you are Mrs. Wilson; are you the wife of the man who escaped?"—she said, "Yes"—I said, "Can you give me any information whereby I can obtain the certificate of your marriage or a copy of it?"—she said, "No; I don't want to do anything at present"—I said, "If the question should arise you cannot very well say no opportunity has been given you to produce it."
Cross-examined. The moulds were wrapped in paper—the ladle and melting-pot might be used for other purposes than coining—she said, "He always kept the door locked, "not "sometimes" nor "often"—I took down notes of what I thought proper—the other man who was taken in custody escaped, and is still at large.
GEORGE CRACKNELL (Detective Officer T). On 22nd September, about 1. 30 a. m., I was with Green, Howell, and Drew, in Fulham Road—we followed Wilson to a stable, which we entered, and took him in custody, and took him to the station—we then went to 58, Harwood Street, to the third floor front, where the prisoner was in Drew's custody—we searched the back room, and found 28 sixpences and 9 shillings folded in tissue paper on the mantelshelf, with an indiarubber ring round them—we then went into the front room and found on a sofa this parcel of 105 half-crowns, and in another packet two half-sovereigns, 53 florins, and three counter feit sovereigns done up in brown paper, and 120 sovereigns and eight half-sovereigns done up in paper, and in a basin under the table in the back room I found 18 sixpences, three half-crowns, 1s. 6d., and 7 1/2d. in bronze on the mantelshelf.
Cross-examined. The two packets on the mantelpieces were very easy to be seen—Sergeant Brown found the portmanteau, and took it away with the other prisoner—the parcel was brown paper, tied up with string ready to be taken away—the man escaped shortly after he was taken to the station.
WILLIAM HOWELL (Policeman T). I went to this house with Cracknell and the other officers, and assisted in arresting the man who escaped—I had seen him with the prisoner in Harwood Road on Saturday night, the 21st, one riding a bicycle and the other a tricycle; they stopped opposite 58, Harwood Road—I went after him, but he got away.
HENRY HAM (Policeman T 465). I assisted in searching these rooms, and found this gilt double florin in a portmanteau under a bench at the head of the bed—there were two portmanteaus—I also found eight gilt florins, twenty-six sovereigns, ten half-sovereigns gilt, and an unfinished sixpence wrapped in tissue paper in this box.
THYRZA WAKEFIELD . I am the wife of George Wakefield, a coachman, of 58, Harwood Road, Fulham—in June last a man came and looked at a front and back room unfurnished on our third floor, and two or three days afterwards the prisoner came and took the rooms, in the name of Mrs. Wilson—she paid 2s. deposit—the man gave his name George Wilson—the rent was 6s. a week—she said that the man was an engraver—they came in a few days afterwards, and were there twelve weeks—the man went out occasionally—the prisoner did not go out to work, only on
errands; she paid me the rent regularly every week in my kitchen—they never were in arrear—they lived together as man and wife.
CHARLES DREW (Re-examined). The coins had been found when I went back to the house—I found two batteries, two ladles, some plaster of paris, nine bottles of chemicals, a plate of sand, two Japanese pots, a deal polishing board, a quantity of tissue paper, a number of files, a quantity of emery paper, some gilding powder, and a lot of books on chemistry—we found a tricycle and a bicycle at a stable.
WILLIAM JOHN WEBSTER . I am Inspector of Coin to, Her Majesty's Mint—these are seventeen moulds for counterfeit coin: four double moulds for florins, five double moulds for shillings, a single mould of 1873, three double moulds for half-crowns of George IV, one double mould for sixpences; a double mould for sovereigns, a single mould for sovereigns, and a double mould for pennies; some of them have been used—all these coins are counterfeit; some are unfinished, and the others are wrapped up in half-loads in tissue paper, they are then taken out and rubbed with lamp black—here are twenty-one sovereigns and twenty seven half-sovereigns, some gilt, seven are ungilt—they are half sovereign type, not sixpences gift—some of these 105 half-crowns came from the mould in the indictment—here are two batteries, and gold, silver, and copper solutions, ammonia, cyanide of potassium, plaster of paris emery paper, a polishing board, copper wire, files, a clamp for holding moulds, ladles and melting-pots—this ladle has melted pewter in it.
The Common Serjeant directed the Jury that if they believed that the man and the prisoner were man and wife, they must find the prisoner
NOT GUILTY .
OLD COURT.—Tuesday, November 19th, 1889.
Before Mr. Recorder.
MR. GILL, for the prosecution, offered no evidence.
NOT GUILTY .
For cases of Lydon and others, see Surrey Cases.
NEW COURT.—Tuesday, November 19th, 1889.
Before Mr. Common Serjeant.
13. WILLIAM GARLAND (25), ALBERT LUCK (29), and WILLIAM ALBEET STONE (38) , Unlawfully obtaining two carts, ten sacks of flour, and eleven sacks and five bags of flour, by false pretences. Other counts, for incurring a debt and liability for £17 17s. 1d.
Stone, and MR. CALVERT for Luck. CHARLES BURTON. I am a coachbuilder, of Great Grimsby—in May last I received this letter from Luck Brothers, of 107, Old Gravel Lane (Dated May 23rd, asking for designs, with price, for a baker's cart)—I had further letters about the style of the cart, and the way it was to be made—I wrote, giving the price, and afterwards received this letter on a
printed heading from Luck Brothers, bakers and confectioners. (This was dated May 23rd, and stated, "If you like to make two for £46 you can do so; put name in gold")—I agreed to build two for £47 10s., and in consequence of my request Luck Brothers sent me this cheque for £5 as a deposit. (This was signed "A. Luck," drawn on the Stepney branch of the L. and S. W. Bank)—that was honoured all right, and I gave a receipt for the £5—they were finished on 2nd July, and I told the prisoners the day I was coming up with them they were consigned in my name—I arrived at King's Cross at 2. 30, and at a quarter to six I went to 107, Old Gravel Lane, a baker's shop—I saw a man there, and in consequence of what he said I went back to King's Cross at 8. 30, and the carts had gone—the carts were not at the station when I started; they did not come till 5. 30—when I went back to 107, Old Gravel Lane, I saw Luck and stone—I said, "I presume I see Luck Brothers"—Luck said, "Yes"—Garland was there—I said, "Then you have got the traps home; is everything satisfactory?"—Stone said, "Yes, they look very nice"—Luck said, "Come across the road, we have this bit of business to do"—we all went to a little room in a publichouse on the opposite side, when Luck pulled out my account from his pocket, which I had sent by post four or five days before—he handed it to Stone, and said, "This is all right"—Luck wrote this cheque for £41 10s.—I gave them £1 towards the carriage—I paid the cheque into my bank, and it was returned marked "Not pro vided for"—I sent a telegram immediately, and received this telegram in reply, "Yours to hand; letter will follow" (Dated July 9th)—I waited a week, but no letter came, and I came up to London and saw Stone at the shop—he said, "I am very sorry this is bad, but it will be all right in a few days"—that was Friday, and he said I could not see Luck before Sunday—I then got this letter. (From Luck, stating that he would meet the cheque in a few days)—I called again, but got no payment—I saw my carts about a month ago at Mr. Whale's, East Hill Hotel, Wands worth—I should not have left them at the railway-station if it had not been for this cheque.
Cross-examined by MR. RAVEN. I did not know Stone before I got the order, nor did I see either of the prisoners before I came up with the carts—I received the cheque for £5 on account on May 27th—both cheques are signed "A. Luck"—the letters were on memorandum forms, with "Luck Brothers" at the top—it was nine o'clock when I received the second cheque, and I could not go to the bank—I went back next morning before the bank opened, took the cheque home, and paid it in to my account—Luck never said that I could take the carts back again.
Cross-examined by Mr. CALVERT. I instructed the police, and my solicitor took civil proceedings and got a judgment—I never asked to have the carts back again—I had written to say that I should be at King's Cross at 2. 30, and I was there when the carts arrived at 5. 40—I did not see Luck Brothers, though I went into the delivery office twenty times to know whether they had turned up, and I went on to Gravel Lane.
Re-examined. I had written to them to meet me at King's Cross—I got nothing from my judgment—if either of the defendants had offered to return the carts I should have taken them.
By MR. RAVEN. When I got home I found a telegram from Luck
Brothers, an answer to which had been sent by my people—I did not see it—I do not know that it was sent from Euston Station—Stone said in the evening that they had been to the station, and could not make out how they missed me.
By the JURY. I was surprised when I found the carts gone, but I did not think there was anything wrong—I found the carts on their premises when I got back—the telegram is destroyed; it was, "Has Mr. Burton left with the traps?"—the answer was, "Yes, he left this morning"—it was handed in at King's Cross Station.
THOMAS LEWINS . I am a porter at the Great Northern Railway—on 2nd July, about 5. 30, two carts arrived consigned to Mr. Burton—about 8. 20 or 8. 30 the prisoners Luck and Stone came, and Luck said, "You have two carriages here for us, have you not?"—I said, "In what name?"—he said, "Luck Brothers"—I said, "No"—he said, "But you have, I have seen them down at the bottom; they may be in the name of Burton; he is the sender"—he paid the carriage and took them away.
JOHN WHALE . I keep the East Hill Hotel, Wandsworth—Stone has had a shop next door for eighteen months or two years—about the end of June or the 1st or 2nd of July he told me he had a business in Gravel Lane, and had a commission to sell flour for a country miller, but they would not send it, and he had a dogcart to dispose of—I lent him £5 on it without seeing it—a day or two afterwards Luck called, and said that the dogcart was at a livery-stable at Fulham—I had seen him with Stone—I took a horse to Fulham and brought it away, and kept it at my place—I saw Stone the same evening, and let him have £10 more, with the understanding that he would introduce a customer to buy the cart—he came again, and I gave him another £7, making £22—six or eight days afterwards he brought Mr. Clark, and I sold him the cart for the same price, £22, I having had the use of it—about three weeks or a month after that Stone called, and said he could not get flour to carry on the baking business, and was very anxious to keep the shop open, as a large baking company wanted to take it, and would I let him have some money on the business cart—I lent him £5—he brought the cart a day or two afterwards; I bought it for £16, and gave him the balance, £11—he gave me this receipt (produced)—I have got the cart still—Mr. Burton saw it at my place.
Cross-examined by MR. CALVERT. I paid no money to Luck—he only took me to where the cart was at Fulham.
Re-examined. I only know of one shop which Stone has had since he lived next door to me.
WILLIAM CLARK . I am a paper stock merchant, of 46, Old Gravel Lane—I saw two carts opposite my warehouse, and asked a woman whom they belonged to, in consequence of which I went to Mr. White and asked him if he wanted to sell the little chaise cart, and bought it for twenty-two guineas.
Cross-examined by MR. CALVERT. I never saw Luck in my life—I was not aware of the mistake, nor was my clerk, till about two months ago—my clerk did not know I had given it to him till I gave him the receipt.
By the JURY. I do not lend money on different things; I am anxious to oblige customers—I lend a butcher £5 when he goes to market—there are several struggling tradesmen round me, and I lend them money
sometimes, and take no interest from them—I know Mr. Stone by his being next door—I had a dinner that night, and was very busy—I could have no object in making out the receipt for less—I made out the receipt for £22 instead of twenty-two guineas—I was not aware of it till after wards.
MARK CHANDLER . I am manager to Mr. Chandler, a flour factor, and live at 265, Cambridge Road, Mile End—on 28th June Luck came to me and gave me a card, "Luck Brothers, 107, Old Gravel Lane, Wapping"—he bought ten sacks of flour for cash on delivery, and wanted them the same evening, but I could not deliver them—next morning I sent George Chapman with them, who returned and brought me this cheque for £13—I paid it away, and it was returned to me marked "Refer to drawer"—I went to the shop, saw Garland, presented the cheque to him, and asked him for cash for it—he said that Mr. Luck was away in the country—I afterwards wrote to them, and received this reply. (This was signed A. Luck, regretting that the cheque had been returned, and stating that he would see to it in a day or two)—I afterwards went to the shop, and Garland said that Mr. Luck had gone to our place to pay cash for the cheque—I hurried back—Luck did not come—a party came three or four hours afterwards, who gave the name of Sprout, and offered me £2; and afterwards £3, for the cheque, but I declined—I never got any further payment.
Cross-examined by MR. RAVEN. I saw Garland serving behind the counter—there was only the baker in the shop when I went on Tuesday; he was serving customers behind the counter in the same way.
GEORGE CHAPMAN . I am carman to Mr. Chandler—on 29th June I delivered ten sacks of flour at 107, Old Gravel Lane, and saw Garland—I delivered my bill—he said, "All right"—he was in a great hurry to get the flour in—he gave me this cheque—I said that I was supposed not to take a cheque; he said, "I wish you and me were as sure of £20 as your governor is for £13"—I said, "I must have your name on the back"—he wrote "Garland" on it, and I took it.
Cross-examined by MR. RAVEN. I sometimes get paid by cheques—there was no name on the back of it; and I asked him to sign it, because I thought it was a further security, and that the more names I got on the back the better the cheque would be—there was nobody but Garland in the shop, but the baker was downstairs—Garland said that they had been waiting for the flour, and told me to get it out quickly.
CHARLES ALBERT WILLIAMS . I am a flour factor, of Stratford—on May 8th Luck called to order some flour; ho said he was carrying on business in Old Gravel Lane—I asked for the usual trade references; ho said he had just gone into business for himself, and referred mo to his late employer, Mr. Miller, of Putney—seeing there was" and Co. "I asked him about his partner—he said his partner had not much to do with it—he gave me an order for twenty bags, value £14, to be paid for in fourteen days—they were delivered, and paid for by cheque, which was mot, and at the same time Luck gave me a further order for ten sacks or ten bags, which were delivered on May 29th on the same terms, which I sent, and on the 31st he wanted something to mix with the previous lot, and I sent him three more sacks—on 4th June I received this letter. (Stating that he would send a cheque in a day or two, and ordering free or ten bags of Australian flour.—
Signed A. Luck)—I sent five sacks, value £30 19s. 6d., and on 13th June this letter came in my absence. (Signed A. Luck, enclosing a cheque on the London and South Western Bank for £20, and ordering fifteen or twenty sacks of flour)—that was not sent—I paid the cheque in, and it came back marked, "Refer to drawer"—I called to see Luck a few days afterwards; he was not at home—I saw Garland, and waited two or three hours, and then called again, but he was not there—I then sent someone to collect the account, but never got it—on the day after ordering the flour Garland came, but I kept him waiting, as I was anxious to know if the cheque was all right—he called twice.
Cross-examined by MR. RAVEN. I sent a man named Bogle one lot of flour, which was paid for; I do not consider him a customer—I do not know that it was through him that I was introduced to Luck; I asked who referred him, and he would not tell me.
Cross-examined by MR. CALVERT. Luck said that the five sacks of flour were rather soft, and he wanted something stronger to mix with it—I do not know that the five sacks were offered back to my carman; they could not be, as he had used some—they had about £40 worth of goods between May 8th and June 13th.
ANGELO BRADISH . I am a baker—about the end of June I called for Mr. Williams at 107, Old Gravel Lane, to collect his account—I saw Gar land, and asked for Mr. Luck—he said, "Mr. Luck is out of town"—I said, "Has Mr. Stone anything to do with the business?"—he said, "Yes, he is a partner"—I said I had come to collect Mr. "Williams's account for flour, and produced a cheque for £20, and told him it had been dishonoured, and I should like to see some person in authority—he said that I could see Mr. Stone next day at twelve o'clock—I called next day and saw Stone, who said he would send £5 the following Monday, and afterwards he said he would give Mr. Williams the shop for Luck's debt—I said that I could not recommend that, as it was an underselling shop, as far as I knew.
Cross-examined by MR. RAVEN. I am interested in the business—I am not a practical baker—I took a shop at 83, High Street, Streatham, to support my wife and ten children—I nave a clerk and collector—when I went Garland was behind the counter—he may have said, "There is not a partner in."
JOSEPH HAWKER . I am carman to Mr. Williams—I delivered this flour on five different occasions, and on each occasion got a delivery note, signed A. Luck—I saw Luck, but cannot swear to any of the other prisoners—these are the duplicates of three of the delivery notes.
Cross-examined by MR. CALVERT. I do not remember being asked to take back five sacks of Australians.
HENRY SURTEES CHAPMAN . I am in the employ of Neil Marriage and Co., flour factors, of Ratcliff Cross—on April 9th Luck called and ordered ten sacks of flour, amounting to £13 2s. 6d., for cash on delivery; which was paid—on 10th April he called again, and ordered flour to the amount of £7 8s. 9d., which was delivered on the 16th, and paid for in cash—on the 17th he ordered flour to the amount of £13, which was paid for on the 24th, when he ordered flour amounting to £25 2s., which was delivered, and on 6th May Luck called and handed me £13 2s. in cash, and a cheque for £12 on the Hammersmith branch cf the London and South-Western Bank, signed W. A. Stone, and drawn in favour of
and endorsed by Luck—at the same time he ordered about twenty-five sacks, amounting to £30—I paid the cheque into my bank, and it was returned dishonoured, and marked, "Refer to drawer"—I saw Luck, who said he was unable to give me cash at the time, and asked me to pay it in again—I did so, and it came back with "Orders not to pay" on it, and "N. S." for not sufficient—I made several applications to Luck at the shop, but got no satisfactory answer—I saw all three prisoners at the shop when I applied about the dishonoured cheque—I did not send the last order.
Cross-examined by MR. RAVEN. He paid me four sums in cash, the rough total is £53, in a little over a month—£12 is now owing to me.
Cross-examined by MR. CALVERT. It is my usual practice to give a months credit—the order for £30 worth of goods was given before I sent back the cheque the second time, and I told them I would not execute it.
Re-examined. I did not give Luck a month's credit—the first and second transactions were for cash on delivery, and afterwards he agreed to pay in a fortnight.
WILLIAM STARKISS . I am in the service of Jacob Manger and Co.—on 25th April I delivered about twenty sacks of flour to Luck Brothers, 107, Old Gravel Lane—I saw the three prisoners; one of them gave me the delivery note, signed "A. Luck."
BINION WHITEHEAD . I am a corn factor, trading as Best and Co., in Mark Lane—I knew Stone last December carrying on business as a baker in the name of F. R. Clift and Co., at Oxford Terrace, Putney Bridge Road—I agreed to supply him with flour, partly for cash, and fourteen days' credit for the rest—two or three lots were paid for, not amounting to more than £14 or £15 at a time—on 2nd January, 1889, I supplied him with flour value £14 odd, which was paid for all but 30s., and on February 2nd with flour value £17 17s. 1d., which has never been paid for—I applied several times—I afterwards had another transaction with him for a similar amount, for which he paid before delivery, as I declined to give him further credit—I have not been to the shop since, but I heard he had gone to Gravel Lane—I called him Mr. Clift.
Cross-examined by MR. RAVEN. Customers occasionally address me as Mr. Best—Stone paid me about £30 between the end of December and the middle of January—that was cash and credit—altogether he has paid me getting on for £45—he owes me now £19 17s. 1d.; I have had no cheque for that—on the last day that this case was on at the Police court I communicated with the Treasury solicitor—I gave him a reference to Alexander and Co.; they applied to me, and I answered them verbally.
Re-examined. All the transactions between us appear in my ledger.
THOMAS FREDERICK EARLE . I am a cashier at the Hammersmith branch of the London and South-Western Bank—on 3rd April, 1889, the prisoner Stone opened an account there by a payment of £30, of which this (produced) is a copy—twelve of Luck's cheques are credited to Stone's account; I mean that twelve of Stone's cheques have been drawn in favour of Luck—I find one cheque in favour of Garland on May 2nd for £1 16s.—since May 12th fifteen cheques have been dishonoured, twelve of which were returned for want of funds, amounting to £60, and he rest for endorsement—I wrote on 18th June, and again in July—
this £12 cheque was returned twice; it was marked "N.S." the first time, and the second time "Orders not to pay"—that was because the clerk received a written order from Stone not to pay—his account was not overdrawn at that time, but more money had been drawn on than had been paid in—at the time Stone gave orders not to pay this cheque for £12 there were not sufficient funds to meet it, and I should not have paid it if he had not written.
Cross-examined by MR. RAVEN. Several small amounts were paid in afterwards.
KENNETH ROBERT LOGAN . I am a cashier at the Stepney branch of the London and South-Western Bank—on May 24th Stone introduced the prisoner Luck, in consequence of which I opened an account in Luck's name—he paid in £13, and afterwards other sums—eight of his cheques have been dishonoured, amounting to £143 12s. 8d—the credit balance on 11th June was £6 4s. 11d., and on the 12th, 9s. 11d.—nothing has been paid in since—cheques to the amount of £119 0s. 11d. have been presented since, and dishonoured—the cheque for £4 10s. on 2nd July to Mr. Burton is one, and one to Mr. Chandler on 2nd July.
WILLIAM SMITH (Police Sergeant H). I received a warrant for the prisoners' arrest, and on 4th September I saw Garland at Wapping Rail way Station—he shook hands with Mr. Burton, and I said to Mr. Burton, "Is this the man referred to in the warrant I have?"—he said, "Yes"—I took him on the platform, and read the warrant to him—he said, "You have made a mistake"—I took him to the station—he said, "I have nothing to do with Luck Brothers; I left them months ago; I never saw Mr. Burton before; I only saw him twice; I have nothing to do with any cheques; I know the man you want; he owes me some money, that is why I was there to night; I did belong to the firm; I was one of the principals, but left them months ago"—I had kept observation on 107, Gravel Lane, and have seen the three prisoners behind the counter, some times together, and sometimes separately, and I have seen them all three enter the shop together and separately—on September 5th I was with Sergeant Glennister, and saw Stone and Luck go into the shop; we followed them, and I told Luck I had a warrant for his arrest, and read it to him; he made no reply—he had a bag, in which I found a cheque book on the Stepney branch of the London and South-Western Bank, in which is a counterfoil of a cheque for £2 10s., paid to Mr. Stone on 25th May—I went to Luck's address, 4, Holford Road, Fulham, where I found an agreement for 112, Old Gravel Lane, by Miss Wedlake and Alfred Luck—I went over the shop; those was Very little stock there, and a very small quantity of bread—I found an old man there—I had followed Stone to 10, Edale Road, Deptford, on September 2nd, and saw him go in—he went there by rail from Stratford; I had no warrant then—after he was in custody I searched that house and found Mr. Burton's bill and a receipt for £5 on account; also a receipt for £13, signed by Chandler—I found on Luck a letter and an envelope addressed to Mr. Kirby, care of Mr. Woodhouse, Ramsgate. (This was from Luck to Kirby, stating that the police were watching their movements, and only waiting for them to make a mistake.)
Cross-examined by MR. RAVEN. I also found these receipts at Edale Road, showing dealings in the course of business.
GEORGE GLENNISTER (Police Sergeant H). I took Stone and read the warrant to him; he made no reply—he had this bag, in which I found Mr. Burton's receipt, and an account book of Messrs. Marriage, a receipt from a railway, a pass book of the Hammersmith Bank, some counter foils of cheques on the same bank, and three cheques were found at his private residence.
Cross-examined by MR. RAVEN. I found several receipted bills and an agreement—I went into the shop between 6 and 7 p.m., but did not go upstairs; that was occupied—I saw very little bread in the shop; it is not a big shop—there was half a sack of flour in the bakehouse.
The Prisoners' statements before the Magistrate. Garland says: "I was in their service as weekly servant, and know nothing of the business." Stone says: "I know of nothing not carried on legitimately. "
LUCK received a good character.
GARLAND— NOT GUILTY .
LUCK and STONE— GUILTY . Ten Months' Hard Labour each.
OLD COURT.—Wednesday, November 20th, 1889.
Before Mr. Justice Hawkins.
NOT GUILTY . The prisoner was tried upon one of these indictments at the last Session, when the JURY, being unable to agree, were discharged without giving any verdict.—See vol. CX., p. 1200.
MR. GILL, for the Prosecution, offered no evidence on the inquisition; the GRAND JURY had ignored the bill.
NOT GUILTY .
There was another charge against the prisoners for assaulting the said John Brinsden, to which they
PLEADED GUILTY.—Twelve Months' Hard Labour.
NOT GUILTY .
MR. BESLEY Prosecuted.
NOT GUILTY .
NEW COURT.—Wednesday, November 20th, 1889.
Before Mr. Recorder.
19. THOMAS O' NEILL (18), EDWARD SMITH (20), and JOHN JONES (20) , Breaking and entering the Church of St. Mary, Charter house, and stealing three candlesticks, two birettas, and other articles; SMITH having been convicted at this Court in March, 1886, and JONES at Clerkenwell in October, 1887. O' [Pleaded Guilty: See original trial image.] NEILL— Three Days' Imprisonment. SMITH and JONES— Fifteen Months' Hard Labour each. (The GRAND JURY expressed their approbation of the conduct of Albert Hardyin this case.)
20. GEORGE JOHNSON (32) , to assaulting William Watson and other police-constables in execution of their duty; also to robbery with violence on >Henry Brasington Mee, and stealing a watch-chain, having been before convicted at Clerkenwell on 3rd December, 1888— [Pleaded Guilty: See original trial image.] Twelve Months' Hard labour.
21. JAMES WOODS (21) and WILLIAM WALKER (18) , to breaking and entering the dwelling-house of Charles Lovell, and stealing a pair of trousers and other articles; WOODS having been convicted at Clerkenwell on 20th February, 1888, and WALKER at Clerkenwell on 19th March, 1888, in the name of William Mitchell— [Pleaded Guilty: See original trial image.] Eighteen Months' Hard Labour each. (The GRAND JURY expressed their approval of the conduct of the police in this case.) And
22. WALTER JOSEPH TAYLOR (29) , to forging and uttering cheques for £23 10s. 8d. and £7 10s., with intent to defraud; also to omitting certain particulars from the books of W. P. Griffiths and Son, Limited, his masters. [Pleaded Guilty: See original trial image.] He received a good character— Twelve Months' Hard Labour.
MR. PARTRIDGE Prosecuted.
GEORGE DANDO (Policeman S 534). On 5th November, about 1.30 a. m., I was on duty in Mansfield Road, Kentish Town, near Mr. Berry's, a butcher's shop—I heard a smashing of glass on the side of the road which belongs to the Y Division—I crossed to that side, and saw the, prisoner and two others leave the shop, and run towards me—I jumped out of a corner where I was, and took the prisoner, who was the first of the three—I asked him what had occurred; he was excited and surprised, and did not speak a word—we had a slight struggle, and I took him to the station—he was charged with burglariously breaking and entering; he made no reply—we roused Mr. Berry, whose premises had been broken into—I have no doubt the prisoner came from the house; the door was not open, but the fanlight was "broken, and they could get through—it was a fine night—a large piece of rump of beef was stolen.
RICHARD CLOUD . I am assistant to Mr. Berry, and live at 117, Mansfield Road, Kentish Town—I was sent for to the shop, and found the fanlight broken—I roused Mr. Berry—we searched the premises, and missed a large piece of beef, about thirty pounds, which had been hanging on a hook right across the fanlight—the fanlight was not broken the night before.
The Prisoner's statement before the Magistrate. "The constable never saw me coming from the shop; I was walking down Mansfield Street, and just as I got to the corner the constable stopped me, and said he heard a smash of glass." He repeated this in his defence, and stated that he did not know the other men.
NOT GUILTY .
MR. PARTRIDGE Prosecuted.
JOHN WISE (City Policeman). On 6th November, about 12.20 a. m., I was on duty, and saw the prisoner carrying this parcel in a bag—I said, "What have you got?"—he said, "What has that to do with you?"—I said, "We are police officers, I am not satisfied, I shall take you to the station for unlawful possession of the bag and contents"—he made no reply—I took him to the station—he said, "I won't give you any trouble; I saw a cart backing out of a court in Noble Street; the parcel fell off, and I took it away"—this was a parcel in the bag containing nine dozen gentlemen's ties, and from what the prisoner told me I went to Dent and Allcroft's place, as they are the only persons who use that court.
FRANCIS HART . I am cart-boy to Dent and Allcroft—on 6th November I was with the cart—I threw this parcel right inside the cart into the middle, and saw it safe on leaving the place on top of other parcels—I missed it at the Atlas Office, Aldermanbury—the tailboard was hanging down on the chain—I have never had a parcel fall out of the cart.
JOHN LEGG . I am warehouseman to Dent and Allcroft, of 97, Wood Street—this parcel is their property—it contains nine dozen ties, value £1 17s. 9d.—they were invoiced to certain customers on 6th November.
Prisoner's Defence. I did not see the parcel fall out of the cart, but I heard it, and saw it lying in the road. I picked it up, and the detective stopped me. I had met no policeman after picking it up, neither had I passed any Police-station.
He then PLEADED GUILTY** to a conviction at Guildhall on 2nd January, 1889.— Eighteen Months' Hard Labour.
MR. WILLIS Prosecuted, and MR. F. FULTON Defended Ring and San
PHILIP HOLLANDER . I live at 21, George Street, Hampstead Road, and am a hairdresser—on 28th October, about 11. 30 p. m., I was in Tottenham Court Road, and met the prisoner Ring—I went into a public house with her, and had some whisky—I showed her my money in a black purse; there were eight sovereigns, £8 10s. in half-sovereigns, eight half crowns, and five florins—Ring disappeared when the publichouse closed, and I went up Tottenham Court Road—about five minutes afterwards I met San Kewitch, who asked me to go home with her to 27, London Street—I had seen her a day or two before—we went to London Street, to a front parlour, and found Ring there—they asked me to have a little supper with them, some sardines; I refused—she then asked me to have a bite off one; I then missed my scarf-pin, and told them so, and San Kewitch gave it to me—I could not see whether she picked it up—I wanted to leave the house—they both pushed me into the back parlour; another
door then opened, and Miller jumped in, seized me by my neck, and knocked me down—there was another man there—when I was on the ground San Kewitch took my purse and £20—I called "Police!"—they were all three knocking me about and kicking my ribs—a policeman came in, and I gave them in custody—I went to the hospital—my arm is still bound up from my injuries—this is my purse.
Cross-examined. I was carrying on business at 39, Seaton Street, for three years, but left when this occurred—those premises were in the occupation of Mr. Brooks, but I was his manager—I did not sleep and live at 17, Tolmer Square with the prisoner San Kewitch—I did not know her before this night—I had never seen her before—I had not lived with her, nor did I induce her to go out to a brothel at Brazil that I might get £20; that is entirely untrue—I was not living with a woman named Annie Binner; I did not know her before this night—I have never been to Londonderry—I have been at Clerkenwell Sessions twice—I had had several glasses of whisky on this night—I did not show San Kewitch my purse with the £20, and say "This is what I received for sending a girl out to Brazil"—I do not live on the prostitution of women—I did not strike Miller first—I worked hard for the £20, and I can show you £60 more; I can always get it—my wages as Brooks's manager are 25s. a week, out of which I find myself in food—I have been there three years—I did not save the £20 in that time; I have had money sent me by my wife.
Cross-examined by Miller. I do not live with Miss King—I did not call myself a robber and murderer, and a Jew fighter; I never saw you before—I never met you at the club at 21, Poland Street—I was only in the house once—San Kewitch's brother came and offered me £29 not to go against the prisoners, and I received this letter (produced) from Ring.
Re-examined. I did not know any of the prisoners before 29th October—I did not give San Kewitch my purse and money.
FRANK HINKLEY (Policeman). On 29th October, at 1. 30 a. m., I was called to 27, London Street, and found Miller and Ring struggling with the prosecutor—I saw Miller kick him three times on his ribs as he lay on the floor, and Ring kicked him and punched him on his face—San Kewitch was not there—the prosecutor charged them with assaulting him and robbing him of £20—I got assistance and took Miller and Ring to the station.
Cross-examined by MR. FULTON. The prosecutor was a little the worse for drink—Daniels fetched me, and San kewitch was with him.
WILLIAM HOWITT (Policeman D 414). I assisted Hinkley in taking Miller and Ring to the station—I saw San Kewitch standing outside the station, talking to the witness Binner—she said, "I have got the money; will you keep the purse till tomorrow?"—she was passing the purse when I seized her hand and took it from heir—I took her into the station, and the prosecutor identified her and the purse—there were eight sovereigns, one half-sovereign, and ten shillings in it.
Cross-examined by MR. FULTON. She spoke in broken English, but I could understand it—I suppose Binner followed the prisoner to the station—San Kewitch was not in custody then—the prosecutor was a little the worse for drink, but not drunk.
station one morning, and Polly San Kewitch wanted to give me a purse—we then heard some noise in the station, and a policeman came out and saw that Polly had the purse; she was going to give it to me, and he took it out of my hand.
Cross-examined by MR. FULTON. I do not understand English—San Kewitch asked me in German, in Tottenham Court Road, to keep the purse till tomorrow—she said, "I have found this purse; let us go down Tottenham Court Road"—she did not suggest that we should go to the Police-station together to give up the purse—she told me they had had a fight in London Street, and she had found the purse—I went there from curiosity—I do not know the prosecutor; I never saw him before that night—I never saw him at 17, Tolmer Square before or since—I had never seen San Kewitch before—I live at 17, Tolmer Square, but am in service at Hampstead Road—this conversation with San Kewitch, was about 2 a. m.
GEORGOE DANIELS . I am a bootmaker, of 27, London Street, top floor—I was going into the house, about 1.30 a. m. on October 29th, and heard screams from the prosecutor that they had got his watch and £20—I knocked at the partition to know what was the matter, and San Kewitch came out, and asked me to fetch a policeman, and I went with her, and fetched No. 343—when I got back with him the row was still going on, and they were struggling together, trying to get him out of the back parlour; he would not come out without his money—Ring and Miller lived in those two rooms—I had never seen San Kewitch before.
Cross-examined by MR. FULTON. San Kewitch accompanied me in search of a policeman, and then we lost her—I lodge in the top room.
Cross-examined by Miller. I saw you without your coat and waistcoat, and just one button done of your trousers—you two brought him out of the parlour, one on each side, and he was resisting, because he wanted his money—I did not see him go into the parlour.
LEONARD HILL . I am house surgeon of University College Hospital—Hollander was admitted there, having a dislocation and severe bruise on his left shoulder, two black eyes, a bruise on his jaw, and under the skin of his jaw there was an effusion of blood; there were finger-marks on his neck, his mouth was bleeding, and his wrist sprained; his ribs were bruised on his left side, and there was a very severe bruise on the left side of his chest—it seemed as if he had been seized by the throat, and half-strangled—he was not actually drunk, but he had been drinking heavily—I have seen him from day to day—his arm has not entirely recovered yet.
Cross-examined by MR. FULTON. There were marks of violence on Ring; half-adozen bruises on her arm, shoulder, and elbow, about a week old—the Magistrate asked me to examine her—the prosecutor was brought to the station by Binner and another woman, who took up the rôle of being his wife, and they both came to see him afterwards.
LOUISA RESCOLA . I am female searcher at the station—I searched Ring, and found this empty purse, and on San Kewitch 4s. 6d. in silver and 5d. in bronze—I stripped Ring; her neck was bleeding, and she said she had been knocked about—the doctor saw it not quite a week afterwards, and I then saw some bruises on her.
Cross-examined by MR. FULTON. I remember seeing that gentleman (Mr. Pike)—I did not tell him that I did not know Hollander at all, that he never was my assistant, but only came occasionally to be shaved—I had no conversation with him—I did not say I went in fear of him; that is utterly untrue.
MILLER— Eighteen Months' Hard Labour, and Twenty-five Strokes with the Cat.
RING and SAN KEWITCH— Fifteen Months' Hard Labour each.
THIRD COURT.—Wednesday, November 20th, 1889.
Before Mr. Common Serjeant.
MR. THORNE COLE Prosecuted. JOSEPH WILSON. I live at 24, Highgate Road, and am a newsagent and tobacconist—at 3.30 or 4 a.m. on 5th November I was aroused from sleep by a police sergeant—I got up, went downstairs, examined my shop, and found a plate-glass square, about 7 ft. by 4 ft. 9 in., in front of the window, had been broken; there was a hole sufficiently large to put an arm through; nothing had been stolen, as far as I know—when I last saw the window at 10. 10 it was safe—I had no shutters—I had no light burning all night—objects could be seen inside from the outside—I afterwards went to the Police-station, saw the prisoner in custody, and charged him.
Cross-examined by the Prisoner. I charged you with breaking a square of glass.
SAMUEL ROBINSON (Policeman Y 211). On the morning of 5th November I was on duty in Highgate Road—the prisoner was walking with two others—I followed them—they went by the prosecutor's shop on the other side of the road—the prisoner left the other two, came back shortly afterwards, and stood opposite it—he picked up something, and threw it at this window—I was about twenty yards off, concealed—they went about one hundred yards, waited there about ten minutes or a quarter of an hour, and then came back—the prisoner stood about twenty yards from the other two, who put their hands into this window—I ran towards the prisoner, and apprehended him—the others ran away—I said to the prisoner, "What are you doing here?"—he said, "I have done nothing"—I afterwards found this stone outside the window—there are marks of the window on it.
Cross-examined. You were about twenty yards from the other men when I laid hold of you—I charged you at the station with loitering—the prosecutor charged you with breaking the window next morning.
The Prisoner, in his defence, said he knew nothing of the other men, and that he had just walked past the shop when he was apprehended.
NOT GUILTY .
27. WILLIAM JONES (42) PLEADED GUILTY to burglary in the dwelling-house of Robert James Alexander, and stealing four table spoons and other articles, having been convicted** of felony in March, 1883.— Two Years' Hard Labour.
NEW COURT.—Thursday, November 21st, 1889.
Before Mr. Recorder.
MESSRS. GILL and MUIR Prosecuted, MR. BESLEY Defended.
ALBERT WEATHERHEAD (Police Sergeant D). On 15th October I went to 26, Percy Street, Tottenham Court Road, and saw the prisoner there—I said, "I am a police officer; your name is Charles Frederick Richter, is it not?"—he said, "No, my name is Cock; Mr. Richter lives at 22, Elm Park Road, Kensington"—I said,' "You answer the description of the man I want on a warrant I have here, and I shall detain you at the station till you have been seen"—I read the warrant to him; it charged him with obtaining 30 dozen of wine, value £25, by false pretences—he said, "Oh, that wine was for the people next door"—I said, "I can't help that"—he sat down in a chair, and wanted to go away and change his clothing—I said, "Wherever you go I shall go too"—he said, "I am Richter; don't say I said my name was Cock; it won't do you any good"—I made no reply, but took him to the station—when the charge was read over to him he said, "I don't fear it."
Cross-examined. I have never seen him before—he did not say that he had traded in the name of Cock, and it was the name of his wife's sister.
THOMAS BAKER . I am a shorthand writer in the employ of Walsh and Son—I took shorthand notes in an interpleader issue at Blooms bury Court on October 2nd, in which Max Greger was plaintiff and Bridget Richter defendant—the defendant was called, and so was Melani Cock—I produce my original notes, and also a correct transcript—there is a possibility of error on page 4 as to the number of years for which the lease was to run; the figures are rather odd.
Cross-examined. Mrs. Richter was examined at great length—she said that the properly had always been hers at No. 26, although her husband lived with her—the case lasted from 3. 30 to 5 o'clock (The transcript of the defendant's examination was here read).
ALBERT PAUL GAINSBOROUGH . I am a traveller to Max Greger and Co., Limited, and do business at 66, Sumner Street, Southwark—in December last I received this card from the managing director, Colonel Hadden, with this writing on it, "Send this gentleman two samples of claret, cheap and dear, Hotel Bastida, 26, Percy Street, Tottenham Court Road"—I went to 26, Percy Street, and saw the prisoner in a room; I showed him the card, and told him I had been sent there to bring him the samples of wine which he requested to receive—he asked me to be seated, went down into the cellar and brought up some wine to compare with it, which he had bought in Germany—I tasted his wine first, and he tasted my samples afterwards—he then gave me an order for fifty dozen—either at that interview or another he said he expected to do a great deal more business with us; he expected to get the house No. 27, next door—I reported to Colonel Hadden, who told me to go and make inquiries of the prisoner again, which I did at No. 26; I have never been to No. 27—I told him I did not want him to get angry with me, but we had received a report which was very unsatisfactory, namely, that he had failed, and that there was a bill of sale on the furniture, and the
business was carried on in his wife's name; he said that was a matter of the past; it had been carried on in his wile's name, he having a lawsuit on his hands; he was afraid he might lose the case, and the parties would come down upon him, so he secured himself by settling the furniture on her, but it was now in his name again—I said, "Why have you not had it taken off the records of the Court?"—he said, "I instructed my solicitor to do so, and I shall tell him again that it has no right to be there; everything that is in this house belongs tome; I am worth £4,000 in all, "and he rushed out and brought me a bundle of papers, and said, "These are worth £18,000 besides what I have here; I have got the confidence of a merchant, and you will find every thing right"—I tried to sell the wine for cash, but he gave me his acceptance—I told him I would submit it to the managing director, and he should hear from me the same day—I reported the interview.
Cross-examined. I am a Hungarian—I spoke partly German and partly English with the prisoner—he showed me the MS of what he said was a scientific work, which, if it was published, would bring in £4,000—he simply stated that the bundle of papers was worth the money—I did not think it was bank notes, and it did not look like title-deeds—I possibly said at the Police-court, "I cannot remember whether I showed him the card or not"—if it had been a cash transaction no inquiries would have been made—some persons buy goods for cash, but you never get the money—I have been at Max Greger's about a year; he is dead—I was not offering 25 per cent, discount, nor did I press the sale to a man I did not know—the discount to a man in the trade is 20 per cent. off the in voice price, and 2 1/2 on payment of the bill—I am paid by commission; the more wine I turn out the more I get—I saw his wife at No. 26—I did not see Miss Cock—he said that his lease was run out—I do not know whether he said that in German or English—I think I said at the County-court or the Police-court that he said, "I expect to get the lease of No. 27"—I admit that I do not know enough English to understand the word" lease"—the reduction in the amount of the order from fifty to thirty dozen was made because he said, "If you don't know me we will make it only thirty"—I only went there twice before the wine was delivered—I told the Magistrate I did not ask the defendant the first time I saw him, anything about his position.
Re-examined. I have never heard till today any suggestion about the prisoner being a man of science.
FRANK WILLIAM HADDEN . I am managing director of Max Greger, Limited—I received this card, and handed it to Mr. Gainsborough to see the prisoner, who reported to me the result of his visit—I caused the usual trade inquiries to be made, and then sent Mr. Gainsborough again, who reported the result of his second interview to me, and brought a reduced order, and I allowed the order to be executed—I enclosed this bill in the letter—(For £25 12s., payable at three months by C. F. Richter)—it came back, endorsed "Accepted, payable at 26, Percy Street, Totten ham Court Road, C. F. Richter, "with this letter on a lithographed form—the order was executed, and the wine invoiced to Mr. Richter, and the carman brought back this delivery note receipted—when the bill was presented it was dishonoured, and I placed the matter in the hands of our solicitors—Mr. Gainsborough loses his commission unless it is a good debt.
Cross-examined. Beside the trade discount, if they pay cash they get extra discount off the net—I have been manager for five years—the company was registered in 1881—we paid 7 1/2 dividend last year—we make it a rule to send to Stubbs and others, and in this case we sent to Stubbs—we do not find them infallible—no search was made at the register office—it was there that we had the information that the business was carried on by the wife, and I told Mr. Gainsborough to go and have it out with Richter—he converses partly in German and partly in English—he told me the bill of sale was all a myth, for the purpose of defrauding anybody who might get a judgment against him—I did not go into the morality of the question, or whether he was going to defraud anybody else; I only wanted to see that he did not defraud me—I believed the bill of sale was all settled—I did not think out the matter; I relied on the accuracy of Mr. Gainsborough's report—he told me about the £4,000 and the £18,000—Stubbs' statement about the wife carrying on the business was what I wanted explained, and it was stated that he had been bankrupt—I stopped the goods going till it was explained; that satisfied me, and I parted with them—I never saw him till he was at the Police court—I believe the card is in the writing of one of our clerks at Mincing Lane, who is not with us now.
Re-examined. I believed from the card that the prisoner was Mr. Richter, of the Hotel Bastida—I never heard till today that he was a scientific man, and had written a work; that is quite new.
FREDERICK EDWARDS . I am wine porter to Max Greger, Limited—I took some wine in cases in December, 1888, to Mr. Richter, 26, Percy Street, with a delivery note—two females came to the door, and I drew my van a little further on to No. 27, where a female appeared at the door, and after that I saw the prisoner—I asked if he was Mr. Richter; he said, "Yes"—I said, "I have brought some wine"; he said, "Bring it in"—I took in the thirty dozen, and gave him this yellow ticket—he took it out of my sight, brought it back signed, and handed it to me.
Cross-examined. I delivered the whole at No. 27—they were taken out of the cases, which I took back empty—I took no bottles back.
GEORGE JOHN LANGDEN . I am managing clerk to Hastie, Crawford, and Co., solicitors to the prosecution—I have the conduct of this case—I commenced an action against the prisoner on this bill, got judgment under Order 14, and put the sheriff in—I was met by a claim by Mrs. Richter, and the sheriff interpleaded—it was tried at the County-court on 23rd October, and judgment was given for the claimant with costs.
Cross-examined. Affidavits were filed about two months before the interpleader was tried, probably in July—I believe there were two.
EDWARD HEWITT . I live at 362, Essex Road, Islington, and know the prisoner and his wife—in 1885 I lent her £200 on a bill of sale of the property at 26, Percy Street—my solicitor got a statutory declaration from the prisoner—the bill of sale was in my possession till April this year, when it was paid off by Mr. Diprose at my solicitor's office (Mr. Hargrave), in the presence of the prisoner and his wife—the bill of sale and the declaration were handed over to Mr. Diprose.
Cross-examined. I made the first advance to Mrs. Richter in 1885—there were periodical payments on account for the first twelve months on the first bill of sale; about £90 was owing to me—I do not think they paid off anything from 1885 to 1887—I got the balance of the agreed
account from Mr. Diprose—there was no litigation, but I had to take a composition to get a settlement—the £90 was interest as well as capital.
HENRY DIPROSE . I am a moneylender, of 4, Camberwell New Road, and know the defendant—on 27th April Mr. Hewitt's bill of sale was paid off in the solicitor's office with my money—I have not got the statutory declaration or the bill of sale—on April 27th I was at the office of Mr. Hargrave, Mr. Hewitt's solicitor—Mr. and Mrs. Richter were there, and I think Mr. Hewitt was there—I was not represented by anyone—I lent £200—I did not see a bill of sale or a statutory declaration there, but I took the bill of sale (produced) from Mrs. Richter, and this statutory declaration from Mr. and Mrs. Richter. (Dated 27th April, 1889, and stating that all the property in the house belonged to Bridget Richter, with no encumbrance except £60 from Mr. Hewitt)—I think Mr. Richter's solicitor had Mr. Hewitt's bill of sale.
Cross-examined. I received no paper on my making this bill of sale—I advanced money in April this year—it was to pay money into Court before the interpleader could be tried that I advanced £70 further in June—my security had to stand over till after the trying of the inter pleader.
GUILTY .— Four Months' Hard Labour.
MR. GEOGHEOAN stated that he was willing that the prisoner should
PLEAD GUILTY to the Counts for issuing a false paper, but he would not plead guilty to any Count charging him with an intention to defraud; he then stated in the hearing of the JURY that he was
GUILTY on the fourth and fifth Counts, upon which they found that verdict.
He received a good character.— Discharged on his own recognisances.
JOHN HAWKINS . I am manager to Sarah Ann Whiting, who trades as the Harness and Saddlery Supply Company, at Hornsey Road—on 12th May the prisoner Arthur came into the employ as traveller—his duty was to obtain orders and receive money, and account to me every night—if he obtained an order it was sent by Parcels Delivery Company, and an invoice went by post the same night—on 5th August Arthur told me he had got an order from Mr. Burt, of 18A, Haverstock Hill, who was a very respectable tradesman, recommended by his brother, who was in the employ of Edwards and Coxwell—I believed the representations, and caused a set of trap harness, value £5, to be sent to Haverstock Hill, and sent the invoice by post—at the end of a month I sent Arthur for the account—he said that Mr. Burt was not in, and he went again, and Mr. Burt said he would call and pay, but he never did—I called myself on October 9, and found it was an oilshop, with the name of Fry on the door—I had a conversation with Mr. Fry, and gave informattion
—I received this order from Arthur, "Mr. F. Cozens, 50, Chalk Farm Road, one set of harness, etc., cash £7"—he said that it was for his brother Frank, who was going to open a shop in Chalk Farm Road—I had it made specially, but Frank was arrested and it was not delivered—on 4th October Arthur said he had got an order for some white metal harness, value £7, for Mr. White, 86, High Street, St. John's Wood, for cash, and that Mr. White would be in next morning, and he could get the money—he took the harness away in a trap, and came back and said Mr. White could not pay, but had arranged to pay in a fortnight—on 19th August he put forward another order, for Mr. Bentley, of the Lord Nelson publichouse, Globe Lane, Mile End, for three sets of harness, value £17 10s., which were sent by Parcels Delivery—he has never accounted to me for any of those sums.
Cross-examined by Arthur Cozens. I have never asked you to take things on your own hands.
Cross-examined by Frank Cozens. I did not make any inquiry when your brother gave me the order—he did not tell me you were on commission for him—your order was a written one, the others were verbal—I have never seen your writing—when the order was handed to me a statement was made with it.
ERNEST ARTHUR FRY . I am an oilman, of 18A, Haverstock Hill—I have known the prisoner Frank twelve months as a traveller; I did not know his name—he called on me about August, and said, "Will you receive a hamper for me which is coming by Parcels Delivery in the name of Burt?"—he said he was living in apartments, and it was awkward to have parcels left—I said, "Yes, "and a few days afterwards a hamper arrived by Parcels Delivery, addressed to Burt, which Frank fetched away—I could see that it contained harness—a number of letters came for him in the name of Burt, also a parcel of sponges—he told me another parcel was coming by Parcels Delivery, and it came the same day.
Cross-examined by Frank Cozens. You told me it was a set of harness—you told me you might as well make money on commission on them as on coals.
Re-examined. He never told me his name was Frank Cozens.
EDWARD LAURENCE . I am manager to Mr. Robertson, of the Adelaide Tavern, Chalk Farm—I know Frank Cozens as a customer—towards the end of August he came into the bar with a hamper containing brass mounted harness, which he wanted to dispose of—I bid him £4 for it, but he would not take it—he brought it back a few days afterwards, and I said I would not give him more than £3 10s.—he split the difference, and I gave him £3 15s. for it—he produced an invoice—he gave me this stamped receipt—I have seen Arthur with Frank at the publichouse.
Cross-examined by Frank Cozens. A dark man came with you—he did not ask to look at it and say it was not big enough.
THOMAS TASKER . I am a hay, straw, and corn merchant, of 1, Dart mouth Park Road—Frank was my manager—I know his writing—this order is not his usual writing, but I have had letters from him in that writing.
Cross-examined by Arthur Cozens. I have not got them, I have de stroyed them—you wrote various hands.
The Prisoner Arthur Cozens. I swear that that order is my writing, and not my brother's.
GEORGE COUCHMAN (Detective Y). On October 11 I took Arthur at Ferdinand Street, Chalk Farm, on a warrant charging him with stealing a set of harness, value £5, which I read to him—he said, "I did not steal them; there is the money now if he wants it"—I found this cheque book on him—Mr. Hawkins, who was with me, pointed to Frank and said, "This is the man who had the harness"—I said to Frank, "What is your name?" and he said, "Burt"—I told him I should take his friend in custody, and take him to Holloway Station, which I did, and he was charged—on the 18th I took Frank on a warrant at the shop where he is manager, and charged him with conspiring with his brother—I read the warrant to him—he said, "It is false; I have been expecting a subpœna to give evidence for the prosecution."
HARRY WHITE . I am a provision dealer, of St. John's Wood—I know the prisoner Arthur—I did not give him any order on October 4 for a set of harness, value £7, but he came that day and said that he had a set of white metal harness which he had bought for a customer, and he wanted money very badly, and asked me if I could get him an advance—I got him an advance of £8, and gave him £5 10s.—I was to have 10s. for my trouble, and, as he owed me £5, I paid him the balance.
Cross-examined by Arthur. I received the harness from you, and took it to Reynolds—I also received some sponges from you—I deny buying them; I borrowed money on them, which 1 handed to you.
CHARLES BENTLEY . I am a general dealer, and live at the Lord Nelson beerhouse, Globe Road, Mile End—I did not give an order to Arthur for three sets of harness last June, but they came by Parcels Delivery, and Arthur called for the money—I said, "I do not want any harness"—he called several times, and I said that I had not sold them yet—he said, "Have you got any gold which you can spare today?"—I said, "I have £5, "which I gave him for a cheque which he wrote—I sold one set of harness for £5 10s., but have not been paid; the other two sets have been returned to me.
Cross-examined by Arthur Cozens. Though I had not ordered them I kept them, because you asked me to sell them—I did not receive the invoice—I had a letter from the prosecutor, and one from you, and did not know which to answer—you said, "I am the master; you communicate with me"—I understood it was your harness—I put the black set on my horse—I did not drive you in my trap, with the set of white harness, to Caledonian Road, or ride with you on any occasion.
CHARLES POLLARD . I am a scale manufacturer, of York Road, King's Cross—on September 29 I received these two orders (From Arthur Clive Cozens, ordering two sets of scales, to be sent to 60, Chalk Farm Road, and stating, "I think it will be better for you to see my manager")—I delivered them on 4th October, at that address, to the manager and Mrs. Cozens, but refused to leave them without the money—they sent for Mr. Cozens, and Arthur came and paid me with a cheque on the Birkbeck Bank, for £5 3s. 9d., which was dishonoured, and returned on 7th October—I took it to Arthur the same day—he said he was sorry; there was some mistake; he did not know what it was, as he had paid in £20 the day previous, and £40 the day before, but he would give me another cheque, which he did, for the same amount—I paid that in, and it was returned marked "N. S."—I paid it in again on the 16th, and it was returned again on the 18th—I never got the money or the scales.
Cross-examined by Arthur Cozens. I heard that there was a meeting of your creditors—I am aware that the scales are in Mr. Cohen's custody, but I do not know that he is the trustee—I never had the offer to take them back.
FRANK LOMATH . I am a clerk at the Birkbeck Bank, Chancery Lane—the prisoner Arthur opened an account there on August 6th this year—I produce a copy of it from October 1—nineteen cheques came back in October—his balance on October 4th was £12 14s. 9d., as £12 was paid in that day—he drew three cheques that day: one for £1, one for a cheque book, 5s. 8d., and one for £2 10s; that did not leave enough to pay Mr. Pollard's cheque—the balance was only 2s. 3d.
Cross-examined by Arthur Cozens. The last payment to your credit was £5 on October 9th—Mr. Pollard's cheque was refused on the 7th, and came in again on the 9th, and again on the 18th, and there was not enough to pay it on any of those occasions.
The prisoner Arthur Cozens called MR. COHEN. You told me to see that every creditor was paid, with the exception of Mr. Pollard—I did not know he was a creditor; I told him he might have his goods back by paying the same amount in the pound as the other creditors—he refused to take the scales back—your orders to me were to offer all the goods back, but there was the expense of distributing the estate, 3s. 6d. in the pound—we did not pay the landlord any thing; we paid the solicitor £5, and I received £5—the landlord never gave me possession; we broke into the place.
Arthur Cozens, in his defence, stated that his brother, being a commercial traveller, gave him the order from Mr. Fry; that he took his word, and sent the harness, which never came back, and he never got the money; he maintained that Mr. White and Mr. Bentley both gave him the orders. Frank Cozens stated that his brother employed him to sell harness on commission, and when it was returned, not being large enough, his brother said, "Don't send it back to the firm; sell it, "and he did so, and got paid, and he considered he owed the money to the firm.
GUILTY . The Prisoner Arthur then
PLEADED GUILTY to a conviction of a like offence at this Court on 23rd June, 1884. ARTHUR COZENS— Seven Years' Penal Servitude. FRANK COZENS— Five Years' Penal Servitude.
OLD COURT.—Thursday, November 21st, 1889.
Before Mr. Justice Hawkins.
MR. FORREST FULTON Prosecuted; MR. BEARD Defended. The facts of the case being admitted, and medical evidence given as to the unsound condition of the prisoner's mind at the time she committed the act, the JURY found her
GUILTY but irresponsible for her actions. , Ordered to be detained during Her Majesty's pleasure.
MR. E. BEARD Prosecuted; MR. GEOGHEGAN Defended.
He PLEADED GUILTY to a common assault. Fined £10.
For other cases tried this day, see Essex Cases.
THIRD COURT.—Thursday, November 21st, 1889.
Before Mr. Common Serjeant.
33. FREDERICK WILLIAMS (41) PLEADED GUILTY ** to four counts for conspiracy with other persons to obtain money from certain persons by false pretences with intent to defraud, having been convicted of felony at this Court in May, 1885. Twenty Months' Hard Labour.
MR. MOORE Prosecuted; MR. PURCELL Defended at the request of the COURT.
NOT GUILTY .
MR. ROOTH Prosecuted.
NOT GUILTY .
MR. HUTTON Prosecuted.
GUILTY Strongly recommended to mercy on account of the state of drunken ness he was in.— .— One Month's Imprisonment.
MR. TYRRELL Prosecuted, and MR. PURCELL Defended Gibbons.
DAVID TATHAM . I am a bookbinder, at 43, Clerkenwell Green—on Saturday, 9th November, I was on Clerkenwell Green, behind the Sessions House, when I was caught from behind by three men—Phipps is the only one I can recognise—he came in front, and put his two hands in my trousers pockets and took out the contents: 9s. or 10s., two pocket knives, and a street door key—we struggled together—I lost sight of him for a few minutes, and then I saw him in the hands of a constable—a City policeman came up, and Haynes, who caught Gibbons—I did not hear Gibbons say anything—I did not see what became of the two men who had hold of me behind.
Cross-examined by Phipps. I was perfectly sober—I had had two or three glasses—I had been to my sister's—you put your hands in my trousers pocket.
Cross-examined by MR. PURCELL. I was seized from behind by two men, who got hold of each of my arms—after I had been robbed they did not all run away, Gibbons and Phipps remained—I am not swearing to Gibbons—Phipps remained after I was robbed; I took hold of him at the time—I kept hold of him as long as I could—he and the others got away—I met him in the hands of the constable; I recognised him directly—I fell to the ground as we were struggling—I and Phipps struggled heavily together, and another man was helping us—Phipps flung me to the ground when we were struggling; another man was
hanging on to me at the time; then I walked to where the trams stopped—Gibbons did not come up; I never saw him at all.
Re-examined. Phipps threw me to the ground.
By the COURT. I was shaken a good deal, I had no bruise or mark, but I felt it for a week.
WILLIAM GODDARD HAYNES . I am a furrier, living at 22, Northampton Square, Clerkenwell—on the evening of 9th November I was at the back of the Sessions House, Clerkenwell Green, coming down the hill, and I saw four men struggling—as I got near they appeared to separate, and the prosecutor had hold of Gibbons' coat—Gibbons wrenched himself away, flung the prosecutor on his back, and turned towards Clerkenwell Road; the prosecutor got on his feet and pursued them as well as he could—Phipps came to my side, and went towards Farringdon Road, and I followed five or six paces behind him—we all arrived at the corner about together, and the prosecutor said, "That is the man, "and I seized hold of Phipps—the other men got away—Constable Baynes came up at that time in answer to the first call for police, and seized hold of Phipps—then Gibbons came up and seized hold of my arm, and tried to pull me away from Phipps, of whom I had hold—Gibbons said, "What has he done? he has done nothing"—I said, "You can say what you have to say at Clerkenwell Station"—I gave him in charge to a con stable, who took hold of the two prisoners by their collars—some one blew a whistle; another constable came and took Gibbons—I went to the station, and charged them.
Cross-examined by MR. PURCELL. I am positive it was Gibbons who threw the prosecutor down—afterwards, when a constable in uniform had hold of Phipps, Gibbons walked up—if Gibbons had only come up at that moment he could not see what had taken place at the other corner of the triangle—I had never seen Gibbons before—when I saw the robbery being committed it was just at that time finishing, I thought—they were not very long under my observation.
ALFRED BOOTH . I live at 15, St. Alban's Buildings, Holborn—on 9th November I was at the back of the Sessions House, passing down Clerkenwell Road, when I saw Phipps and the prosecutor struggling on the ground—the prosecutor had hold of his legs—Phipps got away, and ran round towards where the trams stop—I went up to where they were, and saw Phipps taken to the station—I did not see Gibbons there.
WILLIAM DAVIS . I live at 19, St. Alban's Buildings, Holborn—on 9th November I was at the back of the Sessions House with the last witness—I saw the prosecutor and Phipps struggling on the ground; the prosecutor had hold of Phipps' legs, trying to pull him over, but Phipps instead of that pulled the prosecutor over, and ran off—I saw him caught at the corner where the trams stop—I did not see Gibbons till the policeman took him.
Cross-examined by MR. PURCELL. I saw Gibbons walk up when he saw Phipps in the policeman's grasp—I had not seen him before.
WILLIAM BAYNES (Policeman G 269). On 9th November I was at the back of the Sessions House—I heard shouts of "Police!" and "Murder!" and went to the spot as quickly as possible, and saw the prosecutor and Haynes holding Phipps and Gibbons—they were given into my custody for knocking a man down, and stealing 9s. or 10s. from him—I held the prisoners there; a gentleman blew my whistle, and a City officer came
up, and I handed Gibbons to him—just as I did so both prisoners threw some money away; a little boy picked up a penny and gave it to me—he is not here—Gibbons said he would put up with the assault, but not the robbery—Phipps said nothing.
Cross-examined by MR. PURCELL. When I came up both Gibbons and Phipps were there, I am quite certain—I had one in each hand—no other policemen were there when I arrived—it would not be correct to say that after I had Phipps, Gibbons walked up—I do not know that Gibbons took hold of the prosecutor and tried to pull him away from Phipps; I did not see him do so—I did not hear Gibbons say, "What has he been doing? he has done nothing. "
HENRY GILLARD (City Constable 367). On 9th November, at nine p.m., I was near the Sessions House—I heard a whistle blowing, and saw a crowd—I went towards it, and saw the prisoner and Haynes—I took Gibbons, who said, "I am done"—he dropped some money; I picked up one penny—I took him to the station—on the way, he said, "You can only have me for an assault"—I searched him at the station, and found half-acrown and sixpence in his left hand trousers pocket, 5 1/2 d. in his right, and a two shilling piece in his left hand waistcoat pocket.
Cross-examined by MR. PURCELL. I was in uniform—Gibbons said on the way to the station, "You can have me for the assault, not for the robbery."
Phipps, in his defence, said he had left his wife but a few minutes when he was arrested, and that Gibbons was a stranger to him; and he denied all knowledge of the matter.
GIBBONS.— NOT GUILTY .
PHIPPS— GUILTY .
Phipps then PLEADED GUILTY to a conviction of felony in April, 1889.
Ten Months' Hard Labour.
NEW COURT.—Friday, November 22nd, 1889.
Before Mr. Recorder.
MESSRS. GRAIN AND TRAVERS HUMPHREYS Prosecuted, and MR. WALKER
JAMES NORRIS CORNWALL . I am a sorter in the Foreign Parcels Department, General Post Office, and have been there thirteen years—my brother-in-law, Mr. Simpkin, is a law stationer, at 9, Union Court, Old Broad Street, as Felstead and Co.—I went to his office on October 14th, about 6 p. m., and found him there; we had some conversation, and both left and went to the Woolpack, Gracechurch Street, where we met the prisoner Barnes, and we all three went to the Red Lion, Fenchurch Street—Barnes beckoned to the barmaid and pointed, and she handed him a parcel which was on a shelf behind the counter—it was done up in newspaper, but brown paper was protruding—we all three went back to 9, Union Court, Barnes carrying the parcel; he opened it when we got there—I seated myself, and threw down the Daily Chronicle and
picked up an evening paper—I heard Christopher Hill's name mentioned, I think, by Barnes, and having heard my mother speak of the Hills, it struck me, and I turned round and observed more minutely what was going on, and saw on one of the parchments the words "Rew, Devon, "and on a bundle of papers, "Mr. Bulwer's Opinion;" also the word "Probate"—Barnes said to Simpkin that those were not all the documents, he had to receive two more parcels, and he could give no definite instructions as to what he desired done till his friend brought him the others, and arranged them in chronological order—he did the parcel up, and this newspaper was so much torn that he took the Daily Chronicle which I was reading, and wrapped them up in that, and said he should deposit the parcel at the railway cloakroom—we all three left, and he deposited them in the cloakroom of the arrival platform, which is a very isolated part, for safety, because they were of great value—when he handed them to the cloakroom porter he said, "They are only small boy's trousers"—I spoke to Mr. Francis Christopher Hill the same evening—on 16th October I went with Mr. Hill and Mr. Saville, a solicitor, to the cloakroom, Liverpool Street Station, and pointed out the parcel—I then went by myself to Union Court, and saw Barnes coming through the passage with three others; they all went into the Ship, in Wormwood Street—I then went in where they could not see me, and heard Barnes say, "This is a big job, and it is as good as gold; it is a matter of thousands; and when I once get the brass I shall go over the pond; I have two parcels to receive; they are a certainty; I am receiving them from a Chancery clerk, who is employed by a firm of solicitors who do a big Chancery business; there are two very old partners in the firm; I have been offended by one of them"—he also said, "This clerk has letters and documents in his possession, by which we shall be able to prove that old Hill was insane when he executed his will"—he said he was in a position to get old stamped parchments somewhere in Chancery Lane, and that he had two parcels to receive on the following Saturday, and he was going to get another parcel, which he had deposited at the cloakroom, Liverpool Street Station—he also said, "Soon after the Long Vacation, if you watch the newspapers, you will see another similar case to the Hill case, and I am to receive £100 for what I have prepared in the matter, and that his clerk was in direct communication with Mrs. Hill, jun."—I communicated what I had heard to Mr. Hill at his hotel, and was taken by Messrs. Humphreys and Son to the Mansion House, where I swore an information, and was examined as a witness.
Cross-examined by MR. WALKER. This is the parcel Barnes received from the barmaid; it has not been made into two parcels since; I pre some they were placed together; it was given to the barmaid, wrapped in newspaper, and when it was opened these documents were inside—I did not say at the Mansion House that he said that his clerk was in communication with young Mrs. Hill.
Cross-examined by Barnes. I had seen you about twice prior to October 14th—there was a change going on at the publichouse, or you would not have taken the parcel away—you did not say, "I want to write a letter to my friend to take the parcel back; I do not want to drag it backwards and forwards"—I did not ask you what was in it—the office is very small, about three yards long and two yards wide; I sat almost as near to the
parcel as I am now—there were two candles there, no gas; the parcel was between the candles—the glass in the door was broken—I kept it to myself that I knew Mr. Hill—I did not say that I knew old Hill was mad—I never touched the parcel in the office—I listened, because I knew the fishy transactions you have been previously engaged in, in passing off a fraudulent cheque; to have no safe, I have a small box, where I keep my title-deeds; I did not offer to take care of the bundle for you that I might put it in my iron safe—I found Mr. Hill's address by the Post Office Directory, and went to Aldgate, and saw his clerk, who took me to the First Avenue Hotel, between 5 and 6 p.m.—the bar of the Ship was shaped like the letter S, but it has been altered since; and I was in one of the bends, about three feet from you—the partition is about six feet high, but it acts as a splendid speaking gallery—I was on one side of the bend, and you and your crew on the other—you had the bar all to yourself at that end—I saw you again on the Saturday morning, as I was en route to the Mansion House to swear the information—Wednesday the 16th, was very wet—I swear that I heard this on Wednesday—I did not say before that it was on Tuesday—I did not come in and find you all alone, and say, "What a wet night it is!" and ask you if you had got the documents—that is a myth, a pure invention—I did not offer you money, and say, "I am not very flush this week; you shall have a few pounds in the morning"—that is absolutely false; I had no pounds to give away.
EMILY PAINS . I am barmaid at the Red Lion, Fenchurch Street—both the prisoners frequented the house—on October 14th Barnes came, and I gave him a parcel—somebody-had left it in my custody, and when he came I gave it to him—it was done up in newspaper, and tied up.
Cross-examined by Barnes. The house changed hands on the 14th, and you came and asked for the parcel—Miss Coultard did not tell me to give it to you—it had been there two or three days.
Cross-examined by Barnes. There was somebody close behind you—I put the tab on the parcel, and you put it under the string.
SERGEANT DOWNES (City Detective). I have had the custody of this matter from the commencement—I received a warrant against Barnes, and took him in custody at the bar of the Red Lion publichouse—I said, "Alfred Barnes;" he said, "Yes"—I said, "I am a police officer, and hold a warrant for your arrest; for stealing and receiving a quantity of deeds"—he said, "Can't you put it off till Monday?"—I said, "No, "and read the warrant to him, and he read it, and said, "I can tell you all about this; a man of the name of Sayers asked me to mind them for him, and I did so"—I said, "Yes, and you deposited them at Liverpool Street Railway Station; where is the ticket?"—he handed it to me, and said it had been a nuisance to him, and he wanted to get rid of it—he was charged, and I searched him, and found this envelope, addressed "Mr. Barnes, care of W. T. Sayers, 1, Shrubland Road, Dalston"—it contained these two papers, signed "H. and B., "for Henderson and Buckle—I believe them to be in Sayers' writing; they are supposed to be copies—on the 20th October I went with Scrivener, another officer, to 1, Shrubland Road, Dalston, and saw Sayers—I said, "We are police officers; I have
a man in custody on a warrant, for stealing and receiving a quantity of deeds, and he states that you gave them to him"—he said, "No; about four or five weeks ago Barnes came into the office of Henderson and Buckle, and picked up a bundle, and said, 'What are these? Oh, Hill's matter!' and took them away; I know I did wrong to allow him to take them away, but I looked on it as a drunken freak, he being half drunk at the time; some time ago he took a bill of costs from me, and I had a rare job to get it back"—I said, "Have you any documents by you belonging to your firm?"—he said, "Yes," and took me to a bedroom, and pointed to a large bundle of parchment deeds on a chair, about 220 altogether, in cupboard and on the chair—I asked if that was all—he said he thought it was, but I searched the cupboard; it was partially filled with other deeds—he said "They are easily explained; about eighteen months ago they were selling the waste paper, and a quantity of deeds were packed in boxes; I know Mr. Buckle did not know what he was doing; I took them home, intending to return them again; they were virtually sold, and were not property of the firm"—he then told me a long story as cheque transactions of Barnes, and I conveyed him to the station, and confronted him with Barnes, and said, "Is this the man you had the parcel from?"—he said, "Yes"—I said. "Sayers says you came into the office one evening and took it"—he said, "I did not steal them, neither did Sayers; they are conveyances and leases of different dates"—on the 27th I received this parcel from the railway, done up—here is "F. C. Hill, Esq., deeds of lands, Parish of Rew, Devon," on it.
Cross-examined by MR. WALKER. I am sure Sayers said, "Of, Hill's matter"—I said before the Magistrate that he said, 'Oh, Hill's affairs," it was "affairs"—it was not "Hill's bill"—I am perfectly clear about it, though I said "matter" instead of "affair"; there was nothing about "bill," only when he referred to the bill of costs which was stolen—I had in no way covered up the secret—none of the deeds found at Sayers' residence are the subject of this indictment.
Cross-examined by Barnes. I do not think you laughed when I told you the charge; you took it very calmly—at the sation I said you had beeter submit your statement in writing, and gave you the materials to do it—you said that you were taking care of the parcel for a friend, and when Sayers was brought in you made the same statement, without any hesitation.
HENRY EDWARD MARTIN . I am housekeeper at 24 and 25, Fenchurch Street—Messrs. Henderson and Buckle have an office there—when I went there in 1885 there were four or five boxes of deeds in the basement, which were taken into Henderson and Buckle's office in 1888, and left there—I had no more charge of them—I know Sayers as their clerk, and knew Barnes by sight—Barnes had not occupation there as far as I know, not any office in the place—I have seen him in the building talking to Sayers, and once in the office.
Cross-examined by Barnes. I only saw you once coming out of the office—I saw you once with a newspaper parcel with Sayers between 5 and 6 p.m. about three months ago.
JOHN MARRY . I deal in waste paper—in August 1888, I went to Henderson an Buckle' office, and was shown some waste paper in boxes and some on the floor—Sayers was there, assisting in sorting paper—I bought a lot for 10s. 6d.—I bought no parchment deeds, nor
do I remember any parchment being among it—I have seen all these deeds; they were not among it—all the paper I bought was destroyed at the mill.
Cross-examined by MR. WALKER. Mr. Buckle was present, but not all the time—I did not ask Sayers when Mr. Buckle was not present to let me have some of the parchment; I may have said, "Are these things to go?"
FRANCIS CHRISTOPHER HILL . These are deeds of property of which I am possessed—they were in the custody of Messrs. Henderson and Buckle, who acted for me and my father, as solicitors—no one had a right to take them away without my sanction—I have never given anyone authority to take them away or use them.
Cross-examined by Barnes. Cornwall communicated with me about October 14th or 15th; not personally—he said that he had reason to believe that documents relating to property of ours at Rew. in Devon, were in unlawful possession, and I went with him the next afternoon to the Great Eastern Railway—I cannot tell whether it was Wednesday; it was the day after the communication was made—he was not to receive any remuneration for giving that information, nor was any asked for.
FREDERICK BUCKLE . I am in partnership with Mr. Henderson, as solicitors, at 24, Fenchurch Street—Mr. Hill is a client of ours—Sayers was our general clerk—he has never received any authority from me to give these deeds out of the office to anyone.
Cross-examined by MR. WALKER. He was the principal clerk—he has been four or five years in our service—he has not had the chief manage ment of our office—he was next in authority to Mr. Henderson and myself—I can't say that it was his duty to advise clients in our absence, his principal business was attending to bills of costs and any outdoor business mere might be—in making out bills of costs he would have to refer to papers in the matters to which they related—we keep daybooks, diaries—my diary is a book—I enter the business I do in the day in it—it was necessary for Sayers to have recourse to the papers from time the time, to make out the bills of costs—he generally takes a vacation in September, and last time he left on a Saturday, about September 7, and was away a fortnight—he returned on a Tuesday—I daresay September 24th was the date—I think it probable that Mr. Hill's bill of costs was in Mr. Henderson's hands; Sayers was engaged upon it previous to going for his vacation, and it would be necessary for him to look at the papers in connection with Mr. Hill's affairs—Sayers had taken work home, I believe, previous to September,; he has said so sometimes, but it was not by our instructions—I cannot say whether it would be necessary for him, in preparing the bill of costs, to have by him the documents mentioned in this indictment; it was Mr. Henderson's business more than mine—I believe Sayers made a rough draft of a bill of costs in Mr. Hill's affairs before he went for his vacation, not so that it was sufficiently forward for another clerk to copy it; but he had done some work on it—it was partly in reference to an action of Ashdale v. Payne—while Sayers was enjoying his vacation I handed that to a clerk to copy some portion of it—that related to Christopher Hill—I have not given instructions to Sayers to get some person to take away some old deeds.
Re-examined. We do not sell people's deeds for waste paper—Ashdale v. Payne was in reference to some tithes in Aldgate; it had nothing to do with property at Rew, in Devon.
GEORGE HENDERSON . I am senior partner in the firm of Henderson and Buckle—I have been about sixty years on the rolls—Sayers was our clerk—he had no authority to remove these deeds and documents from the office, or to allow anybody else to do so—he was preparing a bill of costs against Mr. Hill in Ashdale v. Payne—that had nothing to do with any of these documents, nor would it be necessary for him to refer to them.
Cross-examined by MR. WALKER. I call him the outdoor managing clerk, he was not a bill of costs clerk, but it fell to his duty to make out the bills of costs in matters which he had the conduct of—there was a good deal of Chancery business at that time, and he had the outdoor management of that—he was not engaged as Chancery clerk but as general clerk, and I think I ought to say that he has shown great talent and energy in his work—he was settling a bill of costs just before he went for his vacation, in the affairs of Mr. Christopher Hill, who is an aged person, and has a large freehold property in Devonshire—I don't know much about it; it was rather under Mr. Buckle's management—he pays great attention to the bills of cost, and would know more about it than I do.
FRANCIS ARTHUR BROWN . I am a clerk to Messrs. Humphreys and Son, who conduct this prosecution—I served a subpœna on Mr. Baker, one of the firm of Montague, Scott, and Baker, on Tuesday morning at 10.30—I have seen him here today.
H. W. STICKLAND. I am managing clerk to Messrs. Gadsden and Treherne solicitors, of 28, Bedford Row, who are acting in the winding up of the estate of Mr. Thomas Mason, who died worth a very large sum of money—we are acting for the widow—on or about July 23rd this year I saw a person named Vokes at our office; he produced two deeds to me.
WILLIAM MARTIN BAKER . I am sole member of the firm of Montague, Scott, and Baker—I have received a subpœna from Mr. Humphreys to produce two deeds given me by Mr. Vokes—I have not got them—I parted with them in July or August to Mr. Clement Smith, a lithographer, of 317, Strand, who lends money on mortgages—I gave them to him my self—I sent to him yesterday, and again this morning—I cannot tell you why they are not here—he did not say that he would bring them—I have not been there since the adjournment, as I thought they might arrive in my absence—I went to get a clerk to come here—I wanted to be here when they were brought—I have no control over them whatever—I am solicitor to Mr. Smith, but not in respect to the matter in which he holds these deeds—I am solicitor to Mr. Vokes—I parted with them because he borrowed money on them—I will take a cab and try to get them.
H. W. STICKLAND (Re-examined). Vokes showed me two deeds relating to some property of Mr. Mason's; Mr. Henderson, a solicitor's name, was on them as one of the attesting witnesses—Vokes made a claim against Mason's estate—I had a conversation with him, and he came back two days afterwards—I saw him and the deeds twice, and several times without the deeds—in consequence of what he said, and from information given to me, I caused him to be watched after he left me—an action was pending against him for £200 on an IOU, upon which those two deeds were given as security.
Cross-examined by MR. WALKER. My firm corresponded with Henderson and Buckle in reference to those deeds—I do not produce the correspondence
—I think this is a copy of a letter I received from them (the letter found on Barnes)—Mr. Penfold is a solicitor at Westminster—Henderson and Buckle have acted for Mr. Mason for many years, but not for his widow.
Re-examined. This letter is a copy of the one addressed to Henderson and Buckle, and it was found on Barnes—I wanted these deeds—after Vokes communicated with me I went to Henderson and Buckle to get them—they could not find them—the first day he came he had not the deeds with him, and said he would call next day with them—he produced them on July 23rd, and on the 25th we wrote to him—he had not got the deeds, and we sent him for them, and he came back in about half an hour—Mr. Mason died worth £120,000—I have never seen Barnes in the matter, but Sayers has been in our office several times with regard to these missing deeds; he said he had been to see the surveyor employed by Mr. Penfold, and he had not got them, and then he said he had been to Hammersmith to try and find them—Vokes lives at Hammersmith.
HORACE LIDDON PRING . I am clerk to Messrs. Gadsden and Treherne, solicitors—I know Barnes by sight, and I may have seen Sayers, I am not certain—on 23rd July I received instructions to watch Yokes when he left our office—I followed him to the Radnor Restaurant, at the Holborn end of Chancery Lane—he went in there, and came out with Barnes in less than five minutes—on 25th July I met Barnes and Vokes coming down Holborn, and followed them to the Bell Tavern, Bell Yard, Fen church Street—after waiting ten minutes they were joined by another person, Sayers, to the best of my belief.
Barnes, in his defence, stated that he had the documents in his custody for his friend Sayers, and when he was arrested he immediately produced them; that he had them with no felonious intent, nor did Sayers steal them; and that Cornwall was telling a deliberate falsehood in saying that he (Barnes) propounded this to him; he complained that Felstead had not been called.
GUILTY .— Five Years' Penal Servitude each.
THIRD COURT.—Friday, November 22nd, 1889.
Before Mr. Common Serjeant.
39. FRANK LAWRENCE , Unlawfully taking Alice Lawrence, a girl under eighteen, out of the possession of Mary Garrett, with intent, etc. Second Count, for carnally knowing the said Alice Lawrence. Third Count, indecently assaulting her.
MR. HUTTON Prosecuted, and MESSRS. FULTON and MUIR Defended.
NOT GUILTY .
40. EDWARD HUDSON (26), BENJAMIN HESLOP (44), and ROBERT WOOD (48) (indicted with Walter Goldsmith, not in custody), For obtaining goods by false pretences from various persons, with intent to defraud. Other Counts, for conspiracy, and for unlawfully incurring a debt and liability.
MESSRS. GILL and A. GILL Prosecuted, and MR. TYRRELL Defended Hudson.
a grocer's and provision dealer's business being carried on, or of pickles and sauces being manufactured; it was a six-roomed private house—Heslop showed me, when I went there to make inquiries, some pickles in bottles on the floor of the front kitchen—I have seen him in the street with a basket, hawking sausages, pickles, and that sort of thing—there was scarcely any furniture in the house; children were lying on the floor—I cautioned him then about his mode of procedure, in consequence of the number of inquiries I had.
Cross-examined by Heslop. You did not tell me your manufactory was at the back of the house; I should remember if you had—there is no manufactory at the back of the garden.
By the JURY. There were two or three dozen bottles of pickles, which had been sent from the country—I was inquiring about those very pickles—I did not go into the garden.
Re-examined. I cautioned him two or three times, and told him he would be prosecuted if he did not discontinue the system he was carrying on—I did that for his good, as I knew he had a large number of children.
GEORGINA COLE . I live at 38, Spencer Road, and am the wife of Alfred Cole, a plumber—I know Heslop and Wood, who formerly lived at 36, the next house—Heslop lived there for two or three years—there was no shop there; it was a small six-roomed house—he used to make pickles—there are premises at the bottom of the garden, let out by the landlord to someone else—I don't know if the prisoner earned on any manufactory there; there was none there that I know of—a lawn tennis bat maker had the manufactory; the entrance is in Shakespeare Road—there was no pickle manufactory at 36, that I know of—I have seen Heslop and Wood about—I could not say what they did.
Cross-examined by MR. TYRRELL. I do not know Hudson; I never saw him before.
Cross-examined by Heslop. I have known you to make pickles in the house: I lived there at one time.
Cross-examined by Wood. It was a tenement house, and Heslop only had two rooms, the front and back kitchens—you only had the front parlour; there were other people upstairs.
By the JURY. It was between 1885 and 1886 Heslop made pickles there.
JOHN SPENCER . I live at Ferndale, Poole, Dorsetshire, and have been for the last two years manager to James Powell Godwin and another, trading as Godwin and Son, pork-butchers there—my principals advertised in the Grocer—about 11th September I received this document, requesting me to send a small sample and lowest trade terms—I saw the heading "Bought of George Heslop, Grocer and Provision Dealer, "and the address, and I believed the person was carrying on a grocery and pro vision business at that address, and in consequence I sent the sample and order form—I got back this order for sausages—I executed it—I after wards received these other orders from him, amounting altogether to £17 2s. 9d.—when I got the seventh order I received a request for a banker's name—I let him have the name, and then I received this bill for £12, drawn on 11th October, and accepted payable at the National Provincial Bank by Heslop—the bill rather overpaid my account at that time—while it was running he gave other orders, which we executed continuously—I believed when I got the bill that he had an account at this
bank—when the bill became due it was presented and returned "No account"—I have never been paid for my goods.
Cross-examined by MR. TYRRELL. My dealings were with Heslop—all the letters, I should say, were written by the same person, except the last.
CHARLES GEORGE BAKER . I live at Dunwood House, Stoke-on-Trent; I am a farmer, and breed poultry—in September I advertised in the county paper, "Fowls and ducks for sale"—I received an order, which I have since lost, on paper with a heading like this, for six fowls and two ducks, to be sent to Euston Station. (The heading bore the name and address, "Hudson, 19, Londesborough Road, Stoke Newington, London")—I believed the person ordering was carrying on a legitimate business, and wanted the goods for ordinary trade purposes—I received these two letters in connection with the matter. (The first letter asked for more poultry to be sent to Euston, and said that the hamper and a remittance should be sent promptly)—I sent five ducks and eight pullets. (The second letter acknowledged receipt, ordered more poultry, and said that when they were received a cheque for the fall amount would be sent)—I wrote and said that as he was a complete stranger I should like confidence to be established, and that I should like to be paid—not receiving any payment, I declined to part with any more fowls—the £3 16s. has never been paid.
Cross-examined by MR. TYRRELL. I advertised in the Staffordshire County Advertiser—the first order, which I have lost, was in similar writing to this—the letters are signed "Frank Hudson"—the prisoner Hudson is indicted as Edward—I know nothing of him—I cannot say if he wrote the letters—there is nothing more to make me think he is the man than that his name is Hudson.
SUSAN BISHOP . I live at 19, Londesborough Road, Stoke Newington—no person named Frank Hudson carried on any business there—I saw no person I knew as Frank Hudson on the premises—in September last Heslop rented two rooms from me at 5s. a week, and came there with his wife and five children—he was there from 19th September till he was arrested in October—I could get no rent from him—there was nothing to distrain on—there was no pickle manufactory at my place—Wood came there one Sunday afternoon—two letters came in the name of Hudson—my husband, in my presence, told Heslop he would not have that sort of thing going on—Heslop said he would alter it—we tried to get rid of them, but they remained till his arrest.
Cross-examined by MR. TYRRELL. Heslop did not have many people come to see him—Goldsmith never came to see him; I never heard of Goldsmith there—I never saw Hudson there, but a man who gave the name of Hudson, who was not the prisoner, came.
Cross-examined by Heslop. The house was empty a long time before we took possession—Mr. Bishop gave you permission to try and let some of that house off, because I think he could not let a house in Ball's Pond Road after he got possession of it—he left Ball's Pond Road at the half-quarter, I suppose; I was living there—I think you came on a Sunday, a week or a fortnight before you agreed to move in to 19, Londesborough Road, and spoke to my husband—you did not tell him in my presence that a person named Hudson had taken a back room.
Cross-examined by Wood. When you came with your Missus on the Sunday afternoon Mrs. Heslop was very seriously ill.
Re-examined. I saw there a man who called himself Hudson; he was not the prisoner.
JAMES WILLIAM STANLEY . I am a grocer, of Great Heywood, near Stafford—on 5th October I advertised in the Stafford Advertiser, with reference to a cob I had for sale—on 11th October I received this memorandum. (This was from William Goldsmith, of 214, Queen's Road, Dalston, and asked for full particulars and lowest price)—I answered, stating the price, and then received this letter of October 15th, saying a groom would be sent to meet the horse, and that a cheque would be sent on receipt of it—I believed the statements, and sent the cob to Euston, addressed to "Walter Goldsmith—afterwards I received this memorandum, "I will forward you the cheque tomorrow for the horse"—I afterwards saw my horse at the Green Yard.
ANNIE BEISHON . I live at 214, Queen's Road, Dalston—my husband, Max Beishon, is the landlord of that house—I let two rooms there at 4s. a week on the first floor to Mr. Wood; he lived there with his wife—I saw Goldsmith passing through the front garden three or four times, and once I opened the door and let him into the house in the evening—I could not say what he did there, I was told he was Wood's lodger, by Mrs. Wood, as she took the rooms—Goldsmith was there about a fortnight at a time—Wood had one room—there was a bed in the other, I cannot say if Goldsmith slept there—the police came to the house a day or two after Goldsmith left, it must have been—a lot of letters and telegrams came for Goldsmith; I gave them to Wood, or left them on the hall stand—none came for Wood—I had no transactions with Wood—no business was carried on there in the name of Goldsmith that I know of.
Cross-examined by MR. TYRRELL. I lived in the house—I never saw Hudson there; I know nothing of him—I never saw Stevens there, I only saw Wood and Goldsmith.
Cross-examined by Wood. Your Missus took one room first, and then Goldsmith wanted to lodge, and she took the other room a fortnight afterwards—I received 4s. one week, and then she said she could not keep the other room on, as Mr. Goldsmith had gone, and I let her off 2s.—I should think 6s. would be what I received altogether.
THOMAS KING . I live at 6, Clarendon Square, Somers Town, and am a porter at Euston Station—I remember a black cob arriving at Euston by the 3. 10 train, consigned to Mr. Goldsmith—about five o'clock it was delivered to two men, one of whom gave the name of Goldsmith, and the other was Wood.
Cross-examined by Wood. You did not sign for the horse; you waited for Goldsmith to come round, and he signed for it.
EMANUEL KNOTT . I am foreman horse-loader at Euston—on 16th October I remember this black cob arriving, consigned to Mr. Goldsmith—I saw it fetched away the same afternoon by Goldsmith and Wood—Goldsmith signed for it—I have no doubt about Wood.
HENRY JOYCE . I live at 2, Gloucester Terrace, Islington, and am a horse-keeper—on the 2nd November I saw a black cob tied to some railings in Cloudesley Square, Islington—no one was in charge of it—I sent for the police, and it was taken to Liverpool Road Green Yard, where the owner saw it.
my attention was attracted to an advertisement in the Exchange and Mart—I wrote to the address, Mr. Edwards, 44, Mortimer Road, Kingsland, and received this letter in reply (This was on a memorandum form similar to that sent to Mr. Stanley, and said he would accept 10s. and gold studs, or 17s. 6d. and a clock for the barometer, which was worth £2 10s.) I believed that a genuine letter, and sent my gold studs, of the value of 25s.—I received in reply this memorandum from James Edwards, saying he had received the studs, but that as they were not worth 10s., he must have a P. O. for 15s., and on receipt of that he would send the barometer, or else he would return the studs—I wrote and asked for the studs back—I received this memorandum, saying Mr. James Edwards had been called into the country through the illness of a relative, but that he would reply when he returned—after the prisoners were in custody, and had been charged, the studs were sent to me by post.
Cross-examined by MR. TYRRELL. It is a plain memorandum form, no name is printed on it—the advertisement offered a barometer for sale for cash, I advertised studs in exchange—someone wrote in the name of Edwards, and said he wanted 15s. in addition to the studs—we were both advertising; I don't know if he answered my advertisement or I his—I wrote in reference to the barometer—I don't think the barometer you have would answer the description of the bronze barometer, because I believe he told me it was a round one, and this is not round.
HENRY JOSEPH TORY . I live at Sturminster, Wimborne, Dorsetshire, and advertise butter, pigs, bacon, etc., in the Western Gazette—I received this memorandum, asking for the price of bacon and pigs; I sent my prices—afterwards I received this memorandum (This asked for a pig over ten score, at 8s., to be sent as a sample)—I believed the person was carrying on a genuine business, and that it was required for trade purposes—this label, "Walter Goldsmith, Waterloo Station, till called for, "was enclosed in the letter—I forwarded a pig of sixteen score, value £7, and advised him of it—the letter was returned marked "Gone away"—the police communicated with me as to the delivery of the pig.
THOMAS SMITH . I live at 17, Walton Terrace, South Lambeth Road—I am a carman in the service of the London and South-Western Railway—on Wednesday, 23rd October, I delivered the carcase of a pig at 214, Queen's Road, Dalston—I saw Wood there, and I said I had a package of pork for Goldsmith—he said Goldsmith had moved—I asked if he could tell me where he had gone; he said, "No"—I asked if he was a, butcher; he said no; he (Goldsmith) was a commercial traveller—214, Queen's Road, was a private house, with no appearance of a pork butcher's business or anything of that kind.
JOSEPH WHITE . I am inspector of the railway police at Nine Elms. Station—on 23rd October I had information about there being something wrong with the carcase of a pig—about six o'clock Hudson came to Nine Elms—I said to him, "Have you come for a pig?" he said, "Yes"—I said, "Is your name Goldsmith?" he said, "No"—he handed me this piece of paper (The paper said, "Please deliver to bearer one pig sent out yesterday to Goldsmith, Queen's Road, Dalston, from Tory, etc., and was signed Walter Goldsmith)—I said, "Is this Mr. Gold smith's authority, and did he send you?" he said, "'Yes "I said, "Come along, and I will see about the pig"—when I got him to the office I asked him for his name and address—he said, "Edward Hudson,
44, Mortimer Road, Kingsland Green"—I wrote that down on paper—he said, "It appears to me there is a good deal of fuss about this pig"—I said, "Yes, the pig has been taken out for delivery, and the party to whom it was consigned does not appear to live at the address given"—I then asked him in whose employment he was, and he wrote down on the paper, after his name and address, "Leyton, Mildmay Road, Dalston"—I communicated with Detectives Nursey and Brown, who were in the next room—Nursey said to the prisoner, "Who sent you for the pig?" he said, "A man in Mr. Leyton's yard"—I said to him, "You told me Mr. Goldsmith had sent you"—the prisoner said, "I have not spoken to that gentlemen before, "meaning me, and then he said, "Oh, I beg your pardon, you had not got that cap on"—he signed the paper with his name and address on it.
Cross-examined by MR. TYRRELL. I was in uniform, but I borrowed Brown's hat and covered my tunic with a mackintosh when I first spoke to him—I did not tell him I was a constable—I cannot say if he knew it—he produced a written authority, purporting to come from Goldsmith, for the delivery of the pig—afterwards when I saw him in the office he said it was a man in Mr. Leyton's yard, and that he was employed by Mr. Leyton—I made no inquiries at Leyton's yard; I cannot say if any were made—I have not discovered whether his father's address is 44, Mortimer Road.
RICHARD NURSEY (Detective Sergeant J). I received information and complaints with regard to goods that had been sent, and I made inquiries—I first saw Wood shortly after midnight on 20th, at 214, Queen's Road, Dalston, where I found he occupied two top rooms—I said, "Wood, I am a police-officer; I come to see you with reference to a man named Goldsmith; are you Goldsmith?"—he said, "No, Mr. Goldsmith is a lodger of mine"—I said, "Do you know anything about him, or where he is?"—he said, "No, I have only known him about a month; I met him casually at the Crown and Castle publichouse, Kingsland Gate, and he came and lodged with me occasionally"—I said, "A number of letters and telegrams have been received for him, I am told"—he said, "Yes; he told me he was a commercial traveller"—I said, "A horse has been obtained, a black cob from Stafford, by a man writing in the name of Walter Goldsmith"—he said, "I don't know any thing about any horse or cob, neither do I know anything about his business, or where to find him; if I can find him I will let you know"—I then left him—on 24th I received information, and went to Nine Elms Goods Station, where I saw the carcase of a pig, consigned to Walter Gold smith, Queen's Road, Dalston—I kept observation to see who came there, and about six p. m. Hudson was brought into the office by White—I made this note at the time—I said to him, "I am told you are applying for the carcase of a pig, which has been obtained by fraud; can you explain this?"—he said, "A man named Goldsmith came to me at Leyton's stables, Mildmay Road, Dalston, and employed me to fetch this pig; I don't know who he is; I have never seen him before; he is waiting there for me to take it back"—I said. "From what I know of you I don't believe your statement, as other things have been obtained in a similar way; a black horse was obtained the other day"—he said, "I don't know anything about it"—I took him to the Dalston Station, and searched him—I found in his coat pocket this memorandum (This was from
James Edwards, 44, Mortimer Road, Kingsland, to Brown, dated 17th October, and saying he was in receipt of the gold studs; it was almost identical with the memorandum already read)—I said, "I have seen this handwriting before"—I considered it was in the same writing as the memorandum in the horse case, which professes to be written by Stevens, and also memorandum "M"—all of the memorandum forms were made at the same time and by the same printer; I have looked at them closely—I saw Wood again on the 26th; I called at his house, and asked him if he had seen Goldsmith—he said he had not seen him since, and did not know who he was—on 31st I arrested him in Dalston Lane, about half-past nine p. m.—I searched and found on him keys in his pocket—in his room I found a trunk, in which I found paper headed, "Frank Hudson, 19, Londesborough Road, Stoke Newington"—I afterwards said to Wood, "I found some notepaper in your box last night, in the name of Frank Hudson, 19, Londesborough Road, Stoke Newington"—he said, "I don't know anything about it; someone must have put it there"—one of the keys I found on him opened the trunk"—when I said I knew the writing on the memorandum relating to the studs, he said, "That is my writing; I admit having had those studs, but I know nothing of anything else,"
Cross-examined by MR. TYRRELL. Hudson gave the address 44, Mortimer Road—his father lives there—the prisoner's name is Edward Hudson—he does not live there, but at 9, Ridley Road—I was told he had a child lying dead there—I did not go into the house 44, Mortimer Road—I don't know that he was employed at Leyton's; he used to go backwards and forwards there—it is not a livery stable, but a horse coper's; a dealer in old horses.
Cross-examined by Wood. I believe you said something to the effect that Goldsmith had put the papers in the trunk.
JOSEPH HELSON (Police Inspector J). On the night of 24th October I ac companied Nursey to 19, Londesborough Road—I saw Heslop there in Bishop's company—I requested Heslop to accompany me to Dalston Police-station—I had previously seen Hudson at the station—both Hudson and Heslop were charged at the station on a warrant with obtaining a horse, value £27, from Mr. Stanley, and a carcase of pork from Mr. Tory, of Borley Gate, value about £7, and I told them, in addition to that, they would probably be jointly and separately charged with obtaining goods from different parts of the country—neither of them said 'anything—on the night of 31st October I was with Nursey when Wood was arrested in Dalston Lane—he was brought to the station, and I told him the charge; I mentioned the names of Hudson and Heslop—he said, "I do not know either of them; I only know Goldsmith; I only wish I knew where to find him."
Cross-examined by MR. TYRRELL. Hudson gave the Christian name of Edward—Leyton's stables are very well known; it is a horse coper's place—I don't know if he takes in horses at livery.
Cross-examined by MR. TYRRELL. I am landlord of the house; he lodged there in two rooms, a bedroom and a sitting-room—on 24th October his only child was lying dead there—his wife was there.
Witness for the Defence.
WILLIAM HUDSON . I am an accountant; I live at 44, Mortimer Road,. Kingsland—I am Hudson's father—I have had this barometer in my custody and control since January last—on 15th October it was in my possession; it belongs to my son—he has advertised it for sale in the Exchange and Mart, with other articles which I also had—some time in October he received some studs, about a week or ten days before his arrest—he has been employed at Leyton's stables in letting out horses and traps.
Cross-examined. I am not in business as an accountant now—I have had many years' experience as a law accountant in keeping solicitors' books—the last time I did accounting was for the firm of Lee and Mold in Carey Street; it is five or six years since they were in existence—I have worked for others since then—Leyton has traps and horses, whether on livery or not I cannot say—I believe my son was employed there—I have seen him there once, perhaps three months ago—he told me he was employed there, and I had no reason to disbelieve him—whether he was a daily or weekly servant I don't know—I had these things in my possession to take care of for him, so that if anyone desired to see them they could call at my house and see them if he was away from home—I did not advertise them, because I did not take on myself the trouble of answering advertisements—it is a common thing for people to advertise in different names to their own—my son's Christian name is Edward; I cannot say why he called himself James Edwards—the things were meant to be delivered—I don't know what became of the spaniel; it was in existence then—I had it in my house some days—it was a puppy—Leyton lost it, I believe—I have the carpet still and the riding-whips; I am open to sell them—my son obtained the barometer from Hughes, of Holmesdale Road, Reigate, in exchange for a white quilt—I was living then at 3, Dalston Lane—the police visited me on one occasion when I lived at Boville Road about a trap belonging to my son, which was left in the street; they wanted to know to whom it belonged, and my son got it from the Green Yard—my son has had the barometer about three years; he gave it into my possession in January—two ponies were got by advertisement; I had nothing to do with it—my son hired the house and stables where they were; I was my son's lodger at the time—I did not see the police when they came about the ponies—these memoranda to Mr. Brown are in my son's handwriting; I know he had a book of these memoranda forms—these forms are identical apparently, and the forms in the pig case appear to be identical with them—I saw the detective who came about the ponies in the stable as I was passing by; I had no conversation with him.
Re-examined. My son has two rooms in Ridley Road; I took care of some of his things—I have been out of occupation for some considerable time.
Heslop, in a written defence, said he had made pickles, and that as he was selling Champion's vinegar they printed the invoices for him; that he had no business with Wood; and he denied having made any false pretences.
Wood said his misfortune arose through taking Goldsmith into his employ ment; he denied knowledge of the horse.
GUILTY Wood was recommended to mercy by the Jury as they considered he had been Goldsmith's cats paw. .
WOOD.— Six Months' Hard Labour , HESLOP and HUDSON.— Twelve Month' Hard Labour each.
OLD COURT.—Saturday, November 23rd, 1889.
Before Mr. Justice Hawkins,
MR. MUIR Prosecuted, and MR. PURCELL Defended.
MARIA HAYWARD . I am the wife of Charles Hayward, of 92, Exmouth Street—I have known the prisoner about thirty years—he is my cousin, but I have not seen much of him—I met him at a funeral about two years ago—since then I have been in the habit of meeting him; at first with my husband's knowledge, afterwards without—on 16th October I met him in Watney Street about twelve—a young man was with him; I don't know his name—Mrs. Maynard was with me—we all four went to several public-houses, where we remained all day, till five or six in the evening—we were all drunk—we went to Mrs. Maynard's, and had some more drink—Mrs. Maynard went out two or three times, and brought in more drink—I can't remember whether the young man went out with her the last time—I remember the prisoner and I being together in the room; we were having some bread and cheese—he had a knife—he called me a fearful drunkard, and said I ought to be ashamed of myself—I hit him with my hand in the face or back; I can't remember which—I don't re member what he did—I don't remember anything—my neck was bleeding—it was an accident.
SARAH MAYNARD . I am married, and live at 97, Stepney Green—on 16th October I was with Mrs. Hayward and the prisoner—we went to several public-houses, and then to my house—my husband was not at home—after a time I and the young man who was with the prisoner went out, leaving the prisoner and prosecutrix together—we came back in about six or seven minutes—I saw Mrs. Maynard's throat bleeding, end a large bump on her hand—the prisoner was standing about a yard and a half behind her—I went out to look for a policeman, but could not find one—when I came back they were still there—as we went towards the hospital we met a policeman, and the prisoner was given in charge.
NOT GUILTY .
NEW COURT.—Saturday, November 23rd, 1889.
Before Mr. Recorder.
WATTS also PLEADED GUILTY to a conviction at this Court in September, 1887. THOMPSON was further charged with a previous conviction on 15th February, 1879.
WILLIAM PARROLL . I am a warder of Pentonville Prison—I had Thompson in my custody—he was convicted as Frederick Edwards in February, 1879, of larceny from the person, and sentenced to six months'—he has also been convicted of unlawfully uttering counterfeit coin.
Thompson. The conviction is right, but it was in 1874 or 1875, as Thomas. Edwards, not Frederick.
GUILTY.— Five Years each in Penal Servitude.
MR. BYRON Prosecuted; MR. LYNE appeared for Crinian; MR. GILL, JUNE, for Saunders; and MR. SANDS for Beal. THOMAS ROWORTH. I live at 9, Clipston Street, Fitzroy Square—on 19th October, Saturday, about 11.50, I was in the King's Head, Little Goodge Street, and saw all the prisoners—three of the male prisoners were standing near me, and Saunders and Arthurs were sitting at the back, and they did not speak to me—the three who were near me asked me to pay for some beer for them—I said, "I have no money left"—they got rather angry, and one of them said, "I expect it is only a Waterbury"—I said to O'Shea, "What's the game? you cannot get anything from me, because I have got nothing, "and left the house—I had not got more than two yards before I was attacked and struck on my eye from the side—I saw O'Shea on my right, and saw his hand go away, and Beal struck me on my face—I turned round, and saw several others coming out of the publichouse—I ran up Little Goodge Street, where I was attacked by several, and knocked down and kicked; several hands, were trying to get my watch—Saunders struck me on my face—Crinian was there, and Arthurs was assisting in trying to get my watch—I got up, and struggled with them, and got away, and ran a short distance, but was caught in Tottenham Street, and knocked down again, and several hands tried to get my watch—I saw Arthurs' hand, and felt a jerk—they all kicked me while I was on the ground, and knocked me about—Barber arrived just as Arthurs was running away, and I pointed her out—he pursued her, and brought her back—I charged her, and a gentleman Drought me my watch—on 23rd October I saw a number of men together at the station, and picked out Saunders and Crinian—Beal was there, but I did not pick him out—when I saw him at Marlborough Street I was positive he was the one who struck me with O'Shea—I also recognised O'Shea at Marlborough Street; he is one of them—I had a very black eye, my jaws were swollen on both sides, and I could not eat any thing for two or three days; the back of my head was cut open, I was kicked on my hip, so that I was lame for several days, and I had several bruises on different parts of my body.
Cross-examined by MR. LYNE. I have known O'Shea for years; we both worked at Schweppe's factory, but it is divided, and he works downstairs—we did not drink together when I went in, but he picked on me, and asked me for some beer—we did not have a fight in the house, nor did they turn us out—I had been drinking, but knew perfectly well what I was doing—I had been in the Tiger in the afternoon in Wells Street; I had a glass of mild ale there, and then went for a walk—I left home about two o'clock—I then went to the Sun, in Newman Street, where I had two or three glasses; I was there from 4 till about 11 p. m.—I saw Crinian in the bar, but he did not speak to me; I did not see him when I was attacked first; there were only two there then—on the second occasion they all struck me; there were a dozen of them, not a hundred—I was in a condition to identify them—I did not fall down; I was knocked down—I did see Crinian's wife fetch him from the publichouse; I had never seen him before.
Cross-examined by MR. GILL. I get my wages on Friday evenings—I had been paid the night before—I left work at one o'clock on Saturday, I then had about 8d.; I had none of that left when I arrived at the' King's Head, but I borrowed 1s. and had 6d. or 8d. left—neither Saunders nor Arthurs spoke to me; they took no part in the quarrel at the publichouse, but Saunders came out as soon as he could—I told the Magistrate I had had a glass or two, and he put down "Not sober. "
Cross-examined by MR. SANDS. I had never seen Beal before—there were several other persons at the publichouse—the blows were struck by persons coming after me, and I ran away as quick as I could—the nearest lamp was fifteen or twenty yards off, but there was gas in the publichouse window on each side—I identified two men out of twelve at the station, Saunders and Crinian—I saw the five prisoners in the dock at Marlborough Street, and recognised Beal.
Cross-examined by O' She. You were on the spot when my watch was taken—we did not have a quarrel outside the house, nor did I want to fight.
JOHN BARBER (Policeman D 430). On 19th October, a little before twelve o'clock, I was on duty in Little Goodge Street, and heard cries of "Stop thief; murder; police!"—I went into Tottenham Court Road, and saw the prisoner Arthurs running away—I ran after her into Little Goodge Street—there was a very large crowd—I was tripped up twice, but I took her as she turned the corner of Tottenham Court Road and Little Goodge Street—I saw her hand go in this way, as if she threw something away—when I took her about 100 people Were about; their attitude was very violent and threatening, and there were cries of "Rescue her! don't let him lock her up"—I held her against a wall, drew my truncheon, and prevented the mob rescuing her—in a few minutes Walsh brought Roworth, and at the same time a gentleman handed this watch to Roworth, which he had picked up near where we were standing—I was unable to get his name and address—I took Arthurs to the station; she was very violent on the way—when the charge was read over she said she knew nothing about it—on 22nd October I took Crinian at a skittle-alley at the King's Head publichouse, Goodge-street—I was in plain clothes—they asked me to have a game, and make one of four—I had another constable outside, and I sent him in to see if Crinian answered the description—he came back, and was not quite certain—I went in, again, and said to Crinian, "I shall take you to the police-station, I am a police officer, on a charge of assaulting and robbing a man in Totten ham Court Road on Saturday night, the 19th"—he said, "I did not take the watch, you know, but I will explain myself tomorrow morning"—I took O'Shea on the 23rd at 1.30 a. m., and told him the charge—he said he knew nothing about it, it was a mistake—Roworth had been drinking, but he was not drunk—he knew very well what was going on, and identified his watch—there is a dent in it where it was bruised.
HENRY WALSH (Policeman D 452). I was on duty on 19th October—heard cries of "Stop thief!" from Tottenham Street, and saw Roworth lying on his back on the footway, and a large crowd round him—I picked him up, and was hustled by the crowd—I drew my truncheon—I took Roworth into Little Goodge Street, and saw Barber holding Arthurs—Roworth said, "That is the woman who took my watch, "and a gentleman handed it to him—on 22nd October I took Saunders at the
King's Head publichouse about 11.15—I told him the charge—he said, "I know nothing about it"—I was present when Barber arrested Crinian.
JOSEPH HOLCOMB . I manufacture harps and pianos, at 43, Bernard Street, Oxford Street—I was in Goodge Street between a quarter to twelve and twelve o'clock, and heard cries of "Police!"—I ran into Little Goodge Street, and saw Roworth on the ground, and Beal and Saunders, close to him in the mob—I saw Saunders strike him, and Beal trying to get nearer to him, and there were cries of "Boot him!"—I saw O'Shea strike Roworth in the face—Roworth then got on his feet, and ran as far as Tottenham Street, where he was knocked down again and brutually kicked about the face and body, and Arthurs put her hand in his breast pocket and took his watch—I had some things which did not belong to me, and I thought it better to keep out of the crowd—I saw Arthurs arrested—there was a great crowd, which hustled the police, and tried to throw them once or twice; the male prisoners took part in that—I picked out Beal and Saunders on the 22nd, and identified O'Shea in the dock at the Police-court on the 23rd—I have seen the male prisoners many times before, in fact they are a terror to us tradesmen in the neighbourhood.
Cross-examined by Mr. GILL. I did not pick out Crinian, though I believe he was there when I picked out Saunders—I had not seen Saunders or Beal before that Saturday night, to my knowledge—Saunders was well known to me as one of the gang—I gave a description to the police—I have only given evidence in one case before—a lot of backs of houses look upon Goodge Street, but there are some shops which were just closing—a fish-shop was just closing, and there was a boot-shop, and the King's Head at the corner, where the lights were not out, and there was a lamp not far off—Little Goodge Street takes a bend, and the King's Head is right round the corner; it has two fronts—this assault took place in the bend.
Cross-examined by MR. SANDS. I live in the neighbourhood, and the prisoners are a terror to it; but I have no vindictive feeling against them—I am sometimes disturbed by them—there were forty or fifty people round Roworth—I knew two or three of them by sight—Beal was pushing to get near him, and the crowd was surging about—I told the police who the people were whom I knew by sight—twelve or fifteen people were present when I identified Beal and Saunders, but my eyes are rather bad at night, with gaslight close to my face, and I am obliged to wear glasses.
FANNY ARTHURS . I am a sister of the female prisoner, and live at 19, Green Street, Tottenham Court Road—I am a tailoress—on Sunday morning, October 20th, about 1.30, O'Shea rang the bell; my mother went down, and came up and called me up—I went down, and he said, "Your sister is pinched"—I said, "What is she pinched for?"—he said, "For taking a watch and chain"—I said, "You are fetching my sister to something, ain't you?"—he said, "I was there, and set about the man too."
ANNIE ARTHURS . I am the mother of the last witness—on this Sunday morning I noticed O'Shea standing outside—he said, "Tell Fanny I want to see her"—I went up and awoke my daughter; she went down, and I was on the stairs and heard what he said—he said, "I have only come
to tell you your sister is pinched"—she said, "What for?"—he said, "For a watch and chain"—she said, "You are bringing my sister to something"—after that he came to my door and tried to force it open, and said if he got my youngest girl he would kick her guts out; that is Fanny—he is a terror to the neighbourhood.
Cross-examined by MR. SANDS. I took Beal from a description, and his brother George was arrested on the same description—they are like each other; he was not identified, and was discharged.
FRANK TRACEY (Policeman D 415). On 20th October, about 12.30 a.m., I saw Beal in Tottenham Court Road, after the disturbance—I said, "Beal, what are you doing?"—he said, "Nothing"—I said, "You had better go away"—he went up Tottenham Court Road, Hampstead way—I have known him for the last four years.
Cross-examined by MR. SANDS. He has a brother—I will swear it was not his brother I spoke to.
Crinian, in his statement before the Magistrate, said that he was earning a few halfpence by setting up skittles in the publichouse, and saw the prosecutor there, but had no quarrel with him, and did not speak to him. Beal stated that he was drinking with Mrs. Arthurs, and then went to Chalk Farm, and then to Somers Town, and was not near the row at all. O'Shea stated that at 11. 45 he saw Roworth intoxicated at the King's Head, and taking liberties with the prisoner Arthurs; that they quarrelled and fought outside the house, and that Roworth tried to kick him in the privates, and he struck him in self-defence, but did not see anyone else strike him; and hearing that Arthurs was locked up, he went and told her mother. Arthurs stated that Roworth took liberties with her, and O'Shea came up and saw him talking to her.
JOHN NICHOLLS (Policeman D 446). On 19th October, at 11.15, I was on duty near the King's Head, and saw Beal creating a disturbance, and asked him what the row was about—he said, "It is all over now, sir"—I advised him to go away, which he did with three others—he went to Rathbone Place, where I lost sight of him—I knew him before by sight.
Cross-examined by MR. SANDS. I cannot swear to the persons who were with him—I fix the time because I take notice when I see him or any of his gang about—I know his brother—I do not know Mrs. Arthurs—there were females there, but I cannot say whether she was one of them—this was some time before the disturbance—it was two or three minutes' walk from the Duke of York—you can go to Camden Town that way if you wish—I made no written note of the time I saw him—I looked at the publichouse clock—I had been on duty about an hour and a quarter; I went on duty at ten o'clock—I am prepared to swear to the time within a quarter of an hour—it was after eleven; between eleven and 11. 15.
Cross-examined by MR. GILL. Little Goodge Street takes a turn at right angles to itself—the King's Head is just at the corner, and has two fronts—it faces Goodge Street and Little Goodge Street also; it is at the corner of the bend.
Re-examined. The Duke of York is about fifty yards from the King's Head.
HENRY KEELEY. I am a porter, of 15, Pitt Street, Tottenham Court Road—on the evening of October 19th I went to the King's Head skittle alley Crinian was there putting up the skittles—when the alley closed and had a drink—his wife was in the bar with a child—they left, with me, and we went together a few yards round the corner, where there was a row—Crinian took no part in it; he stood with me and looked on—I saw him in the skittle-alley on the following Monday and Tuesday.
Cross-examined. The row commenced inside the private bar, and they went outside to fight it out, and we followed them—O'Shea and Arhturs were there, and there may have been a dozen people—I kept with Crinian till we went home, which was a quarter of an hour or twenty minutes—I never lost sight of him—Mr. Crinian asked me to come and give evidence—I knew that he was in custody asked me to give evidence at the Police-court, because I was at work, and could not get away—I have no regular employment now, but I had for 2 1/2 years; I had a week's notice on the night this occurred, because work got too slack; it was not because I got mixed up with this affair—this happened in the night; I had notice to quit the same day, and left the following week.
By the COURT. I saw the prosecutor knocked down, but did not see him struck—I saw Arthurs run away—only one man attacked Roworth, O'Shea; he and Roworth fought; we remained standing there—it was not all over when we left; they went to Tottenham Street out of my sight, and returned—Roworth was running, and about twenty were running after him.
Witness for Saunders.
MARGARET BARRY. I am single, and live at 13, Fitzroy place—I know Saunders—I remember his being arrested on a Tuesday—I was with him and Mrs. Carroll on the Saturday before that at the King's Head publichouse at 10.30—I did not see Roworth there while I was there; we left at 11.15, and went to the Goat and Compasses at the corner of Euston Road; it took us a quarter of an hour to walk there—we stayed there till closing-time, and Saunders and I went home—I live with him—I was nothing of the row, and did not hear of it till the next morning.
Cross-examined. I am a tailoress—Saunders lives with me as my husband—we are not married; I did not give evidence at the Police-court; I went there, but did not go into court—they would not let me in, because the baby was crying.
RUTH CARROLL. I am the wife of Edward Carroll, of 11, Fisher Street, Holborn—on the Wednesday after this Saturday I was with Saunders and Margaret Barry, at the King's Head; we left at 10. 30, and went to the Goat and Compasses and stayed there till it closed, and then went home, which was only two minutes' walk—that is away from the King's Head.
Crinian's Defence. All through the evidence they have not accused me of striking the man; I admit I was in the pub; I have a reason for being there night after night.
O'Shea's Defence. Is it likely I should interfere with this man after knowing him so long, and working with him? As to his watch, I know nothing about it.
CRINIAN— NOT GUILTY .
ARTHURS— GUILTY , Nine Months' Hard Labour.
SAUNDERS and BEAL— GUILTY .
They then PLEADED GUILTY to previous convictions at Clerkenwell, Saunders on 19th December, 1887, in the name of Charles Ives; and Beal in May, 1887— Eighteen Months' Hard Labour each, and twenty strokes with the Cat.
O'SHEA— GUILTY , Twelve Months' Hard Labour and twenty strokes with the Cat.
MR. GILL, JUN., offered no evidence.
NOT GUILTY .
ELIZABETH STAR . I live at 24, Parkes Street—on 11th October, about 1.30 a. m., I was in Holborn, and saw the prisoners and four others—I saw them knock down a gentleman in evening dress, who had a chain across his waistcoat, which disappeared, and they went towards Holborn Viaduct, leaving him on the ground with the three others—I followed the prisoners and a third man, and saw a policeman stop them, and I said, "Those are the two men"—he said, "What do you mean?"—I said, "A gentleman has been knocked down and robbed"—he took the two prisoners across the road by a publichouse, and asked a gentleman there if he had been robbed—I said, "No, that is not the gentleman, it was a gentleman in evening dress"—I did not say at the station that I could not recognise the prisoners; I never lost sight of them till they were taken in custody.
Cross-examined by Smith. I did not say at the station that you were not the men.
Cross-examined by Brooks. I did not see the policeman till after the robbery—it was in following you that I met the policeman—I did not say at Bow Street that I saw you deliberately knock the gentleman down and take his watch.
By the COURT. This was between New Turnstile and Queen Street—I did not follow them all the way from there to the Viaduct—they were going towards the Viaduct—I did not know them before.
MINNIE HURT . I live in the same house as the last witness—I was with her in Holborn on the night of 6th October, and saw six men knock down a gentleman in a dress suit, who had a chain across his waist coat—he said, "Leave me alone, you have got all I have; I have no money"—I saw his chain disappear—we followed the two prisoners and a third man till a policeman took them—we went on to the station.
Cross-examined by Smith. When I saw the constable I did not say that you were not the men, nor did I say so at the station—the sergeant did not take me into a room for twenty minutes, nor did I then come out and say that you were the men—I was only in the room five minutes.
Cross-examined by Brooks. There was no policeman when the robbery was done—I followed you till the sergeant got hold of you—there were you and your friend and a third one—the gentleman was in an evening dress suit; I did not say a light suit—we did not direct the gentleman;. he went over the road of himself.
young man told me something—I hastened on, and before I got to the Royal Music Hall I saw three men coining towards me—I stopped the two prisoners, and the other got away—they stood in a doorway, apparently to get breath—I said, "What are you running for?"—they said, "For nothing, "and Brooks said, "We want to get home"—I said, "You will come to the corner of Little Queen Street with me first till I see what is the matter—the two last witnesses then crossed from the other side of the road, and Hart said, "That is two of them"—I said, "Two of what?"—she said, "There were six of them knocked 'a gentleman down at the corner of Little Queen Street; he was in a dress suit, and wore a chain from one side pocket to the other, and when he got up it was gone"—I took the prisoners to the station.
Cross-examined by Brooks. You were apprehended 100 or 150 yards from where this happened—you said, "If I knew what you were going to do I would have smashed your skull in with this stick."
Smith's Defence. Do you think it is likely if a gentleman lost his watch and chain he would not go and give information to the police?
Brookes Defence. The two women stated that it was a gentleman in a light dress-suit; then why did they direct the constable to a gentleman in a different suit?
They then PLEADED GUILTY to former convictions; Smith* at Clerken well on 22nd October, 1888; and Brooks** at this Court on 25th July, 1887, in the name of Charles Wardham.
SMITH— Eighteen Month' Hard Labour, and Twenty-five strokes with the cat.
BROOKS— Ten Years' Penal Servitude, and Twenty-five strokes with the cat. Brooks had been twice sentenced toFive Years' Penal Servitude.
THIRD COURT.—Saturday, November 23rd. And
NEW COURT.—Monday, November 25th, 1889.
Before Mr. Common Serjeant.
46. JAMES BEESTON and JAMES WESLEY BEESTON , Unlawfully obtaining.£10 from Harold Sheard, and other moneys from other persons, by false pretences, with intent to defraud. Other counts, for con spiracy.
HAROLD SHEARD . I am a coachman; I live at the Windsor Castle, Edgware Road—about the middle of May, 1887, I saw an advertisment in the Daily Telegraph—I wrote to the address in the advertisement, and received a reply, in consequence of which I met both prisoners at 17, Cleveland Row, King Street, St. James's—I said I should like to apprentice my son to them—the father said he was a great builder, and was carrying on a great business at Lower Edmonton—we agreed that I was to apprentice my son to him on that day, and I paid him £10 deposit—this is the receipt he gave me—the week after I saw the prisoner again, and paid the remaining £10—this is the receipt for the balance of the premium—this is an I O U he gave for £10 he afterwards borrowed of my father, Henry Sheard—on the day he gave me the second receipt the apprentice ship indentures were drawn up and signed (By these, William Henry Sheard was apprenticed for seven years to James Beeston, plumber and decorator,
who was to pay him one shilling a week for the first four years, and increasing amounts each subsequent year)—after I had paid the second £10 he invited me down to his house at Edmonton, and showed me about, and said he was doing a great deal of work, and building a large mansion a few miles out—I never went to look at the mansion—I took the boy to him on the 1st of June, 1887—afterwards my father handed me a letter from James Beeston, written by James Wesley Beeston—he knew my father by seeing him before—I was stop ping with my father at 7, Cleveland Yard—some time in January, 1888, the boy was sent home—I have seen the younger prisoner write; this is his writing (A letter was read, dated from Church Street, Edmonton, saying he was sorry to say he had to give up his premises at Edmonton, as he was now insolvent, and that he could not take the boy back till he could recover himself)—before that, but after my son went, the elder prisoner borrowed £10 of my father in 1887—I was away when my son Came back—when I returned home I went to Edmonton at the beginning of 1888, and found the prisoners had left—I had no communication with them till afterwards—I got nothing of my premium back, or the £10 loan—he took my boy's bankbook away, and never returned him his money.
Cross-examined. I went twice in 1887 to the Edmonton premises—I paid the first £10 before I had been there; it was then he told me he was doing a great business—I was at his house about one and a half hours, I should think, when I went—I found his house corresponded with the description he gave—if I had found it was not a plumber's and decorator's I should not have paid the balance—I paid both the first and second £10 in London—the second was after I went to Edmonton—he said he was a builder at Edmonton, and doing a great business—that was not in reply to anything I asked him—the two prisoners, my father, myself, and my son were present—he did not say, "I am a plumber, and also do house decoration"—I knew what I was going to apprentice my son to learn; by his representation in the indentures he refers to himself as a plumber and decorator, and also a builder—my son was apprenticed to Beeston and Son—when my son was with him I went and had dinner with James Beeston, and we went to a publichouse, and I came away—I saw my son—the elder prisoner told me nothing about difficulties then—I was surprised when he 'borrowed £10—that was two or three months after I placed my son with him—I did not write to him after that.
Re-examined. I should not have parted with my £20 if he had said anything about being in difficulties—he never said a word about it.
WILLIAM HENRY SHEARD . I am the last witness's son—I am a little over fifteen years old—I am now a kitchen boy at White's Club, St. James's Street—I was present when the indentures were signed for my apprenticeship to the elder prisoner—on 1st June I went to the premises at Edmonton as an apprentice—the morning after I went with the younger prisoner to do something on the roofs of some villas with tiles—no men were employed by either of the prisoners—after a little time there were two other apprentices, Bartholomew and Syers—there was not work to keep us employed all day—the prisoners were not working all day—they amused themselves in the workshops making goat-carts—three were made while I was there, and taken to the auction-rooms and sold—no plumbers or bricklayers were employed—I saw no mansion being" built
by the prisoners—just before Christmas they sent me away for a fort night's holiday—I never went back—I had a Post-office Savings Bank book—when I went to the employment my grandfather gave me 10s., which I put in the bank and entered in the book—I gave the book to the younger prisoner, and he drew the 10s. out to buy trousers for me—I did not get the book back—I had 1s. for wages, and 9d. the prisoner took and put in the book, which I have never had back, and gave me 3d.
Cross-examined. I asked Mr. Beeston to buy me some trousers—I signed my name to the Savings Bank form; the younger prisoner had the money; I went with him to buy the trousers—I did not ask him for the book afterwards, it was no use—the 10s. was drawn out, and that was all I had in the bank—there was a job going on opposite, that lasted about three weeks—I was also employed at the yard cleaning out the workshops—no work was going on there at all; I burnt the paint pots out, sometimes every day, sometimes once a week—sometimes they were used every day—I saw no men employed by the prisoners while I was there—they did all the work themselves—I said at the Police-court my memory was very bad, I trust it sufficiently to swear that no men were employed—I did a good deal of painting while I was there—the younger prisoner used to do the plumbing—I saw combing and graining done at one place by a man; I recollect one man; I will swear no other man except the graining man was employed—I left at Christmas—the elder prisoner told me he would send for me—I said at the Police-court there may have been jobs going on I did not know of—I said goat-carts were made at any odd time in the afternoon; by odd time I meant when they had no work to do.
Re-examined. It often happened they had no work to do—the man who did the graining was only employed for that one odd job; he did not come there every day—they bought nothing for me except the pair of trousers—I don't know how much they cost—it was a long time after I went there—I do not know whether the 9d. a week was paid into the bank—the prisoner said he stopped it to pay into the bank—I never saw the bankbook again—when I left at Christmas I understood I was coming back to the prisoners again—I learnt nothing of the business of a plumber and decorator while I was there.
By the JURY. I painted lampposts and railings in front of the High Road, Edmonton, nothing else—I had 3d. to spend, and 9d. they kept to put in the bank.
By MR. LYNCH. The prisoner had a contract with the Vestry to keep the lampposts in repair and paint them.
HARRY THOMAS BARTHOLOMEW . I was clerk to Mr. Ditton, solicitor, in 1889—in 1887 I was conveyancing clerk to a firm in the City—at the end of August, 1887, I saw an advertisement in the Daily Chronicle—I replied to it, and ultimately I went with my wife to Edmonton, and saw both prisoners at their office—they both described their business as a very good one indeed; the father did so particularly, but the son bolstered him up—we expressed our desire that our nephew should learn plumbing; the elder prisoner said he should not only learn plumbing, but house decorating—the premium was to be twenty-five guineas, and he was to be apprenticed for seven years, and the rate of wages was fixed at 1s. a week to begin with, and so on—I went again a day or two after
wards, with my wife and the boy—there was a representation then as to the business they were doing, and Wesley Beeston brought forward some stencil drawings, and said not only should the boy be taught plumbing and house decoration, but that he was an adept at stencilling, and the boy should learn that—I don't say those were his exact words—he showed us round the ground floor; the passage was being done up, and stencilling work was being done there—Wesley Beeston showed us that, and the elder prisoner took me outside and showed me his house adjoining the office, and said the ornamental work, stencilling and dado, very nicely done in the passage, would be taught my nephew—when we returned to the office the elder prisoner seemed very anxious that we should close—he said, "We have many applications here; you must decide"—after consulting my wife, I said, "We will"—he said, "'Well, we must have a deposit"—I said, "Are you solvent?"—he rather pooh-poohed the idea, and said, "I should not have taken this house for twenty-one years if I was not solvent"—I paid a deposit of £2—he sent a copy of the draft indenture to me; he had inserted six years instead of seven—ultimately he called, and I paid the balance of £24 5s., and this indenture, apprenticing the boy to James Beeston, was executed by me, my wife, and James Beeston, on 5th December, 1887—it was my wife's money—my nephew went away with him from my house—two months after Christmas I received a letter from the elder prisoner, requesting a loan of £5—my nephew brought the letter—I wrote across the letter, declining, and sent it back—I knew, through my nephew, that they had left Church Street, Lower Edmonton, and where they had gone to—I made inquiries—in September, 1888, I received this letter from James Wesley Beeston (This was on paper with a stamped heading, Beeston and Co., Masonic Joinery Works, Builders, etc., Hornsey Road, and stated that his father was out of the business; that he had the nephew on his hands; that he would have been discharged with the other apprentices if he had not taken him, thinking his father would have come to an arrangement with his creditors, and that as there was now no prospect of his doing so, he must send the boy back, as he could not keep him on)—that was the first intimation I had of James Beeston having gone out of business—on 22nd September I received this letter, asking if I had come to any arrangement about my nephew, as he could not see his way to keep him longer, and his father, who was dependent on him, could not keep him—that was signed J. W. Beeston—I wrote on 2nd October, and received this reply (This repeated the former statement about the father being out of business, and said the lad was not wholly discharged, but was only waiting till the elder prisoner could get into business again, when he would take him back and teach him his trade)—I believe the boy was sent home at the beginning of October—I sent him back, and he was sent home again—I heard nothing from the elder prisoner about taking him back—when he was ultimately sent home I wrote a letter—I got no reply—I then applied to Mr. Bros at the Police court, under the Masters and Servants Act—I found the Magistrate had no power under the Act, as I had paid over £25.
Cross-examined. At the time of the proceedings at the Police-court I was conveyancing clerk to Mr. Ditton—I am doing nothing now, I have enough to live on; the length of this case caused me to give up the situation—I have been a solicitor's clerk about twenty years—my son was with the prisoners about fourteen or fifteen months, from September,
1887, to November 1888I have been to Hornsey Road—I parted with my money because he represented to me he was doing a very large business—I heard a good deal of what was said at the Police-court—I have no means of judging if young Beeston did the stencillings—my nephew was not apprenticed to him—he was not sent home because it was alleged he had misconducted himself; I never heard such an allegation—when he was sent home in consequence of the so-called bankruptcy, I sent him back, and refused to take him, and they refused to take him in—young Beeston afterwards called, and said they could not charge him with any misconduct; he was a very good boy indeed—he is a very well-behaved boy—a long time passed before I took any steps, because I could not prove it—it was three or four months after the boy had been discharged that I applied at the Police-court—I wrote out a statement that Beeston had broken his contract with me—the Magistrate's jurisdiction was ousted—I found out since I could charge them with false pretences, when one of the boys called and said they had gone away from their address—I could not find the boy's address when I applied to the Magistrate.
Re-examined. Neither of the prisoners ever suggested that my nephew had misconducted himself; they made no complaint against him—in making the application I said it might turn out there was fraud and con spiracy in the case—I had a strong impression of it—the money was paid through my hands.
WILLIAM JOSEPH BARTHOLOMEW . I am nephew to the last witness—I am an orphan—I entered into these indentures, apprenticing me to the prisoner, in September, 1887—I stopped there just a fortnight over a year—during that time I mixed mortar, swept out the shop, washed brushes, and cleaned tools—if not doing that, and there was no painting or decorating work to do, we made goat-carts—there was not sufficient business of that character to keep me constantly employed—no workmen of any sort were continuously employed by the prisoners during the time I was about—one bricklayer was employed by the week—a month or six weeks before I left, the elder prisoner said he would write a letter to my uncle to say I was to leave—he asked me if I knew anything about it and I told him no—I went home the next Sunday—after I heard some thing from my uncle about that I went back to the premises—the elder prisoner asked me if my uncle had said anything about it—I said he said he had written a letter to my uncle, and he said, "I expect your uncle will put me in prison for this"—I said it was very likely he would—he said, "Your uncle can kiss my—"—I asked James Beeston about the 2s. a week when my first year was up and why I should not have it; and he said it was not his business I was to ask his son about it; he was entirely out of the business—I 'took a letter from him to my uncle soon after I went there—he called me and his son into a room, and said, "Do you think your uncle can lend me £5?"—there was a job on at the time, and he wanted to buy paper for the walls for the staircase—I told him I did not know—he said, "Will you go and take this note with you if I was to give it to you?"e—he paid my fare—I took the letter and delivered it—my uncle wrote an answer back on the same paper; I believe that he could not do it—I gave the answer to the prisoner—I never took any money from my uncle to the prisoner—the job they were on then was Pritchard's, in Fore Street, Edmonton, I think; papering the staircase with sanitary paper and varnishing—that was the paper that was to be bought with my uncle's £5.
Cross-examined. I have known two or three men to be employed—I knew Sheard when he was there—one bricklayer was employed—Wesley Beeston did the carpentering that was required, and the drawings—he showed me a little of his plans; how they were drawn to scale, and that—they were plans of buildings—I don't know about plumbing—of one house there would be one plan, and different elevations—there was not much plumbing work to do, but what was done was done by the younger prisoner—one plumber was employed for two or three days on one job; that is all I can remember—there were no plumbing jobs except little things, cisterns and ball-cocks, and so on, and those Wesley Beeston did—I cannot remember any plumbing done at Seeley's—I remember a wooden shed being built on a brick foundation—I think a gaspipe, was laid to that from the house—I don't know the name of the man who did that; it was not one of the prisoners—I complained I was put to do dirty work, such as mixing mortar—mortar was used for different jobs—I think an apprentice ought to learn his trade; you don't want to learn to clean paint-cans—I was shown how to wash the brushes—I was not shown how to make goat carts; I used to watch them being made—they made fourteen or fifteen—I used to take my orders from both prisoners and from another son, Richard Beeston—three sons and the father worked in the business—no complaint was made that I was in the habit of fighting and quarrelling—I did not fight with another apprentice; we had a little quarrel—very likely I complained that he was a sneak—the elder prisoner did not say I was quarrelsome, and brought it on myself—he did not notice it.
Re-examined. He did not tell me to tell my uncle the money was to buy the paper; he simply told me to take the letter—neither prisoner said I should be sent home for calling the other boy a sneak—the gaspipe to the shed was laid down in an afternoon, I think—on other occasions if plumbing work was to be done a plumber was sent for to do that particular job—no men were kept on properly—no building was done while I was there that required drawings—there were drawings for Seeley's shed, I believe; that was the only elevation I saw, I think—the drawings I saw they said were of houses built—they showed me the plan of a house, and said, "I built that house"—they were not built when I was there—I saw young Beeston draw the plan for the shed; and I saw him draw a picture of his own house after he had taken it.
HENRY WORSHIP NOCKOLDS . I am a dairyman at Camden Terrace, Turnham Green—on 2nd or 3rd January, 1889, I saw this advertisement in the Daily Chronicle. (This was addressed to parents and guardians, and was for an under apprentice to a builder and decorator in an oldestablished firm; premium, £30)—I wrote in answer—I received a reply, and afterwards I called and saw the elder prisoner at 403, Hornsey Road—I saw up there, "J. W. Beeston and Co., the Masonic Joinery Works, "established some few years ago; I cannot remember when—I looked over the place; it had a good deal of writing outside—I saw the elder prisoner, and said that I had come, in answer to his advertisement, about putting my boy in the building trade—he said, "Well, I will take him; I am doing a very good business, and I keep a good many men and everything of that kind"—I was not intimate with the trade—he said he was a builder and decorator, and did plumbing and zinc work and every branch of the trade—he said he was a good builder; not a jerry builder, but a first-class West End builder, and had never done anything only good jobs—the younger
prisoner came in during the conversation, and the elder one introduced him as his son, and told me he was his foreman over his men, and he had given him a good education, and he was able now to take the managing part of the business, and my son would be under him, but that if he had any complaint to make he was to come to him—I under stood he had taken up his premises for 21 years—he said I had better give a deposit to secure the place, because he had got several applications, and I might lose the chance—I gave him this open cheque for £5, payable to Beeston and Co.—he gave me this receipt on a printed form of J. W. Beeston and Co., 403, Hornsey Road—the younger prisoner made out the receipt and signed it, I believe—that cheque was paid in the ordinary way through the bank—on 28th January I again saw the prisoners at Hornsey Road, and paid the balance of £25 by this cheque—I made it payable to J. Beeston, because I thought the apprenticeship deed was to be with J. Beeston—a receipt was given me signed J. W. Beeston by the younger prisoner—the indentures were then signed—I took my son with me, and left him there on that day—he stopped till 4th August, when he came home—I sent him back—he came home again with this letter. (This was from J. W. Beeston and Co., and said his son, with all the other apprentices, had a holiday, it being the last Bank Holiday in the year)—I kept him at home—on 9th August I received this letter from Mr. Sturt, whom I had never heard of before. (This stated that Mr. Beeston had consulted him; his business having fallen off during the last few weeks, and not being likely to revive during the vacation, he thought, as his pupils would be without occupation, his son had better be kept at home; and that business whould revive materially after Christmas)—I received no further communication from Sturt or the prisoners—I kept the boy at home in consequence of that letter, waiting for a further communication—I went to the houses of other apprentices' parents and made inquiries, and then thought some thing of what my boy had told me about having no work was true.
Cross-examined. I paid the deposit after the prisoners said they had a good business and everything of that kind—I made inquiries, they were not very satisfactory—I never inquired about the business—I said at the Police-court the inquiries about young Beeston were satisfactory—inquiries about the father came to nothing—I did not tell Beeston about the inquiries—I inquired of the chemist in the Hornsey Road—I had no reason to disbelieve what he told me—they did not know sufficient for me to go away—I might have done so if I had disbelieved him—I did not go into the yard—I went into the shop, which had an office in it—I saw some plans, which the younger prisoner gave me to understand he had worked on—the prisoner said he had a good business and had a quantity of men, plumbers, decorators, builders, and my boy would have a first-class insight into the trade—he said, "I have large workshops, and I keep good men to do my work"—I inferred he kept good men on the premises—I cannot say if he used the word "keep."
Re-examined. I understood he was constantly employing them—I went to a chemist's shop close by and inquired.
ROBERT WHITEMAX NOCKOLDS . My father apprenticed me to the prisoner on 10th January, and I went on that day to 403, Hornsey Road—Albert Browning was another apprentice there—no men were employed there for the first month I was there that I can remember—no building was done—I don't remember any decoration being done in the
first month, except that they decorated their own house—at the end of the first month, another apprentice, Willison, came—Browning left the day Willison came—I remained there six months; when I left I knew no more of the building and decorating trade than I did when I went—both prisoners were there—the younger prisoner used to work on the premises, the elder one did no work, he used to be in a publichouse.
Cross-examined. I last saw the premises on August Bank Holiday—I have been past twice since—about a month after I left—I have known three jobs going on there together at one time—that is the most I have known—I remember Appleby's house being whitewashed and the ceilings distempered from top to bottom; it was very common decoration—I think the staircase was simply washed down; I won't be sure—I cannot remember what rooms were papered—they were not all papered—I remember the jobs at Mallison's, Hornsey Road, at 96, Cottenham Road, at Sparsholt Road, at Granville Road, at Willis's, of Hornsey Rise; at Avenue Road, putting a pane of glass in, and at Simmons'—Simmons has 10 houses—I do not know that the prisoners have a contract with him to put the houses in repair—I believe two were done up, and two or three Chad odd jobs done—I went to two of them; I believe one was done up from top to bottom—the second was scamped by the prisoners; they told me as they had not got the money for the first one they would not do the second one properly—they put on one coat of paint instead of two in many places—the younger prisoner did Robinson's job, 492, Hornsey Rise—I remember Babson's job, and Goff's; that lasted a week, I think—I was told there were 10 houses of his—the prisoners had to keep them in order as far as I am aware—I remember a job for Mr. Home, of Granville Road; they painted the front of Davis's house in Fairbridge Road—the men in carpentering found their own tools; that is not unusual—carpenters were employed—I saw the mixing of paints going on—I asked the younger prisoner, and also the youngest son, who is 24, to explain it to me, and they put me off by saying they had not time—he was never busy in his life—I had to be on good terms with them because I was an apprentice—I believe as tenants left Guff's houses the Beestons did them up—I don't know any thing concerning them; three were done up in my time—they had a rather long job for them at Polsford's Railway Hotel—the contract was for eight days; it lasted ten—three men were employed on that, I think, a painter and two carpenters at two different times, not both together; and then there was a joiner for three-quarters of an hour or an hour—the job was to varnish and do the ceiling of the publichouse, and put up a small glass partition on the top of the bar—a new front was not built in there—at Robinson's a wall was pulled down, and another one built three or four yards out, and a secondhand front put in; the bar was not touched—that was done by Beeston Brothers, a different firm to James Beeston—at one time there were employed on that job a bricklayer, a labourer, a carpenter, and a plumber, for about two hours.
Re-examined. No other building was done while I was there, and that was not done by Mr. Beeston, but Beeston Brothers—a separate business was carried on by Beeston Brothers, of 277, Essex Road, Islington—that firm was carried on by Wesley and Richard Beeston—Beeston and Co. were at Hornsey Road—the jobs that have been mentioned wt re putting a latch on a door and putting panes of glass in,
mending ball-cocks, mending looking glasses and chairs and taps, odd jobs of that kind—men were never kept constantly in employment—the only man kept constantly employed was a painter, and he was there for three weeks and two days—I went to the place in Essex Road to decorate the outside of the house and scrub the floors inside—the younger prisoner put me to do that.
By the JURY. I cleaned out paint brushes—I did not mix paints, only stirred them—they were white lead, oil, and turpentine.
WILLIAM HENRY WILLISON . I am a builder, of 5, Hornton Street, Kensington—about February 12th I saw this advertisement in the Daily Chronicle. (This was to the same effect as in the last case; the premium wanted was £35)—I wrote to the address and had a reply, and on the following day I went to 403, Hornsey Road—I saw the younger prisoner first, and a few minutes after the elder one—I said I called in reply to their letter, as I was anxious to apprentice my son, who was then fourteen—I wanted him to learn the trade of a builder and decorator, which I thought he would do better away from home than with myself, and it was not convenient to have him at home, as he was the child of a former marriage—both prisoners joined in the conversation—they said they were doing a good business and employed a number of men, carpenters, bricklayers, and plumbers, and they showed me plans of building and decoration which they were getting out; the work was to be that of the younger prisoner—among other things they told me they were sorry to see the state of the weather as it would affect some work they then had in hand: recovering some roofs with zinc and re-pointing fronts and backs of houses—I said it was rather unusual for such work to be done at that time of year—they said they were bound to do it then as they had so much work in view for the coming spring—I said I would consider the matter and let them know—I was asked to leave a deposit of £5 to show I was treating the matter with bona fides, as there were other applications—I did not pay the deposit—I afterwards wrote offering £30—I received a letter offering to accept £30 if the matter was settled at once—I went to 403, Hornsey Road on the following Monday, and the indentures were signed—I apprenticed him to James Beeston—I gave the elder prisoner a crossed cheque for £30—the younger prisoner wrote out and the elder signed this receipt on the memorandum form of J. W. Beeston and Co.—in the afternoon of the next day the younger prisoner came to see me, and at his request I tore up the crossed cheque and gave him an open one—that was duly honoured at my bank—my son remained, there till 3rd August, when he was sent home—on 9th August I received this letter from Mr. Sturt. (This was similar to the one received by Mr. Nockolds)—I communicated with my solicitor, who wrote to the prisoners. (This letter, dated 12th August, stated that unless the £30 wax returned steps would be taken against them)—a copy of that was sent to Sturt—I never got any part of my £30 back—soon after that I instituted proceedings at the Police-court, after making inquiries of my son and the other apprentices.
Cross-examined. I did not induce Mrs. Norman to take her son away—I did not see her before proceedings were taken—they were doing their utmost to get my solicitor to take up their case—I had no conversation with them at the Police-court—Mrs. Norman asked what she should do, and she was advised to ask my solicitor—I don't know that her boy was
taken away against the wish of the prisoners—they told me they had a good business, and employed a large number of men—I looked round the place, and from what I saw I was so thoroughly deceived I was willing to believe anything, and I believed him—if I had had the place myself I should have thought I was doing a flourishing concern—I asked him for references, and he said I might make inquiries wherever I liked, and that I could inquire in the neighbourhood—I went to a beerhouse and to a chemist—I got replies, which I have found were false—I have doubt whether the chemist was not in the conspiracy, but I have no doubt as to whether the beerhouse keeper was—I told him afterwards I had made inquiries; all the chemist and beerhouse keeper said was, "Oh, he is all right"—I should have parted with my money if I had not had these representations—he did not tell me where he had carried on business before—he called himself an oldestablished firm, and I thought from the appearance of the place it was so—the representation that induced me to part with my money was that the prisoners were builders, and had work, and that my boy would be taught his business.
Re-examined. I believed his statements that he was a builder and employed a number of men—he said, "There are people over the way that know me"—the beerhouse and chemist are over the way—I believe the publican is Robinson, and I believe he is one of the bail—I have seen him here—I never had the slightest complaint about my boy.
By the JURY. The boy did not come home every Saturday—I heard the complaints he made from time to time when he came home, but I had no idea it was not a genuine apprenticeship till the boy was sent home finally.
PHILIP WILLISON . I was present when my father paid £30 for my apprenticeship—on 28th February I went to 403, Hornsey Road to begin work—I was first told to clean up the workshops in the yard—I then asked for more work, and was told there was not any that week, but that I should have plenty next week—next week was just the same—I had some painting to do in Fairbridge Road—Nockolds was with me—I was set to paint a gate and clear away rubbish at the Fox and Hounds-public house, Hornsey Road—one day I was set to light some fires at Hornsey Road, and I said to the elder prisoner that my father said I was not sent there to light fires but to do building work—he struck me and called me a gaol-bird, and said I was not to have any breakfast—there were three other apprentices with me, Nockolds, Wall-in, and Norman—the younger prisoner asked me if I should like to mind an office; I made no answer, but a few days afterwards I was sent to mind the office, 207, Essex Road—the name of Beeston Brothers was over the door, builders, decorators, and estate agents—the younger prisoner and some of his younger brothers came there—the only business done there was one house that was painted up—the younger prisoner did something inside it—I was there about five weeks occupying myself in playing about in the workshop—a cart called there; it had the name J. W. Beeston on it—I washed it sometimes—when I first went there I went in it, among other places, to the County-court, where he had some cases on—I minded it while other persons went in the court—no men were employed continuously at Hornsey Road, but they were employed from time to time when there was work for them to do.
Cross-examined. There was a carpenter's and a painter's shop which I used to play in—I burnt paint pots out and mixed mortar with water and sand and lime—I had done that before at my father's and knew how to do it—I did not like cleaning out the stable, and told Beeston so—if any one came to the office about a house I should tell the younger prisoner when I went home; I had not got the key and could not show it, and I could not tell the rents—I saw about twelve men employed while I was there.
Re-examined. The twelve were at different times; that was the number altogether the whole time—they were bricklayers and carpenters employed in repairing—the only building job I know of was building the side wall of the publichouse—I learnt nothing of the building and decorating trades that I did not know before I went there.
JOHN WALLIN . I am a laundryman of Kilburn Lane—on 25th April I saw this advertisement in the Daily Chronicle—I wrote, and after receiving an answer, went to 403, Hornsey Road where I saw the two prisoners—I asked what business they were doing—the elder prisoner said he was doing a good business—I asked if the premises were his, he said they were—I said I would consider it—a short time after I received a letter from him asking if I had thought any more of apprenticing my son to them, because he had other applications—I replied and the following day the prisoners called on me according to the appointment I had made—the elder prisoner said they wished to conclude the transaction by my paying a deposit—I paid the elder prisoner a deposit of £5, after he said that on my paying £30 premium he would take my son as an apprentice and teach him building, decorating, and plumbing—I had this receipt for the £5—on 13th May I went to the premises again with my wife and my son—the prisoners showed us several plans in the office, which they said they were building; they said the plans had been drawn out by the son—they said my boy would have a comfortable home and learn the business thoroughly—then I paid £25, the balance of the premium, in cash, and got this receipt—the indentures were signed. (By these indentures the boy was apprenticed to James Beeston to learn building and decorating)—we left the boy there—I looked round the place—I saw no men there—I had previously asked a question about it, and the elder prisoner said he employed a number of men—on 3rd August the boy was sent home, and on 9th August I received this letter from Mr. Sturt. (This was similar to the letter received by previous witnesses)—I sent my boy back with this note. (Asking if the boy was not to return till the 11th)—I received this note in answer. (This was practically to the same effect as Sturt's letter)—I received that before I received Sturt's letter—I had no further communication from them—I communicated with Mr. Thompson, the solicitor—I got back no part of my premium.
Cross-examined. I have not the least doubt he said, "I am doing a good business and employ a number of men"—one thing that induced me to part with my money was the appearance of the premises, which were beautifully decorated up to attract the eye; any person would have thought they had a good business—they might also attract the eye of anybody who wanted his house done up—there was no other inducement; I wanted my son to learn the business and to have a good home—I had no cause to complain up to the time of Sturt's letter—I should not have taken proceedings if I had not received that letter, and if my son had
been taken back—Mr. Willison called upon me first—he said Mr. Thompson was his solicitor, and I went to him—we did not take criminal proceedings with the idea of getting our money back—I and Mr. Nockolds took the matter up on the ground of justice—I considered it was useless trying to get our money back—I might have said at the Police-court "One portion of our justice was to get the money back, and if we could not get the money, to punish the fellow who had had it"—that correctly represented our feelings up to the visit to Mr. Thompson—he wrote to the prisoners to try and get the money back.
Re-examined. Thompson took proceedings at the Police-court on behalf of us all—when Willison first came to me the question of getting the money back was not mentioned—he said at the Police-court he considered he had been swindled, and so do I now—up to August I thought when the boy said he was not learning much that it was only a few months, and he would not have been able to learn much, and I passed it cover—I was not dissatisfied till I got Mr. Sturt's letter.
MARY ELIZA NORMAN . I am a widow—I keep the Masons' Arms, Church-field Road, Acton—in May I saw this advertisement in the Daily Chronicle—next day I sent my son with my brother to 403, Hornsey Road—they came back and reported to me, and on 3rd June I went with my brother and son and saw the prisoners—they both said they were doing a very good business there and in Islington—the premises there and in the Essex Road looked very nice—I saw the Essex Road place when I took my son away—they said the father had apprentices, and that the son was going to take the business over from the father; he said he kept upwards of forty men working for him at times—the elder prisoner said he had done good business, and he was in hopes of the Hornsey Railway Station taking down the premises, and that he was a monied man and was going to retire and make the business over to his son, and that was the reason his son was taking apprentices—they said £5 deposit was usual as a kind of binding bargain—I paid £5, and they gave me the receipt. (This was a receipt for £5 paid to Beeston Brothers, Essex Road)—on 8th June I paid the balance, £25, and this deed was executed by me, my son, and the younger prisoner—I left my son at Hornsey Road on 15th June—he was to live there for some time because the other house was being done up or something—he remained there till the Saturday be fore August Bank Holiday, when he came home for a week's holiday—on the Monday following I had a letter from the younger prisoner—after wards, in consequence of a letter I received from the lad and seeing the case in the papers, I took the lad away.
Cross-examined. I sent him back after the holiday—I saw Mr. Nockolds on the Sunday before he went back—he told me three boys had been sent home—I told him my boy was home for a week's holiday—he did not say he had had a letter from Sturt, or ask me if I had had one—my boy went back—I went to the Police-court proceedings, and took my boy away the same day—I had no conversation with anyone there—my son told me the proceedings were about to take place—he was brought as a witness on behalf of the elder prisoner—the younger prisoner gave evidence—I took my son away, not because he was starved, but because he had no work—I sent him back because he was to be sent to Essex Road, and I thought there would be more work there—he came home from Hornsey Road, and went back to Essex Road, where I
was told he would be better treated—if the father had turned the business over to the son he would have taught him a trade.
Re-examined. What induced me to part with the £5 was the younger prisoner saying his father had a very large business, and thought of retiring, and then he would have the business himself—I applied to the Magistrate at the hearing, as to whether I could take my boy away, and in consequence of what he said I took him away—I asked the younger prisoner at the Police-court whether it was advisable to take the boy's box away, because he was not treated well as to food and work, and all he had had to do at Essex Road was to sift mould.
BENJAMIN PIKE NORMAN . I went with my uncle to 403, Hornsey Road before I went with my mother; I saw the prisoners—the elder prisoner said they kept 40 men regularly going; that it was his business, and they had another business at Essex Road, where I was to go—on 18th June I went to Hornsey Road as apprentice, and remained there seven weeks—there was not a great deal of work there—I saw no men there—I did nothing—I went from there to Essex Road; I found no great improvement in the condition of things there—there was no building going on; there was a paperhanging and little painting job at Highgate—I dug up the garden at Essex Road, and sifted some of it; Wesley Beeston called it sand—I had cause to complain of the way I was fed; once I had only bread and butter, and another time only bread, butter, and a little bit of cucumber all day—I had a very poor bed, with only the quarter of a blanket—I slept in my overcoat.
Cross-examined. I went home every Saturday to Sunday night—I did not complain to my mother until a week before I left my place—I was brought to the Court as a witness—all the witnesses spoke to my mother, as far as I know; if it had not been for these proceedings I should have been at work now—I don't know if the younger prisoner wanted to keep me—at that time three boys had been sent home—my mother had received no letter, and I had not been sent home—I daresay I should have been there now if I had not been taken away, and if I had been treated all right.
By the COURT. I was engaged on two jobs, I did not do much of them; I learnt nothing of the building or decorating trades; I tried to do so—there was very poor bedding on the bed.
JAMES GRANT . I live at 38, Liverpool Street, Walworth, and am a decorator—in August, 1887, I saw this advertisement in the Daily Chronicle—I replied, and received this letter—on 20th August I went to Church Street, Lower Edmonton, where I saw the prisoners; the elder one said my boy would be thoroughly taught the trade of plumbing and decorating—I said I particularly wished him to learn plumbing—he said, "Oh, yes, the boy will learn plumbing, "and he would turn him out a good tradesman—he wanted a deposit, and I handed £1 to the younger prisoner, and received this receipt, signed "Beeston and Co."—after that we went to the publichouse opposite—he said, "This house I did up not long since; I got £100 for it, "and he said he expected some houses to repair shortly—on 22nd August, 1887, I met the prisoners at the corner of Liverpool Street and Bishopsgate Street—we went to a public house, and I there paid them five £5 notes and a sovereign, and he gave me 15s. change; we then signed these indentures, apprenticing my nephew for three years to James Beeston, of Church Street, Lower
Edmonton—I believed all the indentures said at the time—on the 24th I sent my nephew off, and he remained away till Christmas, 1887—then he came back for a fortnight's holiday—he made a communication to me, in consequence of which I wrote—on January 2nd I went to Edmonton—I met the younger prisoner, and asked him where his father was—he said he did not know, sometimes he stopped away for days together—I said I wanted to see his father, as my business was with him; we got into a train together, and the younger prisoner got out at an intermediate station—I asked his father's address, but I could get no information from him as to where his father was—I received this letter on 2nd January, saying he would write me on his father's return home—about the 16th I received this letter from the father. (This stated that he was compelled to give up the premises at Lower Edmonton; that he was in a state of insolvency, and did not know if the creditors would make him bankrupt; it was a similar letter to that in Sheard's case)—I replied to that, and received in reply this letter. (This purported to come from the younger prisoner at 2. Moselle Villas, Wood Green; it stated that what had transpired between the witness and Beeston, senior, had nothing to do with him, and that he would have no inquiries or interference there, and that the nephew would have to be careful, or he might have to prove words hi had used to his brother)—about the first week in February the indentures were cancelled and sent back by post; I never saw anything more of the prisoners till I saw the case in the papers.
Cross-examined. My nephew complained that he was sent to paint lampposts in the neighbourhood, and drag things, and burn bricks, and sweep up the shop, and burn paint pots—he did not say he had to see to lampposts if they went wrong—the younger prisoner did not tell me in the train that things had turned out very badly; he only said he did not know where his father was—he did not say they were looking out for a business at Hornsey—I found out, after a good deal of trouble, by the postmark "Wood Green" on the envelope, where they had gone to.
FRANCIS OXFORD SYERS . I am now an outfitter's apprentice, at Thornton Heath—I went with my uncle, and heard what the prisoners said—on 22nd August I was apprenticed and the money paid, and I stayed with the prisoners from 24th August till 24th December—I learnt no plumbing and no trade at all while I was there—what I principally did was painting street lampposts in the Edmonton district; I did over 100—I also cleaned paint pots and brushes, mixed mortar and swept the place out—I asked the younger prisoner about plumbing and about making a D trap; he said if I waited till the summer the men would be there, and I should have a chance then—he meant the summer of 1888—that was about a month before I left—during my time a bricklayer and plumber were employed for half a day or more, and a plasterer three or four days—I was labourer to the plasterer the whole time—I was living at Church Street, Edmonton, with them—I was given a fortnight's holiday at Christmas, and during the time I was at home my uncle had a letter—after that I went to Church Street, Edmonton, and found the prisoners had moved—the younger prisoner had told me previous to my going that he was going to take a business in Wood Green—it was understood I was to come back to Church Street when my holiday was over—about three weeks after Christmas I found the prisoners at Wood Green—I followed the younger prisoner from Edmonton to there and
back again—then they shut the door in my face—the younger prisoner ran after me, and said perhaps I should like to speak to his father—I went to his father, who said he was in a state of insolvency, and as soon as he could recover himself he would take me back—the younger prisoner said it was his father's house, and he was only a lodger for a time, and that it would be no good my uncle troubling after him, it would be only throwing good money after bad—I was learning the banjo while I was there in my own time after working hours—I was willing and anxious to work if there had been work for me to do—I went to learn plumbing and house-decorating.
Cross-examined. Before I was apprenticed the elder prisoner said he was doing a large business, and would make a man of me if I was apprenticed to him—the mortar was used for repairing a wall and a copper, and whatever wanted doing—part of it was for the prisoner's own house—the lamps were painted and glazed—I saw a plumber on a job at Wood Green for half a day—zinc tops were put on the lampposts; that was not plumbing, I dare say a bricklayer could do it—the younger prisoner said his father had a contract to do the lampposts—I don't remember anything going wrong with the gas-pipes—one of the sons would have done it if they had gone wrong—that would be a branch of plumbing, I suppose—the younger prisoner told me he was going to Wood Green—I cannot say if he said he was going to take a business there or not; he said they had a large job there—Mrs. Bartholomew said her son had gone there, so I knew the prisoner would be there, and I went.
Re-examined. I was apprenticed to the father, and was to come back to Edmonton after the holidays.
REV. FREDERICK JESSOP KELLY . I am vicar of Farnborough, Kent—as executor and trustee I have had the management and letting of Church Street, Lower Edmonton, which was occupied by the prisoners—I found them in possession in 1887—the rent was due for March, 1887; I made many applications—I got it on 22nd August, I think, that year—I had paid the insurance premiums in default of the prisoners paying them—this is the counterpart of a lease executed on 22nd August; previous to that there had been a lease—by the lease the tenant covenanted to insure the premises—when he paid the rent in August the elder prisoner expressed himself unable to repay me the premiums, amounting to £8 odd, which I had paid in his default—the rent due at Michaelmas was not paid till I distrained—I never had the Christmas rent—I had no notice that he was going to leave at Christmas; I found the premises early in the new year left and wrecked, lead pipes were cut and taken away, locks taken off doors, and a great deal of injury done to them.
Cross-examined. Two quarters were paid in August—I have never received the insurance premiums; I never distrained for them—I signed a warrant of distress, and gave it to the agent, who subsequently gave me the money—I did not apply for the Christmas rent, because they had left the premises—my father-in-law died on 27th May, 1887, and I then became executor—I don't know how long the prisoners had been in possession.
HORACE SPENCER DOVE . I am an agent for my brother, who owns the premises, 403, Hornsey Road—I let those premises in February, 1888, to the younger prisoner—I know nothing of his father in connection with those premises.
Cross-examined. A builder's business was carried on there—I went to the premises occasionally—I have seen ladders there, and the ordinary utensils of a builder's, plumber's, and decorator's business—the rent, £55 a year, payable quarterly, was paid very well until these proceedings had gone on some distance—he still occupies the premises—the business is still being carried on—at the present time the rent is about 30s. in arrear—there is a builder's yard and workshop there.
Re-examined. I have been on the premises three or four times, I should say, between February, 1888, and March, 1889—I am an auctioneer and surveyor, and brother of the present owner—the agreement was in the younger prisoner's name.
EDWARD DARRELL KILBURN . I am a clerk in the Holloway branch of the London and County Bank—I produce a certified copy of the account opened there in the name of Beeston Brothers, on 19th June, 1889—cheques were signed in two names, James Wesley Beeston and Richard Beeston—the account was closed on 8th August, and the balance of £17 2s. 4d. transferred to an account in the name of James Wesley Beeston—that went on to 14th October, leaving a balance of £14 2s. 9d., which is still with us—the account is still open.
MR. LYNCH submitted that the false pretences alleged in the different counts of the indictment had not been negatived.
The COMMON SERJEANT ruled that the 14th and 15th counts relating to Norman should be withdrawn; but that the case upon the other counts was for the JURY. ERNEST FREEMAN (Detective-Sergeant). Not examined in chief.
Cross-examined. No warrant was issued for the prisoner's apprehension; a summons was—I have not seen the books until to day; these; extracts were given to me by Mr. Thompson, the solicitor, who had the case in charge—there was no officer in the case till it was committed for trial.
JAMES BEESTON, GUILTY on all Counts for fraud (excepting Nos. 14 and 15),
NOT GUILTY on the conspiracy Counts.— Eight Months' Hard Labour.
JAMES WESLEY BEESTON, NOT GUILTY .
OLD COURT.—Monday, November 25th, 1889.
Before Mr. Recorder.
47. BRUNO FELYERT KRANTZ (47) and HENRI BOGAERTS (45) , Unlawfully obtaining by false pretences from Eliza Adams certain cheques for payment of £78, with intent to defraud. Other Counts, for conspiracy to defraud other persons.
KRANTZ PLEADED GUILTY .
MESSRS. CHARLES MATHEWS and GILL Prosecuted, and MESSRS. LYNCH and
LOUISA MARIAN PALMER . I am the owner of a house called Hillside, at Hampstead, which was let to Bogaerts in September, 1888, at £63 a year for three years—the rent was paid up to June this year—the September quarter was not paid—in consequence of some information, early in October I went to Hillside—I saw a servant and a young lady, Bogaerts' daughter, also a lady whom I took to be another servant, but neither of the prisoners—I made some inquiry there and elsewhere, and then went to victoria Mansions, where I saw Bogaerts—I asked him for the rent—
he said that the firm would pay it—I said I had nothing to do with the firm, only with him—he said that they owed him a lot of money, and when they paid him he would pay me—I said, "You are leaving Hill side tonight?"—he said, "No; tomorrow"—I said, "I have heard it is tonight"—he said, "No; tomorrow"—he had given no notice, and I said, "Do you know that in lieu of notice you will have to pay another quarter's rent?"—he said, "Yes, I quite understand that"—he under stood me perfectly when I spoke to him—some few days afterwards I returned to Victoria Mansions; I saw Krantz—I said I had come to see Mr. Bogaerts, and I asked for the key of Hillside and for the rent, as I had heard that the furniture was removed the day before—he said, "We have not left there"—he took an envelope from his pocket with some name and Hampstead upon it, saying that he had received it that morning—that was to convince me that he had slept there overnight; he showed me the postmark on the envelope, but I forget it—he said if Mr. Bogaerts did not get his money from the late firm, he himself would pay it, and also for any repairs that were wanted to the house—he drew my attention to the chambers they had taken, and of course I should know where to find them, as they could not leave such a large place in a minute—he gave me a reference, as to his being able to pay the rent if Bogaerts did not, to the Brazilian Ambassador—I said I did not want references so much as the rent, and I went away—I heard nothing from them—I called again, but could not see Bogaerts—after going to the secretary of the building I saw Krantz—he said that Mr. Bogaerts was engaged with two friends, and he left the room, saying he would fetch Bogaerts—after a while he came back; he said that Bogaerts was still engaged, and he showed me some pictures in the room, which they were bringing out as a patent, but they were waiting for the machinery to print them—I said I did not understand pictures; would he be good enough to tell Mr. Bogaerts that I had called for the rent?—I said I should not call again, but I should send my solicitor, and left—after that I paid another visit to Hillside, and in an inner bedroom there I saw a portrait of Krantz hanging over the mantelpiece—I have never been paid the last quarter's rent.
Cross-examined. The agreement with Bogaerts was in writing; he paid the two first quarters—the September rent was not much overdue when I went to see Bogaerts in October—he spoke in broken English; I could understand him—I heard that he was leaving, from the people next door, who are also tenants of mine—I put in a distress a little over a month after 29th September; the goods have been removed; I don't know what they will realise; I have received nothing yet—it was on the third occasion of my going to Victoria Mansions that some pictures were shown me—they were in frames—I could not say that I saw these (two produced).
LOUIS LYMAN . I am a watchmaker, of 26, King William Street, City—on 20th July last Krantz called on me; he introduced himself through a friend of mine named Zademan, who I used to do business with; he said, "I want to look at two or three things out of the window, "and while I was showing them he said, "You don't know me"—I said, "I have not that pleasure"—he said. "I recollect you; you used to do a deal of business with Mr. Zademan; I used to travel for him, and I shall be able to do a good deal of business with you"—he picked out some
goods to the value of £2, and said, "I will take these; I have only a cheque for £5, do you mind taking that?"—I said no, and I took it and gave him a pound or 25s. out—he said, "A friend of mine has just sold a patent for £30,000, and I shall want a few things for myself, and also for this gentleman, Mr. Bogaerts, "that they were taking a house—the £5 cheque was paid—on the Tuesday or Wednesday following he came again, and picked out some goods for himself amounting to £26—he said, "I have no money on me, but I have a cheque for £45; do you mind taking that?"—I said it was rather a large amount—this is the cheque; it is dated 31st July—he said, "It will be perfectly right; it is the same as you had the £5 cheque of; give me your cheque for £19, and date it the 3rd of August, and I pledge you my word that I will not receive the money for it till you receive the money for the £45 cheque"—I gave him my cheque for £19, but did not allow him to take the goods—he said, "I shall bring my friend Mr. Bogaerts in tomorrow to buy some goods for the house"—he came by himself next day, and said, "I have come to pick out some goods for Mr. Bogaerts; he don't speak a deal of English, but I am furnishing his place, and I will bring him down in the afternoon to complete the purchase"—he picked out goods to the amount of £94, and about half-past four he drove up in a cab with Bogaerts and a lady; they looked at the goods, and Bogaerts gave his consent to the purchase—Krantz introduced him; he said, "This is the gentleman that sold his patent for £30,000, Mr. Bogaerts"—he pointed out the goods he had selected, and Bogaerts said, "Good, good, good"—they asked me to send them home next day; I would not allow them to take them—Krantz said, "I am going to give a party, and I want some of the goods for the evening"—I think that parcel came to about £5, and I sent them, but the larger part are in my shop now; I never parted with them; I sent the £5 worth to 91, Hatton Garden, and got a receipt for them—Bogaerts gave me £2 later on—I got this cheque for £100 as a deposit. (This was dated 25 th July, drawn by Richard Frowan and Son, on the City Bank, in favour of Krantz, and endorsed by him)—Bogaerts said that Krantz would pay me £94 for the goods, and I should return the cheque, that was to show it was a bona-fide purchase—three or four days before my £19 cheque became due I went to 91, Hatton Garden, to see Krantz—they said he was not at home—I said I knew he was, and after a good deal to do he came down—I said to him, "You know this is nothing but a swindle, and unless you turn up my £19 cheque it will be the worse for you"—he said, "You will get it all right; wait a day or two"—I said, "I think I have waited long enough; I am determined to have my cheque tonight".—he said, "I can't do it"—I said, "What have you done with it?"—he said,. "I have changed it, and I can't give it you"—I said, "Who has got it?" and after a good deal to do he said, "Mr. Simmonds, of Houndsditch" that he had the cheque and £4 worth of goods for it—when he found I was going to take proceedings he said "Don't make any more noise, I will be down at your shop in the morning"—he came in the morning with his father-in-law, Mr. Muller, who is housekeeper at 91 A, Hatton Gar den—after some talk Krantz said, "If you wait till tonight your money shall be ready"—I said I would give him another chance—he came in the evening with Bogaerts—I said, "This is only a swindle; I am determined to be paid my money one way or the other"—he said, "No, it is not, we
can't pay you tonight; we will pay you in two or three days"—I said, "If you mean bona-fide give me £10 tonight"—he said, "I can't do it"—I said, "Give me five"—he said, "I can't"—I said, "Give me two, "and Bogaerts put down £2, and said, "I will come and fetch the rest in two or three days, "and I saw no more of them—I paid the two cheques of £45 and £100 into the bank, and they both came back, "No account"—I stopped my own cheque of £19 next day—I saw Mr. Simmonds; I am sorry to say he is the victim through my foolishness—I afterwards received this letter from Krantz. (This was headed in lithograph, "The Bogaerts Patent Developing Company. Capital £100,000; 91A, Hatton Garden. August 13th, Dear Sir,—I have arranged with Messrs. R. Frowan and Co., and shall in a day or two restore you your cheque of £19; at the same time I will settle for the goods sold.—Yours truly, F. Krantz."
Cross-examined. Bogaerts has had no goods of me—I would not send them—he put down the £2 to show his bona-fides—the two cheques of £45 and £100 are not endorsed by him—he did not speak a deal of English—he was not present when Krantz said he had come to buy goods for him—they came together afterwards; Bogaerts did not say anything then; he consented to the purchase—I showed him a diamond ring, and Krantz paid they had bought £300 worth of jewellery at Mr. Barnett's, in Holborn—Krantz asked me to send the goods; Bogaerts did not, but he said he would come tomorrow and pay the £8, and then he would tell me where to send them—I did not know Muller; he told me he was the housekeeper at 91A, Hatton Garden, and I went and saw him there—Krantz first told me to send the goods to Hounslow, where he had purchased two houses.
JOHN DAVID SIMMONDS . I am an oilman, of 148, Houndsditch—on 23rd July I sent some goods to Hounslow for Krantz—I saw him on the 25th; he told me he had come to pay for the goods, and produced this £19 cheque of Mr. Lyman's, endorsed by both prisoners—the amount owing was a little over £3—at first I demurred to changing it; I had known Krantz years ago, or I should not have entertained it at all—I knew Lyman's shop, but not himself—Krantz said he wanted a cheque for £10 to send to Belgium to Madame Bogaerts; it would not be cleared for a week, and if I would let him have it and the balance in cash the goods could remain till they were cleared—I gave him a £10 cheque and £5 in gold—he asked me to make the cheque payable to Madame Bogaerts—a day or two afterwards I saw Mr. Lyman, and I at once wrote to stop the cheque, but it was too late—I afterwards saw Krantz on three occasions—first of all he came to see me; he was very much offended with Mr. Lyman, who had been to see him—he said his solicitor would bring the money that night or next day if I would give him Mr. Lyman's cheque—I said I would if he brought me the money—he did not bring it, so I did not part with it—I pressed him, and he sent me a bill for £20, dated 10th August, at two months—it was dishonoured; it was accepted by Krantz and Bogaerts.
Cross-examined. I had known Krantz twenty years ago—he was then at work as a walking-stick maker in the neighbourhood of Houndsditch—I have only seen him three times since—I knew his father-in-law better than I knew him, and he was with him when I changed the cheque—I did not see Bogaerts at all till some time afterwards.
—I am the owner of Leadenhall Buildings, City—in August last I had some rooms to let there on the third floor—on the 1st I heard there were some inquiries about them, and this letter was handed to me by the house keeper. (This was headed, "Bogaerts Patent Developing Company. Capital £160,000, "and offered £100 a year for two rooms signed by Krantz and Bogaerts, managing directors)—two references were given, C. M. Muller. 91A, Hatton Garden, and H. Danzeker, Bow Lane—I received replies from them—I did not know that Muller was merely housekeeper there—I believed the application to be genuine, and a draft agreement was sent for their perusal; it was never completed—it was a tenancy for a year certain, commencing on 8th August, at £100 and 4s. a week for cleaning, between myself and Bogaerts, of Hall Road, St. John's Wood, three months' notice to be given—they entered into possession on 8th August, and furnished the office—they paid no rent, and gave no notice—they left; I don't know the date—the furniture was sold to the incoming tenant, and was applied to the rent.
Cross-examined. I did not go and see Muller—I caused him to be written to, and received a reply, also one from Danzeker—in consequence of those two letters I let the premises to the prisoners—half a quarter was due on 29th September—I have not received anything from the incoming tenant; he is to pay the same rent.
WILLIAM HILL . I am housekeeper at Leadenhall Buildings—acting on Mr. Shepherd's behalf, I let rooms 1 and 2 on the third floor to the prisoners in August—they came together and inquired about the rooms; I told them the rent—they said they wanted the office for the Bogaerts Co.—I asked them for references, and they handed me this piece of paper, with the names of Muller and Danzeker on it—I said inquiry should be made of them, and if satisfactory they said they would take the premises from the half-quarter, 8th August; they told me to have put on the door "The Bogaerts Patent Developing Company; capital £160,000, "and "B. Krantz" in the corner—they gave me this document, from which to prepare the agreement—I received the draft agreement from Mr. Shepherd; the prisoners took possession, and were there on and off from a month to six weeks—I saw them both there—I found out that they had taken offices at Westminster, and I went there with the agreement for Bogaerts to sign—I saw Krantz; he told me that Bogaerts was abroad, he would be back in a few days, and would sign it; he showed me over the rooms 8 or 10, and said, "Your offices are too small for us; you let them for me; of course we are answerable for them"—I said, "Of course you will pay me my commission"—he said, "Yes, £5"—I said, "No doubt I can let them"—I had the furniture valued by a licensed broker at £41; the incoming tenant took it at that price; I received the money, and handed it to Mr. Shepherd; that was the way he was paid—during the time the prisoners were there very few people came to see them, in fact they did no business there; they had not commenced their business.
Cross-examined. Krantz did most of the speaking; he negotiated, but Bogaerts always asked me what I was saying; he did not speak good English.
THOMAS HOCKLEY . I am the owner of 91A, Hatton Garden—neither of the prisoners was ever a tenant there—Muller was housekeeper there—he paid a small rent, as he had larger premises than were necessary for
a housekeeper—I believed he was Krantz's father-in-law; he visited him there—I have seen him there two or three times—I did not know of Muller carrying on any agency for somebody at Marseilles.
Cross-examined. He had been there since Christmas, 1884—he had the top floor, consisting of five rooms, for which he paid 8s. a week.
FRANK YARDLEY. I am secretary to the Westminster Trust Company—among other property they have Victoria Mansions—in August last we had some suites of rooms to let on the third floor of No. 4—larger offices than he had in Leadenhall Street; had we any to suit him?—he saw the rooms, and said he thought they would suit him—I asked what he proposed to use them for—he said for a large company he was connected with, which they were going to bring out in London; they wanted one for a kind of museum and showroom for pictures which were produced by Bogaerts' patent; he said the capital of the company was to be £400,000: they should not go to the British public at all; it was subscribed in the Continental cities by financiers who knew the value of the patents, and were willing to put their money into it; he said he was to be the general administrator and business director—I asked where their factory was: he said at present it was in the Finchley Road, but the aim of the company was to get all the patents for the Colonies, and foreign patents as well, and make it into one large company; that there was also a large factory at Belgium, where they were working; but they were in negotiation for the Albert Palace, and they intended then to stop the other factories, and carry it on in one large building, which would be more economical; he said he would bring Mr. Bogaerts to see the offices—he did bring him, and introduced him as the technical director—Bogaerts was how the rooms—I cannot tell you what he said—he did not speak to me, except an occasional sentence; the conversation was chiefly in French—he seemed very pleased, and thought they would do nicely—there were ten rooms; the rent was to be £450 a year—I asked for a reference, and said we made it a rule to get a banker's reference—he said they were only just started, that they were strangers here, and could not give any banker's reference, but would in a few days, and in the meantime he would refer me to Mr. Shepherd, the owner of Leadenhall Buildings; and it was arranged that I should go the following morning and take the agreement for signature, if I found the reference satisfactory—I accordingly went and saw Mr. Hill, who said he had the highest references with them, and could confidently recommend them—I then went and saw the prisoners together, and the agreement was executed and signed by both, and they took possession; five of the rooms were very nicely furnished—I did not know of their being in custody till I saw it in the papers.
Cross-examined. Krantz told me that the pictures were well known on the Contient—they were there from 30th August till the day of their arrest—I told Krantz that I had heard Mr. Bogaerts' name before, and that I had heard of the patents—I saw some of the pictures; they were pointed out as being produced by the company in Belgium; I saw these two, among others—I saw Colonel Perry, once I think, in the building; I did not know him at all in connection with the company until I heard of the Police-court proceedings.
Atkinson and Co., furnishing warehouse, Westminster Bridge Road—on 5th September Krantz called and said he represented the Bogaerts Re united Patent Developing Company; he said that they had taken offices at Victoria Mansions, and desired to furnish them—he selected articles of furniture to the amount of about £100, which were delivered—I after wards saw him at the Mansions about other articles, and asked him for some money on account—he said the money would be paid on the completion of a certain scheme they had in hand—we had not supplied more then the £100 worth—he said the head office of the company was in Paris, and all accounts had to go through that house before they could be paid in London, but he said that ours would be passed through, with a note that it must have precedence, being a first transaction it must be prompt—he said they were in treaty with the Court of Chancery for the Albert Palace, that it would be completed on a certain day—I saw a plan of it on the table—he ordered further goods, but that was not executed—they had further goods, and we did some work at the place—our account altogether was about £217—nothing has been paid—I went one day to Krantz's office, and Bogaerts was sitting at the desk with him, and he said, "This is Mr. Bogaerts"—the plans were on an adjoining table.
Cross-examined. I made inquiry from the secretary of the Mansions before the £100 worth of goods were delivered—I saw Krantz on all the occasions; he acted as for the company—the only time I saw Bogaerts was in the office, occupying the same desk as Krantz—he did not say anything.
ELIZA ADAMS . I keep a private hotel at 35, St. James's Place—in October I was desirous of raising £4,500 on mortgage, and spoke about it to a Colonel Perry, who has been a visitor at my hotel from time to time; after that I met at a reception at Clapham Colonel Perry and Krantz—Colonel Perry introduced Krantz to me as Baron Krantz—I spoke to Perry in Krantz's hearing as to my failure in getting the money—after that I received letters from Perry, and on 9th October I went to Victoria Mansions—I asked for Colonel Perry; I was shown into Krantz's presence—he said Colonel Perry was not at home—I waited some time for him—while waiting Krantz showed me a plan of the Albert Palace, and said he had paid £25,000 for the palace, which he was going to rent to the Bogaerts Patent Developing Company—he showed me where he should have his own house built in the grounds of the Albert Palace—he asked me if I should like an appointment in the palace, and he would give me the management of the restaurant, at a salary of £500 a year—I was pleased to accept such a thing—when I said I must go he said, "I know what you want to see Colonel Perry about"—he said he had noticed my worried appearance, and he had asked Colonel Perry what troubled me, money or family troubles; and Colonel Perry had said family troubles—I said, "Nothing of the sort, it is money troubles"—I wanted to shift the mortgage, as the mortgagees wanted the money—he said he would enable me to do that, as I understood, by money advanced by the Bogaerts Company at 5 per cent.—he said they had brought out a patent for which they were to receive £1,250,000—he said he had a similar palace in Paris—I believed all his statements; I thought he was next to Baron Rothschild, as far as money was concerned—he said, "I know what was in Colonel Perry's last letter to you, he wants you to
write out some cheques"—that was the purport of a letter I had from Perry, and I came to tell him that I could not do it, as my banking account was too low—I told Krantz I came to say I could not do it, as my account was only just surviving—he said, "That is all I want; it is only the accommodation of your bank, it is not money I require"—he said there was so much money coming from Paris that he would pay £100 into my bank if I would just write the cheques out; they would not be paid till the money came—I believed that, and also that I could have the £4,500—I then wrote out ten cheques amounting to £78 2s.; four in favour of Krantz, three in favour of Perry, and three in favour of Bogaerts—Krantz gave me the names—this is the receipt he gave me for the ten cheques—it was understood those cheques were not to be presented until he paid in money to meet them, that day or the next—he said he would send me the money for the mortgage through the post, as it would be more legal—after that meeting I received through the post this letter of 11th October. (This, signed Bogaerts and Krantz, said it was their plan to take up the mortgage within a few days)—on the 10th I went, taking these four other cheques with me—I filled them in in the office under Krantz's direction—they were drawn to Bogaerts's order; they amounted to £79 5s. in all, one being for £25—they have been presented and returned marked "N. S, "and "account closed"—on 12th October I received an intimation from my bankers, in consequence of which on 13th I wrote to Krantz. (This said that she had heard from the bank manager, and that she would call at his office)—on Monday I went to the office and told Krantz what had transpired on Saturday, and asked him if he had received my letter; he said no—I found through being insufficiently addressed it had not reached him—I said I was surprised that the cheques had been sent through—he said it was a mistake, and that he would see to it at once—I was pacified, and went away quite content that it would be seen to—on the 15th I took him £6, and £18 on another day (it was all I had) to make up this deficiency as far as I could on the £25 cheque, one of the four I gave on the 10th—Krantz paid it to Bogaerts then—it is to the order of Bogaerts, and endorsed by him and not paid—on the 15th I saw Bogaerts in Krantz's office, and he introduced himself to me as a director of the Developing Company, and he said, "We are agreed that the company shall lend this money"—he seemed to understand all about it, but he did not understand very much English, I had very little conversation with him—Krantz introduced me to him as Miss Adams, who kept an hotel in St. James's Place, and said he had already spoken to me about the place of restaurant-keeper which I was to have—a day or two after I saw Bogaerts at the office, Victoria Mansions, and talked with him only about pictures—I next saw Krantz on the morning of the day he was arrested, the 24th—between 15th and 24th it came to my knowledge that a number of my cheques had been presented at the bank, and had been dishonoured—Krantz said the money was sure to come, I was not to worry—I was reassured down to the time of the arrest.
Cross-examined. I have known Colonel Perry about two years—he told me he had heard of my difficulty, and would get me the money, and he introduced me to Krantz—Perry wrote asking me to write eight cheques, and I went to him to say I could not do it—I understood Perry was one of the heads or secretary of the company—I did not see Bogaerts when
I first saw Krantz, but some time after that—I entered into arrangements to give cheques with Krantz alone; Bogaerts was not there—Krantz said he would lend me the money to pay off my mortgage, and then I could sell off the hotel and go to the Palace—Perry has not stayed at my hotel, but he has called there—Bogaerts showed me a great many pictures, and said he would take me round and explain the process they were going to bring out at the Palace; he explained that a picture like this would be sold for a shilling or so—the conversation between me and him related to pictures and the Palace—the office was beautifully furnished—Perry introduced Krantz to me as a rich man—Bogaerts spoke very broken English; but I spoke so plainly to him he said he understood every word I said—he had great difficulty in explaining him self—I spoke to him about my becoming the restaurant manager.
Re-examined. Krantz said the company's money was lodged in the Bank of England, and he did not wish to draw on that till a certain date, and that was why he wished to draw on my bank.
WILLIAM JAMES . I am superintendent of the private accounts in the Bank of England—neither Bogaerts nor Krantz, nor Bogaerts Developing Company had accounts there—neither individually nor Collectively.
SAMUEL HAYMAN . I am clerk in the Registrar's office of Joint Stock Companies at Somerset House—I have searched the register, and can find no trace of the Bogaerts Reunited Patents Developing Company, or the Bogaerts Patents Developing Company, or the Bogaerts Free Correspondence Company, or the Bogaerts Provident Sick Benefit Society, or the Bogaerts Panorama Company, or the Bogaerts Universal Company.
Cross-examined. The Bogaerts Engraving Company was registered on 6th March, 1888; the office was given as 46, Queen Victoria Street, and the nominal capital as £30,000 in £1 shares—I have the file of proceedings here.
Re-examined. The seven subscribers took one share each—there was a contract showing that Bogaerts had taken 29,993 shares.
EDMUND ALLABONE CHEVERTON . I am articled clerk to Mr. Macdermott, a solicitor acting as liquidator for the Albert Palace—any proposal with reference to the purchase of the Palace would come under the notice of my principal through our office—no one has purchased the Palace—neither of the prisoners made any offer to us for it—the Bogaerts Reunited Patents Company have not negotiated for the purchase of it.
BONIFACE KNAPP . I live at 3, Maidment Road, Burdett Road, Bow—four years ago Krantz called on my father, a schoolmaster, and stayed to tea—that was the first introduction—he was not a man of means then—on 7th September this year I went with my father to an office in Leaden hall Buildings, where I saw him—he took us into a private office, and explained a scheme he had for buying a building near the Mansion House for the purpose of displaying advertisements, which were to continually revolve on a sheet inside the building; as I understood—by the side of it was to be a free correspondence company, where anybody could write a letter free—there were also to be tables for eating purposes, with an invention by Krantz by which you touched a knob, and a dinner would appear under a desk—you touched different knobs for different
dishes—this was all under Bogaerts Free Correspondence Company—I went to Leadenhall Buildings every morning—I saw Bogaerts there—he and Krantz had meetings and conferences there, sometimes for many hours, in another room—he mentioned to me the Bogaerts Reunited Developing Company, to assist other people in bringing forward their patents—he said the capital was £3,000, which was subscribed abroad, and that the company was very vast in its extent—after that I went every day to the Victoria Mansions—I saw the prisoners there together in the same office—on 9th October Krantz asked me if I could change a cheque for him; he said he wanted some money by Saturday, and he was expecting some daily, but he wanted to pay a few small accounts—he said, "I don't like to pass a cheque through my own bank, because it looks so mean and paltry if I draw it out at once"—I said, "Of course I should have to cash it with a friend"—he said, "You need not trouble about that, it is all right, you can trust to me; Miss Adams owes me about £300, and she has about £200 to her credit in the bank"—I said I would see what I could do with it—this is the cheque—it is drawn, to Bogaerts or order—this is Bogaerts' endorsement on it; I know from seeing his writing in the office—Mr. Ayton, one of my father's trades men, cashed it—I paid the money to the prisoner on Thursday, next day—he gave me three other cheques, and asked me if I could change them—I said I would try—I went to Lloyd's Bank to see if they were all right—afterwards they were cashed—this for £10 was drawn to Bogaerts, and endorsed by him; the others were payable to Krantz, and were endorsed by him—I handed the cash for those three cheques to Krantz—he then gave me this cheque for £3 5s.; it was endorsed by Bogaerts—I was at Victoria Mansions up to within a day or two of the arrest—no business was done there—one copying-book was kept in which letters were copied; a directory was kept—the object was to obtain the Albert Palace, and I was waiting for that—at times Major Franklin was there—I understood him to be connected with the Albert Palace, an agent in negotiation for it.
Cross-examined. I cashed the cheque for £10 with Mr. Newport—the cheque for £25 5s. came into my hands, but I did not cash it; I passed it through Bardelow's banking account—I was at the Mansions to sell goods as soon as they were produced, and as a traveller—I saw pictures there; they were supposed to be reproductions, by the Bogaerts patent, of oil pictures—I had nothing to do with Bogaerts—I was in Krantz's private office; sometimes I saw him—he did not have an office to himself—four offices at Victoria Mansions were run into one another—Bogaerts was described to me as the technical director—I have only known him for the last eight weeks—Krantz told me about the Develop ment of Patents—Bogaerts had nothing to do with it, nor with the cheques—Krantz gave them to me.
Re-examined. While I was at Victoria Mansions Krantz mentioned the firm of Danzeker and Co.—I was to write letters to different firms, and make arrangements for the purchase of goods, which Mr. Lucas was to sell—Krantz was head of the firm; Lucas was also in it—its business was that of shippers—nothing was ever done beyond asking for prices—I once went to Hampstead about seven weeks ago and saw the two prisoners together in the parlour—that was just before the question arose of the cheques coming back.
By MR. HAWTIN. Krantz gave me the address to come and see them because he would have money that night to pay me something on account—I saw Bogaerts point pictures out to people at Victoria Mansions—sometimes I saw him at a desk, and sometimes in consultation with Krantz—I have seen Bogaerts's handwriting and signature half-a-dozen times—to the best of my belief it is his handwriting on these cheques.
Cross-examined. I spoke to Mr. Knapp about it.
CHARLES KEFFORD . On 10th October I cashed this cheque for £10 15s. for James Knapp, brother of Boniface Knapp, believing it to be genuine—it was paid into the bank, and returned marked "Account closed. "
FRANCIS NEWPORT . I keep the Royal Hotel, Mile End Road—Mr. Knapp brought me this cheque, and, believing it to be good, I cashed it—I paid it in, and on the following day it was returned marked "Account closed. "
Cross-examined. After its return I saw Mr. Boniface Knapp, and he said if I took the cheque to Mr. Bogaerts, of Victoria Street, I should get the money, and he gave me one of Bogaerts' cards—my manager went there.
Cross-examined. I went to the office, Victoria Mansions, and asked for Mr. Krantz; he was refused; I did not see him.
EUGENE BRADSHAW (Sergeant K). I arrested Bogaerts, and Gibbons arrested Krantz, on 27th October—they were brought together to West-minster Bridge Railway Station, where Bogaerts said, "We are very sorry; we know we have done wrong, and there is no money to meet the cheques, and Colonel Perry is no good"—he laid stress on Perry, as if he had led him into it—I noted that down at the time—Bogaerts seemed to me to speak very fair English—we had a general conversation on the road; he understood me, and I him—I found on Bogaerts a quantity of foreign letters, German and French; a halfpenny in money—after they were in custody I went to their office in Victoria Mansions—I produce a number of documents I found there, among them this large picture of the Albert Palace and grounds, with two ground plans; this agreement, dated 20th October, under which Krantz purported to let, and the Bogaerts Company to rent, the Albert Palace at £100,000 a year; these paying-in certificates, under which the capital of the Albert Palace, or rather Bogaerts Company, is stated to be £40,000,000; a number of printed headings, some stating the capital of the company to be £3,000,000, and others £100,000—I found a number of bills from Robinson, tailor; Pearce, baker; Neal, butcher; a County-court
summons from Neal, dated 2nd October—a claim from the Hampstead Brewery, asking for settlement for £45; a bill for engraving a plate; two letters from Mr. Shepherd, asking for payment of the rent of Leadenhall Buildings; a letter from Atkinsons, the furnishers, with reference to a carpet—I also found a number of Bogaerts' business cards; and, as affecting Krantz, a number of bills, among which were bills from Messrs. Bailey, of Aldershot and Long Acre, coach builders, for phaeton, brougham, etc.; a number of very valuable things, amounting to nearly £1,000—among the documents was one describing Krantz as a Knight of the Rose of Brazil.
Cross-examined. I arrested Bogaerts at Victoria Chambers—I searched him at the Police-station—he spoke fairly good English—he made the statement on the platform of the station, after we had been waiting there a couple of minutes—Krantz was with us—they both said they were sorry—Bogaerts spoke first, and afterwards Krantz joined in with it; he said the same words—I took it down at the time—I did not say at the Police-court the statement was made when they were first arrested; that was a mistake of the clerk at the Police-court; Mr. Sims explained it—I found these papers at Victoria Mansions.
JOHN GIBBONS (Sergeant K). On 24th October I arrested Krantz—he said, "Cannot it be settled by paying the money?"—he was taken to the station—I searched, and found on him several cheques drawn on Lloyd's Bank in favour of Bogaerts and others, and signed by Miss Adams; some County-court summonses, summonses in Bankruptcy, applications for payments of accounts and bills for ponies, and so on; an application to open an account at the Joint Stock Bank; three cheques for £100 drawn in favour of Bogaerts, which had apparently been re turned, marked "N. S. "; and thirty pawntickets, the first being June 22, 1888, for a cigar-case, 6s., and others running from date down to 23rd October, 1889, for a watch, 7s.—all the pawnings are articles of small value; the total represented by them is £21.
Cross-examined. I found cheques on Krantz, drawn in favour of Bogaerts—I was at the railway station—I said nothing at the Police court about the statement made by the prisoners, only that with regard to Krantz.
CHARLES NEWMAN PILCHER . I am a clerk in Lloyd's Bank, 24, St. James's Street—Miss Adams is a customer of ours—on 21st October £2 15s. 5d. stood to her credit—the account was closed on 12th October, the balance of 13s. being then remitted to her—before and after that a number of cheques were presented on her account, and all returned dishonoured.
CHARLES FORD . I am a clerk in the employment of the City Bank, Holborn Branch—I produce a certified copy of the account of R. Frowan and Co., who were customers between 27th June, 1889, and 6th October—they paid in £137, and drew out against it—the account was closed at our request on 6th August.
The following Witness was called for the Defence.
HUBERT BOGAERTS . I am the prisoner's eldest son—I came to England about twelve months ago with my father—I was before then photographer in the Bogaerts Engraving Company at Amsterdam—that company made engravings by my father's woodcut process—my father was
employed there at £60 a month for about a year—he made the acquaintance of Krantz through Frowan and Co., of 64, Queen Victoria Street—Krantz was a clerk to Richard Koehler, who carried on business as Frowan and Co.—my father was treating with him to sell his patent—Krantz told us he should get £30,000 from his relatives in Paris; that he should get £3,000 at once for rent; that he had not been paid for a long time, but was expecting it every day—I went to the Queen Victoria Mansions—my father was technical director there, directing the making of the pictures—I saw these pictures first at Erfurt, Holland, where they were first made by my father's process—he had three or four hundred workmen there—it is a process of reproducing oil paintings—I saw similar pictures at Victoria Mansions—my father carried on the reproduction for more than ten years at Erfurt, Holland—we had three or four hundred workmen there, at a cost of 1,500 to 1,700 florins a week—it is a company now in Brussels—my father was connected with the patent engraving process, an imitation of woodcutting, which was carried on at Hampstead—this is another specification in the name of my father, accepted on 27th of July, in connection with a process for the reproduction of oil paintings, drawings, and photographs from nature—for ten years my father has been engaged in processes of this kind, I know—I am only twenty.
Cross-examined. My father came to England about a year ago—he at once went to Hillside, Hampstead—he was not in England in March, 1888—I know nothing of this company being registered in March, 1888—146, Queen Victoria Street is an office of the Bogaerts Engraving Company—they are there now—I don't know what has become of Frowan or Koehler—I saw them, I think, last week at Mr. Danzeker's office—I made Krantz's acquaintance about six months ago—I met him at Koehler's, 146, Queen Victoria Street—my father was there at the time—he came to live at Hillside three or four months ago—he came to live there four, five, or six months after I met him—that was before they went to Leadenhall Street—there is a factory still going on at 10, Clayton Road, Hampstead—no one is here from there—my father was at Brussels for some time—he went into liquidation at Erfurt about February, 1884—he was not carrying on this large business after that time—I cannot say what he failed for—after his bankruptcy the thing was sold to a company—I don't think his creditors were paid; I don't know—he came here from Brussels—I knew Koehler a long time before I knew Krantz—he met Krantz in Koehler's office about six months ago, and was introduced to him—I don't know what Koehler was here about ten years ago when he was with us he was a director—I don't know what business he carried on in Victoria Street—he had a business—I saw lamps and pictures; no watches or clocks; I cannot say about cloth—I don't know what he was.
Re-examined. When I saw Koehler a little while ago in Danzeker's office he was ill; I don't know what was the matter with him—I was about fifteen when my father was bankrupt—I cannot say when the bankruptcy was annulled, or if he obtained his concorda.
GUILTY on both counts— Twelve Months' Hard Labour each.
Before Mr. Justice Hawkins.
MESSRS. CHARLES MATHEWS and BODKIN Prosecuted, and MR. TYRRELL
SARAH CAROLINE SPEED . I am the prisoner's wife—I lived with him at 75, Burford Road, West Ham, until 15th October; we kept a common lodging-house—I was married to him in 1876—we had lodging with us two people named Bailey, and a man named Low, he left at the beginning of February last—I lived peaceably with my husband from our marriage down to 1880, then he began to drink, and from that time downwards we had occasional quarrels, and in May, 1883, he was bound over to keep the peace towards me—since then there was a quarrel on our way back from a solicitor's, and he gave me a black eye—on the morning of 25th September this year we had a quarrel in bed, and I got up and left the room, he followed me and said he would hit me under the left ear, and I should fall dead at his feet—after that he left the house, as he said, to buy a lock, and in consequence of what he had said I left, not to return—I met the man named Low, who had previously lodged in the house, and I lived with him that night and for about three weeks—on 15th October I returned to the house about 5 o'clock; I had tea with Mrs. Bailey, and after tea went out again; up to that time I had not seen my husband—I went up a street and met Low, and went with him to two public-houses—I returned back home about eleven, drunk—I don't remember seeing my husband—I remember no more then—I don't remember going into the kitchen and lying down on a form—I remember falling from the form to the floor; that woke me up; I had been asleep—I saw my husband kneeling by my side—he did not speak to me that I know of; he gave me what I thought was a blow from his hand under the left ear—I did not know anything about the cut till I found the blood flow—I was picked up by Hylett, and the police and a doctor came—I am not out of the doctor's hands now—I gave evidence at the Police court on 6th November.
Cross-examined. I did not see my husband when I went in at five, or when I came back at eleven—I don't remember anything that happened after I came back—I remember seeing my daughter Rose, not the other, Sally, she is thirteen—I do not remember saying, "I will be b----if I will; I have a man that I have been living with."
ROSE SPEED . I am a daughter of the prisoner and last witness; I am eleven years old—I lived at home with them—my mother went away in September and came back on 15th October at quarter-past eleven; I was in the kitchen, she was drunk—she was sick first, and then she went and laid down on the form and went to sleep—she fell off the form on the floor; father was not in the kitchen at that time; he was standing at the front door smoking his pipe; he came into the kitchen while mother was lying on the floor—that was about quarter-past twelve; he had a knife scraping the dust out of his pipe—he went and knelt down beside mother and he cut her throat—I saw him do it, close to the jugular vein; he did it so, first down, and then along—he took the knife out of his pocket; that was after I saw him scraping out his pipe—he put it back into his pocket
after he cut her throat, and then he turned out the gas and went upstairs to Mr. Bailey, the lodger—mother remained on the floor, I holloaed to Mrs. Bailey, she came down, and Mr. Bailey went for a policeman—John Hylett came and held mother in his arms, then a policeman came, and a doctor came and attended to her—I did not hear father speak to her before he did this—I should have heard if he had—I don't remember whether she spoke to him; I don't think she did—I saw no struggle between them.
Cross-examined. Father came home ten minutes after mother; he came in the kitchen; he did not stay there; he went to the door—I did not try to get my mother to go to bed, nor did my sister; one of the lodgers did—a man offered her eightpence to get a bed of her own—she said she had a man that could keep her—that was just as she came home—she said she had been living with a man while the had been away; it was after that that she fell down—father did not see her fall; she was lying on the ground when he came in; he had his pipe in his hand; he had not his knife in his hand then—he took it out when he was standing opposite the form—after that he went to pick mother up, and she fell down again.
JOHN HYLETT . I am a porter, and live at 75, Burford Road, Stratford—about half-past one in the early morning of 16th October I heard screams of murder from the kitchen; I went downstairs and found Mrs. Speed lying on the floor, and blood coming from her throat; I picked her up in my arms, and did what I could to stop the bleeding until the police and the doctor came—I did not see the prisoner.
AMY BAILEY . I am the wife of William Bailey, and have been lodging at 75, Burford Road since September, 1887; the prisoner was our land lord—of late he has been somewhat given to drink—some time in June I saw Mrs. Speed with a black eye; she made a statement to me about it—in September she left the house—the prisoner spoke to me about her; he seemed very uneasy about her; he said several times he wished she would come home and see to her family; at another time he would say she was best away, and if she came home he should do for her—I heard him say that two or three times, but he repented of that—he seemed very much deranged in his head at times; he seemed in great trouble about her—I heard him say afterwards, "Oh no, I won't; if she would come home I would not say a word to her"—he was drinking a good deal at this time—I was at home on the 15th October—I saw him in and out of the kitchen several times that night—Mrs. Speed had come home that afternoon, and had tea with me—his mother-in-law told him in the evening that she had been home; he said he knew all about it, and he asked if I had given her any money; I said no, but she had been in the kitchen and taken one or two shillings for a couple of single men's beds—he said, "That's all right"—that was between six and seven in the evening—I saw him again about nine standing on the kitchen step; Mrs. Speed had not returned then—I went to bed just before eleven; about one I was awoke by a knock at my door; my son opened the door, and the prisoner came in—he was fully dressed—he said, "I have killed her"—my husband said, "Nonsense;" the prisoner said, "I have; I have killed her stone dead; Bill, you know I have been drove to do it"—he seemed in very great trouble about it—I jumped out of bed and left the room; the prisoner followed me down to the kitchen; there was no
light, only by the two fires—the gas was out—I saw the wife lying on the floor, and a wonderful quantity of blood; I said to the prisoner, "Pray let us have a light;" he went to the meter and turned on the gas, and then lighted the burner—I ran and called my husband down, and Mrs. Speed said, "He has cut my throat"—the prisoner stooped over the form and took his wife's hand into his kindly—whether he kissed it or not I could not say, as he immediately left the house—in about twenty minutes the doctor came—when I came back from calling my husband I found two of the kitchen doors bolted—they were open before that.
Cross-examined. When the prisoner came up to my room he seemed in very great trouble; he did not seem to know what he was doing or saying; he kissed me and said, "Be a mother."
WILLIAM EDWARD BAILEY . I am the husband of the last witness—about one in the morning of 16th October the prisoner came to my room; he sat down and said, "Bill, I have murdered my wife"—I said, "Non sense"—he said, "I have been drove to do it, and I told you before that I would do it"—I again said, "Nonsense"—he said, "I have killed her stone dead; I will kiss your wife and your children, and I will kiss you also, and I will go and kiss my children, and give myself up"—my wife left the room and he followed her downstairs, and I did not see him again that morning.
Cross-examined. He was in a very excited state, and hardly knew what he was doing or saying.
WILLIAM WILLS CROFT (Policeman K 254). On 16th October I heard cries of "Murder! and Police!" which took me to this house, where I saw Mrs. Speed lying on the ground with her throat cut—in consequence of what I heard I went in search of the prisoner; I found him at 28, Preston Road, about twenty-four yards off, where his mother lives; when he saw me he said, "I know what you have come for, I know you want me; I have done it, and here is the knife I done it with"—he handed me the knife, and I produce it—on the way to the station he said, "I have done it, and I hope to Christ she is dead."
Cross-examined. I am quite sure of the words—I am speaking from memory—that was what I said before the Magistrate—he was in an excited state.
Re-examined. He appeared as if he had been drinking a little—he knew what he was saying.
JAMES CHARLES FOLEY . I am an M. D. and licentiate of the Royal College of Physicians, Edinburgh—I practice in High Street, Stratford—about half-past one in the morning of 16th October 1 went to 75, Burford Street, and saw Mrs. Speed lying on the floor in the kitchen in a large quantity of blood; she seemed to me to be dead—there was a wound in her neck about three inches in length, of an irregular shape, and wide enough to admit of the tip of my forefinger, it was about half an inch deep; it had the appearance of being the result of three actions, as if the point of the knife had been introduced first, then a cut in the shape of a distinct curve from that, and then in a line more or less straight from that curved line; there were three distinct stages of the wound—I found it was not a mortal wound, there was no arterial bleeding, the jugular vein had escaped, I sewed up the wound; the quantity of blood lost was very great, considering that no vessel had been opened—it was a wound that might have caused death—I had her put to bed; she was under my care
for about three weeks; in fact, she is still under my care; she is still suffering from partial paralysis, which causes her utterance being so bad; her life was in danger—such a knife as the one produced might have caused the wound.
Cross-examined. There was only one wound—I do not think that falling on the knife would cause that sort of wound.
WILLIAM BOOTS (Police Inspector). I was at the station when the prisoner was brought there—he was charged with feloniously cutting and wounding his wife with a pocketknife, with intent to do her grievous, bodily harm—he said, "I should like to say something"—I said, "If you wish to make a statement you can do so, but it is my duty to caution you that what you say will be taken down in writing and produced at your trial"—he replied, "I am quite willing to make a truthful state ment of what happened"—I took down what he said, read it over to him, and he said, "Quite right, "and signed it—this is it (read," My wife has been away three weeks today, living with another man, John Low. About 11.30 p.m., on the 15th inst., my wife came home the worse for drink, and came into the kitchen and laid on a form in front of the fire; my two daughters asked her to go to bed; she said, 'I am b----if I will, I have a man I have been living with.' I was standing at the front door at the time and heard her fall; I went into her with my daughter Rose; I had a knife and pipe in my hand; I was cleaning my pipe out; I moved across the table and sat cross-legged. I prayed her to go to bed. She said, 'No, I will not, so long as I like.' I said, 'Have you come to torment me after leaving my children lousy and dirty; I went to pick her up, with the knife in my hand. She struggled, and in the struggle the knife stuck into her; then I knew I had done something wrong. It was an accident. I could not stop to see what I had done. I went to my neighbour and told him I had stuck a knife somewhere in the throat of my wife, and I went to my mother-in-law and told her what I had done. "
GUILTY on First Count. Recommended to mercy, having done the act under strong provocation.— Seven Years' Penal Servitude.
Before Mr. Recorder,
49. CHARLES FRENCH** (33) PLEADED GUILTY to stealing an overcoat, a watch, and other articles, the goods of Henry Blackwell, having been convicted at Clerkenwell on May 5, 1884.— Twelve Months' Hard Labour. And
Before Mr. Common Serjeant.
MESSRS. FORREST FULTON and HORACE AVORY Prosecuted; and MESSRS. GEOGHEGAN and ISAACS Defended Robinson.
EDWARD GEORGE SCHLEISHER . I am a lighterman in Messrs. Dealing's service—on 1st October I loaded the barge Faith with 543 bales of hemp at the Albert Docks, and left her safe at half-past five that day—on 6th October I saw at the Police-station three bales similar to those I had loaded—there were twenty or thirty different marks on those I loaded—the bales at the Police-station had marks—I cannot say if the marks were similar—we never look at marks on a large parcel like that—I cannot say the marks were similar.
WILLIAM HENRY THOMAS . I am foreman lighterman in Messrs. Dearing's service—on 2nd October, between 3 and 4 a.m., I took charge of the barge Faith in the Albert Docks—the cargo was then in good order, well lashed down with tarpaulins, and had no sign of being disturbed—I took it to Orchard Wharf, Blackwall—between four and five on the afternoon of the next day I took her to Mill-wall, and handed her over to Evans, the watchman—the cargo was then covered with tarpaulins, and well lashed down.
THOMAS EVANS ., I live at 9, South Dock Terrace, Poplar, and am watchman to Richard Dearing and another at Mill-wall Wharf—at half past four on 2nd October I took charge of the barge Faith from Thomas, and remained in charge of it till half-past 9 p.m. on 2nd October, when I left the barge quite safe, fastened down and so on—it was lying high and dry outside the wharf—there was no night watchman on the barge—I came back at 4 o'clock a. m. on 3rd—the barge was there; the tide had come up to her—I made no examination of her—I remained there till she was unloaded the same day.
FREDERICK CUNNINGHAM . I am deputy-foreman at Mill-wall Wharf—I superintended the unloading of the Faith on 3rd October, beginning at half-past seven a.m.—on removing the tarpaulin I discovered a vacancy that a practical lighterman would not leave—I counted the bales as they were unloaded, and found there were 539—every bale bore a mark to describe the quality of the hemp—we don't take account of each mark; one bale may contain about ten, twenty, or thirty different marks—I afterwards saw three bales of hemp at the Police-station; they were marked—I identified them as three of four missing bales—two of them were marked "C. A.,"and one "A.G.H.,"which were our marks.
Cross-examined by MR. GEOGHEGAN. The mark "C. A." on a bale would show the quality of the hemp—"A. G. H." would be a different quality—I do not know who the shipper was—the ship was the Deucalion—I have not got the manifests—I have nothing to show the bales came from that ship; I heard they did—I did not see them removed from the ship—whether the three bales I saw at the Police-station came by the Deucalion, consigned to Messrs. Dearing or not, I don't know of my own knowledge.
Re-examined. The 539 bales of the Faith were marked "C. A." and "A. G. H., "and many other marks—we had something like twenty-eight marks in the whole ship—the bales marked "C. A." and "A. G. H." had no other marks on them—there were 118 marked "C. A." in the Faith—the number consigned would appear on the manifests, which I have not got—I examined 539 bales—I have my tally-book with the entry I made at the time, of the contents of the barge—118 marked "C. A." were entered in the manifests, and should have been in the barge—I cannot tell how many there were—I did not tally the separate marks—I examined
thirteen bales in the possession of the police; they corresponded in every respect with the bales which came in the Faith.
By MR. GEOGHEGAN. I entered this "2 C.A." and "1 A.G.H." in my tally-book after I had seen the bales at the Police-court—my tally was simply the number of the bales, with no mark to show they were "A. G. H." or "C.A."
RICHARD DEARING . I am a member of the firm of Ross and Dearing,. lightermen, of 75, Mark Lane—we were carriers of this Manilla hemp for some one else, and as such it is our property—we received it from the company in the Albert Dock—we had documents showing it came from the Deucalion—the Dock Company have those documents—the barge was loaded by us and taken to the Millwall Wharf—this cargo was consigned to J. W. Cook, proprietor of Millwall Wharf—this is the consignment note to him from our office—I have not got here the gentleman, who wrote it; it passed through my hands when it was written.
ALEXANDER GEORGE CARTER . I live at 9. Newcastle Street, Green which—I know the prisoners—about half-past 4 a.m. on 3rd October I went down the Anchor Stairs to look after my father's boat—it was not moored in the place I expected it to be—about half-past nine, Cobb brought it back to the stairs—I then found about a couple of handfuls of jute lying at the bottom of the boat, which in other respects was all right—at half-past four, when I found the boat missing, I noticed three bales of jute in the water fastened to the piles with string—about seven o'clock I saw Howden with Con Shea—about half-past nine I saw Tracy rowing in his grandfather's boat—he left that, got on shore, and got into Parkinson's boat—then the bales which were tied to the boat were towed round by Con Shea and Howden to Robinson's Wharf, next to the Anchor Stairs—the bales were then hove up at once from the water by a crane on to Robinson's Wharf—I saw nothing of Robinson.
Cross-examined by MR. GEOGHEGAN. Robinson's Wharf has a good river frontage; it is below Greenwich Hospital—I saw nothing of the bales after they were being hove up—Howden fastened the crane hook to the bales which were then in the water—Con Shea was then on a barge which was lying outside—there is a wall to stop people from seeing what was going on; you could see it from the Anchor Stairs on the barge—Piper had charge of the barge—I was in a boat at the foot of the stair case and could see it—all I saw Tracy doing was rowing in a boat with another boy, Sylvester—I did not see Robinson when the things were lifted on the wharf.
ALFRED WESTWOOD . I am fifteen—between nine and ten on the morning of 3rd October I was working on board Mr. Piper's barge at Union Wharf, which is next to Robinson's Wharf—I saw Tracy and one or two men (I don't know if Howden is one of them), and I saw a bale being heaved up from out of the water into Robinson's Wharf—two men were in the water at the time, and I saw Robinson looking over towards the boat at the time the bale was heaved up.
Cross-examined. I live with my father and mother—I came here by myself today; mother gave me the railway fare—the police came to me about three weeks ago as I was standing on Union Wharf—I went to the Police-court, but I was not examined—the detective I saw asked me whether I saw Robinson, and a few other questions—he took down my answers on a piece of paper—that was the only time I saw him—I don't
know his name—I have seen him here today—I saw Robinson looking over towards the boat, so that any person on the barge underneath could see him.
GEORGE WESLEY . I work for Mr. Piper at his wharf, which is next to Robinson's—between nine and ten a. m, or a little later, on 3rd October, I was working on a barge which Piper was repairing—it was moored at the time under Robinson's Wharf—I saw Robinson on the wharf; he told me to take the barge away; he did not want it alongside of his wharf—there was a boat there at the head of my barge with three people in it; Tracy was one—they had some bales alongside the boat floating in the water—I did not move the barge, but went and told Mr. Piper what Robinson told me—I did not go back again to the barge—I cannot identify either of the other two persons in the boat.
Cross-examined by MR. GEOGHEGAN. I daresay it was about ten o'clock when I saw Robinson—Tracy was not doing anything when we saw him in the boat—I went and saw Mr. Piper about ten minutes afterwards.
Re-examined. I fell overboard, and then went and told Piper while I had my wet things on.
JAMES RICHARD PIPER . I live at 2, Annandale Road, Greenwich, and am a barge and boat builder at Union Wharf, which adjoins Robinson's Wharf—about 9.30 a.m. on 3rd October I was on my wharf, and saw a boat with three men in it, none of whom I can recognise, near a barge I was repairing—they had something alongside them in the water; it looked like dirty hemp—one bale was heaved up by Robinson's crane on to his wharf—then I was called inside, and went away, and did not see what became of the other two bales—Wesley came and spoke to me soon after that, and about ten minutes after I saw the bale hauled up I received a letter from Robinson. (This letter stated that he should charge 5s. per day as long as the barge "Salt-light" was moored off his wharf, as it was there without his leave)—I went and saw Robinson at his wharf, and said I was surprised at his sending me the letter, when he had told me I could always have a craft there—we had a little row—I told him I should not shift the barge; he said he should cut the ropes, and let the barge go adrift—I told him if I ever saw any stolen property landed I should in form the police—at that time I saw one bale of jute or hemp hanging up by the crane, and one in a cart just outside the gate—a pony or cob was in the cart—I should say the bale in the cart was wet—the same night the police came and made inquiries of me—I had not communicated with them before they came—when the prisoner was on bail I saw him as I was walking from a railway-station—he asked me how the case was going on—I told him I had already given my report in, and I had spoken the truth—there had been one hearing then, I think.
Cross-examined by MR. GEOGHEGAN. Before 3rd October he had spoken to me once or twice about my mooring barges there—we are not pushed for room there—the prisoner's is the only firm which has complained about my mooring barges—I don't know of another gentleman complaining on his own behalf—I have known Robinson for some time—he sells iron and metal on his wharf—I don't know if he has a warehouse in Old Woolwich Road.
known as Mouse, brought three bales of jute off the Thames, and I have bought them for 18s. on account, and they have to call for some more money; they brought them about ten o'clock this morning; you can have them"—I said, "Are you prepared to give evidence against them?"—he said, "Yes, I suppose I must"—I said, "Will you keep charge of the jute?"—he said, "Yes, I will"—I made arrangements to arrest the two men—between eleven and twelve o'clock at night I went to look for Robinson, and found him—I accompanied him to the Anchor Wharf, which he occupies, and with his permission I placed a constable in charge of the jute—he said he would have it removed to the Police-station in the morning, and I saw it there then—I saw Tracy three days afterwards; he was brought to me nearly outside the Anchor Wharf by a constable—I said I wanted to speak to him, and took him to the Police-station—I said, "Do you recollect anything about a boat with hemp and two men one day this week?"—he then made this statement, which I took down—he did not sign it because I did not know at that time it was going to be made anything of; I only wanted to know what he knew. (The statement was here read, as follows: "On Thursday, 3rd October, at 9.30 a.m., I was on the Anchor Stairs. I had charge of Mr. Parkinson's boat. I was just going to moor the boat and was dropping the anchor. A man came down the steps, and said, 'Will you lend us that boat?' I said, 'No.' He said, 'If you don't lend us that boat I will chuck you in the water. 'He got into the boat and made me get out. He took the boat away. At that time there were three bales of jute floating, made fast to the anchor steps near Robinson's Wharf. I was away about half an hour, and when I returned the bales of stuff had gone. When I came back I found a boy in charge of the boat lying off Union Steps. He said Mr. Parkinson's boat was lying broadside at Union Steps. A man told me to bring her round.")
Cross-examined by MR. GEOGHEGAN. I know Robinson pretty well—there is a Police-station near Robinson's—Mrs. Francis, the detective's wife, told me Robinson called on him that morning—I don't know if it was before he came to me or not—I did not know those bales were stolen till I heard from Robinson that they were on his wharf—he is the first person who told the police about it, as far as I know—Francis was away very ill; I did not hear it from him—I heard from no other person the names of the alleged thieves—I understood by his saying, "You can have them," that I could have the prisoners, not the bales—he explained 18s. was on account, and that the thieves were to call again for the rest of the money, and then I could have them—I believe Robinson has a warehouse in the Old Woolwich Road—I did not search there—Inspector Regan, of the River Police, took Robinson into custody—he would be answerable for goods stolen on the river—I saw Robinson's warehouse searched—I saw a quantity of rags, bags, old rope, and marine store things lying about—there was something less than 500 tons of metal on the wharf; possibly 300 tons—I saw these two pewter pots in the hands of the police—Robinson is charged with receiving them—all we could find were those and the hemp.
Re-examined. This pot has apparently been newly done up and soldered; it has "W. A. Tucker, Salutation, Woolwich, "on it: that is a Woolwich tavern—the pot was identified by the owner—it was found on Robinson's premises—I found nothing like bales of hemp at the ware
house—there were the ordinary stores of a marine store dealer—there was no sign of a rope manufactory.
JOHN REGAN (Inspector Thames Police). On the morning of 5th October I went with Sergeant Howard to the Anchor Wharf, Greenwich, where I saw Robinson—I said, "We are police officers; I am going to take you in custody for being concerned with two other men not in custody with stealing four bales of Manilla hemp from the barge Faith between 9 p.m. on the 2nd and 6 a.m. on the 3rd, the property of Richard Dearing and another, value £20; you will be further charged with feloniously receiving the same, well knowing it to be stolen"—he said, "I cannot see that you can do that"—he was taken to the station and charged—on the way to the Police-court on the 5th he said, "I had an idea they were stolen, because Con Shea and Mouse Howden are two convicted thieves, and a d—d nuisance to me; I went to Inspector Phillips and told him"—I afterwards, with Howard, searched the wharf—I found these three pots among others in a cupboard in the office underneath Robinson's desk—I also found this book, which I called his attention to—I asked him if he had any entry in it, and he pointed to this at the bottom of the left hand page, "Howden and Shea 10a. m, three bales of jute, 18s. on account; X his mark.—C.A.R."—I see no other entry in the book where the time is put—Howden at the Police-court asked me who in formed me that he sold the jute to Robinson; I did not tell him—on 19th he cross-examined me as to who gave me information—I cannot recollect if he said anything after that.
Cross-examined by MR. GEOGHEGAN. I did not know until I heard from Phillips the names of the alleged thieves—Robinson's Wharf is a largish place, with a good river frontage—it is well stocked with metal; I should think there were 100 tons there—I searched his warehouse in Old Woolwich Road; it was well stocked—he came up when we were finishing—of all the metal at the wharf and stuff at the warehouse, these three pots are the only three things we allege against him in addition to the hemp—there were new hinges at the wharf—I found they were bought from Appleby Brothers and others—I found 30 tons of rivets—the account given by the prisoner of those was true—the account he gave of 7 or 8 cwt. of stearine wax we found was not correct; he is not charged with that—the earliest date in this book found there is 17th September—I do not produce other books of his—there are eight bins in the prisoner's office boarded up in front, and with a desk over them—I found these three pots among about thirty, I should think—other bins contained copper, brass, metal, etc.—the names of Wilkie and Soames, wax merchants, were mentioned in connection with the wax—one of my sergeants has seen them, and reported to me since this wax was found—he did not say they sold the wax to Robinson—Soames analysed a sample of the wax found at Robinson's, and it was similar to some stolen from their barge twelve or thirteen months previous—I asked Robinson where he got the wax from, and he said, "I have had it on my premises at least three or four years—I saw Westwood, and took notes of what he said on a report sheet—I let him tell his story; I did not ask him questions, I swear—it is not correct for him to say I asked him whether he saw Robinson—I did not call Westwood at the Police court, as the case was a long one, and the Magistrate wished to leave for Woolwich—there were four or five remands—Robinson did not give me information where Con Shea was to be found—I am responsible for goods
stolen from a barge on the river—I was out on duty that night—I am at Wapping Old Stairs, near Millwall.
Re-examined. Soames identified this wax as similar to some stolen from him twelve months ago—his wharf is about 500 yards from Robinson's place—this is the original statement I took from Westwood.
JOHN BURRELL (Policeman K 242). On 3rd October I was with Sergeant Don near Robinson's Wharf, about six p.m.—I saw Robinson leaving—he said, "Con Shea and Mouse Howden brought three bales to me, and I advanced 18s. on them; I don't know but that they may come to mo for more money tonight; I will try to find them, if you keep observation on me; most likely you will be able to catch two of them"—I watched Robinson till twelve that night—he went home to tea; then he went to West Greenwich, and came back to the Bricklayers' Arms, East Greenwich—he then knocked at the door of 57, Marlborough Street, East Greenwich, and came back and said Mouse was indoors in bed—I and Don went in and arrested Howden's brother Alfred, thinking he was the prisoner Howden—we took him to the station, and then, having doubts as to whether he was the right man, we went back to the house—we saw Robinson there—he said, "It is all up; they have gone round to Old Woolwich Road, Con Shea and Mouse Howden"—Alfred Howden was liberated at twelve o'clock—I went on Robinson's Wharf and watched the jute—on the following Sunday I was in Humber Road with Constable Good-game—I saw Howden with a man named Galloway—we went towards them; they ran away—we followed and apprehended Howden in Greenwich Park—I told him the charge—he said, "I know nothing about it!'—on the Friday following I went with Robinson in search of Shea to 26, Queen Street, Deptford—as soon as Robinson and his carman, Alfred Brischlayer, got to the door, it was opened to them, and they went in—I was ten steps behind—when I got to the door I tried to go in, but I heard the click of the bolt from inside before I could get it open—we watched about a quarter of an hour; I knocked, and Robinson and Brischlayer came to the door without opening it—I could see them through the glass fanlight over the door—I tried to force the door—I said, "Open the door"—they made no answer, and did not open it for four minutes—I saw a man pass out at the back—the carman pulled the bolt eventually—when I got in I saw no one but Robinson and the carman there—I know Con Shea by sight—it was just such another man as he who went to the back of the premises—when I got in I asked Robinson where Con Shea was—he said, "It is too late; he has gone out at the back"—I went to the back then; when I came back, after searching, Robinson was gone—at the Police-court Howden cross examined me as to who said he was the man that delivered the bales to Robinson—I said Robinson was the man—he said Robinson said he (Howden) was not there, and he had not bought any goods of him.
Cross-examined by MR. GEOGHEGAN. I believe what he said was that he did not sell the jute to Robinson, or that Robinson said he had not bought anything of him—Queen Street, Deptford, is one of the worst localities; I don't know that there is much difference between it and other parts of Deptford—thieves and prostitutes live in Queen Street and all over Deptford—Con Shea is a notorious thief, and he has the notoriety of being a powerful fighting man—I did not guard the back of the house—it was not to my knowledge one of the most dangerous
places in Deptford—Robinson told me to suspect any person he spoke to—he spoke to a man on the night of the 3rd—I had a warrant for that man's arrest—he was the brother of Con Shea—I did not arrest him—the warrant was for assault—besides Robinson and his carman, Scanlan was in the room as far as I know—I don't know who else was in the room—I have been five years in Deptford, and have made a dozen or two arrests in Queen Street.
Cross-examined by Howden. Three men passed us when we ran after you—you did not all start running when you saw us.
Re-examined. When we knocked at the door of the house in Queen Street, Scanlan came out and looked over the fanlight, and then hustled someone out at the back—while he did that Robinson and his carman stood in the passage; they were there when we tried to open the door by pushing with all our might—we looked over the fanlight and saw the man hustled out at the back.
HENRY DAVIS (Thames Police Sergeant). I took Tracy to the work house when he was remanded—he there expressed desire to make a statement—I cautioned him—he made this statement, which I took down in writing: "19th October, 1889.—On the morning of the 3rd inst. I was on Anchor Wharf. I saw Mouse Howden and Con Shea. Shea was smothered in mud. There was three bales of hemp made fast to the steps. Shea went on to Robinson's Wharf; I went to mind Mr. Parkinson's boat. Mousey Howden said to me about 9. 30, 'Lend us that boat. 'I said, 'No.' He jumped in with Con Shea. Shea said to Howden, 'If Charley has the three bales we'll get drunk. He has offered fourteen hog for them. 'Mousey said, 'I d sooner chuck them in the dust-hole. 'They untied the bales from the stairs, and towed them round to Robin son's Wharf, and slung the chain round them, and they were hove up on to the wharf by Leach and another man who works for Robinson. Robin son was on the wharf. Howden and Shea climbed up the piles on to the wharf. Con Shea came on to Anchor Wharf and gave me twopence. Shortly after I saw a pony and cart belonging to Robinson standing out side the wharf with three bales of hemp in it. I saw the water dripping from the cart.—J. A. TRACY."
CHARLES FRANK PENN . I am clerk to Messrs. Dearing—I made out this document to go to Mr. Cook, showing the quantity of bales on board the Faith—I took it from this book kept in our business—the document shows what ship the bales came from.
MR. GEOGHEGAN submitted that it was not sufficiently proved that the goods found at Robinsons were some of those taken from the barge. MR. AVORY con tended that it was a question for the JURY. The COMMON SERJEANT ruled that it must go to them. HOWDEN and TRACY, in their Defence, said they knew nothing of the jute.
TRACY— NOT GUILTY .
ROBINSON**— GUILTY of receiving.
HOWDEN GUILTY of larceny.
HOWDEN then PLEADED GUILTY**† to a conviction of felony in June, 1889.— Twelve Months Hard Labour each.
Before Mr. Recorder.
52. GEORGE WALKER ROSS (20) PLEADED GUILTY to forging and uttering an order for the payment of £5; also another order for £5; also an order for £7, with intent to defraud; also to obtaining £2 11s. 10d., £3 0s. 11d., and £6 5s. 6d., by false pretences.
His father undertook to send him abroad, and entered into recognisances to bring him up for judgment if called upon
Before Mr. Justice Hawkins.
MESSRS. CHARLES MATHEWS and HORACE AVORY Prosecuted, and MESSRS. GEOGHEGAN and LAWLESS Defended.
CAROLINE ALDRIDGE . I am the wife of James Aldridge—in March, 1888, we were living at 14, Clayton Road, Peckham, we let lodgings—on Tuesday, 20th March, my husband and I, my daughter Alice, and Mrs. Miller, a lodger, were in the house—the prisoner came there that day, and I let him the first-floor back room at half-a-crown a week—he said he would pay monthly; he came that evening with his wife and a baby, a boy about three months old, it seemed very healthy—I was not very well on the Wednesday and Thursday, and I remained in my own room, which adjoined the prisoner's—on Wednesday, the 21st, I heard the child cry very much, also on the Thursday morning about eleven o'clock, and the mother was walking about with it; that was the last time I heard it cry—it ceased crying in a moment—I believe the prisoner was in the room also, I could hear the two of them walk about, I heard no talking—about half-an-hour after the child ceased crying I heard one person leave the room, I thought it was the woman; I was not sure, because her footsteps were heavier, I had noticed that before—about ten minutes afterwards I heard a second person leave the room, I could not say who it was; I heard the footsteps go down stairs and go out, they were lighter stops—I heard the room door locked—between six and seven o'clock in the evening I heard the prisoner return, unlock the door, and go into the room; he remained there between five and ten minutes, and then went out, locking the door again, and went down stairs and out—they usually locked the door when they went out—I heard no more till somewhere past eleven o'clock, when the husband and wife came home together, and they slept in the room that night—they remained in the house down to Thursday, the 29th, they then left—I was laid up the whole of that time; I did not see the prisoner at all between the 22nd and 29th—nothing was said about leaving—on Saturday morning, the 31st, the prisoner returned, I saw him, as I was at my bedroom door; he was alone, it was about eleven o'clock—he had lost his key, and asked if I had one; I said no; he said he would go and get one—he went out; but never came back any more—I did not ask him anything about the child; my daughter was there—shortly after he had gone his wife came to my room, and I had a conversation with her; she was distressed, and cried very much, she stayed about ten minutes, and then left—on the following Wednesday, 4th April, she came again with a policeman.
ALICE ALDRIDGE . In March, 1888, I lived with my parents at 14, Clayton Road—I remember the prisoner and his wife coming with a baby on the 20th March—I saw the child that night; I took it in my arms; I did not
hear it cry that night; I heard it cry on the Wednesday and on the Thursday morning, about eleven o'clock; that was the last time I heard it cry; the prisoner's wife was in the room at the time—I was in the next room, my mother's; she was ill at the time—about half-past eleven I heard someone go away; I could not say who it was—I only judged it was Mrs. Longman by the footsteps—about ten minutes afterwards I heard someone else go out of the room—I recognised the footsteps as the prisoner's—he locked the door, and took the key with him—about seven that same evening I was still in my mother's room, and I heard the prisoner come upstairs, unlock the door, and go in; in about five or ten minutes he went out again, locking the door behind him—I saw him leave the house; he was carrying a parcel under his right arm; it was a curious-shaped parcel; I could not describe it—I imagine it was about twenty-two inches in length, covered with a piece of cretonne—I can hardly remember the colour; it was dark—he went in the direction of High Street, Peckham—about eleven that same night he and his wife came home—I did not see them—they went into their room, and slept there that night, and down to Thursday, the 29th—they left that day—they said nothing to me about going—I don't remember seeing them between the 22nd and 29th—I did not see much of them—I was at home on Saturday, the 31st, when the prisoner came to the house, about half past twelve; I could not fix the time for certain—he said he had lost his key, or his wife had, and he could not get in—I heard him say to mother, "She (meaning his wife) is all right, she has got her kid, and you will hear it cry about Tuesday or Wednesday"—he then left, saying he should go and get a key; he never came back again—about a quarter of an hour after he left his wife came—I let her in—she went upstairs to my mother's room, and had a talk with her—I did not speak to her, she was crying—she then left the house, and did not return till the next Wednesday with the police.
SARAH MILLER . In March, 1888, I and my husband were living at 14, Clayton Road, Peckham, in the room underneath that occupied by the prisoner and his wife—on Thursday morning, 22nd March, I heard their child cry about ten o'clock, as near as I could tell—shortly after that I heard someone come downstairs and go out—I don't think I heard more than one person go out that morning—I did not see either the prisoner or his wife that morning—I did not hear the child after the time I have mentioned—about six or seven in the evening I heard someone go into their room—I could not tell by the footsteps who it was, whether it was a man or woman; I heard them go into the room and come out again in about ten minutes or a quarter of an hour—about eleven that night I heard the prisoner and his wife come to their room—I saw the wife next day, and had some conversation with her.
Cross-examined. I was at home on the Wednesday—I could hear the footsteps overhead; one was like a man's heavy tread, and the other like a woman's—I am sure that on the Thursday, morning only one person left the house—I did not hear more than one—I left my room during the morning—the footsteps I heard were not very heavy or very light—it sounded like the footsteps of one of the persons whom I heard on the Wednesday; I think the heavier of the two—that was about half-an-hour after I heard the child cry—I did not hear it stop suddenly.
shown a piece of sacking—it was not the same material that was round the bundle which the prisoner carried away.
JOHN JONES . I am a waterman at Battersea—on 28th March, 1888, about a quarter to six in the morning, I found the body of a child on the foreshore of the river, underneath the Albert Bridge on the Surrey side; it was done up in a parcel covered with a piece of sacking like this (produced)—to the best of my belief this is it; it was tied with string—under the sacking there was a white cloth tied across by the corners—on undoing the cloth I saw the head of a child; I sent for the police, and Constable Love came and took the body away—there was some scaffolding on the shore under the bridge, and there are steps leading down to the river.
JOHN LOVE (Policeman V 276). I was called by the last witness, who handed me the body of a child; I took it to the station, with the sacking and things it was wrapped in—it had on a white chemise and a white flannel petticoat, which are here—I took the body to the Battersea Mortuary, and Dr. Kempster saw it the same morning—I was present at the mortuary on 31st March, when the Coroner's Jury viewed the same body.
WILLIAM HENRY KEMPSTER , M. D. I am a divisional surgeon of Police—on 28th March last year I was shown the dead body of a male child at the Battersea Mortuary, about three months old; it weighed exactly 12 lb.—I examined it externally, there were no marks of violence—the skin of the upper part of the arms was compressed by the bands of the chemise—the front of the arms, legs, and abdomen presented the appearance of what is generally known as goose-skin, that is a contraction of the skin; the hands and feet were macerated; the skin was loosening, showing that the body had been in the water for some days—the goose skin is frequently found on the body of the drowned; it indicates that cold has been suddenly applied to a warm body; it is usually considered, in this country, as a proof of the person having entered the water alive, that the body has been placed warm in the water—later the same day I examined the entire organs of the body; there was no disease of any—the brain and lungs were healthy—the right cavity of the heart was full of dark liquid blood; the left cavity was perfectly empty—the stomach was full of milk, digestion just commencing, very probably—the milk was slightly coagulated, indicating that the food had been recently given, within a short time, certainly less than an hour of the time of death—the cause of death was asphyxia, suffocation; I could not say how caused—I could not say whether caused by drowning—there was nothing but the goose-skin tending to show that the asphyxia had been caused by drowning—all the other indications were consistent with death by suffocation, apart from drowning—assuming death not caused by drowning, I should say that the body had been placed in the water within a comparatively short period after breath had left the body, but that no one could determine—I should think within an hour of death, or some such period; it is impossible to define the exact time—I don't think it could be two hours; I feel certain it could not—if within two hours, I don't think the goose-skin would have been caused—it would depend upon whether the body retained warmth—the warmth would begin to vanish directly the breath was out of the body—in March, 1888, it was very cold weather—I think an hour would be as long as it could retain warmth, but I could not positively fix a time.
Cross-examined. I was examined before the Coroner—I then had the notes that I had made—I suppose the body had been six days in the water—I have made a great many postmortem examinations of drowned persons—if the body is dead when put into the water, the water cannot enter the stomach, because the gullet would be contracted—if there had been struggling, there would be mucous froth in the air-cells, and water in the bronchial tubes—I did not find those things present here—I found no water in the stomach; only milk-and-water—I believe it was cow's milk, not human milk—I have not analysed the contents of the stomach—the stomach and its contents were given to the Coroner's officer for ex amination—he is not here—the skin was pale all over the body—there were no marks of decomposition—I cannot say whether a nervous shock would produce goose-skin; it is possible—apart from other appearances, there was nothing in the goose-skin to show death by drowning; any application of cold might produce the same appearance—death by suffocation rather retards cooling; not to any considerable extent; I am not prepared to say that it does so to a perceptible extent—I have examined many bodies of children that have been overlaid by the mother—if a bolster had been put over the nose or face, I should expect to find con traction or congestion of the facial muscles; the features of this child were pale, and the nose pinched—the length of time it had been in the water might have had some influence on the paleness of the skin—I said, in answer to the Coroner, "If the child had laid on its face, and a bolster got over it, and so smothered it, I should have expected to find some compression of the face, and some of the facial muscles, but these appearances were entirely absent in the body of the child"—I agree with that now—I say that the child presented all the appearances of having been smothered, whether accidentally or not I cannot say—there were no signs of violence—if it slipped between the blankets, the appearances might be consistent with that; the question is rather involved—I can't say that there was anything in the appearance inconsistent with that supposition—if force had been applied, I should have expected to find those appearances.
Re-examined. There can be suffocation which would not be accompanied by any marks of violence—if a blanket or bolster were placed over the child's mouth, marks would not necessarily be found; it would depend on the position of the body and the bolster, and on the amount of force applied—I found no signs of drowning except the goose-skin, and that might arise from other causes; in my opinion the child might have been suffocated, and died before it was put into the water.
By the COURT. I have said it is possible that goose-skin may be caused by a shock; I have never known an instance of it; goose-skin is a common expression; a sudden shock of cold on to a living child might cause it—that would last until the shock passed off, then the skin would resume its natural appearance—I have known many cases of children being accidentally smothered by the ordinary bedclothes getting over it; that would leave no mark—any mode by which air cannot get to the lungs is sufficient to suffocate—a pinched appearance of the nose is very common in dead bodies—a live child, three months old, thrown into the water, would sink at once; if wrapped up, it would, to a certain ex tent, exclude the access of water.
Elliott Road, Brixton—I have a stepdaughter, named Elizabeth Ann—she was married to the prisoner on 11th October, 1887—they lived together in lodgings after the marriage—he was not doing anything for a livelihood at that time—my daughter had been in service before her marriage; after the marriage they lived with us—they had taken a room in the house—on 18th December, 1887, she was confined of a boy at the Lying in Hospital in Endell Street—a night or two before the confinement, in walking from the hospital with the prisoner, I said, "It is a pity the baby is coming so soon; it would be well if the poor little thing would die, as it would then give you a chance to get on"—he said, "Yes; I wish it would die"—after the baby was born they both returned to my house—I saw them with the child from time to time—the prisoner was not doing any thing then in the way of employment—he did not seem to treat the child very kindly; I have heard him use bad language to it—I think the baby was about a month old when they left the house to go into lodgings; that was about 18th January—I used to see them from time to time after that—my stepdaughter would come to see me with the child—it had a frock, hat, and so on—I saw it on Sunday, 18th, at my house with its mother—the grandfather used to help them; he was a dyer—I knew they went to 14, Clayton Road on or about the 20th—it is about half an hour's walk from my house—on Thursday morning, 22nd March, about half-past eleven, my stepdaughter came to my house without the baby—she had some conversation with me, and remained there all day, till the prisoner came and fetched her, about half-past seven—he did not come in, he came to the door; I heard his voice—I next saw my daughter on the following Monday; I can fix the day; I have a notebook; I have it here; the entry was made at the time, "Monday, 22nd March"—she stayed all day; I think the prisoner came and fetched her about the same time—she came again next morning, Tuesday, and I had a further conversation with her, in consequence of which I went to the prisoner's father's house, 75, Stanbury Road, Peckham; I there saw the prisoner's mother, and afterwards saw the prisoner, about two or three in the after noon—I said I had come to know what he had done with the baby—he said, "I'm d—if I know"—he said, "You can do as as you like; I have had advice; you are very clever; you have told Lizzie that I should get three months"—I said, "Yes, you shall get three months if you don't have the baby vaccinated"—he said, "I have told Lizzie I would take her to see the baby, but she is in such a hurry; I told her the baby was at Arlington Street, Westminster"—I said, "There is no Arlington Street, Westminster, as I have looked in the directory"—he said, "What if it is a new street?"—I said, "Yes, it might be, for your convenience"—I said he would have to tell—he then said he had given the baby to three young women that he knew, to take care of—I said, "They must be very curious young women that would take the baby from you without knowing anything about its mother"—he said, "The baby was supposed to have no mother"—I said if he was capable of telling such a tissue of lies about the baby he was capable of anything—after some further conversation, he said he would come and take his wife to see the baby that evening, and I left and went home—about half past seven or eight that evening he came; I said, "That's a good fellow, I am glad you have come; that is the best way out of the difficulty"—I can't remember his answer—directly after, they
went away in the direction of Westminster—she did not come back that night—next day, Wednesday, the 28th, she came, and she made a statement to me, in consequence of which I went with her to 26, Monk Gardens, Westminster Bridge Road—I made inquiries there, but learnt nothing of the child—I did not see her again till the morning of the 31st—I received this envelope by post, addressed to Mrs. Carmichael—there was an address, but it is rubbed out—it enclosed this other envelope, written in pencil—the first three lines is my daughter's writing; the fourth line is not, I believe it to be the prisoner's; I have seen his writing—on the day after I received it I went to his father's house, and saw him there, and in his presence I asked my daughter what she meant by writing that letter—she did not answer—I repeated the question, and then she said, "I have not seen the baby"—I said to the prisoner's father, "Can you not prevail on Harry to tell us where the baby is?"—he replied that he had been so busy, and had so many children of his own, he had not time to know the particulars, it came like a thunderbolt upon him—I then left—that was all the reference that was made to the letter on that Sunday evening, 1st April, I was walking away from the house with my daughter, and overtook the prisoner—he wanted to know what she was always wanting to come home for, and if she went home with me that evening, she would not return to him any more—we then went back to his father's house—I next saw her on Tues day, the 3rd, and my husband went with her to the Police-station, and I went with her next day, Wednesday—as we were coming away from the station, about twelve o'clock, we met the prisoner—he wanted her to go home—I said, "No"; she was coming home with me, and she went home with me, and stayed till the evening, when the prisoner came—he saw both my husband and myself—he had a conversation with my husband, and then left, and that was the last I saw of him—on the 5th April I went with my daughter to the Battersea Mortuary—I there saw the dead body of my daughter's child; I identified it also some clothing, a flannel petticoat and chemise—I also saw a piece of sacking—I could not be quite positive as to that, but I had given my daughter a piece similar to it before the baby was born, when she was living at my house, and I never saw it afterwards—the child had been weaned about a fort night before the 22nd of March—after that it was fed out of a bottle, sometimes with milk, sometimes with bread-and-milk, and sometimes with baby's biscuit.
Cross-examined. I had known the prisoner for some time before he married my daughter; not intimately—I did not know his family—I had never spoken to them—I knew who they were—I did not inquire how old he was—I did not know he was only seventeen, or that he had only just left school, and had never been in work—I know it now—my step daughter was about eighteen—I believe the prisoner's father made him an allowance; he paid for his lodging, and partly supported them while they were with me, I helped them—it was before the baby was born that I said it would be better for it to die, not to live to be brought up in misery—he had never expressed to me a wish that it should die—I did not suggest that he should kill it; I said it would be well for the poor little thing if it did die—I was examined before the Coroner twenty months ago—I had my notebook with me then—I told him what I have said now—I did not mention to him about the conversation with
the prisoner, hoping the child would die, or about his using bad language to it; I was not asked; I did not consider it material; I never thought anything about it—I first mentioned it to somebody at the Police-court—I then knew that a verdict of "Wilful Murder" had been found by the Coroner's Jury, and that a warrant was out for the prisoner's arrest—I did not mention it to my husband; it is not in my notebook—children are generally vaccinated at three months—I believe non-vaccination carries a penalty.
By the JURY. While my daughter was living with me she was not in the habit of leaving the child for any length of time.
Re-examined. I referred to my notebook to assure myself as to dates, nothing further—I paid no attention to the prisoner's footsteps.
CHARLES CARMICHAEL . I am the husband of the last witness—the prisoner's wife is my daughter about 4th April last year I remember the prisoner coming to my house—he said he was going after a situation, and would I make some provision for his wife; the child was away at that time—I said if he would bring my grandson back then I would talk to him, but I would do nothing until then; I think I said I should be the happiest man in the world if he would only bring the child back—he said it was somewhere not very far off; Whitechapel, I think he said, and he should want some little time to write for it, and he said, "Wait till Tuesday or Wednesday for it"—I said, "I must have him back tomorrow, and then I will make any arrangement"—he said, "Will you keep the baby?"—I said, "Certainly, of course, being the grandfather"—my daughter was present at the time; I think I said to her, "Can I trust him? do you think he will?"—she seemed to have confidence; I had not much—we parted on the understanding that he was to bring it back in a day or two—I said to him, "I won't sail under false colours, I have taken some measures already"—it was so unsatisfactory, not finding the child—I don't know that I said I had been to a Magistrate—in fairness to the prisoner I ought to say that he always seemed fond of the child; when I was nursing it in the day he would come in, and I said, "It is a pretty little fellow, is it not?" and he said, "Yes;" and he seemed fond of it—if he has been guilty of taking it away, I cannot account for it—I think it is only fair to say he seemed to like the child very much.
LEONORA SMITH . I am the wife of William Smith, and a sister of the prisoner's wife—I have seen the prisoner with the child—I was only with him one night—he did not say anything to the child that I heard—on Thursday, 29th March last year, I met the prisoner and his wife outside the house—I asked my sister, in his presence, where the baby was—she said he had put it out to be nursed, but he would not tell her where it was—he said, "Don't you think your mother is very inquisitive?"—I said, "Why?"—I said to my sister, "Don't you know where the baby is?"—he said, "I'll take d—d good care that I won't tell her where it is"—I walked to Camberwell Green with them, and then left them—that was the last time I saw him.
MARY BALDWIN . I am the wife of James Baldwin, of 26, Monk Gardens, Westminster Bridge Road—I remember one day in Easter week last year Mrs. Carmichael and another woman coming to my house to make inquiries at that time no child had been left at my house to take care of, nor had there been any inquiry by any one as to taking care of a child—I did not see the prisoner; my lodger saw him; I only heard him.
ANNE GODFREY . I am a widow, and live at 19, Brereton Street, New Cross—on the Saturday after Good Friday last year I was in a tramcar, going from New Cross to Camberwell—a young woman got in, who I now know to be the prisoner's wife—she was crying very much—I spoke to her, and had some conversation with her—son after the prisoner got on to the car—he said to her, "Come out, don't make a fool of yourself here"—I said, "Let the woman alone, she is ill"—he told me to mind my own business—he said she was his wife—I said, "She told me she wanted her baby"—he told her he would take her some to her mother—I said why did not want his wife to have the baby, and then he said, "Mind your own business"—she was crying very bitterly—seeing a policeman standing near, I went and told him what the wife had told me, and he went and spoke to them.
GEORGE LUFF (Policeman P 227). On Saturday, 31st March last year, I was standing outside the police-station door at Camberwell Green—about twenty minutes past one I was spoken to by the last witness—in consequence of what she said I went up to the prisoner and his wife, who were standing close by; the wife was crying very bitterly—I asked her what was the matter—she said, "I want my baby, my baby"—I said, "Where is the baby?"—she looked at the prisoner and said, "He has taken it away"—I then asked if that was her husband; she said, "Yes; "I then said to him, "Where is the child?"—he replied, "I have put it out to be taken care of"—not being satisfied, I asked them to accompany me into the station, which they did, and I left them in charge of Sergeant Cockerell.
Cross-examined. The description of deed bodies is issued by the police regulations—this occurred nearly four days after this body had been found—I do not know whether there had been any description of it at our station.
GEORGE COCKERELL (Police Sergeant P 5). I was in charge of Camberwell Green Station on 31st March last year—I remember the prisoner and his wife coming in about twenty minutes past one that afternoon—the wife said that her husband had taken her child away, and would not tell her where it was—I asked him where the child was—he said, "It is out at nurse, I don't know where; my father and mother do know where it is"—I I asked him where they lived—he said, "75, Stanbury Road, Peckham"—I telegraphed there for inquiries to be made, and they waited for a reply; I was not there when the reply; I was not there when the reply came—I was relieved by Inspector Fry.
GEORGE FRY (Police Inspector P). I was at the police-station at Camberwell Green on 31st March last year—I found Sergeant Cockerell there and the prisoner and his wife—the sergeant told me what it was the woman had told him—upon that I said to the prisoner, "Where is the child?"—he said, "He is out at nurse"—I said, "Where?"—he said, "I shall not tell unless I get my father's consent"—I said, "Is your father at home?"—he said, "Yes"—I then said we must wait until we had a reply to the telegram which had been sent—after a while an answer came—I told the prisoner what it was; it was that the father was not at home—during the time we were waiting, I said, "I said, "Is the child weaned?"—they both replied, "Yes, about a month"—after some time the prisoner said, "This is a long time to wait"—I said, "It is your own fault; you can tell your wife where the child is"—he again said, "I shall not tell unless I get my father's consent"—he ultimately got up and said he
would go with his wife and show her where the child was—I said to her, "Are you willing to go with him?"—she said, "Yes"—I said, "If you don't see the child, come back and let me know"—she said, "I will—they left together; she did not return.
Cross-examined. Information is circulated every morning of articles stolen, and persons missing, and description of bodies found—I believe the description of this child's body was in the information—it is not put up outside the station unless the body has not been identified for some days—it is sometimes done.
Re-examined. I had no information with regard to the discovery of the body—I had no idea the child was dead.
FREDERICK BENNETT . I am a sergeant in the 29th Steel Battery of the Royal Artillery, quartered at New-bridge Barracks, Ireland—I produce the prisoner's attestation paper, which I got from our battery officer—I did not enlist the prisoner—I have known him about twelve or fifteen months—I first knew him in Ireland when he was in the Artillery, about fifteen months ago I knew him as Edwin Shuttle-worth when he joined my battery—I remember on 11th October this year his being under arrest for some slight military offence—I heard him say to the sergeant-major, "I wish to give myself up"—I said, "What for?"—he said, "For child murder"—I said, "That is very serious"—he said, "Yes; there has been a warrant out against me for the last fifteen months; if you will come in and sit down I will tell you all about it"—he then made a very rambling statement—after every few words he kept saying, "But I did not do it"—he told me about his being married to a young girl in London about eighteen months ago, and his having a child three months old; that his wife went out one day to see her mother, and when she came back the child was deficient, and he being the only one there they blamed him for it; and then again he said, "I did not do it"—I asked him if he knew who had done it?—he said, "Yes, but it is not for me to say"—I then asked him what his real name was—he said, "Clarence Henry Longman"—that was all the conversation—I reported the case to the police.
Cross-examined. I called in McDonald, a police constable, that night—I did not tell him what the prisoner had said—the prisoner was in custody for having left his post too soon, not for drunkenness—he bore a very good character in the battery—he was making the statement to me for about ten minutes or a quarter of an hour I was in charge of the guard—he saw the sergeant-major before he saw me—I took no note of this conversation—the words he used were, "The child was deficient, "not "defunct"—I thought he meant that the child had gone—no one else was in the room when this took place.
PATRICK MCDONALD . I am head constable of the Royal Irish Constabulary—on the night of October 11th I was called to the New-bridge Barracks—the prisoner was brought into the guardroom—I asked him if he wanted to make a statement—he said, "I did not do it"—I asked him what did he not do—he said he did not commit child murder—I asked his name; he said, "Clarence Henry Longman"—I asked what he was; he said before he enlisted he was a labourer, living at Peckham Rye, London—I then said, "What do you mean by child murder?"—he said, "I did not do it; there is a charge hanging over me, and I wish to get back to London to have it investigated"—I asked if he was married; he said, "Yes"—I asked him where he got married, whether at a church,
a chapel, or by the registrar; he said he did not know which—I asked him if the child was a male child; he said, yes, it was his own and the mother's name was Lizzie Carmichael, and she was a servant—I asked him if he knew any person who had to do with the child—he said, "Yes, two persons had"—I asked him who the two persons were—he said he did not know—I asked him if he knew what became of the child—he said, no; two persons were concerned in it, and they did away with the body, but he did not know who they were—I then left him in the custody of the military—I saw him again next day, and asked him if what he had said the night before was true—he said it was—he was detained till the English police came, and was given into their custody.
Cross-examined. Sergeant Bennett called me into the barracks, and pointed out the prisoner to me—I knew that he was accused of child murder, and asked him if he had committed it—he said he had not—I cautioned him before having the conversation with him that what he said would be taken down and used in evidence against him; and then asked him a number of questions—I did not believe his story at the time—I thought it was fair to him to let him make his statement—he was not my prisoner at the time—this is the first time I have given evidence in an English Court—I made a report of this conversation the day after—this is it (produced)—it is not the whole of it; all the material part is there—I did not know at the time that it was to be used against the prisoner, it was mainly to show the authorities that I had found out who he was—I will swear that the prisoner said that there two persons concerned, but he did not know them—it was not that two persons had accused him of it. (The report, being read, stated that he was accused by two persons of murdering the child)—he said both to me—if it does not appear there it is because it is merely a rough sketch.
Re-examined. He said two persons were concerned—he said at first that he was accused of child murder by two persons—then I asked him if there were any persons that did commit the murder, and then he said two persons were concerned in it, but he did not know them.
BENJAMIN BENNETT (Police Sergeant P). On the afternoon of 14th October I took the prisoner into custody at Newbridge Barracks—I told him I was a police officer—I produced the warrant, and read it to him—I have not got it I told him he would be charged with murdering his infant child at Clayton Road, Peckham, on or about 14th March, 1888—he said, "I did not do it, but I know something about it"—I brought him to England, and took him to the Police-station at Peckham—on being there charged he made no answer—I know the distance between 14, Clayton Road and Elliott Street, Brixton; it is about a mile and a half—I did not measure it; I walked it—from Clayton Road to Stanbury Road is about half a mile, and from Clayton Road to the nearest point of the Thames is about three miles; to the Albert Bridge it would be about four miles and a half—the nearest railway-station to Clayton Road is not a quarter of a mile, about five minutes' walk.
ALICE ALDRIDGE (Re-examined). The night the child arrived at our house it had on a red twill dress, trimmed with white lace, a white woollen hat, and a black-and-red shawl—I did not examine its under clothing.
the child a little sod more than once—I never saw him hold it in his arms and appear quite pleased with it; my husband may have seen it—I did not put down that expression in my book—I did not mention it to the Coroner; I was not asked—I can't say that I have seen the child sleeping in the prisoner's arms—I will not swear I have not—I have heard him use that language on several occasions, very likely morning, noon, and night; I swear that—I have been in his room, and I have heard him at different times—I cannot give any date, or say who was present.
LEONORA SMITH (Re-examined). The prisoner had a great way of calling the child a little sod if he was in a temper with it—if I have said, "He said nothing to the child, "I misunderstood—I have not been with Mrs. Carmichael since I gave that answer—I went outside—I saw her, and she told me to sit down, as I was faint—I have not seen anyone since I gave my evidence this morning—the gentleman from the Treasury has seen me, and I said I made a mistake about the night I went to Peckham—he said that I ought to have said that the prisoner called the baby bad names—he said the statement I had given in evidence I had not given today—I did not remain in the witness-box, because I felt faint—I was not asked about this before the Coroner.
JOHN WINZAR (Police Sergeant). I first had a special notice of this case on 4th April last year, and on the 6th I went to 14, Clayton Road—I made a search there, and found a child's chemise, and on the wash stand I found a bottle which smelt of peppermint; I found no other, article of clothing—after that I had some communication from the mother—I was present before the Coroner during the different examinations—the mother was examined as a witness there; so were the father, mother, and sister—the bottle I found was not a feeding bottle; it contained dye—no feeding bottle was found in the room.
GUILTY of Manslaughter— Twenty Years' Penal Servitude.
MESSRS. CHARLES MATHEWS and BODKIN Prosecuted The witnesses in this case giving a very conflicting account of the quarrel in which the death occurred, Mr. MATHEWS withdrew from the prosecution.
NOT GUILTY .
Before Mr. Recorder.
55. MICHAEL LYDON (19), FREDERICK WHITE (19), JAMES TICKETT (25), GEORGE TICKETT (62), ELIZABETH TICKETT (45), and JOB GILL , Feloniously breaking and entering the dwelling house of Gavin Brown Clark, and stealing a pair of silver links, a pistol, and other goods.
MESSRS. CHARLES MATHEWS, GILL, and BODKIN Prosecuted; MR. LAWLESS appeared for George Tickett; and MR. CLUER, for Gill. GAVIN BROWN CLARK. I am a Member of Parliament, and live at 14, Bolingbroke Grove, Battersea—about 1st September last I went away and left my house unoccupied—I saw it securely fastened up, and I was the last person in it—before leaving I locked the door, and left the key with a neighbour—on 14th September, in consequence of a telegram, I came home—on going to the house I found an entrance had been effected
by the scullery window; the window had been broken, and a patent catch forced—on getting inside I found that five of the inner doors which I had left locked were broken open; the wardrobes in the bedrooms broken open, and the contents scattered about—a desk had also been broken open, from which I missed a revolver and other property—I recognise these silver sleeve links (produced) as belonging to my son, who is abroad; there is one whole link and one broken—I found a shirt and collar which did not belong to me, and one of my son's shirts gone.
Cross-examined by MR. LAWLESS. I have worn the links; there is a special mark on one, a jeweller's mark—I know where they were pur chased—I have had them eleven years.
WILLIAM VICKERY . I live at 13, Bolingbroke Grove, and am pageboy to Mr. Thomas, next door to Dr. Clark—there is a private road between the two houses—on the morning of 12th September, about ten minutes to nine, I was on the steps of my master's house in the side road, and saw two men come out of the back gate of Dr. Clark's house; their pockets stuck out—I knew that the house was empty—Lydon and White are the two men—I went across to Dr. Clark's house, and looking at the scullery window I saw it had been broken—I went to the police and made a statement—on 26th September I was shown a number of men at the Police-station, and picked out White—on the 27th I picked out Lydon from a number of men.
Cross-examined by Lydon. I saw you get over the gate—I described you to the police as wearing a pair of light trousers and a black coat, and about five feet four in height.
Cross-examined by White I saw you come over the gate; I saw your two side-pockets—I described you to the police as having on a pair of dark blue trousers and a black jacket, and your height about five feet four—I did not see any parcel—I could not say how many coats you had on—I did not see a coat hanging out from under your jacket.
ALFRED HALE (Policeman V 325). I received information of the robbery at Dr. Clark's, and a description of two men—on 25th September, about ten at night, I was in Trot Street, Battersea, and saw White; I stopped him, and asked if his name was White—he said, "No"—I said, "You answer the description of a man in the police information, who committed a burglary at the house of Dr. Clark on 12th September, and I shall take you into custody on suspicion of being concerned with another man, not in custody"—he said, "I know nothing about it"—on the way to the station he said, "I did not know you; had I known you, and got one yard start of you, you would not have caught me"—I was in plain clothes—at the station he was placed among seven other men, and was picked out by the last witness—when charged he made no answer.
Cross-examined by White. I first saw you that night in York Road, Battersea, in company with a young woman—I followed you through several streets—you were living in Trot Street.
FRANCIS TITE (Policeman V 312). I received a description of the men who were wanted for this matter, and on 26th September, about a quarter to eleven at night, I saw Lydon at the Washington Music-hall, in York Road, Battersea—I called him outside and told him I should take him into custody for being concerned with another man now in custody for breaking into a house on Wandsworth Common—Bolingbroke Grove is on Wandsworth Common—he made no reply then, but on the way to
the station he said he tumbled that there was something wrong, and he should have been on his way to Liverpool in the morning—I took him to the station—next morning he was placed among ten others and Vickery pointed him out—when charged at the station he asked the inspector what was the value of the articles' that was all he said.
Cross-examined by Lydon. Told you that between £400 and £500 worth of property was found in Tickett's house—James Tickett is called Curly—I mentioned Curly's name.
Re-examined. This conversation occurred in the passage—I told Lydon he would be charged with being concerned with Tickett many times; the last time was in the middle of the week before they were apprehended—in the course of three or four months I have seen them together twenty times; I could not name any date.
ELIZABETH THORPE. I am landlady of 27, Trot Street, Battersea—James Tickett lodged there in the front parlour four or five weeks before Christmas till four or five weeks after, when he went into these country to work—he came back in Easter week and stopped till he was arrested on 1st October—he was sometimes out till eleven or twelve at night, sometimes all night—that happened between Easter and the time of his arrest—two young men came to see him, Lydon, I think, came twice; that was before Easter—the other young man came about a week after August Bank Holiday this year—I do not recognise him.
Cross-examined by Lydon. You called twice two or three months back and asked for James Tickett, I understood—it was not twice on the same evening—he was working at the time, and had not come back from work—the second time you came was a night or two after the first—I cannot say positively you are the man, but to the best of my belief you are.
Cross-examined by James Tickett. I don't know if the two men who called worked with you—you used to be called early; your master did not call for you—a young man called after August and said he wanted to see you, as he had work for you; it was after you left your other work—Lydon is not the one who called about that—the last for-night before you were taken you slept in your bed every night—when you were out all night was during the August holidays.
Re-examined. He was away for two or three months, and his sister Charlotte told me he went to work in the country—he came back at Easter-time.
ISAAC HENRY BRIDGE. I was a licensed victualler—I live at 83, Hargwin Road, Stockwell—in November last. I was proprietor of the Ham and Windmill publichouse, Great Windmill Street, St. James's—on 22nd November, 1888, I had a quantity of jewellery and gold and silver in a bedroom on the second floor back—among the jewellery were two gold watches, from one of which the swivel was detached and lying loose—on the evening of that day, is consequence of information, I went up to that room and found the drawer containing the jewellery and money to the value of nearly £300 taken—I missed both the gold watches and swivel—to the best of my belief this is one of the watches—I bought it at Third Avenue, New York, near Haarlem Bridge, a little more than two years ago—my initials, "I. H. B.," were put on it in a similar manner to those on this stud, which I have had for twelve years—the initials are on this
watch—opening the watch I find a name on it, "J. H. Benham, "which was not on it at the time I los: it—I have no doubt this is my watch looking at the initials, but many watches are alike, and this is altered by the name inside—I gave this stud to the jeweller to engrave the watch like it—there is no other alteration in the watch that I can see but the addition of the name "J. H. Benham"—it is difficult to swear positively to a swivel, but this is very much like mine, and there is a mark on the top of it—I bought it from the same jeweller in New York, and at the same time—it was in the same drawer as the watch; they all went together—I received information of the robbery about seven p.m.; I had not been in the bar more than a quarter of an hour.
Cross-examined by MR. LAWLESS. I told the jeweller I wanted the watch engraved like this stud—I gave sixty dollars for the watch—I had no description of it—I might have told the Magistrate it was a Geneva lever—I am not a watchmaker—I recognise the watch, though I should be very sorry to say it is the same—it is exactly like the one I lost except for the name that has been added to it—there is no maker's name on it; there was not when I bought it.
WILLIAM HENRY CHAMBERS . I am a watchmaker, of 144, High Street, Wandsworth—in my opinion the initials, "I. H. B. "outside this watch, and the name inside, "J. H. Benham, "were not done at the same time—the initials were put before the name inside; I could not say how recently the name inside was made—the value of the watch is now about £7 secondhand—it would cost about £12 originally—it is an English duplex lever.
Cross-examined by MR. LAWLESS. An English duplex lever is different to a Geneva lever—I do not say the name inside is more recent than that outside because the latter is worn—you can tell by the engraving that it is more recent—the outside would show signs of wear, and the inside remain as it was if they were both done at the same time—I think the whole of the engraving inside has been done more recently than that out side—I do not only speak from the wear.
By the COURT. I have been in the engraving business since I was fourteen.
EDITH ELIZA ANN CHANDLER . I am unmarried—I live at 11, Wise Street, Battersea, with my mother—on 2nd January, 1889, I went out with her in the evening, shutting the street door after us, and leaving all in security—about a quarter to seven we returned and found different wardrobes and drawers had been broken open, and the contents scattered all about the place, and a number of things gone—among them articles of jewellery of the value of about £20—I identify this as a portion of a gold necklet, this as one of five rings, and this the stone out of a brooch; they were all taken—I communicated with the police at once—as far as could be ascertained the people got in at the front door by a false latch key.
MARY ELIZABETH MATTHEW . I live at 4, The Grove, Clapham Common—on the 7th May I was in the sitting-room on the ground floor all the evening—when I went down in the evening all was secure in my bed room, the second floor front room—about ten o'clock I went to my bed room to go to bed, and I found the wardrobe broken open and every thing thrown about the room, and a lot of things gone, among them some jewellery valued at £25 to £30—I lost a gold watch and chain, three gold rings, and three gold brooches—this is a gold buckle ring
stolen then—the next house to mine was empty at this time, and any body getting into it could from the top of it get down through the top of mine and get back—I communicated with the police.
ELIZA HUDSON . I am servant to Mr. Morris, of 2, Calmont Gardens, Putney—in September I was left in charge of this house while the family were out of town—I did not sleep at the house, but went there from time to time, it being locked up when I was not there—on September 13 I went about 4 p.m.—I found the kitchen window had been opened, a nail being forced out, and the house broken into and robbed—I had last seen that kitchen window three days before, when it was safe and nailed down—I communicated with the police—I found a wardrobe upstairs was open and the contents thrown about and property gone.
ERNEST MIDDLETON MORRIS . I am a solicitor of 2, Calmont Gardens, Putney—I left my house in the charge of the last witness when I went away in September—I left a quantity of jewellery in the house worth about £20, in the wardrobe—this is the head of a blue enamel and pearl horseshoe pin, value about £3—that was taken—the enamel and the pin have been taken off—that is the only thing I have since seen.
LEOPOLD WEISNER . I am a jeweller and watchmaker, of 445, Battersea Park Road—on the night of 20th and 21st September a burglary was committed in my house—my shop window, containing a number of articles of jewellery of the value of £200, was cleared out—I saw them safe the night before, and at half-past four a. m., when I came down, they were gone—entrance was effected through the kitchen window—I identify these two silver watches, two necklets, two albert chains, a pair of earrings, a gold earring, two silver bracelets, three silver lockets, seven wedding-rings, three silver earrings, a silver watch, two sets of works of watches, two silver watch cases, a gold locket, a quantity of unset stones, five small pink corals, a ring setting, from which a coral had been taken out, and other things—I put down the value of the property I identify at £20.
EDWARD JOHNSON . I am manager to Mr. Weisner—I locked up these premises at ten p.m., and hung the key on a nail in the shop—I saw the window-case as it was then stocked—next morning when I came I found the shop had been ransacked, and I missed the articles that had been left in the window the night before—I identify a quantity of broken jewellery found in the garden on 6th October as my master's property that was safe when I left the shop.
JOHN WINZAR (Detective Sergeant V). I have had charge of this case—before 1st October I was making inquiries with regard to the matter, and as the result of information, I applied for a search-warrant to search 80, Orbell Street, Battersea—I went there with Thorley and other officers on the morning of 1st October at half-past six or a quarter to seven.
MR. MATHEWS requested the direction of the COURT as to the admissibility of certain evidence which he was prepared to adduce, viz., as to the possession of property by the prisoners, the result of a burglary committed after the date of that charged in the indictment; he proffered this evidence on the ground that it strengthened the presumption of guilty knowledge on the part of the prisoners at the time of their receiving the articles now alleged against them.
MR. LAWLESS and MR. CLUER both objected to such evidence being received, as it could have no bearing on the state of mind of the prisoners at a time precedent to the proposed evidence, and referred to Reg, v. Oddy, 7 Denison's Crown Cases.
THE RECORDER would receive the evidence, and would, if necessary, reserve the point.
JOHN WINZAR (Re-examined). The door was opened by George Tickett—I said, "Is Curly in?"—that is the nickname of James Tickett—he said, "He does not live here; it is the name of Gill that lives here"—I said, "Your name is Tickett"—he said "Yes"—I pointed to Thorley, who was with me, and said, "We are police officers, and have a warrant to search your premises; what part of the house do you occupy?"—he said, "Upstairs"—we went up, he leading the way—it is a two-storied house, three rooms upstairs and three down—when we got to the second storey I said, "Is this your room?"—he said, "Yes, the whole three"—we went into the front bedroom—I saw a locked box there in the far corner under the window—I asked for the key—he produced it from his pocket and unlocked the box, and from it I took a number of articles, among them two pieces of melted silver and two pieces of melted gold, the top of a mustard spoon, some rings, a single gold earring, three silver earrings, six silver watches, nine sets of works of watches, two silver watch cases, two gold lockets, and a quantity of unset stones—in the box was a small tin box that contained a quantity of broken jewellery, both gold and silver, a portion of a necklet, a swivel, a gold link and part of another, the head of a pearl pin, a number of watch and jewellery cases, two silk handkerchiefs, twenty-three silver rings, forming part of a necklet, a £5 cheque drawn by Lawes Brothers, dated 27th September—all these things have been identified by the witnesses—after finding these things I said to George Tickett, "How do you account for these being here?"—he said, "I am a dealer in them"—I left him in charge of Thorley and another constable, and went downstairs; there a communication was made to me, which induced me to go out in front of the house, and then I saw James Tickett running up the street—I followed him through several streets, and lost sight of him; I jumped into a passing milk-cart—I afterwards met him in Bridge Road, Battersea, the same morning, coming towards us; he turned and ran back—I followed and took him into custody—I said, "What are you running for?"—he replied, with a smile, "What do you think?"—I said, "Your sister told you we were in the house"—he made no reply to that—I took him to the station—I then went back to the house, about a quarter past seven, and was present when Gill's rooms downstairs were searched—Mr. and Mrs. Gill were present; Mrs. Gill is the daughter of George Tickett—on the dressing-table in the bedroom I found the works of a watch; there was a face to it, very dirty—it was not going—I asked Mrs. Gill, in Gill's presence, where she got that from—she said, "My father lent it to me to tell the time by—I then went into the washhouse with Thorley—on a shelf there I found this crucible and a plaster of paris mould—a razor was lying on the shelf, about a foot from the crucible—George Tickett was still in the house—I went into a shed behind with Police-constable Stokes—Gill gave me the key of the shed; we went in—I noticed that the mould in one corner had been recently turned up; one of the officers searched there, and found this tin box which contained
four silver bracelets, two silver necklets, and two silver lockets, all identified by Mr. Weisner—Gill was told that be would be arrested and charged with receiving stolen property—I don't remember his making any answer—I then returned upstairs to the second floor—I saw a coat hanging up behind the door in the back room, and in the pocket of that coat I found this silver pencil-case, since identified by Mr. Weisner; also a gold albert chain, not identified; I also found three pairs of pliers, four files, one rasp, four pairs of tweezers, one steel yard, two pairs of scales, three watch screwdrivers, a punch, a pair of clippers, a knife, a piece of wedgwood, a drill, four bits for boring holes, a hammer, and two bottles of aquafortis acid used for testing metals—on the sideboard I found a gold lever key less watch, some portions of a gold locket, a large number of watch glasses, and brooch and locket glasses, a pair of gold eyeglasses, some pawntickets, and twelve new table knives and forks—that was all I found at 80, Orbell Street, and from there I went to 27, Trot Street—the front room occupied by James Tickett was pointed out to me—I there found the works of a watch, with a dial to it, the head of a scarf-pin, with emeralds and pearls.
Cross-examined by James Tickett. I found nothing else—nothing found in your possession has been owned.
Cross-examined by MR. LAWLESS. George Tickett gave me every information; he did not try to conceal anything—I found at his house some catalogues of Debenham and Storr's relating to sales that had taken place there—he is known there under the name of Ratty—they sell large quantities of jewellery there.
Cross-examined by MR. CLUER. Gill is a carpenter working for his father—he has a good character as far as I can ascertain—I found nothing against him.
JOHN THORLEY (Police-Sergeant V). I assisted Winzar in searching 80, Orbell Street—I asked Gill whose shed that was at the back of his house—he said, "Mine; I use it as a workshop"—I asked if anybody else had a right to go in there—he said, "No"—he handed me the key, and said, "I always keep the key of it"—I asked him how he accounted for the tin box containing the various articles of jewellery—he said, "I don't know; I did not know they were there; my wife's brother, Jim, has been there repairing some chairs, "pointing to one in the kitchen;" he must have put it there"—we afterwards searched the scullery or washhouse, and found the crucible and mould—I drew his attention to those—he said, "I was not aware they were there"—there was also a looking-lass and a strap fastened on to the window, which he used for shaving—I had been upstairs when George Tickett was shaving himself, with a separate razor from that in the washhouse—George Tickett was asked to account for the things in the box—he said, "I am a general dealer; I bought, them; some I buy at Debenham and Storr's; I buy at several places"—he did not mention any date—he was arrested—Lydon and White had been previously arrested—they were all taken to the Police-station, and brought up together at the Police-court—when Lydon and White were in the cell I was standing in the gaoler's room, in conversation with Inspector Gray, and I heard White say to Lydon, "The shirt left at the house was the same sort as I have got on; that is the worst of it; they will say we sold the stun; to the old man, which will b----well do them, for I don't know the old man; do you, Mike?"—Lydon said, "No"—White then
said, "Won't Curly be b----wild when he knows we are coming up with him? he must not know us"—I knew James Tickett as Curly—at the station I searched George Tickett, and found on him a gold watch, which has been identified by Mr. Bridge—I asked him how he accounted for that—he said, "I bought it at Debenham's, giving £8 10s. for it"—I also found on him a silver albert chain, which has been identified by Mr. Weisner—I asked him about that; he said, "I let a party have it on appro. about two months ago, and they returned it on Sunday last"—I also found two gold rings, one identified by Mr. Weisner, and a quantity of unset stones, some of them corals, identified by Mr. Weisner—I also found on him a pearl pin, a small silver pencil-case, the backs of six gold studs and a swivel, identified by Mr. Weisner—I met James Tickett on one occasion, about ten or fourteen days before Lydon and White were arrested; the three were together, about half-past nine a.m., about ten minutes' walk from Trot Street, and about the same distance from Orbell Street; they were going in that direction.
Cross-examined by Lydon. I only remember seeing you together once.
Cross-examined by MR. LAWLESS. I was present when George Tickett's premises were'searched, and when Messrs. Lawes' cheque was found, that was given up to the prisoner by order of the Magistrate—we make no charge about that—we found property at his house, for which at present we have no owner—we have made every inquiry, and advertised in all the newspapers—several people have been and identified things, but did not like to say, because there are no marks on them—it was when Lydon and Smith were on remand that I heard the conversation in the cell.
Cross-examined by MR. CLUER. The house belongs to Gill, and George Tickett rented rooms from him for about five months.
Cross-examined by James Tickett. I think Gill said you had been working in the shed the day before—he pointed to a chair in the kitchen, which he said you had repaired—I could see that it was under repair—it was not fourteen days before you were arrested that I saw you, Lydon, and Smith together—I am almost positive that it was after Dr. Clark's robbery; that would be after 12th September—it was not on a Sunday, it was on a weekday; I won't say which day, for certain.
DANIEL STOKES (Policeman DR 51). I arrested Elizabeth Tickett; she said nothing—she was at the house, living with her husband—she handed me a bag at the station before she was searched, and in it I found a £5 cheque drawn by Lawes Brothers, dated 11th October, also £6 1s. 0 1/2 d. in money, a silver brooch, and a gold wedding-ring, both of which have been identified by Weisner—she said, "I picked the brooch up off the table some day last week; the ring my son gave me, because I should not summons him for an assault; the chain I picked up off the table; it is my husband's; it is a silver albert chain"—she took it out of her bosom, I believe—she afterwards said, in the presence of her husband and James, "This is all through James; I have told my husband time after time to have nothing to do with him, as he knew what he was doing, and what company he was keeping"—they could both hear what she said—they made no answer to it.
Cross-examined by MR. LAWLESS. I took a note of what she said soon after—I believe Lawes and Co. are jewellers.
spoke to him, and he made off—when I took Gill, he said, "I am the land lord of the house; here is the rent-book to show you, and I give you leave to search all the premises at the bottom of the house, which is mine, "which was done by Sergeant Thorley—on 6th October I went again to Orbell Street, and dug up the whole of the garden, which is 75 feet long—I came across a brown paper parcel, tied with string, buried a few inches below the surface, just covered over, not a foot from the fence, and about 50 feet from the shed—it contained a quantity of broken silver, and a number of scarf pins with the stones taken out—the silver was afterwards identified by Mr. Johnson.
Cross-examined by MR. CLUER. I put down what Gill said at the time in my pocketbook; I have not got it here—he gave me no difficulty.
Lydon, in his defence, said the only evidence against him was that given by Vickery, who was prompted by the police to say he was the man, and he denied having had such a conversation in the cells as had been given. White said he knew nothing of the other prisoners, and denied the conversation in the cells. James Tickett said he was not in the company of the other prisoners in Battersea Park Road; that he had committed an assault on Elizabeth Tickett, and thinking the police had come about that he ran away. Elizabeth Tickett, said she was not aware her husband had any stolen property. James Tickett and Gill received good characters.
LYDON and WHITE— GUILTY of housebreaking. JAMES TICKETT and GEORGE TICKETT, GUILTYof receiving. ELIZABETH TICKETT and GILL— NOT GUILTY .
MR. SANDERS Prosecuted.
GUILTY on the Second Count.— Six Months' Hard Labour.
57. WILLIAM JOHNSON** (49) PLEADED GUILTY to burglary in the dwelling-house of Thomas Knott, and stealing a mantle and a shawl, after a conviction at this Court in June, 1887, of a like offence.— Eighteen Months' Hard Labour. And
58. JOSEPH SPALDING (36) , to unlawfully obtaining goods by false pretences, from John Pollett; also to obtaining money from other persons, with intent to defraud.— [Pleaded Guilty: See original trial image.] Four Months' Hard Labour.
Before. Mr. Common Serjeant.
59. LESLIE JOHN KIND (27) , to obtaining certain clothing from James Simpson, by false pretences; also to forging and uttering an order for £10, with intent to defraud.— [Pleaded Guilty: See original trial image.] Three Months' Imprisonment. And
MESSRS. AVORY AND BIRON Prosecuted.
NOT GUILTY .
MR. WILMOT Prosecuted. EDWARD PEARCE. I keep the Prince of Wales, St. George's Road,
Southwark—on July 16th the prisaner came in with two other men; he called for three half-pints, and put down a half-crown—it was slightly bent, and of a dark colour—I said, "What is this? How many more have you about you like this?"—he said, "All-right, governor, give it me back and I will give you 3d."—I said, "No, I hold the coin, and I shall charge you"—I left by my side door to fetch a constable, found one passing, and when I got back to the bar the three men had gone—I found the prisoner in front of the house; he said, "I will smash your b----brains out, "but he did not offer to hit me; that was just before the policeman came—at the station he was very violent, and nearly threw me as well as the constable, and asked me to give him one more chance—I handed the coin to the constable—this is it.
HORACE FREDERICK WILKINS (Policeman H 611). I took the prisoner outside the publichouse; he was alone—at the station he said, "Give us a chance, governor"—he was placed in the dock, and said, "I did not give it to you"—nothing had been said to him then—I found a half penny on him—when he was charged next day, the 17th, at Lambeth Police-court, he said that he had carried a gentleman's portmanteau, who gave him the half-crown, and asked him for change, which he gave him—Mr. Shiel remanded him to the 24th, and then discharged him.
AMELIA LAURENCE . My husband keeps the Two Eagles beerhouse, Kinglake Street, Newington—on 29th October, about 8.30 p.m., I served the prisoner with a bottle of lemonade, price twopence—he gave me a florin, and I gave him three sixpences and fourpence—there was something wrong in his manner, and I tried the coin in the back parlour, and when I went back he had gone—Walker pursued him, and brought him back—I said, "You have given me a bad florin"—he said, "I will pay you, "and put his hand in his pocket and brought out a good one—I gave the bad one to the policeman—this is it.
HENRY JAMES LAURENCE . I keep the Two Eagles—on 29th October my wife gave me this bad florin—I handed it to the constable—I was in the bar when Walker brought the prisoner back—I charged him with uttering it; he said that was the only piece he had got about him—he was taken to the taproom and roughly searched.
JOHN WALKER . I am a horse-keeper—on 29th October I was in the Two Eagles—the prisoner came in, called for a bottle of lemonade, and tendered something to the landlady, who went to the back, and he drank his lemonade and went out—she came back and complained to me, and I went out and overtook the prisoner, about twenty yards away, and took him back, and handed him over to Mr. Laurence—they said that he had given a bad two-shilling piece—he said he would pay for it, and took another florin from his pocket, and offered to pay with that.
EDWIN KARSLAKE (Policeman M 339). The prisoner was given into my custody—Mr. Laurence charged him—he said, "I am very sorry; do you think I should have come back if I had known it was a bad one?"—I searched him in the taproom, and found three good sixpences and fivepence, but no other florin—he said nothing in answer to the charge.
Prisoner's Defence. I carried a box for a gentleman to Waterloo Bridge. He asked me to go to the Hill publichouse to get change for a half-crown, and take 6d. for my charge; but I had some change, and
gave him 1s. 10 1/2 d.—that made 8d. I afterwards found that it was bad. I work for my brother, who keeps a shop, and I must have taken the florin there. I had two florins when I went to the house.
HENRY JAMES LAURENCE (Re-examined), The prisoner was not searched before Karslake searched him—when Walker brought him back I had the bad coin in my hand, and he tendered a florin to my wife, and got the change—he had two, one good and one bad, and when he was fetched back he tendered a good one in substitution for the bad one—he had already got his change.
GUILTY of the first uttering.— Six Month' Hard Labour.
ADJOURNED TO MONDAY, DECEMBER 16TH, 1889.