CENTRAL CRIMINAL COURT
SECOND SESSION, HELD DECEMBER 16TH, 1889.
MINUTES OF EVIDENCE.
TAKEN IN SHORT-HAND, BY
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
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OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
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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, December 16th, 1889, and following days.
BEFORE the RIGHT HON. SIR HENRY AARON ISAACS, LORD MAYOR of the City of London; the Hon. Sir JOHN CHARLES DAY , Knt., one of the Justices of Her Majesty's High Court of Justice; Sir JAMES CLARKE LAWRENCE , Bart., WILLIAM JAMES RICHMOND COTTON , Esq., Sir JOHN WHITTAKER ELLIS , Bart, Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q. C., Recorder of the City; JOSEPH SAVORY , Esq., PHINEAS COWAN , Esq., GEORGE ROBERT TYLER , Esq., WALTER HENRY WILKIN , Esq., GEORGE FAUDEL PHILLIPS , Esq., EDWARD HART , Esq., and HORATIO DAVIES , Esq., other of the Aldermen of the said City; and Sir WILLIAM THOMAS CHARLEY , Knt., Q.C., D.C.L., Common Serjeant of the said City; Her Majesty's Justices of Oyer and Terminer, and General Gaol Delivery holden for the said City, and Judges of the Central Criminal Court.
CENTRAL CRIMINAL COURT
ISAACS, MAYOR. SECOND SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, December 16th, 1889.
Before Mr. Recorder.
MESSRS. GILL and HORACE AVORY Prosecuted; MR. GEOGHEGAN appeared for Johnson; MR. BESLEY for Scott; MESSRS. KEITH FRITH and POYNTER for
Smith; and MR. PURCELL for Ives.
The prisoners were tried at a former Session (see Vol. CX., page 1246) for stealing these coals, and were acquitted upon a technical point, as there reported. The evidence then given was, at the request of Counsel, now read over to the witnesses, partly from the Sessions paper and partly from the Recorder's notes, to the correctness of which they assented. In addition the following witness was called.
WILLIAM VICKERY . I am a labourer—on 27th September I was working for the prisoner Smith—on that day I went away to my dinner, about one o'clock—on my return I saw that a horse and van or cart had been backed in there, and some coals shot in the yard—next evening, the 28th, I got a message from Smith—I went there, and saw Mr. and Mrs. Smith chucking coals up in the van—after they had done it Smith asked me to take the coals down to a meadow that he rents at Bedfont, about two and a half miles from Hounslow—I took them there with a van and cart—I left them in the field, and brought back the horses—I got back between twelve and one—next morning, the 29th, I was in Smith's stable:, from what Mrs. Smith said to me I went into the sitting-room, and there saw Smith and Johnson—they asked me if 1 would go and find, my brother Harry—I went and found him—before that they said if he would say they had shot the coals in the barracks they would give him £25—I then went and spoke to my brother, and he came up—I have been convicted, and it has given me a lesson.
Cross-examined by MR. GEOGHEGAN. I have undergone penal servitude some time ago—that has taught me a lesson, and done me good—it has taught me to be a better man—about two months ago I had a month for being drunk and kicking up a disturbance—there was a question of an assault, I believe, upon a woman—I went to my brother and told him about the offer of £25 if he and Cook would go up and say this—I did not go to look for Cook—I told Mr. Shaddock about it at Hounslow—I told him of it at this Court, and before that at Hounslow—I did not go to him; he came to me—he asked me what I knew—he did not ask me if Johnson had said anything about money—I told him of it—I could not say whether I mentioned it to him first, or he to me—I am now employed in cleaning out a pond for a gentleman, at fivepence an hour.
Cross-examined by Mr. K. FRITH. I first made a statement to Shaddock when I was up here; I could not say on what day it was, we were on the railway platform—we met accidentally, and he called me and spoke to me—Willie Vickery is my son—he did not tell me that Shaddock told him if he did not speak the truth he would be taken into custody—I do not know that Mr. Law was the solicitor for Smith at Staines—I never said that I would make it hot for him or anyone he had to do with.
Re-examined. I was subpœnaed here on the last occasion, and my statement was then taken down in writing by Shaddock.
GUILTY .— Six Months' Hard Labour each.
64. HENRY WILLIAM THOMAS (21) PLEADED GUILTY to two indictments for stealing post letters containing orders for the payment of money, the property of the Postmaster-General, he being employed under the Post Office; also to forging and uttering receipts for the payment of money— Five Years' Penal Servitude ;
65. CHARLES HOVELL (23) , to stealing 48 springs and other articles, the goods of the Postmaster-General, he being employed under the Post Office— Eighteen Months Hard Labour. [Pleaded guilty: See original trial image.]
66. GEORGE JAMES RANDALL (20) , to two indictments for stealing post letters, the property of the Postmaster-General, he being employed under the Post Office— Eighteen Months' Hard Labour. [Pleaded guilty: See original trial image.]
67. JAMES RYAN (27) , to burglary in the dwelling-house of James Biggs and another, with intent to steal therein after a conviction* of felony in November, 1888; also to burglary in the dwelling-house of Edward Cheeseman and another, with intent to steal— Eighteen Months' Hard Labour. [Pleaded guilty: See original trial image.] And
68. FREDERICK WILLIAM HAMILTON (65) , to obtaining by false pretences, from Nina Hickman, two coats and other articles, and other goods from other persons, with intent to defraud— Fifteen Months' Hard Labour. [Pleaded guilty: See original trial image.]
NEW COURT.—Monday, December 16th, 1889.
Before Mr. Common Serjeant.
69. FREDERICK PERCY HOPPER (16) PLEADED GUILTY to unlawfully uttering counterfeit coin, having other counterfeit coin in his possession— His father entered into recognisances to bring him up for Judgment when called on.
70. JOHN JACKSON (28) , to stealing, in the dwelling-house of Samuel Kent Hughes, two clocks and other articles; also to breaking and entering the dwelling-house of James J. Kench, and stealing a sealskin jacket and other articles, his property— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.] And
PLEADED GUILTY .
MR. WILKINSON Prosecuted.
WALTER OUTRAM (City Detective). On November 26th, about noon, I was with Scrivener on Finsbury Pavement, and saw Clark—we followed her; she joined Wood at the corner of Fore Street—he handed her something, and they went down London Wall, crossed the road, and she went to Mrs. Bourne's, 115, London Wall, a stationer's shop; Wood stood out side—Clark bad a small paper in her hand—she came out, and crossed the road; Wood followed her—they spoke together in Bell Alley, and seemed to hand something to each other—she left him again, and went into a confectioner's shop; he stood twelve yards off—she came out, and turned to the left; he followed, and joined her in Angel Court; they walked to Broad Street talking together she left him there and went up Bartholomew Lane and Threadneedle Street into Bishopsgate Street; she was twenty yards in front of him, and went into the Golden Grain Bread Company's shop—Scrivener followed her in, and Wood looked in at the window—Scrivener came to the door with Clark, and I seized Wood and said, "I am a police officer; you will be charged with being concerned with this woman in uttering counterfeit coin"—he said, "I don't know the woman"—I caught hold of him, we struggled and fell, and his shoulder went through the window—I got him to the station after a hard struggle, and said, "Have you any more bad money about you?"—he produced a handkerchief and a purse from his pocket, and said, "There is some good money there"—it contained four sovereigns, a half-sovereign, four half-crowns, seven florins, and four shillings, all good—I searched him, and found in his trousers pockets five sixpences and 2s. 2d. in bronze, two keys, and a knife—I found a shilling in his ticket-pocket; I laid it on the desk, and he seized it and put it in his mouth; we struggled, and I threw him down, but could not get it out of his mouth—I have not seen it since—I could not see whether it was good or bad—I also found this pamphlet, entitled "Something to Read"—when they were charged, Wood said, "I thought you were going to rob me"—Clark said she had no address—and Wood said, "I have got no fixed address"—I afterwards went to 87, Oxford Road, New North Road, with Scrivener; Mrs. Reuss opened the door, and pointed to a front room in the basement, which we opened with a key found on Wood—another key opened the front door—no one was in the room; we found this piece of metal there—the female searcher gave me three florins, a sixpence, fivepence, a purse, and a small hand-bag.
Cross-examined by Wood. I found a small piece of hard tobacco on you, it was not that which you put in your mouth—I saw you with Clark in London Wall on the previous Saturday.
Wall, where Clark went into No. 115—after she came out I went in, and Miss Barnett handed a coin to me—we continued to watch the prisoners, and saw Clark enter 119, Bishopsgate Street—I followed her in quickly; she bought a pennyworth of cake, and paid with a shilling—I saw the change given to her, and stopped her as she came out, and spoke to Miss Durrant, who showed me a coin—she tried it under the counter, bent it, and handed it to me—I kept Clark in custody—Wood was looking through the window, and I caught hold of him, upon which Clark said that she knew nothing about him—I had said nothing to her to call for that remark—I went with Outram to Oxford Road, New North Road,. and searched a room which the landlady pointed out, and found this piece of metal under the fender.
ALICE BONNY . I am assistant to Mrs. Bourne, a stationer, of 115, London Wall—on 26th November, about noon, Clark came in, and bought "Something to Read, "price one penny—she gave me a shilling; I gave her the change, and she left—I put the shilling in the till—Scrivener came in, and I handed it to him.
CLARA DURRANT . I am an assistant at the Golden Grain Bread Company, Bishopsgate Street Within—on 26th November Clark came in and bought a piece of cake, price one penny—she gave me a shilling—I put it in the till, and gave her a sixpence and fivepence—Scrivener then came in, and in Clark's presence said, u This is a bad shilling"—I then tried it in the detector, and handed it to him—this is it.
MARGARET REUSS . I am the wife of Adolph Reuss, of 64, Elmore Street, Islington, and am landlady of 87, Oxford Road, New North Road—the prisoners have occupied the breakfast-parlour in the basement over a year as Mr. and Mrs. Robinson—on 22nd November I pointed out their room to the two officers.
Cross-examined by Wood. I have four furnished houses, and keep one for myself—each has eight tenants, who each have a bedroom and sitting-room combined.
WILLIAM JOHN MILES (City Police Sergeant). On November 26th I was at Bishopsgate Street Station when the prisoners were brought in and charged—I was sitting in front of Wood when Outram took some money from his pocket and laid it on the desk; Wood seized it immediately and put it in his mouth; I rushed to him, threw him on the floor, put my thumb and finger in his mouth, and felt something hard, which was not his teeth, because they were biting my thumb and finger, and I had hold of something flat—he was held by a lot of officers, and said something about the ruffianism of the police—I said, "You should not have swallowed the coin, or you would not have been badly used."
WILLIAM WEBSTER . I am Inspector of Coin to Her Majesty's Mint—these two shillings are counterfeit, and from the same mould—it is a piece of molten metal, the same as pewter pots are made of, but it can also be used in plumbing.
Woody in his defence, stated that he met Clark, and gave her a half-crown to purchase a paper for him while he went into a urinal; that they went on farther, and some cake was purchased with good money; he denied saying that he did not know Clark, but said that he said, "She has nothing to do with me."
WOOD— GUILTY .
CLARK **— Eighteen Months' Hard Labour each
OLD COURT.—Tuesday, December 17th, 1889.
Before Mr. Recorder.
MR. ROOTH Prosecuted.
WILLIAM MILLER . I am caretaker of the house 35, Carlisle Square, belonging to Mr. Edward James Taylor—on 14th November I closed the house, and saw everything safe at eleven o'clock—about three in the morning I was aroused by hearing a noise; I listened, and heard it again—I spoke to my wife, and she got up and went for a constable while I dressed myself—I then distinctly heard footsteps in the drawing-room, and then in the dining-room, over my head—I kept quiet in the dark till the constable came, and then we went into the back drawing-room, and the constable dragged the prisoner out—at the Police-court I heard the prisoner say, "The place was not locked up; I raised the window without any difficulty. "
ROBERT GUYNON (Policeman B 14). On the morning of 15th November, at 3. 15, I was called by Mrs. Miller to 35, Carlisle Square, and in company with Mr. and Mrs. Miller I searched the premises—in the back drawing-room there was some furniture standing up in the centre of the room covered with a cloth, and on raising the cloth I found the prisoner concealed under it—I drew him out; his boots were off; he was sober—I asked what he was doing there—he said, "I only came in for a doss," meaning for a sleep—I asked how he got in—he said, "I don't know"—I said I should take him into custody, being found there for an unlawful purpose—he said, "All right, I will go quietly"—on the way to the station he said, "I suppose I shall get into it for this; but I only went in there for a doss"—he was searched, but no housebreaking instruments were found on him—he gave his correct name and address—his hat and boots were lying by the side of the furniture that was piled up in the room—he was not asleep; he was lying flat on his face.
GEORGE BRIDGES (Police Inspector B). I examined the premises; the prisoner must have entered by the back drawing-room window on the ground floor; it must have been very difficult to get there, and if he had fallen he would have dropped 15 feet into an area—at the station he said,. "This is a nice thing to be charged with; I was half asleep; I should not have gone there if I had known it was an unoccupied house"—nobody but the caretaker was there.
Prisoner's Defence. I was very unfortunate that night; I had nowhere, to go to; I walked about and was very tired. I thought I knew the man, by doing a job there. When I got in I was in great fear, and thought I should be seen; but being very tired I thought I would rest awhile. I had no intention of stealing a pin.
NOT GUILTY .
74. THOMAS SMITH (38) and GEORGE TAYLOR (27) , Feloniously breaking and entering the dwelling-house of Walter George Drakes, and stealing a coat and other goods, and £6 in money. Second Count, for receiving.
MESSRS. CHARLES MATHEWS and PARTRIDGE Prosecuted.
WALTER GEORGE DRAKES . I live at 147, Twentyman Road, Clapham—on Sunday, 27th October, I left home between twelve and one in the day; it was then safely fastened up; I left no one in the house—I returned about eleven the same night—I found that the front door had been forced; my bedroom door had also been forced open, the drawers ransacked, and all in disorder, things thrown all over the room—I missed a great deal of property, a coat, waistcoat, an overcoat, a silk muffler, and a pair of gloves—these (produced) are them—I also missed jewellery and other property to the value of about £30, and £8 in gold—I found this stick and this blue serge coat lying on the floor in my room—they do not belong to me.
Smith. Is there anything peculiar about these clothes to prove they are yours?
Witness. I am sure they are mine; I have tried them on, and they fit me; I have not tried on the gloves, but I know them perfectly well.
EDWARD HEARN (Detective Sergeant N). On 7th November I went with two other officers to 2, White Conduit Place, Clerkenwell—Smith opened the door to Dyke, one of the other officers; I did not hear what was said—I followed into the house, and assisted in taking Smith into custody—I searched him at the station, and found on him this pair of gloves and five keys; two of them are common keys and three skeletons.
THOMAS BROCKWELL (Police Sergeant N). On 7th November I went with Hearn and another officer to Smith's lodging; he showed us the way; I searched his room—I found a number of different articles, among them this coat, waistcoat, and wrapper, sixteen keys, three of which are skeleton—a pair of brown leather gloves and a gold neck-chain was found on his person—among the things found in his room was a pair of gloves and four handkerchiefs, which have been identified by Miss Marshall.
SARAH WOOD . I am the wife of George Wood, of 32, Parkfield Street, Liverpool Road—the prisoner Taylor lodged with me in the name of Cooper for five weeks with his wife—I have seen him wear this short serge coat; he used to wear it in the morning—the police showed it to me, and I at once identified it.
ANN MARSHALL . I am single, and live at 57, Camberwell Grove—on 4th November my house was broken into while I was absent, and I lost property, amongst which was a pair of gloves and four pocket handkerchiefs, which I have identified.
Smith, in his statement before the Magistrate and in his defence, asserted that he knew nothing of the robbery, and that the coat and waistcoat found at his lodging he had had ten weeks, and the gloves over ten months.
Taylor's Defence. I wish the Jury to examine the coat that was found; it is not mine; it will not fit me. (The prisoner put the coat on; it appeared to fit him.)
EDWARD DREW (Police Sergeant N). The coat is one termed a cracksman's coat—it has a place inside close to the breast, which is used to carry a jemmy—it has a tape attached to it—it is a regular thing carried by burglars.
TAYLOR, GUILTY on First Count ;
SMITH, GUILTY on Second Count
75. THOMAS SMITH (38) was again indicted, with HENRY TAYLOR (27) , for breaking and entering the dwelling-house of Ann Marshall, and stealing her umbrella and other property, and £1 15s. Second Count, receiving the same.
MESSRS. HORACE AVORY and PARTRIDGE Prosecuted. ANN MARSHALL . I live at 57, Camberwell Grove, Camberwell—on 5th November my house was broken into while I was away in the daytime—when I came home about half-past seven I missed a quantity of articles—I have since seen and identified this umbrella, pair of gloves, and four handkerchiefs as having been then stolen.
Cross-examined by Taylor. I had had the umbrella for many years, and can easily identify it; the top unscrews—it had just come home from being recovered—I had not unrolled it.
HARRY WHITE (Detective Sergeant). On 7th November, about eight a. m., I went with Inspector Peel and another officer to 31, Albert Terrace, Barnsbury—I saw Henry Taylor in a bedroom—I said, "I shall take you into custody on suspicion of committing burglaries in London"—he made no reply—I searched his room, and found four umbrellas, a pair of lady's boots, a pair of gentleman's boots, spoons, a silver watch, a chain, an albert and locket, a silver earring, brooches, rings, a pencil, sixteen keys, and other articles—the keys were ordinary latch-keys—I found this umbrella in the room.
Cross-examined by Taylor. Nothing that I found has been identified except this umbrella.
The prisoners' statements before the Magistrate. Smith says: "On the 5th me and the prisoner Taylor were going to the Surrey Theatre, and we went to a public-house, and while having a drink a man and a woman came in and offered the umbrella for sale, and Taylor bought it for 3s. 6d., and the man then produced the gloves and the handkerchiefs, and wanted us to buy them as well, and I gave him 2s. for them; we did not know they had been stolen." Taylor: "I say the same. "
Taylor, in his defence, said he knew Smith by seeing him in the public-houses round the neighbourhood; that he had bought the umbrella for 3s. 6d.; that the lady could not swear to it as hers; that the keys he had filed to fit his own doors
76. LOUISA COOPER (21) and GEORGE TAYLOR (29) , Feloniously breaking and entering the dwelling-house of Eliza Orpen, and stealing goods therein, the property of George and Eliza Orpen; Second Count, receiving the same.
MESSRS. HORACE AVORY and PARTRIDGE Prosecuted.
Mr. AVORY offered no evidence against Cooper.
NOT GUILTY .
The JURY were discharged from giving a verdict as to George Taylor.
No evidence was offered against Cooper.
NOT GUILTY .
George Taylor then PLEADED GUILTY to a conviction of felony in October, 1883; Smith to a conviction of felony in February, 1882; and Henry Taylor to a conviction of felony in March, 1883.— Each of the prisoners was then sentenced to Fifteen Years' Penal Servitude.
MR. PAUL TAYLOR Prosecuted, MR. GEOGHEGAN appeared for William Prior, and MR. LAWLESS for Thomas Joseph Prior. HENRY JAMES MOORE. I am a clock manufacturer, at 38 and 39, Clerkenwell Close—on the morning of 18th November, in consequence of something I heard, I proceeded to examine my warehouse—I found the iron bar to the back warehouse ground floor had been strained and the shutters behind it opened, and entrance effected through the window into the back room—the door of that room into the passage had been opened—in my front office my desk had been forced and the keys of my safe removed—the larger door of the safe had been opened with keys, and the smaller drawers had been forced open—the safe contained no valuable property—some money, under £3 was taken from under a clock on the mantelpiece—I missed three clocks—one was a large gilt clock with an eagle on the top and four lions at the base, it cost £200—the second one was a buhl clock of about the value of £50, and the third was a French carriage clock, of about the value of £4—I have seen none of them since—I also missed a brown blanket cloth which had been covering a clock; it was really an army blanket.
CHARLES MECOY (in custody). I live at 4, Corporation Road, Clerkenwell—I am acquainted with all the prisoners—I have known Williams and Dutton for the last few years, but William Prior only recently—I have seen Thomas Prior, but not spoken to him—on 17th November, Sunday, I met Williams and Dutton in Corporation Road between 9 and 10 p. m.—Williams said. "Come and look for a place to break into"—I and Dutton said, "Yes"—we went down Corporation Road and Rosamond Street till we got to Mr. Moore's clock factory—Williams said, "Here is a place to break into; I have never seen anybody there"—next to the factory were two houses being pulled down—a hoarding was up in front of them—I lifted Williams and Dutton over the hoarding, and then went to the rear of the clock factory by myself—there was a urinal there—I waited there till about quarter to eleven, and then I saw Williams come round from the front entrance, carrying something on his shoulder, and Dutton followed, with something in his arms—as Williams got towards me he threw something over the gate at the back of the premises into a stone-yard, where stones are kept—I asked him what it was—he said, "A lantern"—we then went up Rosamond Street, and into Corporation Row—they said they had clocks—Williams and Dutton went away for about five minutes—when they came back Williams said, "We have put them away"—we went to look for William Prior; I suggested going to look for him—we went the same
night, after putting the clocks away, to Dillon's public-house, and then to Joseph Prior's place, Northampton Street—a woman was standing at the door—he was not in—we then parted, and went home—next morning we met, and went to Thomas Joseph Prior's place again in Northampton Street about ten o'clock—I went in; the other two waited outside—I saw a little girl there—afterwards I saw Thomas Prior going down the street—I ran after him, and asked him if his brother was in—he said, "What do you want him for?"—I said, "We have some clocks to sell him"—he said he would be in about dinner-time—the others were not near enough to hear that; they were waiting lower down for me—I told him I would come back—I went—he said he had not been in; he told me to go and look in Dillon's—I went there, and saw him and William Prior—he asked me what I wanted—I said, "I have some clocks to sell"—he sent a man who is not here out with me, saying, "He will see what you want"—I took him to Williams and Dutton, and they went away somewhere—I waited for about ten minutes till they all three came back—I then went with the man to William Prior in Dillon's public-house—the man said to William Prior, "They have three clocks worth eight sovereigns to you"—Prior gave him eight sovereigns out of his inside waistcoat-pocket, and said, "Go to my brother Thomas, and, ask him to go and fetch the clocks, and take them to his place"—we went to Thomas Joseph Prior's house, and told him what his brother had said, and asked him to go and fetch them—he took this large waterproof bag, and said, "This will hold them"—he rolled it up, and gave it to Williams to carry—then Williams went with Thomas Joseph Prior and Dutton to get the clocks, and we and the man waited outside Holiday's public-house, at the corner of Compton Street—after waiting about ten minutes we saw Williams carrying; the largest clock, partly in that bag and partly in a piece of dark blanket or cloth—Dutton followed, carrying the middle-sized clock; Thomas Joseph Prior carried the smallest—then all three went inside Thomas Prior's house, 10, Northampton Street—they did not remain there above two minutes, and then Dutton and Williams came out empty-handed—I was at the bottom of the street at this time—I and the man went into the shop, and I saw the clocks standing on the floor—I pulled the cloth off the largest of the three clocks and looked at it; it had an eagle on the top—the smallest clock was a carriage clock in a case—then I and the man and Thomas Prior went to Holiday's public-house in Compton Street—William Prior came in there, and the man paid for drinks and cigars out of the eight sovereigns William Prior had given him—William Prior asked where the clocks had come from—I said they had come from Clerkenwell Close last night—he said they must go up to-morrow—the man then gave me £7 17s., of which I gave two shillings to Thomas Prior and two shillings to the man; the other had been spent in drinks—that left me £7 13s.—I came outside and met Williams and Dutton, and shared the money with them—when the £7 17s. was handed to me my wife was present—she did not see us share it—she was present with us about twenty minutes to two, in the dinner-time—I did not see either of the Priors after that till they were in custody.
November, on a Monday, I was going to work at twenty minutes to two, and saw my husband outside the public-house—he asked me to have a drink, and I went in—I only saw a man, not in custody, and my husband—the man paid some money to my husband—I afterwards saw it was £7 13s.—after that the two Priors came in—we had a drink all round—my husband paid the Priors two shillings each, and we then came out, leaving the Priors in the public-house—I had never seen the Priors before—I had seen Williams and Dutton with my husband before—I left my husband with Dutton and Williams in the street, and went to work.
JOHN ROBINSON (Sergeant G). On 25th November, about 11 a. m., I was in company with Blight in Liverpool Road, Islington, and saw William Prior—I said, "George, you know me?"—he said, "Yes"—I said, "I am going to take you into custody for receiving three valuable clocks, stolen from a warehouse in Clerkenwell Close, between the 16th and the 18th of this month '—he replied, "I don't go in for clocks, I go in for diamond stuff"—I took him to the station, where the charge was read to him—he made no answer—I searched and found on him £21 in gold, two diamond rings in his pocket, and a ruby ring—he was wearing a diamond ring on his finger, and a silver watch and gold albert, and a stone for testing gold—on examining his clothes I found he had an inside waistcoat pocket.
Cross-examined by MR. GEOGHEGAN. He was wearing the waistcoat at the time; I have not got it—the pocket was not torn.
WILLIAM BLIGHT (Police Sergeant G). On 25th November, about twelve o'clock, I went with Robinson to Northampton Street, Clerkenwell, where I saw Thomas Prior—I told him I should arrest him for being concerned with a man named William Prior, in receiving three valuable clocks, well knowing them to be stolen—he said, "I don't know anyone of the name of William Prior, neither do I know anything about any clocks"—I searched a box and found this leather bag—I took him to the station—the charge was read to him; he made no answer—he told me the leather bag was his, and he had had it a long time.
Cross-examined by MR LAWLESS. He said at the Police-court he had a brother named George; he knew no one of the name of William Prior—this is not a bag, but a cloth; it has been ripped open—he is a French polisher, and has a shop at Northampton Street.
BENJAMIN FORDHAM (Sergeant G). On 25th November I searched the premises 31, Liverpool Road, occupied by William Prior—I found a number of articles of jewellery and twenty-one pawntickets relating to jewellery.
Cross-examined by MR. GEOGHEGAN. I found gem rings—I think no diamond rings; I won't swear there were none—I have made inquiries about the pawntickets; there is no charge in reference to them or to the things found there—he is a dealer in jewellery.
Cross-examined by MR. GEOGHEGAN. They were professionally represented at the Police-court.
MR. GEOGHEGAN submitted that there was no case to go to the JURY as against his client, as the only evidence affecting him was the uncorroborated evidence of
an accomplice, Charles Mecoy, the wife's (Florence Mecoy) evidence not affording any in point of law (Queen v. Neale and Taylor, Carrington and Payne).
MR. LAWLESS submitted the same point as to his client.
MR. TAYLOR called the attention of the Court to Quern v. Starkie (Dearsly and Bell)
The RECORDER said he must direct the JURY that, although in point of law they might convict upon the uncorroborated testimony of an accomplice, in practice that was never adopted, and it would not be safe to act upon it.
NOT GUILTY .
PLEADED GUILTY . There was another indictment against T. J. Prior, for which see New Court, Saturday,— Twelve Months' Hard Labour each.
The GRAND JURY made a presentment as to the excellent conduct of the police, with which the RECORDER agreed.
NEW COURT.—Tuesday, December 17th, 1889.
Before Mr. Common Serjeant
81. JOHN LAEN** (61) , to stealing a hat, a pair of boots, and a pair of stockings, from the person of Amy Beatrice Goring; also to feloniously leading away and detaining the said Amy Beatrice Goring, with intent to deprive her father of her.— Eighteen Months' Hard Labour. [Pleaded guilty: See original trial image.]
MR. HUGGINS Prosecuted.
CHARLES DOLDER (Detective N). On 24th November I took the prisoner at 82, Lamb's Conduit Street—I said, "I shall take you in custody for bigamy"—he said,' "All right, you can't hurt me; you can't find my first wife"—afterwards he said, "I heard that she was in Nottingham, but I have not seen her for thirteen years"—what he said was, "I hear she is in Nottingham"—I stick to that—there was a woman in bed in the room—I asked him who she was—he said, "She is my wife"—that was not the second wife, but another woman.
Cross-examined by the Prisoner.—You did not say "I heard"; you said, "I hear she is in Nottingham"—you did not say that she died there.
CHARLES TILBY . I am the prisoner's brother—I was present at his marriage with Mary Vantienne in 1866 at St. Pancras Church—she eloped with a man named Brown ten years afterwards—I have only seen her once since; that was last Wednesday at my office, 272, Strand.
Cross-examined. I remember you buying a cigar-shop in Hornsey Rise, and settling it on your wife—she sold the shop and eloped, taking all your property with her; that was thirteen years ago—I have heard that they have three children.
known him three months—he described himself as a bachelor, but shortly after our marriage he told me he was a married man, but had not lived with his wife for eight years; and afterwards he told me she was dead—I got this certificate from Somerset House. (This certified the marriage of William Henry Martin Tilby and Mary Nias Vantienne, at St. Pancras Church, on 23rd June, 1866)—this is the certificate I had when I was married. (This certified the marriage of William Henry Martin Tilby, bachelor, and Annie Baston, spinster, by Registrar, at Charlton, Lancashire, on 11th April, 1885)—I have one child by him, a boy three years old next March—I gave him in custody.
Cross-examined. I gave you in custody in a fit of temper through jealousy, and I am very sorry for it—you have been good to me, and I am willing to take you back.
AMY JANE TILBY . I am the prisoner's daughter by his first wife, and am nineteen years old—I remember my mother leaving home with Mr. Brown, between ten and thirteen years ago—it is about three years since I saw her—I went with her and my two elder and two younger brothers—I saw my father two or three years afterwards; that was seven or ten years ago—I saw him about six years ago, and then I did not see him again for two years—I have seen him three times since I left him with my mother—I remained with Mr. Brown a year or two, and then I went and lived with my father—I left my mother seven years ago, when I was thirteen; I am nearly twenty now.
Cross-examined. I remember your settling the shop and furniture on my mother before she went away, and remember her selling it; I was there at the time—I know that she ran away with all your property and Brown—she has three children by him, I have seen them—I remember how astonished you were when I came to your office two years and a half ago, and told you that my mother was alive.
NOT GUILTY .
MR. BURNEY Prosecuted.
WILLIAM RIVERS . I am a packer at Bartram, Harvey, and Company, 23, Gresham Street—on November 2nd I packed a parcel for Abrahams and Son, 9, Oswald Street, Whitechapel, containing seven yards of cloth, value £2, the property of my employers, and gave it to Davies, a carman, between two and three p. m. to be delivered.
ALFRED SERJEANT . I am 15 years old, and am van boy to Mr. Davies, a carman, of Knightrider Street—on November 4th, among other things, I was carrying on my shoulders a parcel to be delivered to Mr. Abrahams—the prisoner came up to me in Old Change, between one and two o'clock, and said, "Tommy, you have just come from Bartram and Harvey's"—I said "Yes"—he said, "Well, I have got to take it back; the order is cancelled"—I said, "All right, "and let him take it—three days afterwards my master spoke to me, and I made a statement to him—on 27th November I picked the prisoner out from five or six others at Bow Street Station—I had seen him about three weeks before November 4th, and knew his face.
Cross-examined by the Prisoner. I cannot tell the date when you took the parcel, but it was Monday I saw you about three weeks before that in St. Paul's Churchyard, about dinner-time.
SIDNEY TEMLETT (Detective Officer E). I took the prisoner on another charge on 19th November—on 27th November he was placed with other men and Serjeant identified him—he was not charged with this offence then.
Witness for the Defence.
Prisoner's Defence. The boy states that he saw the same man three weeks previously, and at that time I was in Pentonville Prison.
NOT GUILTY .
MR. BURNIE Prosecuted. WALTER JAMES BUSH . I live at 54, St. Jude's Street, Mildmay Park—on 7th November I had three parcels to deliver for my employers, Arthur Garsten and Co., one in Fetter Lane, one at the Junior Army and Navy Stores, York House, and one in Baker Street—I was taking them by hand—I had delivered the parcel in Fetter Lane, and was waiting at the end of Chancery Lane for an omnibus to take me to York House—it was a little after 5 p. m.—the prisoner came up and said, "Are you Garsten's boy?"—I said, "Yes"—he said, "Have you got a parcel for Pix and Cox, of York House?"—I said, "No—he said, "Oh, the Junior Army and Navy, York House"—I said, "Yes"—the parcels were hanging on my back and front by a strap—he said, "I have just been down to your place, and they told me I should see you at Chancery Lane waiting for a bus, and I was to take the parcel of you"—on that I gave him the parcel and this receipt, which he signed in pencil, "A. Jones, for Pix and Co., "and gave back to me—he then went off with the parcel down Chancery Lane—the parcel was ladies' belts, worth £2 15s. 1d., and was my masters' property—in consequence of what I heard when I got back I made a statement—I next saw the prisoner on 19th November at Clerkenwell Police-court, where I picked him out from about twenty others as the man who had taken the parcel from me—I am sure he is the same man.
ARTHUR GARSTEN . I am a leather goods manufacturer, of Queen Street, City—the last witness was in my employment as messenger—on 7th November he was sent out with these goods; I gave no direction to the prisoner or anyone to go to the corner of Chancery Lane and get goods from him; it could not be done without my knowledge.
SIDNEY TEMLETT (Detective E). On 19th November, about 1 p m., I took the prisoner into custody at Clerkenwell Police-court—I told him I should take him to Bow Street on a charge of stealing these belts on 7th November—he said, "I knew you were waiting to put it on me if I got chucked"—that meant discharged; he had been discharged at Clerkenwell on another charge—he was placed among about twenty others, and Bush picked him out at once as the man who had taken this parcel—I took him to Bow Street, where he was charged—he said nothing.
Cross-examined by the Prisoner. You were standing in a row with the other men when he identified you; you were not talking to two constables or to anyone at the time.
The prisoner, in his defence, said he was charged at Clerkenwell with a similar offence, and that he was not standing with others when the boy came to identify him and that he believed the boy had been told previously to pick him out, and he asserted his innocence.
There was another indictment against the prisoner for a similar offence.— Fifteen Months' Hard Labour.
MR. HUGGINS Prosecuted, and MR. A. GILL Defended Halpin.
JOHN FINDLAY . I am a tailor, of 63, Stanley Buildings, King's Cross—on Sunday, November 17th, I was in Euston Road about 11. 30 p. m. and saw the two prisoners and another man by Seymour Street—one of them asked me for a light; I said I had not got one, and passed on—they followed me, and Lyons I believe it was, tripped me up by putting his foot in front of me; I went down and got a graze on my leg and cut my finger, and one of them took my watch and chain and nine shillings from my pocket—they knelt very heavily on or kicked me on my side, and I was laid up for a fortnight—they kicked me—I could not call out because one of them had his hand on my mouth—they ran down Church Way, and I went to the Station and gave information—I was in bed five days, and am under the doctor still; it was impossible for me to work till last week.
Cross-examined by MR. GILL There is no light there from any shops, but there are three very large lamps—the men were standing, I went past them and they came behind me—I saw Halpin's face as I passed, and the other two as well—I could not see who kicked me, but I saw Lyons trip me up and Halpin kept his hand on my mouth, I swear that—I was not asked before the Magistrate whose hand was on my mouth, but I am certain it was Halpin's; I have seen him before, simply as living in the neighbourhood.
Re-examined. My attention was arrested when they asked for a light, and I had a good look at them—Lyons was wearing a brown coat, cord trousers, a dark hat, and a red handkerchief round his neck.
Cross-examined by Lyons. I saw Collins first as I came from the station, and he came to my place at 9. 15 on Monday night—none of the nine men with you at the station were dressed like you—I was perfectly sober—it was light enough to see a man's face—your trousers were rather tight at the knees, and wide at the bottom—the police are not telling me what to do.
FREDERICK COLLINS (Policeman Y 147). Findlay gave me a description, upon which I arrested the prisoners—I said to Lyons, "I shall take you in custody on suspicion of robbery with violence"—Lyons said, "If there is anything done round here you always pick on me, because I have done time"—on the way to the station Lyons said, "I can prove where I was last night, and what time I went home"—I said, "What time did you go home?"—he said, "B—y well find out"—they were placed with other men at the station, and Findlay identified them—on the same evening as the robbery was committed I saw both prisoners close to the spot—shortly after ten they were standing at the corner of Wellesley Street—Lyons was wearing cord trousers and a dark brown jacket and vest, a red woollen scarf, and a black hat.
Cross-examined by Lyons. It was shortly after ten, or it might have been a quarter-past, that I saw you—I went to the prosecutor's on the same night about half-past eleven—I did not arrest you on Monday afternoon, because I did not see you; I was not in Euston Road that afternoon—I did not walk up Euston Road behind you—when you said you were innocent I said, "Well, if you are I have nothing else to ask you. "
Cross-examined by MR. GILL. I saw Lyons, Halpin, and a man named Moy shortly after ten o'clock—I mentioned that to the Magistrate—my deposition was read over to me, but it did not occur to me that there was nothing of the kind in it—I remember the prisoner saying it, and my denying it.
Re-examined, When I arrested the three prisoners they were together—the prisoners features were well known to me; that is why I noticed them.
Cross-examined by Lyons. I said to you, "I never saw the prosecutor until midday on the Monday. "
The Prisoners' statements before the Magistrate. Lyons says: "I came out at 7. 15 on Sunday night, and went to see my young woman; at 7. 30 I went to Tottenham Court Road with her, and back to Southampton Row and Judd Street, and up Euston Road and Church Way; that was at ten minutes to ten; we went to the George in Drummond Street, and waited a quarter of an hour, and came out at ten minutes to eleven, and walked, down Seymour Street again, and I went home with her, and stayed till 2. 30 a. m." Halpin says: "I came out and went to the Globe, and stayed till 10. 30; I met a man and woman I knew, and wished them good-night and went home, and after I had been indoors a few minutes it struck eleven."
EMILY PHILLIPS . I am single, and am a button upholsterer—I live at 39, Seymour Street, Euston Square—on Sunday night, November 17th, at 7. 30, I went with you for a walk round Holborn and to Camden Town; I was at the Distillery with you at 10. 30; we left there at eleven; we met a young fellow they call Ben Gowley in the middle of Seymour Street, about 11. 5; he spoke to the two of us, and said good-night, and I went home—my mother asked you to supper, and you stayed till 2. 30 next morning—you were dressed in dark trousers, a black tie, a tweed vest, a collar and tie, and a dark coat.
Cross-examined by MR. HUGGINS. There is nothing that fixes that Sunday in my memory—I also walked out with him on the Sunday before, just about the same time—we generally went round the same district—I also went for a walk with Lyons on Sunday, 24th November. (Lyons was then in custody)—I can't fix this Sunday any more than any other—he had not corded trousers on, and if the prisoner says he had, that is not true; he had a dark blue coat, not a brown one; he had not a red comforter, he had a tie—I knew Halpin to speak to, but had not spoken to him for a fortnight—I have never met Lyons in Halpin's company—he lives at 11, Orchard Street.
night you came upstairs at ten minutes past eleven, and stayed till 2. 30 next morning—he is keeping company with Emily Phillips.
Cross-examined. I did not tell Collins, the policeman, that Lyons came to my house that night at seven o'clock, and never left till one o'clock—if he says so it is not true—I never spoke to him about the case—Lyons is in the habit of coming there on Sunday evenings, and he generally remains the evening—his coming there that evening was nothing unusual—it did not make me remark it—Ann Gadsby was also there, and one of my sons.
MARY LYONS . I live at 11, Osley Street, East Square—you went out at 7. 30 on Sunday evening, 17th November, wearing these grey trousers (produced), and the coat you have on now—you had a tweed suit and a collar—you do not generally wear cord trousers on Sunday—you had a buttoned waistcoat.
Cross-examined. He did not do anything different on that Sunday from what he generally does.
JOHN HALPIN . I live at 3, Elizabeth Court, Church Way, Somers Town—I have been twenty-eight years in the building trade—Halpin is my son, and lives with me—I have occupied the whole house twenty years—I fasten the house at night—my son was arrested on Monday, 18th; on Sunday evening, the 17th, he came in at five minutes to eleven, and I had a row with him about coming in so late—the door was locked, and I was in bed, and my mistress had to open it—he has never been charged with dishonesty.
MARY HALPIN . I am the prisoner's mother—on Sunday evening, 17th November, he came home at 10. 55; the door was bolted, and I let him in—his father was angry with him for being so late home and making me get up.
Cross-examined. I have a clock in my bedroom—I was in bed and the lights were out—I struck a light to come down—he has sometimes been late before. Re-examined. I go to bed earlier on Sunday nights. Lyons, in his defence, stated that it was a case of mistaken identity, that he was with Emily Phillips from 7. 30 p. m. till 2. 30 a. m., and denied being in Euston Road at 10. 40, when Collins stated that he saw him, and denied wearing cord trousers on the Sunday in question.
LYONS GUILTY *.—He then PLEADED GUILTY to a previous conviction.— Fifteen Months' Hard Labour and Twenty Strokes with the Cat .
HALPIN GUILTY .— Ten Months' Hard Labour
OLD COURT.—Wednesday, December 18th, 1889.
Before Mr. Justice Bay.
MR. CHARLES MATHEWS, for the Prosecution, offered no evidence on the Inquisition, as the GRAND JURY had thrown out the bill.
NOT GUILTY .
MESSRS. FORREST FULTON and MUIR Prosecuted; MR. HUTTON Defended. WALTER YOUNG (Police-constable E 201) proved a plan of the locality. WILLIAM JOHN HILLS . I am a letter sorter at the General Post Office, and live at 137, Praed Street—in the early morning of Sunday, 1st December, I was in the Strand; I saw two cabs turning down Adam Street, Adelphi, going at an ordinary pace—I walked along to the end of Adam Street when I was attracted by the noise of their galloping—they were then about twenty yards down Adam Street—the deceased's cab was in front on the near-side; the off-side cab was evidently trying to pass the other at the junction of John Street, and they came into collision just at the corner, by the Adelphi Hotel, which is the narrow part—I did not see the result of the collision; I went down and found that the driver of the near-side cab had been thrown over his cab, and was lying between the horse's legs, quite unconscious; I called a cab and took him to Charing Cross Hospital; he was then dead—the other cab had gone on; I saw no more of it.
Cross-examined. From the corner of the Strand to where the collision took place was between fifty and sixty yards—the first thing that attracted my attention was the galloping—the deceased's cab was then five or six yards ahead—I did not notice a man standing on the step of the prisoner's cab—I did not see the deceased slash his horse when the prisoner passed him; I think he used his whip just when the 'prisoner's cab was passing him.
ERNEST GRIGSBY (Police Sergeant E 54). About half-past twelve on Sunday morning, 1st December, I was on duty in the Strand—the last witness came up to me, and made a communication, and I went with him to Charing Cross Hospital—I there saw the deceased Dennis; he was dead—he had a hackney carriage badge, No. 15,069—I then returned to Adam Street, and there saw cab 9,018 standing there very much damaged, as if there had been a collision—a man named Clifford handed to me these three splinters of wood, apparently forming parts of the spokes of a wheel—they did not form any part of cab 9,018—I then went to Bow Street, and directed telegrams to be sent to the different police-stations—about half-past nine on the Sunday morning I received a telegram, and went to Mr. Fayler's, a cab proprietor, at 8, Lock Square, Walworth—he showed me a cab, No. 5,740—I examined the wheels, and found them damaged—I fitted these pieces of wood to them—afterwards, in consequence of what Mr. Fayler said to me, I saw the prisoner—I said to him, "Is your name Charles Thomas Seaborn?"—he said, "Yes"—I said, "I am a police officer, and am going to take you into custody for having caused the death of a man named Dennis in Adam Street last night"—he said, "I know I had a collision, but I did not know the man was hurt"—I took him to Bow Street, where he was charged—the only thing he said was, u Can I have bail?"
HENRY CLIFFORD . I am a blacksmith, of 13, York Place, Adelphi—I was in Adam Street about half-past twelve in the early morning of December 1st, and picked up these pieces of wood, two where I believe the accident occurred, and the other about 120 or 130 yards away—I did not see the accident—I gave the pieces to the police sergeant.
HENRY TURNER . I am proprietor of the Hansom's cab 9,018—the deceased, Frank Faulkner Dennis, drove that cab for me;: he took it out on 30th November—his badge was 15,069—he was then in his usual health.
ELLIS FAYLER . I am a cab proprietor, of 8, Lock Square, Walworth—the prisoner was in my employment as a cabdriver; he drove a Hansom's cab 5,740—he took out that cab on Saturday, 30th November; he brought it home on Sunday morning somewhere about four—my attention was afterwards called to it, and I saw the wheel was damaged a little—Sergeant Grigsby produced these pieces of wood on the Sunday, and they fitted the cab 5,740.
Cross-examined. The prisoner has been in my employ about six months—he was a careful driver.
HARRY WARD CLARKE . I am one of the house-surgeons at Charing Cross Hospital—between twelve and one on Sunday morning, 1st December, the deceased was brought there, he was quite dead—I made a post mortem—death was due to asphyxia, and to the injuries to the head; the skull was extensively fractured, and there was some injury to the brain—there was some food in the windpipe—the injuries were such as would be caused by being thrown from a cab on to the pavement.
Witness for the Defence.
ALFRED FLETCHER . I am a cab driver, of 123, Vauxhall Street—on Saturday, 30th November, a little after twelve, I saw the prisoner driving his cab at the corner of Duncannon Street, opposite Charing Cross—he said, "Hallo, Alf where is your cab?" I said "On Adelphi Terrace; I am going to have supper"—he said, "Jump up here, I am going to have some supper, I am off to the rank and will come back with you"—I jumped up on the spring, and he drove to Adam Street, he was going along very slowly; in Adam Street I saw Dennis on his cab about twenty yards in front going very slowly; the prisoner caught up to him, and on wanting to pass, Dennis drawed his whip and slashed his horse, and just as they got to the corner of Adelphi Hotel and John Street they came into collision, and Dennis's horse fell and he was thrown over his cab—I jumped off the spring—the prisoner drove on, and I did not see him again—I ran down the Adelphi to fetch Churchill—I knew both the prisoner and the deceased very well—our cab was going about six or seven miles an hour, not faster.
Cross-examined. I saw the whole thing—I saw Dennis thrown off his cab—I did not see that he was injured—I could not say whether he fell on his head—I did not stop to see—I went for Churchill to help up the horse, and when I got back Dennis was gone to the hospital—I did not give any information as to the name of the man who had driven off—I heard of his being in custody on the Monday morning—I did not go to the station to offer my evidence—I was called at Bow Street for the prisoner—the street is very narrow at the corner of John Street, about thirteen feet wide; great care is requisite in going down there, it is a sort of bend; two cabs could pass comfortably; the prisoner did not whip up his horse to pass Dennis, I did not see him with a whip in his hand; he had a quick horse—they were both going to the rank; it is an advantage to get there first, that was the object—the horses were not galloping—they were both at the corner at the same time—it would have been better for them to have gone one behind the other; it was not in the narrow part that the prisoner tried to go by, it was in the wide
part of the street, there was room there for three cabs—Dennis whipped his horse just as we tried to pass.
WILLIAM JOHN HILLS (Re-examined). When. I first saw the cabs they were about twenty yards from me, then they went further on; I watched them up to the time of the collision—that part of the street is reasonably well lighted, but it was dark; it was midnight; I could see the cabs and the men driving—if there had been a man on the spring of the prisoner's cab I think I should have seen him; I did not see him; I did not see anyone run from the cab after the accident.
ERNEST GRIGSBY (Re-examined). I saw the deceased's cab about twenty minutes after the accident—the off-wheel was slightly cut, there was a complete circle about six inches, and it was broken in three places—the cab was about six feet wide from box to box.
NOT GUILTY .
MESSRS. CHARLES MATHEWS and MUIR Prosecuted.
GUILTY — Fifteen Years' Penal Servitude. —
NEW COURT.—Wednesday, December 18th, 1889.
Before Mr. Recorder.
MR. CHARLES MATHEWS and MR. A. GILL Prosecuted; MR. GEOGHEGAN appeared for Defries, and MR. PURCELL for Lazarus.
GEORGE JOHN POPE . I am a retired bookbinder, of 305, Mare Street, Hackney—on November 2nd I travelled by train from Broad Street to Hackney, between 8 and 9 p. m.; I last saw my watch in Gresham Street before I got into the train; I had no one in the carriage with me, and as I got out I missed it, and found my chain dangling—this is it, I have had it about twenty-five years, that and the chain cost me a few shillings short of £20—Mr. Carter, of Mare Street, cleaned it about twelve months ago—since I lost it the outside has been engine-turned and the number, 7,762, has been altered to 17,782—I have no doubt it is mine.
WILLIAM GOODLAD . I am in the employ of Mr. Carter, a watchmaker, of Mare Street, Hackney—I had Mr. Pope's watch to repair last year, and took down the number (7,762) in this book, and put a private number of my own—I repaired it myself, and recognise the watch, but I should have to take it to pieces to recognise my work—the 7,762 has been altered into 17,782, and the case has been freshly engine-turned—the alterations are quite recent.
Cross-examined by MR. PURCELL. I recognise it by the general style, and especially by the balance, which is very uncommon, and there are evidences of the old number.
of 35 and 37, Mile End Road—on 7th November I took this gold watch in pledge from the prisoner Defries; this is the duplicate. (For a gold watch, No. 17,782, of Henry Defries, 76, Sidney Street, for £3 10s.)—he was alone, but he went outside the shop as if to see someone.
Cross-examined by MR. GEOGHEGAN. He asked for £4 on it, and I said I could only lend £3 10s.—he went outside and consulted someone, and came back and accepted it—I thought he was a dealer; he did not go into a small box, but came into the sale shop.
Cross-examined by MR. PURCELL. Dealers often redeem pledges, they do not sometimes exchange them—there are sales where pawnbrokers sell jewellery by auction, which are bought by dealers.
Re-examined. I do not know of their exchanging pledges, but they often sell the tickets, and somebody else comes to take them out—I believe I had seen Defries before, but cannot recollect where.
ALFRED LEACH (Police Inspector G). On 7th November, about 11. 30 a. m., I went with Sergeant Maroney and Wright to Murray Street, Hoxton, and saw the two prisoners; we followed them to Edward Street, where I went up and said, "Good-morning, Mr. Lazarus; we are going to search you"—he said, "All right, don't show me up; I will go to the station"—Wright took Defries; we went to Old Street Station—I searched Lazarus, and found two gold watches, a gold chain, one metal watch, a watch-bow, a chain-bar, a jump-ring, gold, I believe, four special contract notes, one relating to a watch pledged with Mr. Barrett, on 29th October, for £10, two pawn-tickets, and these two catalogues of sales of jewellery—I asked Lazarus to account for the watches—he said he bought one at Hasson's, one at Hughes', and the third at a sale-room, and the chain at Walters', in the City Road; I find that is correct—Defries was then searched in my presence, and on him found three gold watches, one silver watch, a pawn-ticket for a pledge at Mr. Avilar's, the same morning, £3 10s. in gold, 4s. 6d. in silver, and 1d.—I said, "How do you account for the possession of these watches?"—he said, in Lazarus's presence, "Mr. Lazarus gave me them to mind for him"—I said to Lazarus, "You hear what he has said?"—Lazarus said, "Yes, I hear, but I don't say so; I say nothing"—I went with the other officers to both houses, and at Lyons' house, 13, Leslie Street, we found two contract notes relating to watches pledged by Mr. Lazarus, of 2, Leslie Street, Mile End—his real address is 13—the next shows a pledge by Lazarus, of 37, Mile End Road, which is Mr. Avilar, the pawnbroker's address—I also found four pawn-tickets, one for a bracelet by Annie Escott, of 26, Jubilee Street; a silver lever watch, pawned by Mr. Smith, 10, St. John Street Road; a silver lever watch by the same person, and a silver watch, 78,888, purporting to have been pledged by Lazarus, of 2, Leslie Street—the first contract note found on Lazarus relates to a gold keyless hunter, 1,183, pledged by Philip Lazarus, of Duke Street, Mile End, on March 5th; the second to a bracelet pledged by Philip Lazarus, 34, Duke Street, Mile End, on 5th October; the third as stated before, and the fourth is a three months' agreement to deliver to the bearer, Phineas Lazarus, a gold keyless watch, 17,412, on payment of the money for which it was held as security—I have consulted Mr. Booth, an expert, and placed these articles before him—on more than one watch I find the name of "G. E. Andrews, 19, Duke Street, Grosvenor Square"—I have been there; no such person is in business
there now, but Mrs. Andrews is here—I find the name of "Chambers and Son, 19, Poult Street, Goswell Road, "on one watch—I have been there; he is not in business now—I caused inquiries to be made of Mr. Wagstaff, a watchmaker in Islington, and at Dent's, in the Strand.
Cross-examined by MR. GEOGHEGAN. Of all the contract notes and duplicates I have mentioned, the only things relating to Defries are three gold watches, one silver watch, and a watch pledged at Atherley's—he at once said that Lazarus gave them to him to mind, and Lazarus did not contradict him—he gave his correct name and address—I searched the room where he lives in abject poverty—lie has only one room, and has a wife and three very young children—I found no duplicates or gold—it is through the kindness of a relative that he is defended to-day—he has never been in trouble before—when I took him in custody I did not know that the watch pawned by him was stolen, and therefore I asked no questions—he has never claimed the £3 10s. from me—I saw the two prisoners together four or five minutes before I tapped Lazarus on his shoulder—the bow of the watch found on him was broken.
Cross-examined by MR. PURCELL. I have not been to Mr. Hassan, but he is here—he said that he bought the gold watch at Mr. Hughes' public-house, Bethnal Green Road—one watch he said he bought in the City Road; that was an ordinary gold watch—I found the bar and the chain in his pocket—the contract note relating to the bracelet is dated November 5th, and the contract notes 20th June and 2nd November, 1889—the only other ticket found at his house was for opera-glasses; there were fifty or sixty jewel-cases there—he said, "I can account for everything. "
GEORGE WRIGHT (Detective Officer). On 7th November I was with Leach, in Murray Street, Hoxton, and saw the two prisoners walking along very sharp—we followed them for five minutes into Edward Street, and just as they were crossing Shepherdess Walk I saw Lazarus's right hand go to Defries' left—Defries put his left hand into his left trousers pocket, and kept it there, and went in front of Lazarus—I stopped Defries—he was then five or six yards in front of Lazarus, probably more—I said, "Here, come back"—he made no answer, and I took him back to Lazarus and Leach, who came on to the station—on the way there he took his left hand from his pocket, having kept it there till then, and I put mine in and pulled out these four watches and a pawn-ticket—I said, "How do you account for these?"—he said, "He has given them to me to carry, "pointing to Lazarus—we went to the station, where I said, "This man says you gave him these watches to carry"—Defries made no answer—Leach afterwards asked him, and he said, "He says so; I say nothing"—Maroney was in Murray Street, some distance from us.
Cross-examined by MR. GEOGHEGAN. We were walking behind them—I did not see any police officer who they were walking towards—I cannot tell whether Defries hurried, or whether Lazarus dropped back.
STEPHEN MARONEY (Police Sergeant G). On the morning of November 7th I was in Murray Street by myself, and saw the two prisoners—I knew Lyons before, and he knew me—I passed them—Lyons saw me, and they walked much faster—I followed at some distance behind the other officers, and saw the arrest.
Cross-examined by MR. GEOGHEGAN. I have made inquiries about
Defries—he bears a good character, and is a hardworking man though poor.
WILLIAM ALFRED THOMAS . I live at Streatham—on November 5th I was at the Crystal Palace and lost my watch—this is it; it is worth about £15—I have had it for years—it is in the same condition, minus the glass.
JAMES BOURNE . I live at Cazenove Road, Stoke Newington—about 22nd October I lost my watch—I last saw it safe at the counting-house at the wharf about six o'clock—this is it; I have had it about eight years—it is worth about £20—the maker is Webber, of Goswell Road, but I did not notice whether his name was on it—I had it cleaned by Bowman, of Goswell Road, about a year ago—it has undergone a great deal of alteration; the case does not seem to be so thick, and the monogram, J. B., has been obliterated—I do not know the number.
THOMAS BRIDGMAN . I am a watch maker, of 42, Spencer Street, Clerkenwell—I have been about thirty years in the trade, and was formerly foreman to Mr. Webber, of Goswell Road, who recently died—this is one of Mr. Webber's watches—I made it about six years ago, and recognise my work—if it has been in use six years the engine-turning would be very much more worn than this is; this engine-turning appears new—the name has been altered to "Chambers and Son"; we made no watches for that firm.
ERNEST THOMAS SORRELL . I am assistant to Mr. Bowman, a watchmaker, of 70, Goswell Road—in October, 1888, Mr. Bourne left a watch with me to be cleaned, and I made this entry in this book: "Gold keyless lever, Bourne, 6,072, "and my private number, 2,382—neither of those numbers appear on the plates, but this is the watch—I do not speak to the works.
Cross-examined by MR. PURCELL. I cannot say that this is the watch I repaired for Mr. Bourne, but it is one of the same description—I have seen Lazarus at Mr. Bowman's place for two or three years—I do not know whether he is a dealer or whether he has pledged or exchanged things, or sold goods.
ARTHUR THOMAS BOONE . I am a watchmaker, of 40, Great Sutton Street, Clerkenwell—I have been employed as an expert in this case, to examine a number of watches, and among them one claimed by Mr. Bourne, a gentleman's keyless lever, compensation balance, hall-marked "H, "which indicates that it was made before 1883—I find the original number 6,072 stamped inside the works in three places, and that ought to be on the outer plate as well, instead of which it is 18,075, which has been recently engraved, as it is bright and clean—the name of "Chambers" appears as the maker; that has been done within the last few days—I knew the firm of Chambers—they are not in business now; they were sold up some ten years ago; they went bankrupt, or something of the sort—this watch, claimed by Mr. Pope, bears the name of Andrews, 25, Duke Street, Grosvenor Square, which is freshly engraved—the number on the case is 17,782; that is also freshly done—the number on the works is 7,762—I have been round with Maroney and Inspector Whiting to different pawnbrokers, and among them to Mr. Bulworthy, of 67, Gray's Inn Road—this contract-note was presented to Mr. Bulworthy in my presence, on which were the words, "Gold keyless hunter, no glass, 11,383"—upon that I was shown a gold hunter bearing that number—I
examined it; it appeared as if some of the numbers had been hammered up, and fresh numbers put in—the name of "Andrews, 25, Duke Street, Golden Square," was on it, and the plate was fresh engraved and fresh gilt—I afterwards went to Mr. Ashbridge, pawnbroker, 49 and 51, Mile End Road, and produced pawn-ticket No. 5, showing a pawning on October 30th by Mr. Rogers, of 10, Leslie Street, of a gold lever watch, No. 6,072; maker's name, Andrews, 19, Duke Street—I was shown a watch answering that description;" 6,072" appeared in the centre of the movement; the engraving was fresh and re-gilt, and the case had been re-turned—I went to Smith and Dimonds, pawnbrokers, of 80, New gate Street, and produced a pawn-ticket, dated October 26th, for a gold watch, pawned in the name of John Phillips, 39, Duke Street—I received a watch answering the description; it had been re-gilt, and the number slightly altered;" 12,742" had been recently engraved; I could not trace the other number—the maker's name was Wagstaff—I next went to Thomas Robert Walters, a pawnbroker, of 51, City Road, and produced a contract note marked 8, relating to a gold watch, 47,844, and received a watch answering the description, but the original number appeared to have been 7,814, and it was fresh gilt—Andrews, of Duke Street, is a very old firm, but they are not carrying on business now—Wagstaff is a very good firm, but I should not think this watch is one of his.
Cross-examined by MR. PURCELL. I examined seven or eight watches—in every trade-shop the same number goes all through, but not always in small shops—in a watch of this kind I should expect the same number to go all through, and you would have to pull it to pieces to alter it—I do not think this has been altered a month, but if not exposed to the atmosphere or fingered it would keep much longer—I gave my evidence a fortnight ago.
Re-examined, These alterations must have been done very recently—one looked as if it had just come from the gilder.
ELIZABETH ANDREWS . I live at 33, raddington Street West—my father was a watchmaker at 19 and 25, Duke Street, Grosvenor Square; he died in April, 1888, and carried on business till within a few weeks of his death—the business is not carried on there now.
WILLIAM WAGSTAFF . I am a watch manufacturer, of Hall Street, Islington—my watches run up to four figures, not to five, with the exception of some first-class watches, where there is a "1" over the top—a watch of mine could not bear the number 12,742—a watch with five figures would not be mine.
DEFRIES received a good character. Recommended to mercy by the JURY. Discharged on Recognisances. LAZARUS received a good character, but Sergeant Maroney stated that he was a receiver of stolen property, and had been the companion of Harris and Judd, both of whom are now in penal servitude.— Five Years' Penal Servitude.
THIRD COURT.—Wednesday, December 18th, 1889.
Before Mr. Common Serjeant.
91. THOMAS JOHN CHILTON (38) and JAMES THACKERAY (32) , Stealing four sheets of plate glass, the goods of Edward Maynard William Goslett. Second Count, receiving the same. Other Counts, charging them, together with GEORGE LOVEDAY (43), with stealing and receiving within six months other plate glass, the goods of the same person, to which Chilton
PLEADED GUILTY .
MR. BODKIN Prosecuted; MESSRS. WILLES and KERSHAW Defended
CHARLES LORING . I am manager in the plate glass department at Mr. Goslett's, 26, Soho Square, and George Yard, Charing Cross Road—glass is stored at both places—there is a yard where vans are loaded at the warehouse doors—there is also a counting-house—in Cockpit Yard are the looking-glass manufactory and the silvering and bevelling departments—the Cockpit Yard business is entirely distinct from George Yard and Soho Square, except in respect of the stables—glass is consigned to Mr. Goslett from various manufacturers all over the Continent and England, and comes in stock sizes—in most cases the manufacturer's label is on each sheet—in that condition it is stored in our warehouse—when an order is received, the cutter and his assistants take glass from the warehouse and cut it to the exact size required by the customer—Hilton was one of the cutters, and he and his assistants had access to the ware-house for that purpose—after glass is cut it is marked with soap, and put in a rack till the number of sheets required are cut, and then they are ready for delivery—a delivery and an order book are kept—the goods in the delivery book are those sold to private customers, to be delivered to them—the book is printed and bound in triplicate—the delivery clerk enters goods going out into the book, and by entering them he has three copies; one remains in the book, two are torn out and handed to the man, who hands it to the carman who delivers the goods; when the carman has delivered the goods, he hands the two copies to the customer, who keeps one for his own purpose; he signs the other and hands it back to the carman as a receipt for the goods, and the carman brings it back to Soho Square, and gives it to the delivery clerk—if a carman found glass on his van for which he had no delivery order, his business would be to bring it back to the warehouse and report at once to a delivery clerk that he had goods on his van in excess of what was on his delivery note—we send goods to various trade firms to have work done to them—those goods are entered in the order book, which is in duplicate—the delivery clerk gives the copies to the carman, and when the carman delivers the goods the counterfoil is retained by the firm to whom it is sent—practically it is their order for the execution of work—in most cases he returns the duplicate when the work is finished—each of the books is numbered consecutively—Loveday was a carman in Mr. Goslett's employment—it was his duty to take goods to private and trade customers, and he would have the duplicates given him for that purpose—Chilton is a warehouseman or porter; he superintends the loading of the vans with plate glass; he would tell the carman the glass they had to put on the vans—in most cases plate glass going out of Soho Square would pass through his hands; not in all cases—in most cases goods delivered by Loveday and Stanton would pass through his hands—Chilton would know the particular route taken by each carman—Chilton would assist in loading the vans in special cases—Chilton and other warehousemen would take the glass from the heap to be loaded—Thackeray is a cabinet-maker, a maker of cheap wood work; he
has worked for Mr. Goslett, making backs for looking-glasses and frames—those goods would be delivered at Cockpit Yard—he would only have to go to Soho Square to be paid and to get orders—as far as I can say he has never been employed to do anything else—he has not held himself out to do other business that I am aware of—no plate glass has ever been honestly delivered to Thackeray from Soho Square—I have looked through the books of the firm at Soho Square for the last nine months—I found no entry of any glass having been delivered to him during that time—I have no record of any order being given by him for plate or sheet glass—all the order and delivery books are kept at Soho Square—sheets of glass, 34 by 21 ft., are worth about 1s. 6d. a foot, trade price—glass in stock sizes, should not go out of the premises with a label on it, except when we sell it in bulk—there is a label on the corner of this; the size which was on the original has now been rubbed off—at the Police-court the labels were on all four of these sheets of glass—they are stock sizes—no glass should properly go out of our place in this state—when Hilton and another cutter cut it they should cut the glass, clean it, remove the label, and mark the size on it in soap—if either of the men saw a label on the glass after it had passed the cutter, they should take it back and remove it, or if it passed the ware-housemen the carman might have something to say about it—no one who knew anything of it would call this salvage glass—when glass is trimmed down to the exact size only very narrow strips would be cut off—if a large sheet were to break we should make the largest rectangles we could out of the pieces—that which was left would vary in size, out in the majority of cases we should cut off only very narrow strips.
Cross-examined by MR. WILLES. I have known Thackeray through seeing him come to Soho Square—he has worked for Mr. Goslett ten or twelve years—he is a master-man, a tradesman carrying on business in Brick Lane, I believe—he was not in Mr. Goslett's employment, but, as an independent tradesman contracting for it, he has made overmantels for them—I have not been to his place in Brick Lane, and I do not know it—I know nothing of him, except in connection with his work at Mr. Goslett's—there were labels on all four of these pieces of glass at the Police-court, but they have been damp, and have come off; I can see the remains of them now—it was a plain label with the size on it—there was nothing to indicate that the glass belonged to Mr. Goslett—the four pieces vary an inch or two in size—the term "stock sizes" is known throughout the glass trade; it applies to glass in the rough, as these are—if a customer wanted a sheet of glass we should take the nearest piece to the size, and cut it to the dimensions he wanted—there is no polishing, only cutting—if one of these plates was broken in the warehouse we should get out of it the best pieces we could, and they would be known as salvage to us; the other thing known as salvage to us is pieces of a broken window, but that is in very different condition, because it is not new glass, and the surface has been disfigured; it is this broken window-glass which is generally known as salvage; it would not become new marketable goods—we don't care for the salvage—I have never known salvage in the possession of a man like Chilton; he would have no business with it—I cannot say if he might speculate with it on his own account—ranges or slips are narrow pieces of glass up to twelve inches in width. Re-examined. These plates have not been used—if we had a plate
broken it would be squared down to the largest size possible on the premises, and would then be put into the stock of that particular size—I never knew ranges of this size—we have a cash-book for cash transactions; the cutter makes a ticket out for the size of a glass required; the customer would take the ticket to the cashier, who would enter it, and receive the money and give a receipt—no goods should be delivered by any carman which have not passed through one or other of the two books.
ROBERT HENRY NEWSOME . I am order and entering clerk to Messrs. Goslett—on Saturday, 12th October, I acted as delivery clerk and made entries in the order and delivery books, and distributed the duplicates to the various carmen—the counterfoils in the delivery-book on that day are from 115,052 to 115,083; there is no such name as Thackeray among them—I gave Loveday instructions to deliver glass on that day in the neighbourhood of Holborn, Hatton Garden, Bethnal Green, and Gray's Inn Road—I don't know where Brick Lane is—I have kept this book on other occasions—I have never sent glass out by anybody to Thackeray's premises in Brick Lane—I do not know his name as that of a man to whom glass is sent from Soho Square—if glass were sent in a van, and there were no delivery orders for it, the carman should come back to me—Mr. Spark is the regular delivery clerk—the only counterfoil in the order book on 12th October is No. 486—that is not to Thackeray, but to Sage, the polisher and beveller.
WILLIAM GENDEN SPAKE . I am delivery clerk to Mr. Goslett, and have control, generally speaking, of the order and delivery books—on 9th October the only counterfoil in the delivery book is No. 115,751, to Messrs. Willett, of Belsize, Haverstock Hill—that was the only one given out to customers on that day, so that the carman would have no duty in Brick Lane, Bethnal Green—in the order book for 9th October the counterfoils are 469 to 475—there is no entry in those of any goods sent to Thackeray, of Brick Lane—I have no knowledge of any goods being sent out through one or other of those books at any time to him—Loveday came back late on 9th October, and I said to him, "Where have you been all day?"—he said, "Willett's people are very particular to examine and check every square of glass before they sign for it, and that takes some time."
Cross-examined by Loveday. You started at eleven or a little after, I think, on the 9th, and returned between four and five—you had about 25 cwt. of glass, I should think, to deliver at Willett's, eighty-five squares.
Re-examined. Six hours was a long time to take to deliver this glass; it depends how fast he goes.
By MR. WILLES. I should hand the tickets to Chilton to pack the vans from—from those tickets he would know what to put on the van—Loveday is a carman; he would not help to load, he would be outside with his van—Hilton is a cutter, Chilton is the foreman—Loveday would be in the van, and would help the sheets of glass on.
ALBERT STANTON . I live at 3, Sidworth Street, Hackney Road—I have been carman to Messrs. Goslett, at Soho Square—I am not now—Loveday was my fellow carman—Chilton was warehouseman—I was employed to deliver goods to various customers in London—I have known Thackeray two or three years by his coming backwards and
forwards to the firm; I have seen his address, Brick Lane, on his van—about eighteen months ago Loveday said something to me about a board, in consequence of which he and I went to Thackeray's in Brick Lane, and had some talk with him about a rough board for the back of a looking-glass, I think—Loveday got the board for him; I was with Loveday—we then got into conservation, and Thackeray said, "How do you men get on for salvage glass? if at any time you have anything of the kind, I can do with it"—I understood what was meant by salvage glass—some little time after, Chilton said something to me—after he said that I found in the van glass for which there was no delivery order, and I took it to Thackeray's, carried it in, and left it in the shop—Thackeray had told me previously that when I came with glass I could put it down in the front—the glass I so delivered was sheets of plate glass of a similar character to this—I got money from Thackeray for it, I shared it between Hilton, Chilton, and myself—the goods I delivered at Thackeray's premises were those Chilton had put on my van before I started on my journey—I have been five or six times to Thackeray's premises with goods in that way, and I have on two or three occasions received money from him, which I have shared as I have mentioned—I last delivered glass there about six months ago—I could not say that I delivered more than two or three sheets on each occasion—two or three months ago I saw Thackeray in George Yard, where the warehouse is, and he told me to tell the men to be careful, he had received a letter—the glass I delivered to him had no tickets on; some of it came from the warehouse.
Cross-examined by MR. WILLES. I was in Mr. Goslett's employment when I was examined at the Police-court—I was discharged three weeks ago last Friday—it so worried me that I was obliged to go to Mr. Goslett—he spoke to me—I asked him not to prosecute me—he would make no promise—he said possibly I should not be prosecuted, but that I should be called as a witness—he handed me over to his solicitor, to whom I made a statement, after which he read part of Chilton's and Loveday's confessions to me—the first conversation I had with Thackeray was when he asked how we got on with salvage glass—when I went to his shop I may have said, "Here is your glass"—I cannot say what he was doing when I saw him in George Yard—he then told me to tell the men to be careful, and left me—that was some three months ago—I met him in the Yard by accident—we were always about the Yard, and he came there quite promiscuously—I told the solicitor about it when I went to him months afterwards.
Cross-examined by Loveday. I never divided any money with you.
Re-examined. I made this statement to the solicitor, which was taken down in writing, and I signed it—that was before I gave evidence at the. Police-court—I asked Mr. Goslett not to prosecute me on two or three occasions before I gave evidence at the Police-court, and at that time—I had been just over thirteen years in Mr. Goslett's employment—I have a wife and five children.
JOSEPH WEST . I live at 35, Charlotte Buildings, Bethnal Green, and am in the employment of Mr. Coles, 312, Brick Lane, glass-case fitter and furniture manufacturer—next door to us is No. 314, Thackeray's premises—my master's premises go down at the back to Virginia Street, running side by side with Thackeray's—at the back of his premises is a
carriage gateway, with a yard inside, which you get into from Virginia Street or from the shop—Thackeray has carried on business there for some time past, and lived there with his wife, a short, stout person—so nothing came to my knowledge, and I watched Thackeray's premises—I saw some men, whom I afterwards saw at Soho Square, and of whom Loveday is one, come up to the premises with vans—I used to see Loveday drive up with a van there to the front and get off his van, and knock at the door; if the door was not opened he would take down the tailboard, and while the door was being opened he would take the glass out and take it inside—I never saw to whom he actually delivered the glass—after delivering the glass sometimes he would go away; but if he had straw in his van he would drive round to Virginia Street, and to the stable inside the yard there, take the straw out, and throw it in the yard, turn his horse round, and drive away—as far as I could see it was plate glass he delivered, just the same sort as this, of different sizes—the last I saw was larger than this—on Wednesday, 9th October, I saw him drive up about two o'clock to the front door—he knocked at the door, and took four or five plates of glass in, and left them inside the shop—then he went round to the back, and took the straw out, and drove away—on 12th October I was away the whole day from Brick Lane from eleven to seven; when I came back I heard something of what had taken place next door—Loveday had been to Thackeray's several times over a period of six months before I gave evidence—I have seen him in the neighbourhood alone without a van between 8. 30 and 8. 45 p. m.—the police afterwards spoke to me—I went to Soho Square, where I recognised Henry Wing as a carman who had come to Thackeray's premises at Brick Lane in a cart—I recognised no one else there; I did not see Loveday there—I made my statement before I went to Soho Square; it was taken down—I have been in Mr. Cole's employment twelve months—I was convicted some time ago; but I have been with him since that for twelve months right off—I am a glass-fitter and cutter.
Cross-examined by MR. WILLES. I was convicted at Middlesex Sessions in 1888, of housebreaking in a warehouse—I was innocent—I got seven months—Mr. Cole is a looking-glass manufacturer—Thackeray makes looking-glasses and overmantels—we are on the same side of the street as Thackeray, next door to him—while I was watching I was shifting furniture about in the shop—I don't know how many sheets went in; I said four or five—I noticed the size—I took no note of the dates or quantities—I did not say anything to my master or anybody about it—I had not heard before this of Goslett's firm, I did not know there were such people—I went in once to see Thackeray 'when he was building a cart—I have seen a lot of glass delivered there from time to time; he uses large quantities in his business—Detective Tallon first asked me about giving evidence—he asked me if I had seen Goslett's van there, and mentioned the delivery of glass—I said I had seen a van delivering glass—I never saw Stanton there—I could not say how large Goslett's name was on the van—on the van that Loveday drove the name was in gilt letters—the detectives had no conversation with me on the way to Soho Square—they did not point Wing or Loveday out to me—I saw Loveday in the dock at Marlborough Street Police-court—I knew the man I should see in the dock would be the carman—I said, "That
is the man"—I went to the Police-court four times—I know Tom who works for Thackeray—he asked me on Sunday night, after I had been once or twice to the Police-court, how he would get on; I said, "I don't know"—I did not say to Tom, "I am going to get Thackeray six months"; nothing of the sort.
Re-examined. When I saw Wing at Soho Square he was at work in the yard, and I recognised him; and he was pointed out to me at the Police-court afterwards.
ROBERT EBBAGE (Detective Officer C). I received instructions, and, with Kendall, I watched 314, Brick Lane at midday on Saturday, 12th October—Thackeray's name was over the premises—the business was principally that of a cabinet maker—a little before 2 Loveday drove up a horse and van, with the name of Goslett and Co.,' Soho Square, on the van in gilt letters—he got out of the van, and knocked at the door, which was opened; I could not say who by—Loveday took two plates of glass out of the van, and took them into the shop, and stood them down in the front shop; Mr. Thackeray was there—I was in plain clothes; I went in behind him, and said, "Where did you get that glass from?"—he said, "From the shop in Soho Square"—I said, "Who sent you with it?"—he said, "No one"—I said, "How do you account for the glass?"—he made no reply—I took him in custody—these two sheets were taken into the shop and these two left in the van—I took the van to Marlborough Mews Police-station and took the glass out there—it has been carried to and from the court—that will account for two of the labels having disappeared—Loveday made no answer to the charge at the police-station of stealing the four sheets of glass—I went back to Brick Lane with Kendall and Sergeant Caunter—we saw Mr. and Mrs. Thackeray in the shop—Caunter spoke; I heard the conversation, but took no part in it—we did not take Thackeray on that day—the next Monday Loveday was charged before Mr. Newton, and remanded till the 21st, when the case came before Mr. Cooke—there was another remand, and after that Loveday made a statement which Tallon took down in writing—I did not see Thackeray when Loveday was carrying the glass in.
Cross-examined by MR. WILLES. He was away from home on the 12th, I did not see him about the premises at all—I did not see much there that looked like a flourishing business; there were four or five men in the workshop working under him—when we went back in the afternoon he came towards us and said, "What about this glass?" and one of us said, "That is what we want' to know"—he did hot tell his wife to finish paying the men—we did not say we should take her for receiving—I did not notice her begin to cry—she was taken in custody then—she afterwards went to the police-station of her own accord—she was not" detained there—she said she would tell the prosecutor what she knew about it, and she stopped there till the prosecutor came; she was not in custody—I don't know that Mr. Goslett called Thackeray into the passage of the police-station and asked what it was all about—I did not hear Mr. Goslett tell Thackeray he would give him till 9. 30 on Monday morning to confess everything, or hear Thackeray say he knew nothing about it; I heard no conversation between them at all—Loveday was brought before a Magistrate, and there were two remands before Thackeray was taken—"he attended voluntarily on each occasion.
Cross-examined by Loveday. There are pieces of tickets on the two squares you were about to deliver to Thackeray.
EDWARD TALLON (Detective Sergeant C). I received instructions and arrested Chilton on 23rd October at Soho Square—I told him what he would be charged with, and took him to the station—after he was charged he made this statement, which was taken down in my presence—on 30th October I took down in writing this voluntary statement from Loveday—it was read to him, and he signed it as correct. The statement was here read, as follows:—"I, George Loveday, do hereby solemnly declare that on "Wednesday, 9th October, 1889, four polished plates of glass, 24 by 26 in., were put on my van, about 10 a. m., by Thomas Chilton, foreman packer to A. Goslett and Co. In my presence he said, 'For Thackeray'. No other person assisted him. After I went to Willett, I went on to Thackeray, 314, Brick Lane, and delivered them to Thackeray himself. I have received nothing for the glass as yet. On Saturday, the 12th October, I loaded at the warehouse. Chilton put two sheets of plate glass on my van in my presence. He said, 'For Thackeray.' Chilton then finished loading the van, with the exception of three large plates. I was ready to receive them on the blind, when Chilton came out with two other sheets of plate glass, at the same time saying, 'George, two more for Sage's.' He placed them in the body of the van. He then put on the three large plates, assisted by Kidgett, acting under Chilton's instructions. After the loading was completed, I got off my van to fasten up my tail-board. Chilton gave me my delivery notes at the same time, telling me to tell Tom Hilton that there were three only instead of four plates for Thackeray, should Hilton ask me the question. I went to 314, Brick Lane, after I left Smith at Grover's, Green Street, Bethnal Green. The door was open; I went into the shop. Mrs. Thackeray was there. I asked her if the master was at home. She said, No.' I said, 'I have these plates to leave.' She replied, 'Put them down there.' I did so. I was then arrested. If I had not been arrested I should have called in the evening for the money for them and for the glass delivered on Wednesday. I was to receive 7s. per foot super. Chilton and Hilton were to receive equal shares with myself.' I commenced to take glass to Thackeray by Chilton's instructions for six months at least. I have always delivered the glass to Mr. Thackeray, and have always been paid by him. I have delivered glass to Thackeray at least eight times during the past six months. I have never taken the glass from the warehouse, but it has always been put on my van by Chilton. To my knowledge I have never known Hilton to put stolen glass on my van. I have paid Hilton and Chilton personally their share of the money received by me from Thackeray. I have received from 5s. to as much as 24s. from Thackeray at a time for the glass. I have never had to deliver any glass to Thackeray from Messrs. Goslett's in the ordinary course of business. Stanton, the carman, was the first person to tell me of Thackeray. He introduced me to Thackeray on one occasion the beginning of this year. I wanted a back-board, and Stanton took me to Thackeray's. After we left, Stanton said if I ever had anything to dispose of Thackeray would buy it off me. Some time after this, about March last, Chilton put some glass on my van. He said,' You know Thackeray; take this glass down there.' I always trusted to Thackeray to pay me what was the measurement of the glass. Hilton has accom
panied me to receive money from Thackeray. I would go to the shop, while Hilton would wait for me in the neighbourhood. Chilton has also accompanied me in a similar manner on one or two occasions. Thackeray has told me the sizes of plates he was requiring, and I have reported his requirements to Chilton. I am unable to fix the dates of delivery of plates of glass to Thackeray, as I have kept no notes."
Cross-examined by MR. WILLES. I did not go back to Thackeray's on that day; other officers did—on the first occasion Loveday stood alone in the dock; Chilton was a witness against him—I took Chilton in custody after that, on 23rd October; they were cautioned by the Magistrate as to the way they gave evidence.
Re-examined. Further matters came to the knowledge of the police and the prosecutors, and acting on that Thackeray, Hilton, and Chilton were arrested.
ELI CAUNTER (Detective Sergeant H). On 23rd October, about 8. 45 p. m., I went to Thackeray's premises, and said to him, "I am a police officer; I have come to arrest you for receiving a quantity of goods on the 9th and 12th of this month, knowing it to be stolen, the property of Mr. Goslett, of Soho Square"—he said, "All right; cannot you let it be till the morning?"—I said, "No"—I conveyed him in a cab to the police-station—he made no reply to the charge—I had been to the premises on 12th October—on entering the shop I saw Thackeray and his wife—Thackeray said, "What about that glass?"—I said, "That is what I have come about"—his wife then began to make a statement; before she could get a word out Thackeray said, "Shut up; say nothing"—she said, "I am not going to be charged, am I?"—I said, "I don't know, perhaps you had better go with us and see Mr. Goslett, and account to him for the glass"—she went with Kendall and her husband—neither of them were taken in custody then—she attended the hearings at the Police-court by direction of the police, and she was identified there—Mr. Goslett came to the station in the evening.
Cross-examined by MR. WILLES. I think Mrs. Thackeray was paying the men when we first entered the shop—after we said what we came about, Thackeray told her to go on paying them, and I said certainly—while she did so, Thackeray got down these papers and receipts, and handed them to us—I looked at them—I did not tell Mrs. Thackeray she must come with us when she had finished paying the men.
SIDNEY KENDALL (Detective 27). I was with Tallon on 12th October—I have heard his evidence; it is correct—I went back there afterwards—I have heard what has been described as having taken place; it is correct—afterwards I took Hilton; he is not on trial now.
Cross-examined by MR. WILLES. I went with Mrs. Thackeray in a cab—I did not hear anybody say, nor did I say, "You must come with me"—Thackeray paid for the cab—Thackeray said he would rather go in a cab, and an officer hailed one passing—it was an ordinary cabinetmaker's shop, with overmantels, looking-glasses, and frames—I did not see any amount of glass there; there was none in the overmantels, two strips of glass were lying down—he brought down files of receipts.
Re-examined. I did not look through them—he did not show me receipts from Messrs. Goslett.
Loveday, in his defence, said he had been led into this by Stanton and Thackeray; that having no previous experience of a glass warehouse he could
not tell salvage from dock glass, and was deceived by Hilton and Chilton, who told him the glass he took was salvage glass that had been cut and cleaned up.
Thackeray received a good character.
GUILTY of receiving, on the second, fourth, and sixth counts. Loveday,
GUILTY on the third and fifth counts. The Jury and Prosecutor strongly recommended him to mercy. (See New Court, Friday.)
92. JAMES JONES, alias JOHN MURPHY (22), PLEADED GUILTY **+ to stealing a purse and £8 1s. from the person of Frances Brodie; also to a conviction of felony in February, 1888, in the name of John Murphy.— Twenty Months' Hard Labour .
OLD COURT.—Thursday, December 19th, 1889.
Before Mr. Justice Day
MR. ARTHUR GILL Prosecuted.
JAMES OLIVE . I am a bellows-maker, and live at 11, Preston Street, Green Street—I know the prisoner—I met him some time ago at the house of Emma Ferry—there was a bit of a scrimmage there—he had been telling people that I knew something of his wife, and I went there to ask him what he meant; he went to strike me, and I threw him back; there were no blows struck—on the night of the 16th November, about half-past eleven, I was with my wife in Green Street, going home; the prisoner rushed out from the corner, passed my wife, and stooped down, as I thought, to hit me in the stomach, but he cut me in two places in my privates; the knife ran across my fingers and cut them to the bone—I did not see what he had in his hand—he said nothing—I had a little box in my pocket, and the knife penetrated my pocket, and the box stopped the blow—I pressed my trousers together and ran home—I saw a doctor and gave information to the police.
Cross-examined by the Prisoner. I am your brother-in-law—I did not make a punch at you—I did not take you into a public-house, knowing that your wife was then at home plundering your goods and taking away your child—I had been helping you push your barrow, and you asked me to go in and have a drink.
ELIZA OLIVE . I am the prosecutor's wife—I was with him in Green Street when the prisoner rushed out and hit him in the stomach, as I thought—I could not see what he hit him with—a little while afterwards I found that he had stabbed him; the prisoner stood there; he did not speak—I went to my husband, and the prisoner ran away.
EMMA FERRY . I keep a temperance bar at 269, Green Street—I know the prisoner and prosecutor quite well—three or four months ago they were at my house—they had a few words, and there was a bit of a scrimmage—Olive was put out, the prisoner remained—after it was over he was quietly talking, and he said he meant to do for him; if he did not do it one way he would another—I said, "For God's sake, don't do it! if anything happens to the man you will get the blame"—he said, "I shall not get the blame without I do it."
Cross-examined. I am sure you said you would do for him, not that you would have it in for him.
NEVILLE HOLLAND . I am a surgeon, of 190, Green Street—the prosecutor was brought to me on the night of 16th November; he was suffering from wounds on the three fingers of the left hand, which extended to the bone, also two slight incised wounds of the scrotum—the wounds appeared to be directed towards the upper part of the thigh, but having some children's teapots in his pocket, the edge of the cutting instrument struck them, and glanced off and cut the scrotum—the two wounds were caused by one cut, I presume by a long-bladed knife, such as a shoemaker would use.
The prisoner, in a rambling defence, alleged that the prosecutor had been guilty of great misconduct, and had induced his wife to leave him.
GUILTY *— Ten Years' Penal Servitude .
MR. PICKERSGILL Prosecuted. FREDERICK CHARLES CROXFORD. I am a coal porter, and live at 13, Victoria Street, Copenhagen Street, Islington—on the night of 9th November, about a quarter to twelve, I went to the Norfolk Arms public-house with a man named Taylor, and called for a pot of ale—Macnamara and Cogan were there, and the prisoner—I knew him; we had no words there—when I left I saw the prisoner in the road, having a row with an old man named Ellis; the prisoner was going to hit him, and I said, "You ought to be ashamed of yourself"—we got jawing together, and it ended in a fight; I worked him up in his doorway, and we got fighting there—I found blood running down my trousers, and I halloaed out that I was stabbed—they took me to a lamp-post and saw what was the matter; I fell, and they put me in a cab and took me to the hospital; I was there a fortnight and three days—I have a pain in my chest now and again, and a cough—I am not attending the hospital now.
Cross-examined by the Prisoner. We were rowing together; I could not say which struck the first blow—I was a little in drink—I can't say whether you were knocked down—no one was touching you while we were fighting—I had had no words with you—I should like you to get off, for the sake of your wife.
WILLIAM COGAN . I am a labourer, and live at 66, Windsor Street, Essex Road, Islington—on the night of 9th November I was at the Norfolk Arms—the prosecutor came in, and I saw the prisoner there—the prisoner and I had a little quarrel—I pushed him and he pushed me, and he went outside and asked a policeman to take me into custody—afterwards I saw the prosecutor and prisoner rowing in the prisoner's doorway—I heard the prosecutor shout, "I am stabbed"—I went to his assistance, and I was stabbed in my left hand—I can't say it was by the prisoner, but I saw a knife in his hand—the prosecutor was in a falling condition, and I and some others carried him a little way, and then got a cab and took him to the hospital—I did not see anybody at the prisoner's doorway but himself and the prosecutor.
Arms—I saw a crowd begin to gather in the middle of the road—Cogan said he had been stabbed in the finger—I saw the prisoner and prosecutor struggling together, and I heard a female say, "He has got a knife out"—I saw the prisoner cover his eyes with one hand, and strike out with the other at Croxford's stomach, and he fell back, and said he was stabbed—I can't say that I saw anything in the prisoner's hand—no one was near the prosecutor but the prisoner.
PATRICK MACNAMARA . I live at 43, Payne Street—I am a rivetter; I was outside the Norfolk Arms, and saw the prisoner and Croxford start fighting—they seemed to be punching one another; I saw no knife; Croxford called out, "I am stabbed"—I went to his assistance, and helped take him to the hospital.
ARTHUR GALE . I am one of the resident medical officers at the Royal Free Hospital, Gray's Inn Road—the prosecutor was brought there; he had two wounds in the chest, one on the right side, and one on the left, two in front of the abdomen, and two on the left side, about three-quarters of an inch long—he bled a great deal; I probed two wounds; they were about three-quarters of an inch deep—they were punctured wounds, inflicted by some sharp-pointed instrument, possibly a knife, such as the police afterwards showed me—there was dried blood upon it—the two in the abdomen were very serious wounds; he remained in the hospital from the 10th to the 26th; there were six separate wounds.
EDWARD GUDGEON (Police Sergeant Y 58). I arrested the prisoner about a quarter-past one, on Sunday morning, 10th November, from information, at 43, Half Moon crescent—I knocked at the door several times, but receiving no reply I burst the door open, and saw the prisoner in bed—I told him he would be charged with stabbing two men, one in the hospital, and told him to get up and dress—he said, "All right, governor; I will go with you; I have done nothing; what could I do with five or six?"pointing to his cheek, which was red—a handkerchief was round his head, covering his right eye—as soon as we got through the doorway a crowd gathered round, and several blows were struck at the prisoner; I pushed them away, and directed a constable to keep them back—at the station he complained of being kicked; I asked him if he had a knife—he said, "Yes; that is the only knife I have, "handing me this one—after the charge was read he said, "I will bar that, I will bar stabbing anybody; they started on me before this, and I wanted to lock the man up, but the policeman would not take him"—there appeared to be blood stains on the knife; I gave it to the surgeon on the Sunday morning.
FREDERICK PHILPOT (Policeman Y 391). On 9th November, about midnight, I was on duty near the Norfolk Arms, and saw a crowd in Payne Street—I went to see what was the matter—the prisoner wanted to give a man into custody for striking him, but I could see no marks, so I told him to apply for a summons.
The Prisoner's statement before the Magistrate. "I had five or six men attacking me, and I done it in self-defence."
Witnesses for the Defence.
SARAH VAUGHAN . On the night of Lord Mayor's Day there was a bit of a bother at our house, and I and my landlady went to the door; I saw Croxford strike Magee in the face—Magee said he would give him in charge, but the policeman would not take him—Magee made his way towards his own door, and Croxford bounced upon him in his doorway;
there were three or four fighting there together—I heard the wife scream, and I went and fetched her out of her doorway—that was all I saw.
JESSY BULL . I was on my doorstep, 34, Payne Street; there was a bit of a bother with a lot of men as they turned out of the public-house; they were fighting; the prisoner was in the middle of them, he seemed as if he was getting across to his door, but he was knocked down—there were a lot on the doorstep together—I know nothing else.
Cross-examined. They appeared to be attacking the prisoner; he did his best to get indoors, but it was impossible—I could not swear to the men, there was too big a mob—I saw two or three blows struck at him; one man struck him twice on his own doorstep.
Inspector Mathey gave the prisoner a good character.
GUILTY of unlawful wounding. To enter into hiS own recognisances in £50 to come up for judgment .
MR. HUTTON Prosecuted.
NOT GUILTY .
NEW COURT.—Thursday, December 19th, 1889.
Before. Mr. Recorder.
JAMES EDWARD SMITH . I live at 5, Euston Road, and have two shops built out in front—on 26th November, about 4 a. m., I was disturbed by three bells ringing—I found nothing disturbed in No. 5 or No. 7, which are adjoining houses, connected inside—I also occupy a little jeweller's shop, No. 1B, which is next door but one—an entrance had been made there through the roof, large enough to admit a man's hand—I found nobody, and nothing had been taken—they had evidently been disturbed—I went to No. 11, which is not one of my houses, went up to the first floor front room, which leads on to a balcony, and found the window open—from there you can reach the leads of all the shops from No, 1 to No. 11, including 1A and 1B—when I shut up the shop 1B, there was no hole in the roof—I went to the station, saw the prisoner there, and charged him.
MARGARET COOK . I live with my husband and family, at 11, Euston Road, as caretaker—on 26th November, about 3 a. m., the window catch in the first floor room was forced up, a heavy mahogany chair tumbled over, and I heard a crashing of wood—I was on the third floor over it—I awoke my husband and my boy, and got up—I looked out at the window and saw a policeman turn the corner—my husband and I got out on the landing, and somebody came out at a first-floor window in Chesterfield Street—I called to the policeman, who said, "All right, Mum," and I saw him catch hold of a man—we went down, and found the door of the room broken that was secure when I went to bed—I went to the station and saw the prisoner in custody.
a. m., I was on duty in Gray's Inn Road—heard a whistle, went to Euston Road, and saw a constable holding the prisoner—I went to 11, Euston Road, and on the first-floor landing found that a door had been wrenched—it was still locked, but was battered about—this jemmy was on the floor inside the room, and this bag of tools—the window was open—the catch had been forced back.
WILLIAM MUNDAY (Policeman E 145). On 26th November, about 3. 30 a. m., I was in Chesterfield Street, and saw two men on the porch of No. 11, Euston Road, the side-door of which is in Chesterfield Street—one jumped down; that was the prisoner—I took him in custody—the other jumped down and ran away—the prisoner said, "All right, constable, look after the other man"; but I stuck to him—a woman shouted from a window, "Hold him!"—I blew my whistle, and Miles came.
Cross-examined by the Prisoner. I was standing under a hoarding—you did not tell me you had been doing a job for yourself.
CHARLES COLE (Police Inspector E). On 26th November about four a. m. I went to 1B, Eaton Street, and found a hole in the ceiling, eighteen inches square—I went into the shop with Mr. Smith—the ceiling is covered with zinc—we then went to No. 11, and found a door forced on the first floor landing for about three feet above and below the lock—I received these tools from the constable there—I went along the leads and found about four feet six inches of zinc stripped off over the shop, and the woodwork cut through, making a hole into the shop—I have compared these tools with the woodwork at No. 1B, and they correspond—at No. 11 I found marks on the door, and the catch was forced back—I was at the station when the prisoner was charged; he made no reply.
By the COURT. If two men on the roof had made the hole they could get to the porch of No. 11 by going along the zinc flats of the intervening houses; there is one continuous space without a break—I examined the shop by daylight, and in the adjoining shop I found this umbrella with about a peck of plaster in it; it appeared to have been put through the hole to catch the plaster, and prevent it making a noise.
The prisoner, in his statement before the Magistrate, denied being at No. 1B, hut admitted going to the garden of No. 11 for a necessary purpose.
GUILTY . He then
PLEADED GUILTY**† to a conviction at Clerkenwell on 29th November, 1879, in the name of John Ray— Fifteen Months' Hard Labour .
MR. BROMBY Prosecuted.
JOHN LEWIS (City Policeman 862). On 22nd November, about 4. 15 a. m., I was on dutv in Lower Thames Street; I passed Beer Lane, and heard a noise in The Ship Afloat; I looked round the corner, and saw the prisoner standing on the footway, within two or three feet of the side door, with a pair of boots in his hand and no boots on his feet—he looked bulky, and I followed him to Tower Street, where Mullens was standing—the prisoner said something to him, and I ran up to Mullens and spoke to him, and the prisoner ran down Tower Street and
Thames Dock, and fell down some steps—he got up, and ran along Lower Tower Street, and turned up Beer Lane again into Rose Court, where I caught him, as the gate at the end was closed—I said, "What were you doing at that public-house?"—he answered in very filthy language—I asked why he ran away, and he used more filthy language—Mullens came up—I put my hand in the prisoner's pockets, and found four bottles of spirits—he had two coats on the top of his other clothes, and a waistcoat—we searched him at the station, and found four bottles of spirits, eight ounces of tobacco, a card-case, a cash bag, 1s. 4d. in bronze, a sixpence, and three pairs of kid gloves—the bottles have the mark of The Ship Afloat; they are not quarts—he said, "This is only a small job; I am wanted for a bigger job than this. "
Cross-examined by the Prisoner I did not say, "Are you trying to catch cold, old man, with your boots off?"—you did not tell me you had walked from Tilbury Docks—you were not sitting on a warehouse doorstep.
GEORGE STURGEON (Police Sergeant 20). I was at Seething Lane Station when the prisoner was brought in, and saw these things taken from him—I went to The Ship Afloat, and found the door partly open; it was a glass door, and I could see a chair standing inside—I roused the landlord, and found the tills all pulled out except one, which contained some farthings—I saw marks on the door, where some one had put their foot on the spring to enable them to get out through the fanlight, where there were marks in the dust—the bolts had been drawn back.
WILLIAM COLLINS . I keep The Ship Afloat—on 21st November I went to bed at 12. 30, leaving the house secure; the fanlight was fastened top and bottom by two bolts—I was aroused at 4. 30, the fanlight was then partly open, the drawers were all open—no money had been left in them except farthings—these bottles of spirits, gloves, two coats and a waistcoat, and card-case are mine—I did not see the prisoner in the house that night; I never saw him before.
Cross-examined. I told the Magistrate that you had killed my bird—I suppose you were afraid of its disturbing me when you struck a light—I would sooner have lost £5 than that bird.
Prisoner's Defence. I found the clothes at the corner of a warehouse door.
He then PLEADED GUILTY**† to a conviction at this Court on November 25th, 1886.— Seven Years' Penal Servitude .
MR. GRIFFITH Prosecuted, and MR. BLACKWELL Defended Pearson.
ALFRED WILLIAMS . I live at 57, Colonial Street, Poplar—on Monday, October 28, I came up from Cardiff by the 9 p. m. train, and got to London about 2:45 a. m. on Tuesday, and found myself at Covent Garden—I had a bundle containing a pair of trousers and other articles of apparel, value about £1—I went into two public-houses; it was then a little after 4 a. m.—I saw the prisoners in both houses, and two others—three of them went out of the first house, and one, who is not here, spoke to me and took me to the second house—Kelly was going to poke his fingers up the nose of the man who took me there, and
they said, "Don't have anything to do with him; he is no good to you"—Pearson advised me to go to Hart's, and we went out—I did not want to be in their company; one pushed me on one side, and one on the other, and I was knocked down, and lost my bundle—I went after Pearson; he laid me on the ground, and he being last I ran after him, and a policeman caught him—I am sure he was one of them—the one who hit me hurt my face—I gave a description of Kelly, and saw him at the Police-station last Monday, and picked him out directly.
Cross-examined by MR. BLACKWELL. I was only in two public-houses—it was a foggy morning—Pearson did not get out of my sight from the time I got up, and I was up in a moment, and was close to him when the policeman took him—I had only had three half-pints of ale.
Cross-examined by Kelly. I may have said at Bow Street that you resembled the man, but I was positively sure you were the man, and so I am now.
FREDERICK ELLIS (Policeman E 146). I was on duty in White Hart Street, Drury Lane, and saw Williams walking towards me from Catherine Street with a man on each side of him, and the tallest one, who I believe to be Kelly, walking behind; he struck Williams on his head and knocked him down, and snatched the bundle he was carrying from under his right arm and ran down Little Catherine Street, followed by Williams—I followed them, and when they got nearly to the bottom of Little Catherine Street Pearson stopped suddenly and turned round, and Williams came up and said, "This is one of the men who has just knocked me down and robbed me"—he said, "I am innocent; I am going to the market to buy some flowers"—I took him to the station—he made the same statement there—I am sure he is the man—I lost sight of him for about a minute—a description of Kelly was given at the station, and he was taken last Monday and placed with six others, and I picked him out—I have a doubt, but to the best of my belief he is the man.
Cross-examined by MR. BLACKWELL. It was a very foggy morning—I was fifteen or twenty yards off when I saw Williams attacked—while I was holding Pearson another man came up, and Williams said, "I believe that is one of them"; but afterwards he said, "No, I am mistaken"—Williams had been drinking, and when he charged Pearson I hesitated to take the charge, because the man protested and took his purse and showed me 14s., and said, "I am going to the market to buy some flowers"; and when he was charged he said, "I am innocent."
Cross-examined by Kelly. I was about fifteen yards off—I lost you in the fog.
Re-examined. The whole of them were running together—Pearson was running, when he suddenly stopped and turned round—when I lost sight of them it was round a corner.
JOHN WHITE (Policeman 324 E). I received a description of Kelly last Monday, and found him about 3. 45 on Sunday afternoon—I followed him down Drury Lane into the Strand, and told him I should take him for being concerned in assaulting and robbing a man in White Hart Street six weeks ago—he made no reply—he was placed with others—Williams placed his hand on him, and said, "This man resembles him"—he was afterwards placed with another lot, and Ellis picked him out.
Pearson, in his statement before the Magistrate, said that he was going to the market, and knew nothing about it.
Kelly's Defence. I never was there. I was in bed at the time of the robbery.
Pearson then PLEADED GUILTY to a conviction at this Court on 27th July, 1885, to Five Years' Penal Servitude— Eighteen Months' Hard Labour each; Pearson having to work out the remainder of his former sentence .
MR. LAWLESS Prosecuted.
GUILTY — Twelve Months' Hard Labour .
GUILTY — Fined 40s.
MR. BLACKWELL Prosecuted.
ARTHUR SIMPSON . I am a waiter, and live at 14, Euston Square—on 5th December, about 11. 50, I was in a public-house at the end of Seymour Street, and saw the three prisoners there—I spoke to Grant and Hannington, but cannot say whether I spoke to Bannister—I left about three minutes to twelve; Bannister and Grant had left a few minutes previously—when I had got about 15 yards, the three prisoners rushed upon me, and took my watch and chain and ran away—I called "Police!" and ran into the public-house for the manager to assist me—I then ran into Drummond Street—a policeman came in about ten minutes—I took him to a public-house, and saw Bannister and Hannington there—I looked at them for a minute or two, and recognised Hannington, and when Bannister turned round I charged him with the robbery—this is part of my chain and my locket (produced)—the total value was about £10—I am positive the three prisoners are the persons who robbed me.
THOMAS BUDDELL (Policeman S 361). I was in Drummond Street, and at a few minutes to 12 p. m. Simpson spoke to me, and I went with him into a beer-house in Wellesley Street, one hundred yards from where the robbery was committed, and said, "Do you see anyone here you know?"—he said, "Yes, this is the man and woman"—they said they knew nothing at all about it, and Bannister said, "I have been here two hours and a half"—I asked the landlord how long he had been there, and he said ten minutes at the most.
Cross-examined by Bannister. You did not say two hours in the Plasterers' Arms.
HARRY ANDREWS . I am a plumber, of 10, Little Drummond Street—I met Day, who I knew very well, in Seymour Street, and somebody said that a watch had been stolen, and I saw Hannington put her hand behind her, and hand the articles to me, and I took them.
were speaking Andrews handed me this watch and chain, and said, "This is what the female prisoner has given me. "
THOMAS PRITCHARD. I keep the Hit and Miss, Wellesley Street—on December 5th, about 11. 55 p. m., Bannister and Hannington came in and ordered two glasses of ale and sat down, and Simpson and a policeman entered, and gave them into custody—I am certain of the time, because I close at twelve—they were there about ten minutes.
Brewster's Defence. Me and the prosecutor and the woman were all drinking together, and this prisoner came in about twenty minutes to eleven, and the gentleman gave him a drink and wished her good-night, and I never saw him again till I saw him at Holloway.
Grant's Defence. I went into the Plasterers' Arms about 11 or 11. 30; he asked me to have a drink, and I had some ale. I wished him goodnight, and never saw him again till five days after, when I was locked up.
Hannington's Defence. I went into this beer-house, and had a pint of ale. I know nothing of the affair.
Bannister then PLEADED GUILTY to a conviction at Westminster on 17th December, 1877, in the name of John Boatwright; and Grant
PLEADED GUILTY to a conviction at Clerkenwell on March 5th, 1888. BANNISTER** and GRANT**— Nine Months' Hard Labour each . HANNINGTON— Six Months' Hard Labour .
MR. BLACKWELL Prosecuted.
ALFRED PLUMBRIDGE (City Policeman 971). On 6th December, about half an hour after midnight, I was in Bishopsgate Street, and heard glass breaking—I ran up the street, and saw the prisoner leaving the window of No. 86 with his boot in his hand—I took him back to the window, and saw it was broken—I asked him what he had done it for—he said, "You have got your remedy"—I examined the boot in his hand, and found glass on it, and this boot-lace was hanging on the window—I took him to the station, and asked his address; he did not give it.
GEORGE PREBBLE . I am cashier to James Tomlin, a tailor, of 86, Bishopsgate Street, who trades as A. Mason—on 6th December, about 9 a. m., I opened the shop and found the plate glass window smashed; the damage was about £25—it was safe at 8. 30 the night before.
Prisoner's Defence. I had been drinking very hard, and was like a maniac; I did not know what I was doing.
GUILTY **. He had been forty times convicted of similar offences.— Five Years' Penal Servitude .
MR. BLACKWELL Prosecuted.
went into my service on a Friday afternoon in November, and left on the Sunday following—on 7th December one of my assistants made a communication to me, and on Sunday night, the 8th, I saw the ground floor safe, and went to bed about midnight—I had not seen the breakfast parlour safe, that is in the basement—on Monday morning, the 9th, I was awoke by the servants about 7. 50, and found a pane of glass in the breakfast-room broken, and the lock of the door unscrewed, so as to allow that part of the house to be entered—the servants showed me a bonnet on Saturday evening, the 7th, and it had disappeared on the morning of the 9th—I missed the plate and a napkin-ring from the breakfast-room, a watch and opera-glass from the front room ground floor, and several articles from the larder—I afterwards saw the prisoner in custody—these are my goods (produced)—the prisoner gave as a reason for going that she could not agree with her fellow servant; she left of her own accord almost a month before this, it was early in November.
ISABELLA. ROBERTS . I am a servant of the prosecutor's—on 7th December, about 10 p. m., I went into the coal cellar and saw a figure there, I cannot say whether it was a man or a woman—I screamed and gave an alarm—about half an hour afterwards I found this bonnet in the cellar—on December 8th I went to bed about twelve o'clock, having locked up the lower part of the house and the breakfast-parlour window—about 7. 30 next morning I found the breakfast-room door open and the window broken—I put the bonnet on a shelf in the Kitchen, and missed it on Monday morning.
HENRY KNIGHT . I am assistant to Benjamin and Alfred Hill, pawnbrokers, of 315, Ghray's Inn Road—I produce a gold watch and albert, and a plated cruet, pledged on December 9th for £2 6s. by the prisoner, in the name of Jane Smith—I did not know her before.
ADA SHEPHERD . I am housemaid to Mr. Cohen, of 71, Marquis Road, Islington—Marquis Grove is at the back of the house—on Tuesday, December 10th, about 9 a. m., I saw the prisoner leaving the house—she stooped down to see if anybody was looking, and then came out and walked up the street—I ran and spoke to my mistress—the prisoner had this bonnet on—I had known her before.
JAMES RENNIARD (Policeman J 292). On December 10th, about 10 a. m., I saw the prisoner detained by several females in Marquis Road—she was holding this box in her arms—I said, "What have you got there?"—she said, "Only two or three things, "and opened it—I took her back to the empty house, where the last witness said she came from, and found an entry had been made by breaking a pane of glass in a back window—Gallagher came up, and I asked him to search the house while I took the prisoner to the station.
PATRICK GALLAGHER (Policeman N 174). On December 10th I received information from Renniard, and went to an empty house, 6, Marquis Grove, and found a window broken—I found this opera-glass in the front kitchen, and this knife and spoon and brush on the floor, and some other things—next morning, the 11th, the prisoner said she had pledged the watch and cruet-stand at a pawnbroker's by the Metropolitan Railway Station—I went there and found them.
passing over a small gate, parting the front garden from the back—the breakfast-parlour window had been broken near the catch, which was pulled down, and an arm put over the shutters, which do not reach the top by six inches, and the shutters unfastened—the room was in great disorder—the box of the lock had been unscrewed from the inside, so as to effect an entry to the other parts of the house—on the 10th, about 11 a. m., a constable brought the prisoner to the station—I told her she would be charged with breaking and entering the house, and stealing these things—she said, "There was another girl with me, who has also been in Mrs. Cohen's service, and knew more about the house than I do; she took the things, and we both went to an empty house; she left me about five o'clock that morning; it was about two o'clock when we broke into the house; she broke into the cellar door with an iron bar; the cruet-stand and watch were pawned; I don't know where, I have lost the tickets; they were in my purse, and I believe the girl has taken them"—I found this iron bar (produced) near the breakfast-room window—an entry had been effected into the coal-cellar, but the door leading to the house from the cellar was fastened from the inside—there were marks on the door, and the persons had retraced their steps—it is a very blunt instrument, and the marks corresponded with it—there was a great gap in the door.
The Prisoner's statement before the Magistrate. "It was through hunger and starvation that I did it; I did not do it all, but I was in it. "
She then PLEADED GUILTY** to a conviction at Dalston on 18th November, 1889. Twelve Months' Hard Labour.
THIRD COURT.—Thursday, December 19th, 1889.
Before Mr. Common Serjeant.
104. GEORGE MORRIS (32) PLEADED GUILTY ** to burglary in the dwelling-house of Daniel Bailey, with intent to steal therein; also to breaking and entering the shop of John Sampson, and stealing an overcoat, his goods, also to being found by night with housebreaking implements in his possession, without lawful excuse; also to a conviction of felony at this Court in May, 1887.— Eighteen Months' Hard Labour.
For the case of Croft and Kemp, tried this day, see Surrey Cases.
OLD COURT.—Friday, December 20th, 1889.
Before Mr. Recorder.
MR. HORACE AVORY Prosecuted, and MR. BURNIE Defended.
NOT GUILTY .
106. JOHN GRANT (22) and CHARLES KNIGHT , Feloniously breaking and entering the warehouse of Francis Arthur Darton and others, and stealing twenty-five barometers and other articles. Second Count, for feloniously receiving the same.
MESSRS. HORACE AVORY and BIRON Prosecuted; MR. PURCELL appeared for Grant; and MR. GEOGHEGAN, with MR. ARTHUR GILL, for Knight.
HENRY DUGGAN . I am manager to Francis Arthur Barton, an optician, at 45, St. John Street—no one sleeps on the premises—on 1st November I locked up the premises when I left at night—at midnight I was called by the police, and went to the warehouse—I found that the two first floor room doors were open, the back window on the first floor forced open, and from that window an entry had been made—a glass case in the front room had been very nearly emptied of the most expensive goods, which were kept there for show; it had contained about thirty-six aluminium marine opera-glasses—above that case there were three small flat glass cases, from which a number of watch aneroids and clinical thermometers and compasses had been stolen—I have since seen and identified some of the property, in the possession of the police.
HERBERT ALMOND I live at Spring Street, Clerkenwell—I am a glass beveller by trade—I know the prisoners—I saw them on the 2nd November, Grant first—I went to his house, 10, Jerusalem Court, between ten and eleven in the morning—a man named Dave told me to call there—I knocked two knocks, and Mrs. Grant came downstairs—I went up, and saw Dave and Grant and his wife—Dave asked me in Grant's presence to take some things to Knight's house in Leather Lane—I did not know Knight at that time—I said, "Who is Knight?"—Dave said, "If you will follow me I will show you"—he then pulled two dozen black opera-glasses in a basket from underneath the bed—then they put a dozen ivory operaglasses in their pockets between them, and covered a striped curtain over the basket, which I put on my head, and followed Dave downstairs, and to a furniture shop in Leather Lane, with Knight's name on it—I went in at a side door which was open, and put the basket down at the bottom of the stairs—only me and Dave were in the passage; then Knight came out of a side door into the passage—he picked the basket up, and took it upstairs, and told me to go over the way, and I should see Mr. Grant in a public-house opposite—Dave went upstairs along with Knight—I went across to the public-house; I found Grant there; I had a drink with him—soon after Dave came in—he said he asked 7s. apiece for the two dozen black opera-glasses, and Knight offered him 6s.—Grant said, "You had better take it then"—then Knight came into the public-house, and Dave said, "We will take your money"—thereupon he gave Dave £7 4s. in gold and silver—he gave us drinks all round, and then left—Dave then said to Grant, "Shall I ask him to have the others?"—Grant said, "Yes"—Dave said, "Shall I ask him 50s. apiece?"—he then went out, came back in two or three minutes, and said Knight offered him £6, that he said, "Is that your highest?" and that Knight said, "I will give you £6 10s., all I have"—Grant said, "Well, you had better take" it"—he then took the ivory opera-glasses from Grant, and took them over to the furniture shop, and then came back with the money, £6 10s.—we three then went to Clerkenwell Green—Grant and Dave gave me half-a-crown apiece, and I left them there—they made arrangements for me to go round on the Sunday (next day) to a public-house in Grafton Street, Clerkenwell; no time was fixed—I went there about six—they were drunk—I had a drink with them, and left them to meet them again on the Monday—I went to Grant's house on the Monday, and Dave, Grant, and his wife were all drunk in bed—on Tuesday, the 5th, I went again;
Dave was there—he said, "We want a trap to take some things away in"—he said they had no money, so I lent him 6s. I gave it to Grant—I went with Grant to Nicholls, a greengrocer, in Percival Street, and got a trap; we drove to the top of the court where Grant lives, and they went upstairs and fetched some aneroids from under the bed in a sack; he put them in the horse's nosebag, and put it at the back of the cart—we went to the Prince of Wales public-house, Hoxton, to see a man named Tom Chandler; we did not see him there; Dave went to his house to see him—he came back and said that Chandler said he would wash his hands of them—Grant said, "What for?"—Dave said, "I have had a row with him"—we then got in the trap and drove home; Grant took the sack out of the nosebag, and we took it upstairs in Grant's house; they left me, and I took the trap back to Nicholls—I promised to meet them next day, and I did so, but Grant and Dave were drunk; I went again on the Thursday, the 7th; I saw Dave coming up the court; he asked me to go with him to the Skinners' Arms—he gave me two or three aneroids in my pocket to take to the Coach and Horses in the Strand, some pencil-cases, and bits of silver—Grant was not present—as I was going down the Strand I was stopped by the police, taken into custody, and charged with the unlawful possession of these things—I then made a statement to the police, and a day or two afterwards, while I was in prison, I wrote a letter to the police, and on the 13th I was called as a witness.
Cross-examined by MR. PURCELL. I had known Dave about six weeks; he lives in the same room as Grant—I met Dave on Friday morning, 1st November, between eleven and twelve, and in consequence of what he told me I went to his lodging—I did not see him again till Saturday morning—I never opened the aneroids that I was apprehended with—I thought Dave was a traveller, or something of that—he did not tell me on the Sunday that the things were stolen—I don't know how many lodgers there were at Grant's—I have never been in the cellar.
Cross-examined by MR. GEOGHEGAN. I have been to Dave's room about three times; my first visit was on 2nd November—four persons were living in that room: Dave, Grant and his wife, and Dave's mother; it is not a very large room—I only saw one bed there, not much furniture—I had never seen Dave with a horse and trap before, or with a black bag—the opera-glasses looked brand new—they put two dozen in a basket, and a dozen between them in their pockets; they took them from under the bed; they were wrapped up in a striped curtain; they put that over the basket—I am nineteen years old—I have been in two or three situations; the greengrocer's was my own; I was a beveller of glass in two or three places—I did not know the value of these opera-glasses—I did not know that they were stolen—I never asked Dave what he was; he never told me—I thought I was doing them a favour in carrying them—I did not ask where they came from; it was not my place to ask them; I don't suppose they would have told me if I had; I never thought of asking them—I might have said at the Police-court that I thought Dave was a traveller—I was not to know that Grant was at the public-house till Knight told me—I had no idea then that the things were stolen, nor during the whole of the transactions—I have never been at a racecourse—I was 1s. out of pocket by this—I did not go to Grant's house on
the Sunday; on that day I had an idea they were stolen; I did not know it for certain—I did not say at the Police-court that I went to Grant's house on the Sunday, about two—I don't remember saying, "I knew they were stolen on the Sunday; Dave told me so"—I said I had some idea of their being stolen—I don't know how many times I have seen Inspector Conquest—I saw him on the night of my arrest, the 7th November, and spoke to him—I did not write to him on the 8th; I can't say exactly the day it was when I was in Holloway; no one came to see me in Holloway, only my mother, none of the police—I have been at Sage's, the shop front builders; I was there about three months—I don't know what month it was in that I went there, or the month I left—I know the Guy, Earl of Warwick public-house, it is opposite Grant's Passage; I don't know the landlord—I have not seen a man named Happy there—I have never been in the public-house—I have worked for Burt, a foreman at Sage's—I do not know Mecoy at Barnett's, or any person who works there—I was not accused by Mr. Hatton, the landlord of the Earl of Warwick, of committing a burglary in his house, only at the Police-court—I do not know a boy named Aldridge; he did not point me out as a thief, nor did Mr. Hatton say, "Where are the cigars and the spirits and the money stolen from my house, the Guy, Earl of Warwick?"—a lad named Burke did not come up, nor did Mr. Hatton take a bag from him and hand me 4s. 11d. nor did he say, "I have a great mind to lock you up, "nor did I reply I did not steal the things, but stood outside with Burke and the other boys; that is all false, it is Mr. Hatton's imagination—I believe I know Dutton; I do not know whether he got twelve months for burglary, or whether he was charged at the Sessions; he is a little chap—I do not know a man or a lad named Williams, or Taylor—I did not visit Holloway lately—I do not know that George Taylor is doing fifteen years' penal servitude; I don't know him; I was told he was my brother, but I have not seen my brother for fourteen or fifteen years—I did not visit my brother at Holloway—I was told that Dutton and Williams are doing hard labour; I know nothing about Williams—Dillon's public-house is not immediately opposite Knight's shop, it is in Albion Street; it is not near Knight's, and I never said it was—I do not know the name of the public-house opposite Knight s—as I went through the passage he came through the side door into the passage—the door down the passage is nearly at the stairs.
Re-examined. I took the greengrocer's shop on my own account—until this accusation, no charge of dishonesty has been made against me.
By MR GEOGHEGAN. I said at the Police-court that on the Saturday I went to Knight's between twelve and one o'clock—it was not later than 12. 30—I said that we reached Davis's house between twelve and one—I do not know that he is going to prove he was not there, I know he was.
CHARLES GOTTLING (Detective Sergeant E). On 7th November, about seven o'clock, I went with Conquest to 10, Jerusalem Court, and saw Grant—I said, "We are Police officers, and we have information that you have a quantity of these articles in your possession, "showing him an aneroid in a case—he said, "I have not any in my possession; I have not got any, I know nothing about it"—I said, "What portion of the house do you occupy?"—he said, "The first-floor front; you can go and have a look round if you like"—I followed him upstairs with Barton, another officer—we went into the room, but could not see anything there
—I said to the prisoner, "Where do you keep your soot?"—he said, "Downstairs in the cellar"—we went down into the cellar, and I saw Golding pull this sack out of a barrel in a corner of the cellar; it contained 10 aneroids in morocco cases, 400 aneroids of the same shape as watches, 4 compasses and aneroids combined, 6 pocket-compasses, 2 opera glass handles, and 72 clinical thermometers—I said to Grant, "How do you account for these?"—he said, "I don't know anything about it, unless it was a man named Dave; that is all I can put it down to"—I took him to Bow Street Station, where he was detained a short time, and then taken to Clerkenwell.
Cross-examined by MR. PURCELL. It is a six-roomed house, I think, and there are six or seven lodgers—the cellar is an open space, about four feet long; the entrance is about seven and a half inches wide—it is under the house, and not enclosed by any doorway, but there is a door inside the house—you cannot get into it from the area, you have to go into the house, and go downstairs—there were sacks of soot there—Grant has been a chimney-sweep eight or ten years—I do not know Dave; I have been looking for him, but have not found him—Grant's wife told me that Dave lodged in the house—I have not made inquiry of the other lodgers; I believe they used all to sleep in one room.
JOHN CONQUEST (Police Inspector). On 7th December I was at the station when Almond was brought in, charged with the unlawful possession of an aneroid barometer—he was remanded for eight days, and discharged on the 15th—in consequence of information he gave me on the day he was discharged, I went to Grant's house, and was in the cellar when the articles were found in the sack, and a jemmy and other articles were found—after the search on the 7th, I received this letter from Almond; I did not go to see him in prison, as there was not time to get the Home Office authority, and I waited till he was at the Police court—on the day of the remand I went to 20, Leather Lane, and saw Knight—I said, "I am a Police officer; I have received information that you purchased, on November 2nd, two dozen opera glasses, for which you paid £7 4s., and on the same day you bought another dozen of ivory opera glasses, for £6 10s"—he said, "I have never seen any glasses"—I took him to King's Cross Police-station, and confronted him with Almond, and said to Almond, "Is this the man who bought the opera glasses as you stated?"—he said, "Yes, "and speaking to Knight, said, "You paid £7 4s. and £6 10s. for them"—Knight said, "I have never seen this man before"—he was then charged with feloniously receiving three dozen opera glasses, well knowing them to have been stolen; he made no reply.
Cross-examined by MR. GEOGHEGAN. Before he was charged he had denied having seen the opera glasses or Almond—this letter is not dated; it came from corridor B, 12, 11—I did not go or call, I saw him in the cell passage, but did not speak to him—he was not discharged after he had given information—he mentioned Knight's name to me after he was discharged, not before—when a prisoner writes to say that he has got information, it is usual to call, I did not call because there was not time—I asked permission to withdraw the charge.
WALTER GOLDING (Detective E). I went with the other officers on the 7th to 10, Jerusalem Court, and was in the cellar when these articles were found—I found eight keys loose, done up in linen, in a hole in the
ceiling like a wedge, and these eight keys on a ring, and this jemmy in the w. c. in the yard, behind the cistern.
Cross-examined by MR PURCELL. The hole was under the stairs going down to the basement—Grant was present when they were found, and said he knew nothing at all about them—I have had a description of Dave, which enabled me to recognise somebody—we circulated it among the police—we have not found him.
JAMES RADLEY (Police Inspector G). On November 7th, about 11. 45 p. m., I saw a number of policemen surrounding the prosecutor's warehouse—I searched, and found that the thieves had gained access to it by placing a ladder in the back yard against the first-floor window, forcing the window with a jommy, and crawling in at the window, which gave them access to the first floor—an office door had been forced with a jemmy—I have compared this jemmy with the marks, and they correspond exactly—inside the window where they entered there were several sheets of foolscap paper, on which were sooty marks, where somebody with corduroy trousers had been kneeling—the whole warehouse was in confusion, and the drawers drawn out.
Cross-examined by MR PURCELL. I did not preserve the pieces of paper—the soot came off as soon as I touched it—I am not certain they were soot; they appeared to be—I did not smell it—as soon as I took the paper up they fell off.
Cross-examined by MR. PURCELL. Grant was alone when he hired it, but when he came for it the lad Was with him—I am certain it was not Tuesday, the 5th.
MR. GEOGHEGAN submitted that Almond was an accomplice, and therefore his evidence required corroboration, as upon his own evidence he might have been charged as an accessary after the fact.
MR. BIRON contended that there was nothing to implicate Almond in theburglary or in the receiving.
The RECORDER left the question to the JURY, who stated that they did notconsider Almond an accomplice.
Witnesses for the Defence.
ANN BENNETT . I live at 9, Jerusalem Passage—I know Grant—on the first Saturday in November he was at my house cleaning chimneys at twelve o'clock in the day—he remained there about twenty minutes—I only know him by his sweeping the chimney.
Cross-examined I do not know Grant at all; he does not live next door or next door but one to me; it is in the court—I do not know by whom I was subpœnaed.
CHARLES PALMER . I am a chimney sweep, of 6, Gee Street, Goswell Road—I know Grant; I employed him at Lambeth and Cow Cross Street, Smithfield, on November 2nd, from 12. 30 till 1. 45—I know he was working in Jerusalem Passage before that, but cannot tell you the name.
By the COURT. I know that, because I sent for him, and they told me he was in Jerusalem Passage; and I went and met him in John Street.
Cross-examined. I did not fetch him from there, but I was given to understand that he was doing a chimney there—I have a clock on my
premises, but I met him in the street and engaged him—I did not notice the time, because I did not know it would be required.
By the COURT. That was the first Saturday in November—my attention was called to this about a week or ten days ago, and on November 2nd I did not think it would be of the least consequence to remember when Grant came—I was not told the circumstances which made it important that I should remember it—I read in the paper that he was charged before a Magistrate, and until ten days ago I had not the least idea that it was of any consequence.
HENRY RUMBLE WATSON . I have been an auctioneer twelve or thirteen years, and have carried on business in Bedford Row five years—on Friday, November 1st, I called in at Moss and Jennings', in Chancery Lane, and saw Mr. Knight there between four and five o'clock—I asked him if he had a safe, as a friend of mine wanted one—that was Mr. Kelly, who keeps the little newspaper-shop under Gray's Inn Archway—Knight said that he had bought one, and I made an appointment to meet him there again next day, which I did—I got there at a quarter or ten minutes to twelve—he was there, and showed me a safe, and I was in his company till fifteen or twenty minutes past two—he was never out of my sight from twelve o'clock to 2. 20—we called at Mr. Kelly's about 1. 45, and showed him the safe—Kelly saw Knight.
Cross-examined. If I said first that I got to Moss and Jennings' at a quarter to one, it was a slip of the tongue—Kelly had promised to come at twelve, but he did not—I had seen the safe the previous day, but he had not got the keys—I remained two hours and thirty-five minutes waiting for Kelly—Knight was waiting, too, loading some goods into a van from the sale-room, which he had bought there—Kelly had to approve of the safe, and pay the money—no sale was going on then, but people were clearing their goods which they had bought the previous day—I have known Knight about eighteen months; his father used to be my foreman, and used to suffer from gout, and sent this young Knight to act for him—I was at the Police-court on the remand on Saturday; I was prepared to give evidence; I cannot tell why I did not—the sale was on a Friday; this (produced) is the catalogue—I suppose it began at twelve o'clock, but I was not there at the commencement.
Re-examined. There is no reason that I should come here to perjure myself—I have come at a great loss of time—I heard Mr. Ricketts, the solicitor, say he had an ability to prove—I only went there for that reason—I had seen Kelly some weeks before about the safe—I saw Knight at the sale-room on Friday, and he said he had purchased a safe, and I made an arrangement for Saturday, which Kelly did not keep, and the safe was put on the tail of the van and taken not to Kelly's premises, but twelve doors from his turning, opposite Gray's Inn Chambers.
By the COURT. I believe the van went away—I came back again for the safe.
FREDERICK JOHN KELLY . I am a newspaper agent, of Verulam Buildings, Gray's Inn—some days before November 2nd I arranged to go into partnership with Mr. Opie—I had spoken to Mr. Watson about a safe, and he called on me on Friday evening, November 1st, and made an appointment for twelve o'clock next day to look at a safe, which he said was at Moss and Jennings' sale rooms, but I did not go, as I had negotiations with Mr. Opie—he did not call, and I could not go away—my
father had the business thirty years, and I succeeded him—I saw the safe that day at a little before two o'clock on the end of a cart; Knight and Mr. Watson were with it—I measured it, and it was too big, as mine is a very small place—this book shows the date when Opie and I entered into partnership on the following Monday, the 4th—I am here on a subpoena.
Cross-examined. I was to meet Mr. Watson at the rooms at twelve o'clock.
GRANT.— GUILTY . Eighteen Months' Hard Labour.
KNIGHT.— NOT GUILTY .
THIRD COURT.—Friday, December 20th, 1889.
Before Mr. Common Serjeant.
107. GEORGE LOVEDAY, THOMAS JOHN CHILTON , and JAMES THACKERAY , were again indicted (see page 145), together with THOMAS HILTON (36) , for conspiring together and with other persons to steal quantities of polished plate glass, the goods of Edward Maynard Goslett.
MR. BODKIN Prosecuted, and MR. WILLES defended Thackeray.
CHARLES LORING repeated in substance the evidence he gave on Wednesday, and added: Hilton was cutter to Messrs. Goslett, at 36s. a week—he would have access to the warehouse where glass similar to this was stored—he would take glass from there and trim it; he would be carrying sheets of glass during the whole day—he would place the glass where Chilton could have access to it—there was no restraint on Hilton going into the warehouse where glass was stored—after cutting the plates he would remove the labels—no glass should go out without being trimmed, except in bulk—Hilton and Chilton were constantly in communication—in most cases Hilton would know where the goods were to be consigned; Chilton would always know—glass would principally pass through Chilton's hands for the purpose of delivery to the carman—on special occasions Hilton would assist in loading the vans—this glass ought not to have gone out of the warehouse without being properly trimmed and cleaned—if a large plate in a shop window were broken, occasionally we should take it back and trim it down to the largest rectangle we could make use of—there is a distinction between glass of that sort and new glass, which is apparent to anyone skilled in glass as Hilton is—Loveday might be deceived in it.
Cross-examined by Hilton. Anyone showing a receipt can take glass out of the premises—I know of no cases where people have taken glass out without having or signing a receipt—in many cases I know the delivery clerk has sent people back for having no receipt—no one but persons employed in the firm have access to the glass—an ordinary customer could not come in.
Re-examined. Stopping people who go out is one way of checking the glass that goes out, and the other way is by the books.
Robert Henry Newson and William Genden Spark repeated in substance their evidence given at the former trial,
any salvage on the van at any time I could leave it at Mr. Thackeray's—after that I found in my van one day two plates of glass, thirteen or fourteen inches wide, by fifteen—I left it at Thackeray's shop—I saw a short stout woman there—I never had any conversation with Hilton about going there; no one suggested it besides Chilton.
Cross-examined by Chilton I have had salvage glass given to me when on glazing jobs, doing large broken fronts, and so on—I have brought that back to the shop, and been told to take it away, and do what I liked with it, it was no use—many a time it was large enough to cut a two-foot square out of—I supposed it was our own property, and we could do as we liked with it.
Cross-examined by MR. WILLES. The customers would tell us to take it away—on several occasions I have had pieces larger than the panes of these windows given to me—I considered I was entitled to sell it to any one I pleased—I have taken them back to Soho Square, but I could have sold it if I liked.
Cross-examined by Hilton. I have brought plenty of salvage glass in the shop many a time and asked you to square it; it would belong to me if I had not brought it into the shop—it would belong to the firm after you had squared it up.
Re-examined. It is not my duty on all occasions to take it back to Soho Square—I never knew salvage taken back was entered in a book—if it was brought back it was squared up, and then it was the property of the firm, and was left on the premises.
C'HARLES LORING (Re-examined). It is the duty of the carman in every case where salvage or broken glass is given him to bring it back to Soho Square, and it is entered in a book—I find an entry on 26th August of salvage glass brought back by Wing—Hilton understood that.
By the JURY. We do not care for salvage glass, it is very little use to us—sometimes people ask for it to be sent back—Hilton has been eight or nine years in the firm—the rule about entering salvage glass in a book is known to our employes—many of the entries are made by the men themselves.
Cross-examined by MR. WILLES. I have heard Wing say he has been given glass for his own purposes.
Stanton's evidence given on Wednesday was read to him by the shorthand writer, to which he assented, and added: I generally shared the money I received from Thackeray with Chilton and Hilton next day at Soho Square when I had an opportunity—I put it into their hands without saying anything; they took it as a matter of course—the largest sum I ever shared at one time was 9s., 3s. each—I shared money in that way two or three times—Hilton never mentioned Loveday's name to me—I don't recollect if Chilton has ever mentioned the names of anyone else who has taken glass in this way.
Cross-examined by MR. WILLES. I have brought back salvage glass from customers—I have had some given to me, and been told to do as I liked with it—some of it would be as large as one of these panes.
Cross-examined by Hilton. When we went to glaze at Piggott's they said they would keep the large pieces, and we could keep the others, and you squared it on the tail of my van—the salvage I have had I took to Thackeray; he gave me money twice.
Cross-examined by Chilton. I did not first tell you of Thackeray, nor did I say if there was anything at any time you knew where to get rid of it.
Re-examined. In addition to salvage glass new plate was on my van, and I took it to Thackeray's; I did not do so on several occasions—I have been five or six times to Thackeray's; I have received money from him on three occasions; on each occasion I shared the money with Hilton and Chilton—I took the glass from Piggott's to Thackeray—I shared the money for it with Hilton and Chilton—Hilton brought the glass out and squared it on the van, and said, "Here is beer-money for you"—I did not take it to the warehouse, it was late at night—Hilton afterwards said, "How did you get on last night?"—I thought he wanted something—I gave him an equal share, it was a mere trifle; I did not get much from Thackeray—there was no ill-feeling between me and Hilton about it—I shared with Hilton the proceeds of new glass I found on my van from Soho Square—I have taken salvage glass back to Soho Square—sometimes it was entered in the book, and the carman might initial it. West's evidence was read to him by the shorthand writer; he assented to it. Robert Ebbage, Edward Tallon, and Eli Caunter repeated in substance their evidence previously given.
The statement made by Chilton to Tallon was read at follows: "Iwish to say that there is no other person employed by Goslett and Co., with the exception of T. Hilton and Stanton, who are mixed up in this affair. I have put glass, which has not been ordered by anybody, on the vans of Loveday, Stanton, and Wing, from time to time during the last six months. This has been done with the full knowledge, of Hilton. I have told the three carmen, Stanton, Loveday, and Wing, to take the glass which I had put on the vans to Thackeray's, at 314, Brick Lane, and leave it there. I was with Loveday on one occasion, when he went to receive the money from Thackeray for the glass delivered. Loveday always received the money for the glass delivered by him. Stanton has also received money from Thackeray, and they have shared the proceeds with me and Hilton. Stanton was the first person who proposed to me to send goods out which had not been ordered. Hilton would take the glass from the warehouse, and place it ready to be put on the vans. He has told me to put it on the vans, and I have done so with his knowledge. I have received from Loveday as much as 2s. 8d. as my share of the proceeds of the glass received from Thackeray. Neither Ridgett, Holland, Andrews, nor Liggs knew anything about it. Judging from the amount I received from Loveday, Thackeray paid 6d. per foot for the glass."
SIDNEY KENDALL (Detective H). I arrested Hilton on 24th October, and told him he would be charged with being concerned with Loveday with stealing glass, the property of Mr. Goslett—he said, "I am innocent; I know nothing about it"—he was taken to the Police-station, and charged—he made no reply.
Hilton, in his defence, said the money he had received had been for salvageglass and not for plate, that he knew of, and that anyone could take plates ofglass out of the warehouse. Loveday said he did not know the glass put on hisvan was stolen; he always understood it was salvage.
MR. GOSLETT recommended Loveday and Chilton to mercy.
LOVEDAY— Six Months' Hard Labour , CHILTON and HILTON—
Twelve Months' Hard Labour each . THACKERAY— Eighteen Months' Hard Labour, and to pay the costs of the prosecution .
The COURT commended the conduct of the police in the case.
MR. HUTTON Prosecuted.
GUILTY .— Five Years' Penal Servitude.
For case tried Old Court, Saturday see Essex Cases.
NEW COURT.—Saturday, December 21st, 1889.
Before Mr. Common Serjeant.
MR. LYNE Prosecuted, and MR. PURCELL Defended.
HENRY PRIEST . I am a cheesemonger, of 119, King Street, Hammersmith—on 25th November I went to Smithfield Poultry Market, and about 3 p. m. 1 got to the Angel—I met Mr. Wellington and Mr. Brackenbury, and was with them at 11, Chapel Street, Islington, till about four—I then went towards Moorgate Street, calling in at three or four public-houses, I think, on my way—I picked up with two men, whom I cannot recognise we went into a public-house, and talked together—as I came out of the public-house I was all of a sudden set upon by, I fancy, the same two men—they knocked me down and kicked me, and took my silver watch and gold chain, and £3 or £3 10s. or something like that—I next found myself at the station, charged with drunkenness—I don't know what became of the men.
Cross-examined. I told the Magistrate I was knocked down and kicked, but that I did not recognise the men—when the clerk read my deposition I did not notice he read nothing about my being knocked down and kicked—I am certain I was knocked down—I am sure I had £3 or £3 10s. on me—I must have had over £5 in my pocket when I left home—I am a buyer for a co-operative store, which has a shop at Hammersmith and elsewhere—I was out with my own £5 on my own occupation—I first went into a public-house that day between one and two—I had no money left when I was at the Police-station—I lent Mr. Brackenbury 5s., I spent 3d. in 'bus fare, £3 or £3 10s. was taken from me, and the rest I spent in drink—I saw my wife at the Police-court on the second occasion—I did not hear her say outside the Court that I never had any money that morning, but that I had borrowed 7s. 6d. before I went out—I last saw my watch safe at the Angel, about three.
By the COURT. I did not to my knowledge charge the prisoner—the £5 was my own private money.
WILLIAM GEORGE HARRIS . I am ten years old—I live at 8, Macclesfield Street—on 25th November, about 4. 30, I was in Powell Street, Central Street, St. Luke's—I saw the prisoner, another boy, and the prosecutor—the prisoner said, "Let us pick him up; let us take him into the Macclesfield beerhouse"—they took the prosecutor in there, and about
three minutes afterwards they brought him down to Bridgeman's wood-yard, about three yards away—then they knocked him down and kicked him in the ribs, and took his watch and chain—I saw nothing else—I went and told a policeman, and then Went up to the Police-station.
Cross-examined. I spoke to Constable O'Brien—I first saw the prisoner at 4. 30 in Powell Street, it was daylight—there were plenty of people in Macclesfield Street—it is a broad street; there were no cabs or carts there—I was on the other side—the prosecutor and the two men walked from me, so that their backs were towards me—I followed behind—I heard the prisoner say, "Let us take him round to the Macclesfield, "access the broad street—I said I heard that before the Magistrate (It did not Wappear in the deposition)—I have not been speaking to Snelling since I was at the Police-court—I followed some distance behind them; other people were in the street—the drunken man could hardly stand—the two lads were propping him up on each side, then the one on the left let go suddenly and down he went—the other lad did not fall on top of him—I was then as far as I am from you; it was close to the beershop—persons were passing by—after the prosecutor fell to the ground, and while on the ground, his watch and chain were taken by the prisoner, who had been on the prosecutor's right—he did not go down a second time—when I say he was knocked down and kicked, I mean one of the men withdrew, and the prosecutor fell down—I said before the Magistrate, "Then both of them knocked him down on his face and ran away"—I did not see either of them take anything from his pockets—after The man on the right took the watch and chain they both ran away, leaving the drunken man on the pavement—he was too drunk to do anything, and did not seem to know what was going on at all—it is not true that the prosecutor tried to stop one of the men, who then knocked him down—Russell was not with me; I first saw him in Macclesfield Street after it was all over, before I went to the policeman—I did not speak to him; I saw him at the station—the two men ran from me after the watch was taken; if Russell was anywhere near then he was behind me—I did not see him at that time.
Re-examined. I did not see either of the men strike the prosecutor—I am quite sure the prisoner is one of the men 1 saw—I had seen him before—I saw the prisoner snatch the watch and chain.
By MR. PURCELL. I said before the Magistrate, "As they were bringing him along, Brown took his watch and chain"—that is true; they let him fall down, and then took it—they did not take his watch first, and then knock him down.
JOHN RICHARD RUSSELL . I am 13 years old, and live at 45, Macclesfield Street—on November 25th, about 4. 40 p. m., I was coining out of school in Chapel Street and saw Browney take a watch and chain from the prosecutor, and run down President Street; the prosecutor ran over to a boy who was walking on the wall, and he knocked the prosecutor on the small of his back, and kicked his ribs, and ran away.
Cross-examined. I saw Harris at the station—the drunken man was with two men, one on each side of him, walking away from me and away from the Macclesfield beershop—the watch was taken after he was on the ground—he was knocked down, and then I heard him say he could not stand up—I was closer to him than you are to me—other persons were standing near—one of Bridgeman's men was holding the man
up; there was one lad on each side of him—Browney took the watch out of his waistcoat pocket, and then they let him fall and ran away—I did not call out—he was knocked down as well, he was twice on the ground—it is right to say, "Browney took his watch and chain and then both of them knocked him down on his face;" that is right too—he was three times on the ground.
BENJAMIN SNELLING (Policeman G 284). On 25th November I was at Old Street Police-station, when the prosecutor was brought in drunk—two boys came in with him, and from what they said I was sent out to bring the prisoner in—I went out about six o'clock, and met him in Lover Street, St. Luke's, about 11 15—I said, "I shall take you in custody for having assaulted and robbed a man in Macclesfield Street"—he said, "I never robbed anybody."
Cross-examined. I know where he lives—his father is a cab-driver, and lives nearly opposite me.
Cross-examined. I found a drunken man, and took him to the station—I am sure it was 4. 30 when I was called.
The Prisoner's statement before the Magistrate "Passing through Macclesfield Street a young man called me and asked me to assist him in trying to lift the prosecutor; they were trying to lift him, but could not stand him on his feet, and the man let go, and I fell on the prosecutor. I never entered any public-house with him, and I never saw any watch. I went home."
The prisoner's father gave him a good character.
110. THOMAS JOSEPH PRIOR (30) was again indicted (see page 133) for a burglary in the dwelling-house of William Henry Northcott, and stealing a tablecloth, two coats, and other articles, his property. Second Count, receiving the same.
MR. A. GILL Prosecuted; MR. LAWLESS Defended.
ADELINE NORTHCOTT . I am the wife of William Henry Northcott, of 5, Albion Villas, Haringay Road, Tottenham—on Saturday, 16th November, I left home about three p. m., leaving no one there; the doors and windows were secure—I have a latch-key, but cannot bolt the front door; it locks itself—I returned about 11. 20, and found the front and back doors open—there is no light in the passage, and the door would not be seen to be open, as there is a small front garden—I was afraid to go in, and sent for a policeman—I went in with him—a black marble clock had been stolen from the drawing-room, and my gold watch and chain, two gold bracelets, and a diamond ring from my bedroom; my long coat and two coats of my husband's, and a tapestry table-cover from the dining room, value altogether about £7—this (produced) is the tablecloth, and this is my coat.
ELIAS BAR (Detective N). After twelve o'clock on 16th November, I examined this house—the front door had been forced open by an instrument, and the place was in confusion; the socket of the lock was forced off and hanging—the back door was also open—the officer on that beat
should pass the house at 8 p. m., and again at 11. 25 p. m., and on some evenings he would pass every hour.
MARGARET "WYATT . I am a widow, and live at 10, Northampton Street, Clerkenwell—the prisoner has a shop parlour there, but does not lodge there—on Sunday night, 17th November, just upon twelve o'clock, I went to his room door, and he said he had been to a sale-room, and showed me what he had bought; a table-cloth, a lady's jacket, two coats, and a. black marble clock—he asked me half-a-crown for the table-cloth, and I gave him two shillings—this is it.
Cross-examined. He is a french polisher—one of these was a light overcoat.
JANE WILLANS . I lodge in the same house as the last witness—on 17th November, between eleven and twelve o'clock, I went to the prisoner's room, and he asked if I would buy a jacket which he had bought at the West-end—I looked at it, and he said, "It will just fit you"—I put it on, and it did fit me—he asked 10s. for it, which I gave him—I saw a light coat and a black coat hanging there, and a black marble clock.
Cross-examined. I have only known him about a month—he told me that he picks up odd things at sales.
JOHN ROBINSON (Police Sergeant G). On 25th November I had the prisoner in custody—I said, "I got this table-cloth from Mrs. Wyatt; she told me she bought it of you last Sunday"—he said, "I bought it at a sale three months ago"—he afterwards made a statement to Sergeant Blight in my presence.
WILLIAM BLIGHT (Police Sergeant G). I charged the prisoner with breaking and entering No. 5, Albion Villas, Haringay Road, Tottenham—he said, "I did not break into the place"—this coat and table-cloth were there, and he said, "I bought these of a man in St. John street Road about 10. 30 on Saturday, the 16th of last month; I do not know his name; I gave him nine shillings for them"—after he was charged, he said, "I will make a statement; I do not see why I should bear all this blame myself"—he made this statement, which Constable Robinson put down, and he signed it—he then said, "If you will allow me to see my wife I will tell her where to fetch the clock and the coats, and she will bring them here in an hour's time." (In this statement the prisoner said that he bought the articles for 15s. of two men, one named Genner, and the other Ted, descriptions of whom he gave)—it is four miles from Tottenham to Clerkenwell—his wife did not go to fetch the articles.
GUILTY* on the Second Count — Twelve Months' Hard Labour .
Before Mr. Recorder
111. GEORGE JAMES MILES was indicted for unlawfully and maliciously wounding Charles Living. Second Count, for inflicting grievous bodily harm. Third Count, for an assault, occasioning him actual bodily harm. Fourth Count, for a common assault. Fifth Count, for an assault upon Harry Anstey.
MR. WARBURTON (for the prisoner) put in a plea of autrefois convict, which alleged that the prisoner had been already tried and convicted before a Court of
Summary Jurisdiction for the same offence as that contained in the first four counts of the indictment.
MR. BESLEY (for the prosecution) demurred to the plea, as it did not aver that the matter before the Magistrate (Mr. Baggallay) was disposed of in the same of a conviction; that the decision was not accompanied by judgment, the prisoner having been discharged on recognisances for good behaviour only, and was not required to come up for judgment. This plea, therefore, was in fact only a plea at bar, and in support of this contention he refers ed to the case of Hartley v. Hindmarsh (Law Reports 1, Common Pleas, p. 553).
MR. WARBURTON contended that Hartley and Hindmarsh was disposed of by a later statute, viz., the 24 and 25 Vie., c. 100, sec. 45, which must be read with the second sub-section of section 16 of the Summary Jurisdiction Act of 1879, the 42 and 43 Vie. This gave the Magistrate an increased power, and might be termed an addition to the 24 and 25 Vie, and from which it was clear that there had been a conviction within the meaning of the statute. He referred to Reg. v. Elrinqton, 31 Law Journal (Magistrate' Cases), page, 4.
The RECORDER. The question is, whether the provisions of the Summary Jurisdiction Act would make such a conviction a bar now which would not have been a bar before. It no doubt gives the Magistrate power to convict, but not to give any judgment to discharge on recognisances for good behaviour; it is not quite clear that the effect of it would be to make it, for this purpose, a good conviction. However, I will hear the facts, and reserve the point if necessary.
CHARLES LIVINO . I live at Broadway, Plaistow—I have been acting as agent for collecting rents from about 150 small houses belonging to Mr. Candy, at Canning Town—the prisoner occupied one of those houses, 25, East Road, consisting of five rooms and a washhouse; I believe he occupied it entirely himself; there was no other name on my books—it was furnished—I believe he is a man who was always earning good money; I believe in the engineering line—early in October he owed £9 15s. for rent—I had been calling on him for it, but could not get it—it was a weekly rent of 7s—I heard of his moving his furniture and everything to 5. Garberry Road, which was about half a mile from the house he had occupied—I used to call for the rent every Monday, if not, on the Tuesday—it was on the Saturday following the Tuesday that I found the house empty—I had called on the Tuesday and found him and the furniture there, and on the Saturday he was gone; I asked him for the rent on the Tuesday, but he only insulted me, and said he should not pay anybody—a warrant was prepared, and Mr. Anstey was employed as a broker, and on Saturday at twelve or half-past in the day I went and found Anstey at 5, Garberry Road; he was inside the house—I saw a piano in the passage, and the prisoner by the side of it; Hammond, the policeman, was there standing on the steps; I went to fetch another policeman; I returned with Morgan in about seven minutes—the prisoner threatened he would do for me; he threatened me with a poker, which he had in his hand—I went away again to get a van, and he threatened me again with the poker, and said, "If anyone touches my goods I will do for them'—I got the van, and went to Canning Street Police-station, and came back with Pomeroy and some other policemen—I entered the passage; Pomeroy went in and stood on one side, and called me and Anstey to assist in moving the piano from the passage—the prisoner then struck me over the head—I never
Said a word to him—I was wearing this hard hat; the blow knocked my hat down; you can see the mark of the blow now on my head—there was a deal of blood—but for the hat I think about have had a chance of being killed—I went away to the doctor's, and had it strapped directly, and left my trap and everything to the mercy of anybody—Anstey was about three or four feet from me at the time I got the blow—the prisoner was flourishing the poker when I left—there was a mob of 300 or 400 people there at the time—after I had my head strapped up I found the prisoner at the station—on the following Monday I attended at West Ham—in answer to the charge he said he did do it, and he was sorry for it; it was in the heat of passion—I was in bed for three weeks from this, and was suffering for a month—I was out on the Monday, thinking I was all right, and about three days afterwards I was confined to my bed with a swollen head and face; erysipelas set in—I had never had a day's illness before—I suffered a great deal.
Cross-examined. I have carried on the business of a debt collector ever since I was thirteen years of age—the prisoner pleaded guilty before Mr. Baggallay—I was asked to go into the witness-box and give some account of the transactions—I walked to the Court, a distance of a mile or a mile and a quarter—I was so exhausted I could not tell all the facts; I was so queer I could hardly stand; I was not well enough to state the case—a solicitor (Mr. Atkinson) represented me—I told him all about it, as far as I could—on the Monday after I left the Court I collected some rents and went home, and on Saturday night I sent for doctor—he is not here—it was Dr. Candy—he attended me—prisoner's wife was behind him, or by his side, when he struck me—I was not pulling his wife away from him—the prisoner had paid some money on account—these were accumulating arrears.
Re-examined. £9 15s. was due that day—he afterwards replevined the goods, and paid the £9 15s.
GEORGE POMEROY (police Sergeant K 20). On 26th October Mr. Living came to the station, and I went with him and some other constables to 5, Garberry Road—I saw Mr. Anstey there, and the warrant of distress, and Anstey's licence as a broker—the prisoner was standing in the passage at the end of the piano—his wife was also there—I said to him, "Mr. Miles, this gentleman is a licensed broker; he has a legal document, which is a warrant to seize your goods"—his wife said, "Mr. Anstey has broken in by throwing bricks at the door"—I said, "I find Mr. Anstey in the passage, and I must protect him as a broker from violence"—the prisoner said, "If anyone touches my furniture I will split his head open"—I told him that would be unlawful, and I should have to protect the broker, and if he did he would have to be stopped—he persisted in saying that he would do for anyone who touched the furniture—Mr. Anstey made an attempt to lift the piano, but finding he was unable, asked someone to assist him—I stood on one side, and said, "Mr. Living"—he was closest to the door, and he passed me to assist Anstey in removing the piano—as he approached it the prisoner took a poker from somewhere, reached over the piano, and struck, aiming at both—Anstey was nearest to him, and Living furthest from him—the poker first struck Anstey on the hat—he hid himself behind the piano—then Living received three or four blows—I saw the prisoner give the blows which caused the injury—I looked at Living immediately, and saw blood coming
from his forehead—the first blow knocked off his hat, and the second, I believe, did the injury to his head—a constable seized the poker, and I caught hold of Miles by the other hand, and we detained him, and took him into custody—he said Mr. Living was his enemy, and he would do for him if he entered the passage or touched his furniture—there were a number of people in the street when I took him away, over two hundred—he made about four blows—the third blow, I believe, caused the bleeding.
Cross-examined. I was at the Police-court to give evidence, but was not called—Mr. Atkinson asked me if I was a witness in this case, and I said, "I am"—I had not given him any account of what I had seen.
GEORGE TULLETT (Policeman KR 31). I was standing outside the door of 5, Garberry Road, in company with Morgan and Hammond, when Mr. Living and Sergeant Pomeroy came up—Pomeroy went first into the passage; Living followed him close, and said, "We will now remove the furniture"—the prisoner immediately brought over a poker, and struck Living on the head over his wife's head—it was a very violent blow—he made three or four blows—Anstey stood in the passage by the side of Living—he was near enough to be struck if he had not dodged it—Anstey caught hold of the poker after the last blow, and that stopped it—I assisted in taking the prisoner to the station—I remained in the house afterwards till the furniture was taken away.
Cross-examined. I did not attend at the Police-court.
HARRY ANSTEY . I live at Plaistow, and am in business as Anstey and Son—I have a licence as a broker, certified by the County-court, as usual—on 6th October I received a warrant to seize goods at 5, Garberry Street, belonging to Miles—I knocked five times at the door before it was opened, then the daughter opened it—I used no violence whatever to get into the house; there is no truth about throwing brickbats—about five minutes after I got in I saw the prisoner, previous to that there was a struggle with the daughter; she caught me by the throat—on the prisoner coming down I told him I had a warrant to distrain for the rent, £9 15s—when Mr. Living, came in the prisoner became very violent, and said whoever attempted to move his goods he would kill them—Living went away for a van, and then for some constables, and when we were about to move the piano the prisoner struck out several times with a poker, but I bobbed my head down, and it struck Mr. Living on the forehead, and inflicted a long wound—I take it that he directed the blows at both of us—I saw Living's hat knocked in, and his head was bleeding very much, and there was blood all along the passage; he bled profusely—the prisoner made another blow or two after that; I managed to catch the poker as the blow was aimed at me, and I kept hold of it—the police took him into custody as soon as they could get at him, and that was rather a difficult matter—not a word had been said to provoke him—I fancy he went into the kitchen for the poker, I don't know exactly how he got hold of it—the £9 15s. was paid a few days afterwards.
Cross-examined. The poker was produced before the Magistrate—I went to the Court as a witness—I thought of taking out a summons, but I did not—I was not called, no one was called—I daresay it was over in a quarter of an hour—I had not sent the prisoner any message that he had better clear his things out of his other house.
GUILTY on the first four Counts; NOT GUILTY on the last . The JURY were of opinion that the matter should have rested with the Magistrate's decision. The RECORDER reserved the case on the first four Counts for the Court of Crown Cases Reserved.
Before Mr. Recorder.
113. WILLIAM JONES (25) was indicted for burglariously breaking and entering the dwelling-house of David Isaac Hinge, and stealing therein six coats, two ounces of tobacco, and a looking-glass, his property. Second Count, for feloniously receiving the same.
MR. DE MICHELE Prosecuted. DAVID ISAAC HINGE. I am a retired veterinary surgeon in the army, and reside at Heath End Cottage, Heath End, Farnham, in the county of Surrey—on Wednesday, the 13th November, at five minutes past six a, m. my servant ran upstairs to me and made a complaint, in consequence of which I immediately dressed and went downstairs—I heard my groom calling out, and I at once went out to him, and together we went down over my lawn and meadow, in pursuit of a man who I saw running; in consequence of the morning being so dark and foggy I lost sight of him—I then went for the police, and on returning to the house I examined the outside of it, and I noticed that the window of the carriage-house had been forcibly opened, and someone had been inside the carriage-house—an empty box had been placed under the window, and a rope passed round the window; one of the panes of glass was broken—I also found that a wire gauze of the pantry window had been ripped up about seven or eight inches by some instrument, such as a knife—the kitchen window had been forcibly opened; the woodwork was broken away from the bottom—just outside the window I found six coats, a pair of shoes, and a pair of trousers, which were my property—on going into the house I found the doors of the drawing-room, morning-room, and cloak-room all open—they had been locked the previous evening—in the morning I found my papers lying all about the room—on my desk I had left two letters ready for the post, but without stamps, and those letters were taken from that room—in the dressing-room I found that a small carved wooden box had been opened, and my pipes had been taken from a bracket, and were lying in an armchair, with some tobacco—one pipe was missing, and my tobacco-jar had been emptied—I afterwards identified a pipe and case as my property—the case is marked "D. I. H."—this (produced) is my pipe and case—here is also some tobacco exactly similar to that I lost, and which had been in my jar—I
had heard a noise in the night, previous to my servant calling me—in the cloak-room I found clothes lying on the floor, all over the place—the six coats, the shoes, and the pair of trousers had been taken from that room—these are the things that were found outside the kitchen window—about three-quarters of an hour after I had given information to the police, Constable Halliday brought the prisoner to my house—he was charged with breaking and entering my house.
By the COURT. My servant called me about five minutes past six—I had heard the noise in the early part of the morning, some two or three hours before.
ANNIE DYNES . I am a domestic servant, in the employment of Mr. Hinge—on Wednesday, 13th November, I came downstairs at five minutes past six in the morning—I noticed that all the doors were open—I went into the kitchen, and saw a tall man standing there; he was a similar man to the prisoner—I immediately went up and called my master—just about that time the bell rang—I then saw the man rush by the window of the morning-room—he went in a direction towards the lawn, and I lost sight of him—I then saw the groom, and heard him call out—I afterwards examined the kitchen—I found that the window had been forcibly opened—I had seen the cloak-room door locked the previous day—I found it open; I saw the clothes lying on the floor—I also found the pantry door open, which had been shut, and a rabbit pie had been consumed—there was only a very small piece left when I went to bed, and that small piece was gone—the pie-dish was left.
WILLIAM WILLIAMS . I am groom, in the employ of Mr. Hinge—I was aroused on this morning, about five minutes past six—I came into the cottage, and rang the gate bell—I heard somebody running along the path leading from the kitchen window—I tried to see who it was, but I could not; the gate was too high—the last witness opened the gate to me, and I called my master, and he and I ran after the man across the lawn and the meadow—he was a tallish man, with a black hat on—I lost him in the fog—I then went and gave information to Police-constable Halliday—I recognise this burnisher (produced) as my boot burnisher, by a mark on the back; it had been in the harness-room window on the previous evening; I had used it in the morning, and I missed it—I saw that the kitchen window had been broken, and I saw these six coats and the shoes and trousers lying on the ground—I also identified a small pocket looking-glass as mine; it had been in the harness-room along with the burnisher—I identify the glass by a mark.
JESSE HALLIDAY . I am a member of the Surrey Constabulary, No. 68, and stationed at Heath End, Farnham—about a quarter-past six on the morning of 13th November I was called—I received information, in consequence of which I went to Major Hinge's house—I found that the premises had been broken into—I found these coats lying on a flower bed outside the kitchen window—subsequently I searched the neighbourhood to try and find the prisoner, and about a quarter to seven I met him coming across the fields towards the prosecutor's house—I stopped him, and said, "Where do you come from?"—he said, "From Portsmouth"—I said, "This is not the way from Portsmouth"—he said, "Oh, I have come from Cornwall"—I said, "Where do you belong to?"—he said, 'Battersea"—he said he had left Battersea about five weeks previous—I was not satisfied with his explanation, and
I detained him, and took him to Major Hinge's house with a view of getting him identified by the servants; he was not identified—I found on his clothing some dust and chaff, like that which had covered the window that had been broken into—there was also a blotch of green on the leg of his trousers, which corresponded exactly with that on the fence over which he had jumped, at the bottom of the lawn—I found this burnisher in his side-pocket; the groom identified it at once—this looking-glass was also found on the prisoner later on, after a further search at Farnham—I took him to the Farnham Station, searched him there, and in his pockets I found this pipe and case, which have been identified by the prosecutor as his property—I also found two knives, some tobacco, and a small looking-glass which has been identified by the groom—on 17th November, in consequence of what I heard, I went to a cottage at the back of the Half-way House at Heath End, and I found these trousers concealed at the back of the pigsty; the prosecutor has identified them.
Cross-examined by the Prisoner. The dirt and chaff was on the back of your coat, and the green was on your trousers.
Prisoner's Defence. The servant cannot recognise me as the man that broke into the house; it appears that it was light enough to see that the man had a dark hat on, therefore it was certainly light enough for her to recognise me. If the man saw me once, I flatter myself he would know me again. As regards the things that Major Hinge is owning, I would not for a moment say they were not stolen. I left Portsmouth five days before I came to Farnham, in company with two other men; they went into Aldershot the night previous, and met me at six o'clock the following morning, and they gave me these things. I left them, and immediately afterwards I was apprehended. If I was the man they chased away from the house, surely I would not have gone directly back to the house, knowing that the police were there; it stands to reason that a man who had been there would know that the police would be there.
GUILTY .— Nine Months' Hard Labour. Although nothing was known of the prisoner, the police stated that eight burglaries had recently taken place in the neighbourhood, but none since the prisoner had been apprehended.
MR BROXHOLME Prosecuted.
DAVID NORRIS . I am a boot laster, of Welby Street, Blackfriars "Road—on Sunday, 24th November, at 1. 30 a. m., I was in London Road, and the prisoner stepped out from behind a coffee-stall, and two others came behind me—the prisoner snatched my watch and chain; the other men did not touch me the prisoner ran away; I ran after him, and he turned round, hit me on my face and knocked me down—I got up and ran after him, and shouted "Police!"—I gave him in custody without losing sight of him—my nose was swollen.
running, and three men in front of him; he gave the prisoner in custody—he said, "I am innocent of the charge"—I found nothing relating to the charge on him—the others ran away.
Prisoner's Defence. I saw the prosecutor running, and ran to see what was the matter, and was taken to the station. I am innocent.
GUILTY .—He then PLEADED GUILTY** to a conviction at Newington, on January 1st, 1881.— Five Years' Penal Servitude.
MR. GILL Prosecuted.
MARK JOHN HARRINGTON . I am a master butcher, of 9, Marshall Street, Westminster—some time before last Easter the prisoner called on me, and said he was Mr. Bloxham, a solicitor, and he got up these cases, and got money for the next-of-kin, and I was entitled to £9,000 or £10,000 from my father's uncle, deceased, and offered his services, provided I paid for the certificates; and he was to have 5 per cent, on the amount recovered—I had several interviews with him, at one of which he produced this paper (G), for which I paid him 7s. 6d. "The next-of-kin to William Harrington, who died on January 2nd, 1889, are requested to apply to the Solicitor to Her Majesty's Treasury, Whitehall, London"—I saw the prisoner on April 18th, and saw him draw up this agreement. (By this the witness agreed to pay the prisoner five per cent, on all money he recovered, and the prisoner agreed to give his time and knowledge without further charge)—I signed it and got it stamped—he wanted the birth and death certificates of all the members of my family—he asked for 11s. 2d., which I paid him, and got this receipt. (Dated April 8th, 1889)—I saw him again on May 1st, and paid him 12s. 2d., and got this receipt; and on 3rd May I paid him 11s. 2d., and got this receipt—I paid him several other sums after that for more certificates—he then said that a cousin of mine was bankrupt, and he could not go on unless he proved it, and that would be a guinea—I gave him the guinea—he then said that he must employ a broker to sell the stock which the money was invested in, and he should have to pay the broker £2—I gave him £1, and he said he would stand half—I afterwards paid him £1 towards the expenses of counsel to plead at Yearmouth—I also paid him for a power of attorney, I forget how much; also 10s. 6d. for a caveat—he made an appointment for the family to meet him at the Bank on the first Thursday in August, to receive the money, as the Treasury had sent the papers to the Bank, but afterwards sent a letter putting it off—after that the prisoner drew up a mortgage to raise £300 on the security of the estate, as we had to wait some time for the money, for which I paid him 7s. 6d.—he asked me to sign it, and said he would give me a cheque for the money, but I refused, and told him I should have further advice from a solicitor—he left, and I did not see him again till he was at the Police-court—I parted with quite £15 altogether.
Cross-examined by the Prisoner. You said that the estate was in Essex, and that you had been to a great many Harringtons, but I was the right Harrington—I met you when you professed to be coming from the Treasury; you were coming from the door—we went to Somerset House and searched the books to see whether administration had been taken
out—the mortgage is not the same as the agreement, because it says that we shall pay five per cent, on the £300 every 1st of January, and you agreed to advance the money, and that there should be no further expense.
CHARLOTTE HARRINGTON . I am a sister of the last witness, and am single—I live at Vine Terrace, Plaistow—on 7th May I received this letter from the prisoner. (Stating that he should be glad to represent her on the same terms as her brother)—I wrote him a letter and sent him 5s. 7d. for the certificate of the affidavit—on May 7th I got this other letter. (Acknowledging the receipt)—after that he called on me; he said he was a solicitor, and that things were going on very satisfactorily; that the deceased was my father's uncle, and I was next-of-kin, and the estate was worth about £10,000—he brought me a declaration, for which I paid him 3s. 7d.—he called on me a great many times afterwards, and I sent him other sums from time to time—I parted with nearly £4 altogether—I paid him all the sums over again for certificates for the Bank of England, because they had to be satisfied—I believed all his statements till I got the mortgage paper; I did not believe that—I was to go to the Bank of England to receive the money—I then received a letter from him, stating, "I am sorry to inform you I am not able to get the certificate of your brother having died at sea; will you kindly inform Mrs. Dillaway and Mrs. Some?"and I telegraphed to my sisters, or they would have come to town—he brought me this mortgage paper, for which I paid him 7s. 6d., and 11s. 6d. for my sister; and my other sister who was with me paid the same—I believed he was in a position to obtain an advance of £300—he then wrote me this letter: "Madam, I send you a copy of the mortgage. If you object to anything, mark the same and I will have it altered. Please let Mrs. Dillaway see it"—I paid for two sets of certificates, one for the Treasury and one for the Bank of England, and one when I changed my address.
Cross-examined. I said that I could go to any money-lenders and get what I wanted.
ANGELINA AUGUSTA EBERS . I am a widow, of 243, New North Road, Islington—I am no relation to the Harrington family—the prisoner called on me early in September, and said he was a solicitor, Mr. Bloxham, and asked if I was Mrs. Ebers—I said, "Yes"—he said, "The wife of John Ebers?"—I said, "Yes"—he told me my husband's family had come into a large amount of money in Berlin, £20,000 altogether, and my share would be £1,000, and he supposed I should be satisfied—I said, "Yes, that I shall"—he wrote out this agreement in my parlour, and I signed it. (Dated September 9th, agreeing to pay 15 per cent, on any money the prisoner might recover for her.)—I paid him 1s. 9d. for identification, and 1s. 9d. for an agreement, and five or six days afterwards 5 s. 7d. for a certificate of birth; I told him I had been to Somerset House, and got it, and then he said he had got it—I said, "It cost me 3s. 7d.; you want 5s. 7d.; what is the other 2s. for?" but I paid him, and the same sums for Alfred Ebers, my brother-in-law in Malta—I also paid him 10s. 6d. for a power of attorney for my brother-in-law—I paid him altogether about £2—he said we were all to receive the money on a Thursday in October, and I was to make an arrangement for the family to meet at my house—the prisoner came, but not on the day he was to bring the money; he came on the Saturday, and said as he had
not got the power of attorney; he ought to have a declaration paper—I said, "I have no more money"—he said he would pay it if I would pay 10s.—I said, "No"—he said, "I will lend you 6s. 10d., "and told me to go and borrow the rest of my lodger—I refused; he went away, and I have not seen him since.
Cross-examined. You said you had been to Mr. Harvey; he may have been a relation of my husband, and that he told you where I lived and the others, and you went to them, forty-one in family, all of whom you have had money from, and they are all poor working people—you showed me a list of my relations.
MRS YOUNG. I am a widow, of 20, Bishop's Road—the prisoner called on me, and said he was a solicitor, and he came about £16,000, which he was going to take up for me, from some relative on my father's side—I paid him 3s. 6d. for two certificates of identification—he called again on September 6th, and I gave him 5s. 7d. for a certificate of my birth, and offered him my marriage certificate; he said it was of no use—I afterwards paid him 7s. 6d. for a preliminary drawing of £300, which I should get in a few days—I also paid him 2s. 7d., and other sums—I never saw him again till he was at the Police-court.
CHARLES HENRY ERNEST FLETCHER . I am a solicitor, and am a clerk in the Solicitors' Department of the Treasury—I produce advertisements inserted by the Treasury Solicitor on 16th March, 1889—I have compared them with the paper marked G, and with the exception of one or two omissions, one is practically a copy of the other—any communication with regard to the property in question would come to my knowledge—no communication with reference to it has been made by the prisoner to the Treasury—it is not true that the Treasury was satisfied with the identification of Harrington, or that any money was transferred to those people.
Cross-examined. I never saw you till at the Police-court—the fund came into our hands first of all, but we were satisfied that other claimants were entitled to it—other claimants are taking out grants now.
Re-examined. Every letter we receive is put on the file of the case, and a note would be taken of callers—I have searched the file, and I do not find the prisoner's name.
WILLIAM JOSEPH INGOLDSBY . I am a clerk at Somerset House—a record is kept of all applications made there—no application was made by the prisoner for a certificate of the birth of Harrington, or Evans, or Young, or any members of either of those families.
THOMAS CLOKE (Police Sergeant W). I have had charge of this case—on 9th November I arrested the prisoner at Dulwich on a warrant—I read it to him—he said, "They have their agreement papers, explaining how I took the business on; I cannot understand this"—I said, "It is alleged that you have represented yourself to be a solicitor"—he said, "I never have represented myself to be a solicitor"—I took him to the station, and he was charged—I have searched the Law List, also the roll of solicitors for thirty years—there is no truth in the statement that he is a solicitor.
GUILTY .— Five Years Penal Servitude.
MR. GILL stated that the prisoner had pursued this course of fraudulently obtaining money, for years, chiefly from poor persons, amounting to about £500.
Before Mr. Common Serjeant
MR. WILKINSON Prosecuted, MR. HUTTON Defended.
FREDERICK LEE . I am manager to Mr. Lee, a draper, of 136, St. John's Hill, Battersea—about May 9th the prisoner came in and bought something, but I don't remember the article now—she paid me with a counterfeit florin and a farthing—I gave her the change, and she left—I put the florin in a pigeon-hole at the side of a desk—Miss Sawyer afterwards called my attention to it; I examined and found it was bad—I kept it till the 20th, and then gave it to a constable; this is it—the prisoner entered the shop again on the 20th, and I recognised her; she bought a yard of frilling, price 4 3/4 d., and paid with this florin and farthing (produced)—I was waiting to see what the coin was, and bit it, and found it was gritty—I told her it was bad—she made no reply—I told her that she had tendered another, ten days before in the same manner, and unless she made the former one good I should give her in charge—she said, "How do you know it was me?"—I said, "I am positive"—she said she should not make it up, and I gave her in charge.
Cross-examined. I put the first coin on the side of the desk, and my assistant saw me put it there, and I am sure this is it—the prisoner is an ordinary-looking woman—I saw her again ten days after the first uttering—she did not then say, "I am very sorry, but I have taken it in change myself"; nor did she offer me another—I did not say, "If you don't give me two half-crowns I shall give you in charge"—I said, "If you don't make good the amount I shall lock you up"—she did not reply, "I should not think of giving you 2s. for what I never gave you"—she said she did not care if she was locked up—I told the inspector at the station that she had passed off a florin before on me—he told me to go and fetch it, and I was away an hour—when I went back I said that I did not find it myself, but my assistant did—she was the only customer in the shop on the first occasion—the florin was there just about a minute before my attention was called to it.
ADA SAWYER . I am assistant to the last witness—the shop is kept by Thomas Lee—about ten days before May 20 I called Mr. Frederick Lee's attention to a coin on the edge of the desk, but before that I took it up with the farthing to put it into the drawer, and saw that it was bad—I had seen him serving a customer, and saw him put the money on the ledge; from that time it was not touched by anybody till I took it up—no other customer was in the shop, and I called his attention to it not more than a minute after she left—I saw him examine it—I was there on the 20th when the prisoner came in, and have no doubt whatever that she is the person who was there ten days before.
Cross-examined. Mr. Lee never noticed that it was bad till I called his attention to it—there was about a fortnight between the two occasions.
GEORGE MEECE (Policeman V 317). On 20th November Mr. Frederick Lee called me to the shop, and said, "I give this woman in custody for passing counterfeit coins; she passed one about ten days previously, "and showed me two bad florins—the prisoner said that it was a fortnight or three weeks since she was there—I took her to the station—she said she was innocent of passing the first coin—I received from the female searcher a good half-crown and florin and 1 1/2 d.—Mr. Lee handed me
one florin, and the inspector sent him for the other—the inspector marked one and I marked the other.
Cross-examined. I have made inquiries, and cannot find anything against her.
JANE WALSTENCROFT . I am female searcher at Battersea Road Police-station—I searched the prisoner, and found a good florin and half-crown, and three halfpence, all in a purse—I gave them to the inspector.
GUILTY of the Second Uttering. She received a good character— Four Months' Hard Labour .
118. JOHN PHILLIPS (30), HENRY WILLIAMS (30), and LOUISA CARROLL (21) , Burglary in the dwelling-house of Alfred Edwards, and stealing a pair of links, a brooch, and other articles, Phillips having been convicted at this Court in 1888, to which Phillips and Edwards
PLEADED GUILTY .PHILLIPS— Twenty Months' Hard Labour. WILLIAMS— Eighteen Months' Hard Labour .
MR. GILL offered no evidence against Carroll
NOT GUILTY .
119. WILLIAM HOLGATE (30) , Burglary in the dwelling-house of Herman Gadge, at Weybridge, and stealing a clock, two dozen plated spoons, two blankets, and other articles, the property of the Oatlands Park Hotel Company.
MR. DE MICHELE Prosecuted
JAMES LAST (Police Inspector W). I am stationed at Brixton—about half-past nine in the evening on Wednesday, the 4th of December, the prisoner came to the Brixton station, and said, "I wish to give myself in custody for a burglary I committed two years ago"—I said, "Sit down for a time"—I then told him that anything he wished to say to me I should take down in writing—I did not tell him what would be done with it—I wrote down what he said at the time; I took it down at his dictation, and then read it over to him—this statement (marked A) is what I took down at his dictation—(Read: "Statement of William Holgate, no home, who came to Brixton Police-station at 9. 30 p. m., on 4th December, 1889. I, William Holgate, do voluntarily give myself into the custody of the police at Brixton Police-station, and say that I did in October, 1887, about the middle of the night or early in the morning, break into the Oatlands Park Hotel, Walton-on-Thames by opening the window of the smith's shop at the rear, thence through the folding doors to the laundry, and so into the hotel. I took a marble clock, five plated teapots, four or five sugar-tongs, about two dozen plated spoons, and two blankets from the still-room and laundry. I sold the clock for 10s. at a broker's shop in Spring Place, Wilcox Road, South Lambeth, the same day. I will not say where I disposed of the other property. I knew the way into the hotel, as I had been employed there as kitchen porter. The manager of the hotel was Mr. Humphries. I was by myself when I committed the burglary.—W. HOLGATE"—he signed that in my presence—I read it after he wrote it, and then he signed it; I read it before he signed it, and then he signed it in my presence.
By the COURT. The shop has been closed for six months, and the people have left; I have made every endeavour to find them.
By MR. DE MICHELE. In consequence of the statement he made I detained the prisoner and communicated with Superintendent Rengard, of the Chertsey Police, the following morning, and afterwards handed the prisoner over to the Surrey Constabulary at midday the following day.
GEORGE BOON . I am a sergeant of the Surrey Constabulary, stationed at Weybridge—on the 8th October, 1887, I received a communication from the manager of the Oatlands Park Hotel, Walton-on-Thames, that a burglary had been committed—I ascertained that the prisoner had been in the employment of the company—I knew him as being in the employ of the company in 1886—on the 22nd October, 1887, the prisoner was on remand at Holloway, and I went there to see him—I saw him with other prisoners there, and picked him out as the person who was in the employ of the Oatlands Park Hotel Company in the year 1886—a knife was shown to me at Brixton, and the stamp of the Oatlands Park Hotel was on the blade—it was alleged to have been in the possession of the prisoner—I saw it on October 22nd, 1887; the prisoner was then at Holloway Prison, on remand, charged with a burglary at Brixton.
HERMAN GADGE . I am manager of the Oatlands Park Hotel Company, Walton-on-Thames—I was in the employment of the company in the year 1887, and on the morning of 8th October that year, I found that the hotel had been broken into and a marble timepiece and a table-cloth were missing out of sitting-room No. 11—that was all we missed at the time; but afterwards we missed some teapots and blankets—an entrance had been made through the smith's and engineer's shop, which is in the rear of the premises—the sitting-room from which we missed the marble timepiece and table-cloth is not near the smith's shop; it is at the other end of the building—I gave information to the police—the prisoner had not been there when 1 was there; he was discharged in 1886—when he states that he was a kitchen porter there, I can verify the fact—he was there from July to December. (Referring to the book).
MR. DE MICHELE here put in the following written statement by the prisoner, in contradiction to his former one. Read: "Wednesday, December 11th, 1889. Gentlemen of the Court, Sir, The reason of my giving myself up to the Brixton police for burglary at Oatlands Park Hotel was to bring my case before the Gentlemen of the Court. Two years ago I was charged at the Old bails for attempted burglary at Villa Road, brixton. I pleaded guilty, but I was starving with hunger at the time, as my unkle used to live in Villa Road, and I went to see if I could get some food: my unkel is H. W. Brand, esq., maker and inventor of brand's essence of beef and sauce. His private address is no. 1, Omega. Cottages, Hornsey rise. I have wrote to him since I have been remanded, to ask him if he would give me a little assistance to get work, but he refused to answer my letter. I have been sleeping where I can for the last fortnigt, and the cold almost killed me; and feeling so miserable I thought I would give myself up for burglary to get a bit of food; but the only light I can throw on the burglary is, I met a watter who used to work their, and he gave me a pint of beer and some bread and cheese, and he says, 'hears a knife for you' and it had on 0. P. Hotel. I asked him where he got it from, and he says he brought it away with him from the Hotel. After the judge gave me a good talking
to he discharged me, hoping it would be a caution to me, and then I wrote to the manager of the Hotel, telling him I would tell him who gave me the knife if he would see me, but I got no answer from the letter. I met the same watter about three months ago, and he toled me he broke in Oaklands Park Hotel and Stole a marble clock, and sold it in wilcox Road, wandsworth Road, at a broker's shop for ten shillings. I have been trying ever since to get a Honnest living, but I give myself up on this falce charge to ask some gentlemen of court to assist me to get work, as I was in such a distented Concition. I can prove were I was on the night of the 7th of October, '87. I was in the royal artillery, wolich. I hope some kind gentleman of the court will have the kindness to give me a pair of boots, as my feet is on the bair ground.—I remain yours Obed. Servant, W. HOLGATE."
Prisoner's Defence. Gentlemen, the reason I gave myself up on this charge of burglary is that I was destitute and starving. After I got off on the other charge, the Judge gave me a good talking to, and said he hoped it would be a caution to me. Ever since I was discharged from the Army, I have been trying to do my best to get an honest living, but I cannot do it. My uncle is in a very good position, Mr. Brand, of Hornsey Rise, but he refuses to answer my letters; any gentleman can write to him.
NOT GUILTY .
MR. RAVEN Prosecuted.
FRANK HURST . I live at 131, Lower Kennington Lane, with my wife and family—on 8th December, about 9 p. m., I had just got out of bed; I am a night foreman—I heard a noise outside at the front door, and spoke to a little girl, my wife's sister, who went out, and presently I heard her voice, and went into the front room, and saw the window partly open and a woman just going out at the forecourt gate—I followed her more than three hundred yards, and gave her in charge—she said, "You have made a mistake; are you my son-in-law?"—I said, "I should think not"—the constable took her back to my house, and I found the window thrown up eighteen inches, and one curtain outside partly on the ground, and the stick which it had been hanging on wrenched down—I saw the window shut at one o'clock in the day when I went to bed.
Cross-examined by the Prisoner. I saw you going out at the gate, and you were never further from me than the length of my stick—you had had some drink, but you were not drunk—you said, "Was it likely you would do a thing like that with 25s. in your pocket?"
EMMA VYNE . Mr. Hurst is my brother-in-law; I live in his house—he spoke to me at a little after nine o'clock on this night, and I went into the front room and saw the prisoner's left arm through the window, and she was just getting her head under the sash—I called out, and my brother-in-law came and went out at the front door—there was no light
in the room, but there was in the kitchen, and another in the street just opposite.
ROBERT TANNER (Policeman L 244). The last witness made a statement to me, and I went after the prisoner—the prosecutor was close to her; I took her back to the house—she said, "All right, I will come with you; what are you taking me for? I do not know what you mean; I shan't go with you"—I said, "You will have to come with me"—I found a pane of glass broken and one curtain pulled partly outside—I took her to the station.
THOMAS PAGET (Police Inspector L). I was on duty when the prisoner was brought in, and took the charge—she had been drinking, but was far from drunk—when the charge was about to be entered she said, M Can I say something to you?"I said, "Yes; but what you say I shall take down in writing, and it may be used against you"—she made this statement, which I took down, and she signed it—Read:"I was walking along the road when the prosecutor tapped me on the shoulder and said, 4You hare entered my front window.' I said, 'Sir, you have made a mistake, I am not the woman' He said, 'You are.' I said, 'I am not.' He said, 'Are you not the woman I offered a shilling a little while ago?' I said, 'No, you make a great mistake; I am a married woman, and do not know you. '"—she was then charged.
Prisoner's Defence. I was drinking, but I did not go to that man's house; he met me in the street, and tapped me on my shoulder.
GUILTY of entering, with intent to commit felony. She then
PLEADED GUILTY** to a conviction at Middlesex Sessions in August, 1876.— Nine Months' Hard Labour.
121. JOHN JAMES CROFT and ALICE KEMP , Unlawfully and maliciously pulling down and severing from the Colby Arms certain fixtures. Second Count, committing damage and injury to the premises exceeding £5.
MESSRS. BESLEY and BODKIN Prosecuted; MESSRS. GEOGHEGAN and HUTTON appeared for Croft, MESSRS. FULTON and WARBURTON for Kemp. GEORGE LOBAINE HAWKER . I am one of the firm of Baily, Adams and Hawker, solicitors to Courage and Co., Limited—on 9th August, 1888,1 was present at the change of the Colby Arms, Gipsy Hill, when it was transferred from Miss Florence Taylor, who was the licensed holder, under a lease of which" seventy years was unexpired—that lease was assigned on 9th August, 1888, to Croft, in consideration of £4,600—Courage and Co. were also parties to the assignment; Kemp was no party—the assignment does not pass the fixtures and fittings—of the £4,600 consideration money, £3,500 was paid to Courage and Co. on their mortgage debt, and the balance to Miss Taylor—Croft found the whole of the money in one way and another, so far as the assignment was concerned; Courage and Co. advanced some part of it, but the difference between the £3,500 and £4,600 did not come from them. (The assignment deed was here read)—the next step in the change was the execution of the mortgage deed by Croft to Courage and Co. (By this mortgage, in consideration of'. £3,500 paid by the company to the mortgagor, Croft, the latter covenanted to repay the interest on the money, and demised to the company the
public-house and premises, with their fixtures, fittings, and appurtenances)—there is no schedule setting out the fixtures—an inventory of the fixtures and fittings would be made at that time, as between Taylor and Croft—Croft would pay for the fixtures; they were valued, and he would pay to the previous tenant the price according to the inventory at the change—this is the inventory of the fixtures and fittings, the value arrived at in it was paid by Croft—there is no mention of fixtures and fittings in the assignment, which only assigns the lease and goodwill; that is the usual practice—the fixtures and fittings became Croft's by his payment to Taylor; he mortgaged them the same day to Courage and Co., Limited, in consideration of the advance of £3,500—the previous mortgage by Taylor to Courage for a similar amount was paid off at the change: no money passed, in point of fact—the mortgage was renewed to Croft—in this original inventory the balance between £3,500 and £4,600 is made up of a sum of £1,035, and there was a note at the side, "Croft, £835; Mrs. Kemp, £200"—that has been blotted out since the document was at the Police-court—I forget if the figures were there at the Police-court, but I remember a note as to how the money was found—when the case was dismissed by the Magistrate, I believe this document was returned to the defendants; it has not been under my control since; I believe it is returned this morning through the defendant's solicitor—it is an inventory of all fixtures and fittings, including trade fittings in the house—Croft continued as a customer of Courage and Co. from 9th August—his payments in respect of interest for the £3,500 were kept up fairly—on 5th July a demand was served on him for £3,688 9s. 2d. for interest and beer account—that demand was not satisfied, and we issued on 13th July a specially endorsed writ against him for the recovery of that sum—on 6th August we recovered judgment in terms of the claim—under it the Sheriff was instructed to take possession; he afterwards communicated with us—I went to the house on 9th August, 1888, at the time of the change—I then saw the fixtures and fittings in their ordinary condition—the house was apparently ready for use as a public-house—there were Venetian blinds to the windows, a beer-engine fixed,. a pewter counter top, spirit taps, benches round the club-room, gas brackets, bell-pulls, handles to the doors—I was present on 4th September at the subsequent change to Mr. Green, when Courage and Co. were selling under the mortgage powers.
Cross-examined by MR. GEOGHEGAN. Mr. Thornton acted as a broker at the change, but not for Courage and Co.—sometimes he acts at our changes, not more usually than others—I could not say for certain if £1,035 was the actual cash paid down—£3,500 remained on mortgage; no part of that was paid in ready money—of the £1,100, I believe part was borrowed from the distillers and part from friends—£1,035 ready money was paid by Croft when he went into this house—that was not for the fittings of the house, but for loose things; the broker could tell you what they are, I cannot—the £1,035 is not the price of the fittings and fixtures only—I will not swear every one of the fixtures is not paid for in that sum—part of the £1,035 covers the fixtures—I instructed Mr. Besley at the Police-court, where a charge of larceny of these fixtures was first preferred against the prisoners—the Magistrate heard the case for three days, and dismissed it—the builder and his foreman, who made good the damages, and one other witness here to-day, were not
before the Magistrate, I believe; we did not consider the case was thoroughly sifted out then—I don't know if Mr. Johnson got the licence for this house from Newington Sessions about three years ago—I think there have been three or four tenants in the house—the collector who is here knows more of the house than I do—I know nothing about the former occupants—I do not know why Miss Taylor sold the house, except that she got a purchaser—I don't know that she, the prisoner, and Saunders were ruined by going into the house—all the articles we charge the prisoners with damaging are charged in the £1,035, which Croft paid; they are included in this inventory D—he damaged articles which he had paid for, but which he mortgaged afterwards—fittings, fixtures, etc., are not included in the schedule to the mortgage—under the word fixtures, tenant's fixtures pass—the public-house is mentioned in the schedule, the fixtures are not—there is no separate schedule under which these things pass to us—if they were landlord's fixtures there would be no need to mention them—the surveyor will speak to the damage.
Cross-examined by MR. FULTON. Mr. Addison is our managing clerk—he was permitted to swear the information before these proceedings were commenced, without the special knowledge of each detail of it, by any member of our firm—I believe it was settled by Counsel—sometimes Mr. Thornton, of 15, Coleman Street, is Messrs. Courage and Co 's agent, and acts for them in selling public-houses—I am not aware that Kemp left her address at Whitstable before she went there, with Mr. Thornton on 3rd September—I saw the information—I don't repudiate the statement in it that she had absconded—I have since ascertained she is a Whitstable person—she was arrested there—Mr. Besley opened the case before the Magistrate, who refused bail with regard to the man—after all the witnesses had been called the Magistrate refused to commit the case for trial—under the word fixtures in the mortgage-deed only tenant's fixtures pass—the mortgage was not registered as a bill of sale—there was no schedule to it setting out the fixtures.
Re-examined. Mr. Thornton made the inventory; he was acting either for Croft or Taylor, and Mr. Briggs represented the one Thornton was not acting for—this shows what the purchaser would have to pay, subject to deductions for rent, taxes, etc.—the balance is £1,035 16s. 6d.—Craft's £835 was treated as cash; I know nothing about how it was raised—I saw cash on the table, I don't know how much—indirectly all had been paid to Miss Taylor but £335, and that was the balance of the purchase money to which she was entitled after all encumbrances on the property had been paid off—after all that was settled Croft made the mortgage the same day—the inventory was made before—I have never known an instance of a whole inventory being set out and scheduled—at the time of issuing the writ about. £160 or so was due besides the mortgage capital sum—this estimate of the loss of replacing fixtures and making good damage, etc., was made for the incoming tenant; we had to allow him £170 for it to make good the damage—throughout I have acted under the advice of Counsel—the day before the warrant was issued Thornton asked me if I knew Croft's address, because he wanted money out of me—this case was opened before the Magistrate as one of wilful damage to the fittings of the house, and wilful damage exceeding £5—no misrepresentation was made, to my knowledge, before the warrant was obtained—fixtures of the house were taken away, and we got a warrant for
stealing—Kemp was allowed out on bail next day; Croft's bail was refused.
TEMPLE SEVERLEAR MARTIN . I am clerk at the Police-court—the warrant against the prisoners was for stealing, and I think the case was opened as one of stealing and wilful damage—I think on the day of the dismissal there was discussion as to the stealing—D was one of the exhibits returned.
Cross-examined by MR. GEOGHEGAN. Mr. Besley opened the case fully—I believe the whole case was before the Magistrate to the last.
Cross-examined by MR. FULTON. He declined to commit—I have had twenty-six or twenty-seven years' experience of Police-courts—there would be a great difference as to whether a warrant were granted between an application for felony and one for doing wilful damage; a warrant would be much more likely in the former case—if the information did not contain a paragraph that it was believed the person had absconded we should not, as a rule, grant more than a summons—Mr. Addison's information in this case said, "I am satisfied a summons would not be obeyed by them, and I believe the interests of public justice require that a warrant or warrants should issue. "
Re-examined. Both charges were gone into on the two occasions before the Magistrate.
WILLIAM SAMUEL CHESHIRE . I am collector to Courage and Co., and live at 57, Breakspear Road, Brockley—on 9th August, 1888, I was present at the change of the Colby Arms—Kemp and Croft were there—they went into occupation—I saw the house at the time—the fixtures and fittings were just as usual—I called there every twenty-eight days for the purpose of collecting—I saw this card, "Colby Arms, Kemp and Croft, wine and spirit merchants, "etc.—I have seen Kemp there, attending to the business—on 15th July the fittings were as they had been in the previous August, as far as I could see—during the early part of my visits the cheques paid to me were signed by Croft only, afterwards they were signed by Croft and Kemp, upon a joint account—I heard of the legal proceedings under the mortgage—about 17th or 19th August this year Kemp called on me at the brewery, and told me the Sheriff was going to take possession under a judgment on the following Tuesday, 20th August, and asked if we could give her a longer time, as they might be able to sell in the meantime; they had one or two people inquiring about the house—she said Croft was ill, or he would have come with her—I said we had already given them so long to find a customer, we could give no further time—she called again on the same day with Mr. Worrall, I believe, and after conversation we agreed to give a week's longer time—I did not see her again till she was at the Police-court—on 4th or 5th September the premises were taken by a new tenant, Mr. Green—I was present at the brewery when the arrangement took place—an allowance of £170 was made to him—when I called from August, 1888, to July, 1889, there was a large pendant lamp outside the principal entrance at the corner of the house—I have seen it since; I know it was put up again.
Cross-examined by MR. GEOGHEGAN. Mr. Johnson, a builder, bought the house fully licensed; I cannot say from whom—I do not swear Johnson did not get the license; I do not know when the license was granted—I think Courage and Co. first became the brewers to the house,
three or four years ago—I know nothing of the house before Johnson came to us—I know no Mr. Saunders in connection with it—during the last three years Johnson, Taylor, Kemp and Croft have had the house—Thornton occasionally acts for us, more often for the customer; we have no regular broker—I believe Thornton was Taylor's broker—our solicitor acted for Courage and Co. when she came in—Johnson stayed four to six months in the house; Miss Taylor stayed about twelve months, I think—she gave no reason for leaving—I don't know if a man was sold up for rent in 1887—I don't know why Johnson sold the house—I believe he made a profit out of it—I do not know that it was a dead loss to every man who had it—I heard Croft say he had acted under his solicitor's advice, mentioning his name—I have not seen Mr. Worrall since.
Re-examined. I know nothing against Johnson's character—I should think Johnson did about forty barrels a month, and, as far as I know, other trade in proportion—it was a profitable public-house, as far as my judgment goes—the whole of this inventory was made by Thornton, on Miss Taylor's behalf, I believe.
EDWARD FAUX . I am surveyor to Messrs. Courage and Co., Limited—after September 2nd, when Matthews, the Sheriff's officer, had obtained entrance to the premises, I went over them—this document (D) was prepared by me, and used for the purpose of making the allowance of £169 17s. 4d. to Mr. Green—I had nothing to do with the actual repairs—on 5th September all the Venetian blinds had been removed; I am not quite sure if one was left; all the bell-pulls, levers and carriages had been removed, the wires had been torn and cut off; the door handles and finger-plates had been removed in nearly every case; a few brass fittings had been left on the locks downstairs; by the clean state of the paint underneath I judged the finger-plates had been recently removed; the fixed benches against the wall of the club-room had evidently been removed recently, and the supports had been cut; the pewter cover of the bar had been completely stopped off; the woodwork was there; the pipes leading from the beer-engine to the cellar had been removed; some of the drawers were missing; the lamp outside the door had been removed; only the bracket was there—I saw no cutting of water pipes—where the fittings had been removed it seemed to have been done hastily, and the walls to have been damaged.
Cross-examined by MR. GEOGHEGAN. I received instructions from Courage and Co. before I gave evidence at the Police-court—I was several hours going over the house—I heard that to make, the case triable by a jury the damage to the walls of the house must exceed £5—I did not then estimate the total damage done to the walls and ceilings of the house at £1 9s. 6d.—in my estimate I have "Making good lath and plaster in lavatory, 5s.; making good dado in public parlour, 2s.; making good cupboard in bar, 2s. 6d.; new centre flower in billiard-room, £1"; those amount to £1 9s. 6d. and that is about the figure, but my price for the fixtures included the making good round them—"a gas-bracket and fixing" includes the pipes which were cut and the torn paper—the items for making good the injury done to the walls are mentioned in some instances, not in others; for instance, I could not include the dado in anything else, and so I have charged half a crown for it—I thought the whole damage came to about £7—I certainly say it was worth £5 to make good the damage to walls
and ceilings; I should say it is over £5—it could not be done for £4 15s., putting it at a fair price—I do not think it could be done for under £5, rather over than under—I have no bill for repairs to walls and ceilings—I could not give the date when I was told that for the case to come before a jury the damage must be over £5; it was after I was examined at the Police-court—the solicitor asked me to fix a price for the damage to the wall, and I fixed it about £7 10s.; he mentioned that my estimate must come to over £5—he asked me to fix a price, and in conversation my suggestion was to fix it as low as I could; I said £7 10s., and he said it must come to more than £d—he asked me the value, and I gave it him, and then he mentioned the fact; this is the very lowest I put it at—I did not wish to put it lower, nor did he say I must put it at £5.
Cross-examined by MR. FULTON. I was one of those who swore the information—I have never seen Thornton to my knowledge.
Re-examined. The damage through stripping off the pewter counter is £13 10s.—although special items of repairing damage in account D amount to £1 19s. the incidental damage is included in the word "fixings"—I think £7 10s. is very moderate for it—the bells were not taken off carefully, but in a hurry—the pipes were cut down in the walls, sometimes so that they cannot be joined properly, and the plaster is damaged and the paper cut; there is every sign of their being taken hastily—when I prepared D I had no idea of the charge to be made against Croft, I only wanted to know what Courage ought to allow—it includes £7 10s. damage to walls and ceilings, and £13 10s. damage to counter.
DANIEL MILES . I am a builder and contractor, at 98, Choumert Road, Peckham—early in September, 1889, I received instructions from Mr. Green, of the Colby Arms, and I went over those premises and made a specification of the builder's and decorator's work necessary to be done—I went alone the first day, and with my foreman another day—I entered into this contract with Green to do the repairs for £69 10s.; the items are specified—in addition to that sum I had to supply fittings and make good plaster, to the amount of about £30—those sums did not include pewterer's, gasfitter's, or plumber's work—I found locks, bolts, and handles of doors were gone, bells and wires taken away—the wires had been in tubes, which were left there—the plaster of the walls and the paper was damaged by taking away the bell-pulls and other fixtures—the centre flower of the billiard-room had been taken away by taking the gas bracket down—the pewter of the bar was stripped away—in the club-room I noticed marks on the wall, where apparently there had been a seat, and the wall was damaged by taking the seat away—the work was done to the premises under my foreman's superintendence; it took about six weeks altogether—the house was not fit for a public-house till the work was done to it—I worked for the present occupier, Mr. Green.
Cross-examined by MR. GEOGHEGAN. "We bought a centre flower-piece for the ceiling ready-made for half-a-sovereign, and stuck it up with screws; 5s. would pay us handsomely for that—I have not seen Mr. Faux's estimate—I should never charge £1 for the centre flower-piece and putting it up—it sometimes depends what percentage we put on—the bells had gone, I am sure. Re-examined. The light over the billiard table was gone—I had
nothing to do with the counter or gas fittings—I charged as low as I could—Surrage attended to the matter.
JAMES BENJAMIN SURRAGE . I am a foreman, employed by Mr. Miles—I have had practical experience for forty years—I superintended the repairs to the Colby Arms under this contract—when I went I found the place in a state of dilapidation, not through fair wear and tear—the bellpulls were not there, the wires were drawn from them, the cranks and bells were gone; the Venetian blinds, the lights for the billiard-table, the lamp outside, the benches in the club-room, and the greater part of the fittings were gone—the removal of the fittings had damaged the walls and ceilings—the pewter top of the counter had gone—I should think that the damage done to the fabric of the house by the removal of those things, taking into account the damage to paper, walls, and ceilings, was between £60 and £70, for labour and house decoration—I was there doing work for five weeks, or a little longer—the decoration I speak of would give him a nicely doneup place—I have not reckoned what it would have cost to merely make good the damage—I have never seen a house left by an outgoing tenant in such a state—the things had not been removed or severed from the building with care—the water-pipe leading from the bar into the cellar was battered up, and the tap gone—in the urinal an attempt had been made to remove a portion of the pipe—a hole had been cut in the wall in about 18 in. of plaster to expose the pipe—the pipe was left—four men were at work with me.
Cross-examined by MR GEOGHEGAN. We worked by time to a specification, which included painting the inside, and a portion of the outside—we gave two coats—I should charge 15s. or 20s., or perhaps more, for a flower piece of the size we put into this house—I don't make them; I should want 5s. for myself out of it—the thing I put up in this billiard-room was worth 30s., with the putting up.
Re-examined. It was about three feet in diameter—Mr. Green brought some blinds and bell-pulls, that had been in the house, back from Mr. Flack's, and I had them put in—many of them were broken in removal—putting up a centre-piece in the ceiling necessitates whitewashing the ceiling.
DANIEL MILES (Re-examined). The centre-piece in the billiard-room, damaged by tearing down the gas-bracket, was very expensive; it would cost 30s. or £2 I daresay—the one I put in place of it I was speaking of when I said 10s.—it was not of the same value as the old one.
WILLIAM KIDDELL . I am a plumber, of 16, Barnfield Road, Gipsy Hill—I have known the prisoners about twelve months—I went to the Colby Arms on Thursday, 29th August, about 10 p. m., and saw them—Croft asked me if I would buy the lead-piping from the beer-engine to the barrels in the cellar—it was not then fixed, but was at 10; Colby Road—Flack went with me to 10, Colby Road, and showed it to me—there was about £ cwt. of it; it was coiled up—they were drawing from about two barrels at the public-house, I should say, at that time—I went down into the cellar of the Colby Arms and saw two pipes there, I think—I helped take it down with Booth—I said to Croft we would give him 10s. for the lot, what I had seen at Flack's and that in the cellar; he said, "Very well"—the unions were on that at Flack's, they had been unscrewed from the engines and the barrels—I paid Croft
next day, the 30th, and then removed the piping from the Colby Arms'—on Sunday, 1st September, Mrs. Kemp sent for me, I went at nine o'clock to the Colby Arms—she asked me if I would buy the gas fittings, or if I knew anyone who would—I asked what gas-fittings—she said, "There are the lamps, "pointing round the bar and to the lamp outside—I said, "They are not much use to me"—she said, "We will sell these things, we are bound to go.; we must be away from here by nine o'clock on Monday morning"—I said, "I don't buy those things"—she said, "You had better see the governor, "that was Croft—I saw him; he said, "You have come about the gas fittings"—I said, "That is right"—he said, "These things must go at a sacrifice"—I asked what they were—he said, "The lamps outside, and the engine, and all the gas fittings"—he said Mrs. Kemp would show me what to do; he was ill, lying down, and could not show me—she was in the room—I went over the house with her—she told me to take the beer-engine out and the pewter off the counter—I said, "Very well"—she said, "Be careful, you must not destroy anything"—I left to see a friend, saying I would find a buyer for the things, and come back—before I left she said, "These things must go at a sacrifice; we are willing to take £7 or £5 for them"—I came back with Booth, and we started to take down the fittings; before doing so, I said, "Is it all right?"—she said, "Yes, it is all right; mind nothing goes away without it were"—we worked the house from top to bottom.—I saw no bell-pulls—we took gas fittings from each room on each floor—we began to take the fittings down about eleven, I think, on the Sunday—there was no gas-fitting in the billiard room when we were there—we took the gas-fittings from the bar; we took the pewter counter off carefully, cutting it with a knife, and stripping it—in the club-room we took the gas-fittings down, and took the seat away; it was fitted against the wall and supported by legs—I bent the pewter counter up and made a roll of it, and put it in the bar with the gas-fittings—I was six or seven hours stripping the house—on the Monday morning at six or 6. 30, I, Booth, and Gower started to take down the outside lamps—I took them to my house—early that morning I took the gas piping and fittings to my house—I paid on the Sunday £5 for everything I took away; I wasn't so over lucky over it; I wanted to do as well as I could—I took no bell-pulls and no taps—I paid 10s. in addition to Mrs. Kemp for the piping at 10, Colby Road—I got no receipt for that—this is a receipt for £5 from Croft—I afterwards sold the pewter and lead piping altogether for £2 11s. to a dealer in Hamilton Road—I sold the gasfittings and the outside lamps, and some other things back to Green for £11 2s., I think—I last saw the prisoners on the Monday morning, I think, when I moved the lamps—I have the beer-engine at home; it is no good, except for old metal—the benches were chopped up for firewood.
Cross-examined by MR. GEOGHEGAN. The first time I saw Mrs. Kemp about this was in the bar of the public-house; other persons were present—the conversation took place quite openly, there was no secrecy about it—I live five minutes' walk from the public-house—when Croft spoke to me about the lamps outside he said, "Don't touch the arms of the lamps outside you will destroy the place"—they told me to take down the gas fittings carefully, and not to destroy anything that was left—I carried out those instructions as far as I could—our instructions generally were
that whatever we did to the things we were to do it with the least-injury to the house, and that we did—the thing was done quite openly; we took them away in a cart at 8.30 a. m.
Cross-examined by MR. FULTON. Mrs. Kemp said, "Be careful, and don't injure the counter, "when we were doing it.
Re-examined. Croft said possibly the man that came in might want the goods back—the beer-engine taps and the spirit taps were gone before I made my bargain—I know nothing about the bell wires.
GEORGE BOOTH . I am a plumber, of Romany Road, West Norwood—on Thursday, 29th August, I went to the Colby Arms, at 7 a. m.,' and saw Croft—I again went at six or half-past six, and saw the prisoners in the bar—Croft said, "I want you to take down these gas fixtures"—I took off six or seven spirit taps, unscrewing them, and cutting the pipe behind—I disconnected the pipes to the beer-engine from the barrels, cut them from the taps and barrels, coiled them up, and put them in the bar—the prisoners were by all the time I was doing it—on the Sunday I went again with Kiddell, and we were engaged some six or seven hours in taking down gas-fittings, and stripping the pewter off the counter—Mrs. Kemp was in the bar, and saw everything we did—the lead piping went to Flack at 10, Colby Road—about six o'clock on Sunday evening Mrs. Kemp said, "There are some drawers there, you can have them."—there were fifteen drawers taken from under the counter, and were, then in the kitchen—she said, "If anyone asks you what you had paid for the drawers, you are to say money"—on the next day, Monday, I assisted in taking down the outside lamp at between 6 and 6. 30, and taking it away—I took away my sixteen drawers, the remainder of the gas-fittings, and some of the pewter on that morning to Kiddell's house—I was working for him at this time—I last saw the prisoners on that morning.
Cross-examined by MR GEOGHEGAN. I took the pewter counter off openly—there was only Mrs. Kemp in the bar—I was warned not to injure the property or premises—when the public-house was open nothing was kept secret; but it was not open on the Sunday—I did my work openly, and did no injury to the premises.
Re-examined. I got to the place on Monday to complete the work I began on Sunday, at about 3. 30 or 4 a. m.; it was a nice bright morning—a cart was fetched to carry away the big lamp—that was afterwards taken back when Green was tenant—I took the drawers home, and alterwards sold them to Mr. Green for 15s.
Cross-examined by MR. GEOGHEGAN. He paid me 5s. for taking them down—he warned me to be careful and do no damage.
Cross-examined by MR. WABBURTON. Mrs. Kemp gave me the same kind of caution.
THOMAS FLACK . I live at 10, Colby Road, and let furnished-lodgings on Toursday, 29th August, I was at the Colby Arms—Mrs. Kemp said she was coming to take my apartments—Croft said he wanted me to take some lead piping and keep it till the morning—I did so, "and kept it till Kiddell took it away again—they both asked me to take the Venetian blinds; I think there were nearly thirty of them—Kemp said they; belonged to them; I was to try and sell them to the incoming tenant and
she would pay me for my trouble—I took them—next day a drawer full of wires and bell-pulls, and things of that sort, came to my house—I resold the Venetian blinds, the locks, and bell-pulls to Green, the incoming tenant, for £5 15s. 3d., which I handed over to Kemp, who gave me 30s. for my trouble.
Cross-examined by MR. GEOGHEGAN. Green came to me about a week, I suppose, after the blinds had been left with me—there was not the least secrecy about the matter—I live three doors from the Colby Arms—when Mrs. Kemp left there she left her address at Whitstable with me.
Cross-examined by MR. WARBURTON. I sent the money in postal orders to her at the address at Whitstable she had given me.
ALFRED WORDSWORTH . I keep the Castle public-house, Crystal Palace Road—on 28th August I went to the Colby Arms, and asked Croft about the billiard table—he told me it was just sold—I bought some champagne, cordials, spirits, tills, etc., for £18 16s.—Croft made out a receipt, and Kemp gave it to me—I have since resold some of the things I bought to Green for £21—that does not include the champagne, and very little of the cordials and spirits—I received the things at my own public-house.
JOSEPH GIBBS . I live at 34, New Croxted Road, Dulwich—on the afternoon of 29th August I went to the Colby Arms—there were several people drinking—Croft and the barman were behind the bar, not Kemp—I saw one man buy half-a-dozen bottles of beer—Croft offered me the Venetian blinds for 30s.; I did not buy them—I saw him unscrewing one of the spirit taps—he said he thought he could take the fixtures down; they belonged to him—I said I thought he could not take anything down that was fixed, unless it was screwed up, and I thought he would get into trouble—he said he bought them with the house, they belonged to him—there was no one else but me and another man and Croft in the bar.
Cross-examined by MR. GEOGHEGAN. He said the things belonged to him, as he paid for them when he went into the house, and he appeared to believe that—I am a builder—I always understood that nothing could be removed except what was screwed—Venetian blinds are screwed—you could take a clock or an overmantel away if you made good the dilapidation to the wall afterwards.
Re-examined. I don't know the law as to trade fixtures or ordinary household fittings.
SERGEANT MOSS (Detective P). On Thursday, 19th September, two warrants against the prisoners on a charge of stealing were given to me—I made inquiry between that date and the following Tuesday and Wednesday, and was not able to ascertain where they had gone to—I got no information till the 23rd; then I caused inquiries to be made at Whitstable, and on the 24th, I went there and found both prisoners detained at the Police-station—I read the warrants to them separately—Croft said, "What I have done I have done through the advice of my solicitor; "Kemp said the same—I took them to Gipsy Hill Police-station, where they were charged—this inventory was taken from Croft at Whitstable—I lent it to the solicitors to copy—there were two or three letters on Croft.
Cross-examined by MR. GEOGHEGAN. I cannot say when the police were first spoken to about the matter; I first heard about it when the warrants were signed, about the 19th—I made inquiries to ascertain their address
in the neighbourhood of Norwood; I made none of their neighbours, except at a baker's shop at the opposite corner to the public-house—I did not inquire of Flack, two doors off, or the man next door—I got information from the Whitstable police three days after, through Messrs. Courage's solicitors—I afterwards found Mrs. Kemp came from Whitstable—I did not ask Booth, Kiddell, Cunningham, or Gower about the address.
GEORGE SCHOOLEY ADDISON . I am clerk to Bailey, Adams and Hawker—without communicating to the police, I laid a case before counsel on this matter, and acted on the advice I received—I had no knowledge where the prisoners had gone when I swore the information—I saw Flack previous to the warrant being granted—I asked him and Kiddell, Booth and Gower, and none of them knew where they had gone—I made inquiries in the neighbourhood—I could only find that they came from Whitstable, and I traced them there—there is an obliteration in this document—the words obliterated are those on this copy, which was used before Mr. Biron—brewers usually have no broker, but a solicitor, at a sale—Messrs. Courage had none at this—Thornton was for Miss Taylor, and Biggs for Croft—I believe the £1,035 was raised by pledging some property.
Cross-examined by MR. GEOGHEGAN. I was not at the change—we investigate before we take proceedings—before consulting counsel I saw Kiddell, Booth, Gower, and Flack, and I had all the deeds relating to the house—I believe counsel's opinion is dated 5th September—I applied for warrants against the prisoners for stealing, under the advice of counsel—I swore I thought a summons would not be obeyed; that was from inquiries in the neighbourhood—after the case was dismissed I believe we consulted counsel again—that was before we got a letter threatening an action for malicious prosecution against Messrs. Courage and Co.—papers were with counsel when the threatening letter came—we went on with the charge of stealing all the time the case was before the Magistrate, coupled with the charge of malicious damage—the charge for stealing is not included in this indictment—we have followed counsel's advice as to what steps we should take—there is no indictment against the prisoners for felony—we did not write to the prisoners for an explanation; we thought they would be off before we had them—I have been clerk to Courage and Co. 's solicitors for five years; during that time they have not taken proceedings like these—proceedings have not been taken at the Nun's Head at Peckham during that time—the tenants sold the fixtures there; they were not prosecuted—the solicitor in that case and in this was Mr. Worrall—I cannot say if we took counsel's opinion in that case; I did not attend to it—all brewers' mortgages are drawn in a similar way to this; I cannot say if the reference to the fixtures was printed in the same way as this in reference to the Nun's Head—to my knowledge this is the first time criminal instead of civil proceedings have been taken in a case like this—the prisoners vouched Mr. Worrall to the policeman—I did not inquire of him—for all I know their story is correct.
Re-examined. The fixtures were lost at the Nun's Head, I know, but I did not attend to that matter—I am not aware that Mr. Avory prosecuted at the Surrey Sessions a similar case to this—on or about 10th October, after the dismissal by Mr. Biron, I got the opinion of counsel, and, six days after we had the opinion, advising us to proceed with the prosecution,
we had letters from the prisoners threatening actions—I left the indictment entirely to counsel.
MR. FULTON contended that in order to convict the prisoners it must be proved that the acts done were unlawful and malicious, i. e., wilful, and without any claim or pretence of right (see Greaves' "Criminal Law Consolidation Acts" and Archbold's "Criminal Pleading," 20th edition. MR. GEOGHEGAN urged the same objection. MR. BESLEY submitted that if the claim to the articles was an impossible claim in Law, it could not justify such a defence (Reece v. Miller, 8 Q. B. D. 68). If articles had been severed from the freehold by the mortgagor, it was no answer to the case to say that he thought he had a right to them (White and Feast, 7 Queens Bench Law Reports 353, Queen v. Mussett, 40 J. P. 758, 35 L. T. N. S. 486; Lovesay v. Stallard, 38 Justice of Peace 391, Queen v. Pembleton, L. R. 2 C. C. R. 119; Meux v. Jacob, 44 Law Journal Reports 481, Climie v. Wood, Law Journal (Ex.) 158).
MR. GEOGHEGAN having replied the COMMON SERJEANT said that upon the authority of Greaves and Archbold he should direct the JURY that in order to convict the prisoners the acts must have been done "unlawfully and maliciously," and that "maliciously" meant "wilfully, and without any claim or pretence of right."
NOT GUILTY .
ADJOURNED TO MONDAY, JANUARY 13TH, 1890.