CENTRAL CRIMINAL COURT
SIXTH SESSION, HELD MARCH 24TH, 1890.
MINUTES OF EVIDENCE.
TAKEN IN SHORT-HAND, BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
EDWARD T. E. BESLEY, ESQ.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
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OYER AND TERMINER AND GAOL DELIVERY
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AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, March 24th, 1890, and following days.
BEFORE the RIGHT HON. SIR HENRY AARON ISAACS, LORD MAYOR of the City of London; the Hon. Sir HENRY HAWKINS , Knt., one of the Justices of Her Majesty's High Court of Justice; Sir WILLIAM LAWRENCE , Knt., Sir JAMES CLARKE LAWRENCE , Bart., Sir HENRY EDMUND KNIGHT , Knt., Sir REGINALD HANSON , Bart., and Sir POLYDORE DE KEYSER, Knt., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q. C., Recorder of the said City; JOSEPH SAVORY , Esq., GEORGE ROBERT TYLER , Esq., JOSEPH RENALS , Esq, EDWARD HART , Esq, JOHN VOCE MOORE , Esq., and ALFRED JAMES NEWTON , 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. SIXTH 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, March 24th, 1890.
Before Mr. Recorder.
MR. RICHARDS Prosecuted, MR. SANDS Defended Yankel, and MR. FRASER
The prisoners were tried at the last Session, with Louis Caplon (see page 412), for conspiring to defraud, and were acquitted. The fact in the present case were substantially the same as those proved on that occasion.
Both the prisoners were now found GUILTY , and FULMAN also PLEADED GUILTY to a previous conviction at this Court in May, 1888.
YANKEL— Eighteen Months' Hard Labour.
FULMAN— Five Years' Penal Servitude.
MR. RICHARDS Prosecuted, and MR. K. FRITH Defended
During the progress of the case the Prisoner stated, in the hearing of the JURY, that he desired to
PLEAD GUILTY; upon which the JURY found him
GUILTY .— Nine Months' Hard Labour.
296. WILLIAM JAMES VERNON HARRISON (18) PLEADED GUILTY to stealing a post-letter containing a postal order for 20s., the property of H. M. Postmaster-General, he being employed under the Post Office; and also to stealing another post-letter containing an order for 5s.— Twelve Months' Hard Labour.
297. MARTIN SCHELTZHORNE (21) [Pleaded guilty: see original trial image] , To forging and uttering a receipt for £5, with intent to defraud; and also to forging and uttering a request for the payment of £5.— Twelve Months' Hard Labour.
298. HENRY KILNER (39) [Pleaded guilty: see original trial image] , To stealing a post-letter containing a postal order for 10s., the property of H. M. Postmaster-General, he being employed in the Post Office.— Five Years' Penal Servitude.
299. FREDERICK GEORGE WATSON** (60) [Pleaded guilty: see original trial image] , To unlawfully attempting to obtain by false pretences from Frederick David Gaite a hall-lamp, and from Louisa Gaite a hall-lamp, with intent to defraud.— Four Months' Imprisonment and
300. HENRY MARTIN** (68) [Pleaded guilty: see original trial image] , To stealing a piece of beige, the property of William Morley and another, after a conviction of felony in January, 1881.— Nine Months' Hard Labour.
NEW COURT.—Monday, March 24th, 1890.
Before Mr. Common Serjeant.
301. MICHAEL LEARY (39) PLEADED GUILTY ** to feloniously uttering counterfeit coin, after a conviction of a like offence on February 8th, 1888, in the name of George Clark , when he was sentenced to five years' penal servitude.— Five Years' Penal Servitude.
MR. WILKINSON Prosecuted.
GILBERT SMALL (Detective J). On March 14th, about twelve o'clock in the day, I was watching No. 27, New Tothill Street, Westminster, and saw Evans come out carrying a parcel—I stopped her, and said, "What have you in your parcel?"—she said, "A piece of calico"—I said, "Where did you buy it?"—she said, "In a shop in Buckingham Palace Road"—I said, "What name?"—she said, "I don't know the name, but I can show you the shop"—I said, "Where do you live?"—she said, "At the back of the Baths, at a common lodging house"—I took from her hand a bunch of four keys, and a purse, containing two separate shillings, a sixpence, and three farthings good money—I handed the keys to Main, and took her to the station, where she made the same statement to the Inspector—I left her at the station, and went to 27, New Tothill Street with Main, Stanley, and Sergeant Sewell—we went up to the second floor front; the front room was fastened with a padlock, which I saw unlocked with one of the keys found on the female prisoner—I went in with the other constables, and saw Main find a milk-can on the window-ledge, containing this packet of five florins.
JAMES MAIN (Policeman G 197). On March 14th I went to 27, New Tothill Street with the other constables—I received four keys from Small, with one of which I unlocked a padlock on the door of the front top room—I searched, and found a packet of five counterfeit florins in this milk-can on the window-sill, between two flower pots—the window was partly open at the bottom—the coins were wrapped separately in newspaper, and brown paper over it.
GEORGE WALDECK (Detective Sergeant S). On March 14th, about 12.30 p.m., I saw Jones in Tothill Street—as he passed No. 27 he looked at the window—I stopped him, and said, "I am a policeman, and am going to take you in custody on suspicion of having counterfeit coin in your possession, and also at your lodging, and being concerned with a woman in custody; where do you live?"—he pointed towards Peter Street, and said, "Over there, in a lodging-house"—I said, "No you don't; you live round the corner, at No. 27; come on, we will go there"—he said, "All right"—we went to No. 27; Mrs. Kelly, the landlady,
opened the door, and I said, "Do you know this man?"—she said, "Yes; he lives up in my top floor"—I said, "I thought you told me you lived in a lodging-house?"—he said, "All right, this is where I live"—I went up with him to the top floor front—Small and Main were then in the room, and he said, "What are these men doing here? you have been in my room"—I said, "No"—Main produced the coins, and said, "I found these in a milk-can on the window-sill"—Jones said, "I know nothing about them; how do I know what these men have been doing here?"—I took him to the station, where the female prisoner was sitting—I said, "There is the woman you will be charged with being concerned with"—he said, "I never saw her before in my life," and she said, "I don't know you"—I have seen them together several times during the last three months, having had them under observation—I searched Jones at the station, and found a sixpence and a halfpenny.
ANN KELLY . I am a widow, and am landlady of 27, New Tothill Street—the two prisoners have occupied my top front room as man and wife between three and four months in the name of Evans—I also know the man as Oliver Neal, and the woman said her maiden name was Louisa Evans; she paid the rent—he gave no name.
WILLIAM JOHN WEBSTER . I am Inspector of Coin to Her Majesty's Mint—these five florins are counterfeit and from the same mould; they are wrapped with paper between each coin to prevent them rubbing—they are rubbed over with lampblack, which is rubbed off afterwards.
Jones' Defence, I was returning home from Covent Garden Market, and the officer put his hand in my pocket, and found sixpence and a halfpenny.
GUILTY .—They then PLEADED GUILTY to previous convictions at this Court of uttering counterfeit coin. Jones** on June 6th, 1882, in the name of Oliver Neal , and Evans** on February 27th, 1888.Jones had been twice sentenced to Seven Years' Penal Servitude.
JONES— Seven Years' Penal Servitude.
EVANS— Five Years' Penal Servitude.
MR. WILKINSON Prosecuted.
WILLIAM BIRKWELL . I keep the. Mitre, Copenhagen Street, Islington—on 14th March I served Davis with a pint and a half of beer in a bottle which she brought, and half a pint to drink at the bar—she gave me a florin, and I gave her 1s. 6d. silver, and the remainder in bronze—my wife called my attention to the coin almost immediately Davis left—I tried it with my teeth, and found it gritty—I put it into the tester, and it bent—it was dirty—I took it to a butcher's shop two doors off, where the two prisoners lived, showed the florin to Davis, and said, "Do you see what you have given me? you gave me a bad two-shilling piece"—she said, "I can't help that, my husband got it from the gas factory"—I said, "I can't help where your husband got it from, you must refund me my change'—she said she could not give me the whole of the change, as she had spent part of it for her husband's dinner—she gave me 1s. 2 1/4 d., and promised to return the rest—this is the coin.
came in for a loaf—I said I had none left—she then asked for a quarter of a pound of tea and two small candles, which came to threepence—she laid a florin on the counter; I picked it up—it looked very bright by the gas—I said, "This won't do, it is bad"—she said, "What do you mean?" picked it up, and walked out of the shop with it—I went to the door, and saw her join the male prisoner two doors off, and they walked away—I called my husband, who followed them—this is the coin.
WILLIAM MARKS (Policeman Y 338). I was on duty in uniform—Mr. Francis spoke to me—I went down Caledonian Road, and met the prisoners at the corner of Bryan Place—I said that I wanted them, upon which the male prisoner took a florin, a shilling, and fourpence from his right trousers pocket, and handed them to the female prisoner—I asked her to let me see it—she said, "No, what has it to do with you?"—I took them to the station—when they were charged, the female prisoner said her husband got it at a gas factory—I found 1s. 4d. on the male prisoner, two old purses, two keys, and a pocket-knife—on the way to the station I received a coin from Nicholson.
Emily Davis' statement before the Magistrate. "He knows nothing at all about it; a gentleman gave it me in the Caledonian Road for an immoral purpose; that is not the two-shilling piece at all that I tendered in the shop."
ROBERT DAVIS— NOT GUILTY .
ELLEN DAVIS— GUILTY. — Eight Months' Hard Labour.
OLD COURT.—Tuesday, March 26th, 1890.
Before Mr. Recorder.
MR. A. METCALFE Prosecuted, and MR. WARD Defended.
NOT GUILTY .
MR. DE MICHELE Prosecuted.
DAVID GALLAND . I am a paper-maker—my office is 6, Dowgate Hill—about midday on 6th March I was in my private room behind my clerk's office, at the further end of which my cape and umbrella were—I came from my room into the office and saw the prisoner moving about—he had my cape and umbrella—when he saw me he rushed out of the office door and threw them on the stairs—I ran alter him, calling "Thief!"
—I ran as far as Cannon Street, and gave him into custody inside the station—I just lost sight of him at the bend of the street—I am sure he is the man.
Cross-examined by the Prisoner. There was nobody round you—no crowd was round you, saying you were a blackleg—I asked you in my office what you were doing there, and you said, "I want to see the housekeeper," and you then rushed out.
Re-examined. No one pointed him out to me.
HENRY WHITE (City Policeman 543). At ten minutes past twelve on this day I was in front of Cannon Street Station—I was called by the prosecutor to take the prisoner into custody—when I arrested him he said, You have made a mistake"—no one, so far as I know, pointed out the prisoner to the prosecutor—a large crowd was round the prisoner.
The Prisoner, in his defence, said he was at the station, and was pointed out as a non-unionist to the gasmen, who struck him, and that the prosecutor came up and charged him because he looked excited.
NOT GUILTY .
307. GEORGE GASTON (20) and WILLIAM DEAN (18) PLEADED GUILTY to a burglary in the dwelling-house of George Frederick Bowden, and stealing a spoon and other articles; also to having been before convicted. Nine Months' Hard Labour each.
NEW COURT.—Tuesday, March 25th, 1890.
Before Mr. Common Serjeant.
MR. WILMOT Prosecuted.
HARRY WITZ . I am nine years old, and live with my parents at 19, Packington Street, Islington—on the evening of March 8th I saw the prisoner in Church Street, Islington—he asked me to go and get him a pint of beer in a can over the road—he gave me something in paper, I do not know what, and said, "Mind you don't lose your change"—I went across to a public-house and asked for the beer, and took a piece of money out of the paper—the landlord gave me the beer and the change—I went out and found the prisoner by the hoarding—he came forward to meet me—the landlord was behind me—the prisoner turned round and walked sharp—Mr. Cousens caught him, and brought him to me—I gave Mr. Cousens the beer and the change.
Cross-examined by the Prisoner. When the prosecutor brought you up I cried, and would not go to the station, because I was waiting for my sister—I did not say that you were not the man.
CHARLES COUSENS . I keep the King's Head, Upper Street, Islington—about half-past eight on this night Witz asked the barmaid for a can of beer, and gave her a coin, which she showed me—I saw that it was bad, but gave him the change, and followed him towards the hoarding—the prisoner came to meet him, and as he was handing the can and the money to the prisoner I rushed at him; he ran, but I never lost sight of him—I caught him and brought him back, took him to the station, and handed the coin to a policeman.
The Prisoner's statement before the Magistrate: "No one saw me give the boy anything, and no one saw me take anything from him."
Prisoner's Defence. It is a case of mistaken identity. I was waiting for a man about a job. The boy brought the can to me, and I would not take it.
GUILTY .— Six Months', without Hard, Labour.
MR. WILMOT Prosecuted.
AMELIA KING . I am assistant to Mr. Tony, a confectioner, of 321, Strand—on 18th February, about 7.30 p.m., the prisoner came in for six cheese cakes; we had none, and he said he would have six jam tarts he tendered a half-crown; I put it in the till where there was no other and gave him the change, four sixpences—almost immediately afterwards I took up the coin and saw that it was bad, and sent the manager to fetch the prisoner back, but he did not do so.
GEORGE TORRY . I am a confectioner, of 321, Strand—I tested this half-crown, and found it was bad; went out and gave the prisoner in custody—he said he had tendered a half-crown, but did not know it was bad—this is it; I broke it.
Cross-examined by the Prisoner. You went quietly.
ROBERT WOOD (Policeman). The prisoner was given into my custody; he said he did not know the coin was bad; I found on him a purse containing two florins and four sixpences, all good—I asked his address he said, "I have no home"—Mr. Torry gave me this half-crown.
Prisoner's Defence: I could not pay with small money, as I had not got any sixpences at the time; but they gave me four sixpences in change. I am innocent.
NOT GUILTY .
OLD COURT.—Wednesday, March 26th, 1890.
Before Mr. Justice Hawkins.
MR. GEOGHEGAN Prosecuted, and MR. KEITH FRITH Defended.
After the case had commenced, the Prisoner, through his counsel, desired to PLEAD GUILTY to unlawfully wounding the prosecutor, upon which the JURY found that verdict .— Fifteen Months' Hard Labour,
MR. PURCELL Prosecuted, and MR. PAUL TAYLOR Defended,
PHILIP MOSES . I am a tailor, carrying on business at 52, Chrisp Street, Poplar, and 75, High Street, Whitechapel—on 9th January there was a fire at 75, High Street—I rented the whole house, but only occupied the shop, the rest of the house was let out in tenements to four families—about three or four weeks after the fire, Mr. Silverstein, living next door, told me something, and after that, on the 28th February, the prisoner spoke to me—he was one of the lodgers in the second floor—he called me, and said, "I want to speak to you, something private—I said, "What about?"—he said, "About the fire that occurred, I must have some money out of that job"—I said, "What do you mean?"—he said, "I must get £10 for myself, and £5 for my friend; I want £15, and unless you give me the £15, I correspond with Mr. King, the surveyor to the company," holding up a letter, "and I shall say that you authorised your brother-in-law to set fire to your premises—I said, "Unless you withdraw those words, I shall have to communicate with my solicitor at once"—I then left him—he called again on the 1st March, and called me out, and again asked for the same amount of money, and he said, "If you have not got all the money I shall take £5 in cash and a bill or an I O U to satisfy myself, or £10 in cash down, and I shall be satisfied"—I said, "You had better leave my premises at once"—he went away and called again next day, Sunday—he then said, "What are you going to do? are you going to give me the money? or shall I go to the company and make everything open, and show everything that happened?"—I said he must withdraw his words, or I should have to communicate with my solicitor—he called again on the 7th he called me out from my shop in Chrisp Street—he then said, "Now just look here, now is the time, this is the last time I call here, and unless you give me the £15," and he showed me a letter—I told him to go about his business, and slightly pushed him—at this time Mr. Marks was present, he stood outside and listened to the conversation—on Saturday, the 8th, I called on my solicitor, and on the 11th I received this letter; I then went to the Police-court and swore an information, and a warrant was granted—it is not true that I ever offered £10, £15, or £30 to the prisoner, or that I promised him any money at all.
Cross-examined. The prisoner did not on the 28th say, "Mr. Moses, it you knew such a thing was going to be done, why did you not give us an notice to clear out of the place?"—I asked him to speak plainly what he meant—I did not drink with him afterwards—he never told me that he had to drag his wife down several flights of stairs, and that they were nearly burnt—I never offered him money—he asked me for it—I did not give him an I O U—I did not say to him, "Meet me at a public house, and I will give you an I O U"—it was on 7th March that Mr. Marks was present—the statement which the prisoner made at the Police-court is entirely untrue—I never mentioned the subject of the letter to Mr. Silverstein—the fire at my place was quite accidental—I was insured for £1,000, and I received £450 and the salvage, which was worth £200—I have known the prisoner sixteen or seventeen months—we never had any quarrel.
Re-examined. I had distrained on the prisoner for a month's rent, 29s., on 11th March, and I received the letter that day.
RUDOLPH SILVERSTEIN . I am a tobacconist, and live at 76, High Street, next door to Mr. Moses—I recollect the fire at his shop on 9th January—the prisoner lodged in the house—he often called in my place after that, but never spoke about the fire till the 24th—between ten and half-past that evening he came in and said, "I want to speak to you"—I said, "What is it?"—he said, "I have got something to tell you about the fire next door; I have not got pluck enough myself to speak to Mr. Moses; if you like to speak to him, and tell him that I know how the fire occurred, there is a chance of making £100 or so; whatever I get out of him you will get half shares"—I said, "That is a serious thing to say; although I shall tell Mr. Moses all about it, I won't have anything to do with it whatever"—he said, "That is just the thing I want you to do'—he then went away—I afterwards communicated with Mr. Moses about it—I was at the Police-court, and heard the prisoner's statement there—there was not a word of truth in it, so far as it related to me.
Cross-examined. I did not dictate this letter to the prisoner; I do not know who wrote it—I do not know Cecilia Jacoby; I have never seen her, and do not know anything about her (she was called in)—I do not know her—I did not dictate the letter to her—there is no truth in the statement made by the prisoner at the Police-court that I proposed to him that this might be a good thing—I had a fire about three years ago, not where I am now living—I have known Mr. Moses about eighteen months, the time I lived next door to him—the prisoner did not tell me that Mr. Moses had promised him a sum of money for the injury and annoyance he had sustained on the night of the fire.
Re-examined. This is the first time it has been suggested to me that I dictated the letter to Jacoby.
HARRIS MARKS . I am a dentist and hairdresser, and live at 149, Upper North Street, Poplar—on Friday, 7th March, I was at Mr. Moses' shop in Chrisp Street—I saw the prisoner there; he winked with his finger towards Mr. Moses, and said, "I want to speak to you privately"—Mr. Moses said, "What do you want to say to me? you can say it here"—he said, "I came to tell you unless you give me £15 now," and he put his hand in his pocket, and pulled out some letters, and said, "I will go to that place, and say all about it"—Mr. Moses said, "What should I give you money for?"—the prisoner said, "I shan't be hard with you; I will take £5 cash," and he' put his fingers in his pocket, and took out a bill, and said, "If you will fill this up for £10"—Moses said, "You can go to b—" and pushed him with his right hand towards his shoulder; he tumbled a bit, and then went away.
Cross-examined. I have known Mr. Moses a long time—I was not at the Police-court—this is the first time I have been called—Mr. Moses told me that same day that the prisoner had annoyed him two or three times coming for money.
WILLIAM THICK (Detective H). On 17th March I arrested the prisoner—I read the warrant to him—he said, "I know I am responsible for the letter; this is through other people"—at the station he said nothing in answer to the charge.
prisoner; I am aware that he can write—I have not seen him write, I have been told so. (The letter being ready stated that unless the prosecuter gave the writer what he had promised, he should go to the office and tell everything.)
Witness for the Defence.
Cross-examined. I have known the prisoner for some years, I am not related to him—I have not lived in the same house with him—I am a single woman—I have a child, I am not going to answer who is the father of it—I was not at Worship Street when the prisoner was charged.
Re-examined. The letter was written at Mr. Silverstein's place—the prisoner was not present when it was written, I did not tell him I had written it—I have not seen him since—I swear it—Mr. Silverstein told me to post the letter, and I posted it myself—Mr. Silverstein asked me as a favour to write it, and I did so.
GUILTY .— Eighteen Months' Hard Labour.
THIRD COURT.—Wednesday, March 26th, 1890.
Before Mr. Common Serjeant.
315. PETER PREVOST (73) [Pleaded guilty: see original trial image] , To stealing two coats and other articles, the goods of Frank Fraser, after** a conviction of felony in October, 1883, at Bradford.— Four Months' Hard Labour. And
316. HENRY MATTHEWS (52) [Pleaded guilty: see original trial image] , To three indictments for forging and uttering requests for the delivery of brushes, after a conviction of felony at this Court in October, 1888.— Twelve Months' Hard Labour.
MR. RODGER Prosecuted.
SUSAN MCCANN . I live at 44, King Edward Road, Hackney—at half-past eight o'clock on Sunday night, 16th March, I closed my shutters, and I went into the room, and it was quite safe at half-past eleven, when I went to bed—at half-past one my daughter made a communication to me; I got up and went down and let two policemen in—I found the breakfast-room shutters burst open, and the iron bar bent nearly double, and the window open; it was shut over night—the flower-stand which was against the shutters was turned over by the forcing of the shutters.
SAMUEL WILSON (Policeman J 255). On 17th March, at half-past one a.m., I was in Shore Road, Hackney—a man spoke to me, and I went to the corner of Shore Road and King Edward Road; I heard a loud crash, and went in the direction of the noise, and saw the three prisoners leave the front garden of 44, King Edward Road; they turned to the left and went at a sharp walk through Freeman Street, across Victoria Park Road into Gore Road—I followed them; crossing Victoria Park Road I saw Constables Farrier and Tattenden; I spoke to them, and they
followed the prisoners through Gore Road—at the corner of St. Agnes Terrace they saw Farrier and Tattenden meeting them, and came to a dead stop, and tried to escape by running away—Cordell and Hall were captured; Bradbrook turned sharp round and ran away—I chased him, but lost sight of him at the corner of North Street—I returned to the other constables, and went with them and the prisoners to 44, King Edward Road, where we found entrance had been effected by raising the area window and forcing the shutters; we took the prisoners to the station, and they were charged.
Cross-examined by Hall. The man who told me I was wanted in King Edward Road looked a respectable man—I did not believe him to have done wrong.
Cross-examined by Bradbrook, When I started chasing you in Gore Road I was five or six yards behind you—I am sure it was you—I was called in on the 20th, and identified you from five or six men at the station—the other men were not prisoners—I did not know any of them—I saw you as you were passing a lamp.
Re-examined. I did not lose sight of Cordell and Hall from the time they left the gate till they were in custody.
By the COURT. I saw the three men come out through the gate, from the garden into the road—I was about twenty yards off when they came out—the street lamps were alight as usual—there was a lamp not very far distant.
JOHN FARRIER (Policeman J 308). On the morning of 17th March, about twenty minutes to one, I was in the Gore Road, Victoria Park; I saw the three prisoners coming towards me, I secreted myself in a garden, and allowed them to pass—they passed within a few feet of me; they were walking—the prisoners are the three men—I followed them—they stopped and looked into several gardens—I followed them into King Edward Road, where I lost sight of them—I searched several gardens—I returned to Victoria Park Road and saw three men walking along Freeman Street, they crossed into the Gore Road—Wilson came behind them and spoke to me—I went with Tattenden to St. Agnes Terrace, Gore Road, and there met the prisoners walking down—on seeing us Bradbrook ran away—we secured the other two—they attempted to run—I told them we should take them into custody for loitering—Cordell said, "We have been to Islington to see some friends"—Hall did not say anything—I am quite certain Bradbrook was with the other two prisoners when I saw them—I was within about five feet of him—I saw his face—nothing was found on the prisoners.
Cross-examined by Cordell. I apprehended you—a fourth constable was there—when I asked where you lived, you said Hackney Wick.
THOMAS TATTENDEN (Policeman J 426). I was with Farrier in Victoria Park Road, and saw the three prisoners pass in Freeman Street into Gore Road—Wilson came up behind them and told me something, and Farrier and I went back to St. Agnes Terrace and waited for the three men—they came followed by Wilson—Cordell and Hall attempted to run away in the direction of Lovison Road, Bradbrook went the other way—I and Farrier arrested Cordell and Hall—the prisoners are the three men I saw—I am certain of Bradbrook.
Cross-examined by Cordell. I did not run after him—you said you
were going home, and that you lived at 7, Rothbury Road, Hackney Road.
Cross-examined by Bradbrook. I arrested you last Thursday, on the 20th, when you were at work at Highbury—I did not say, "You have got a fine pal, haven't you? Your old pal Charlie Hall has rucked on you, he has put you away"—I was about ten yards off when I saw you with two men in Gore Road—I recognised your face.
Re-examined. I went with Pedder to apprehend Bradbrook.
ALBERT PEDDER (Police Sergeant J). On 20th March I went and apprehended Bradbrook at 56, Benton Road, Highbury—I said I was a police officer, and I should arrest him for being concerned with two men in, custody for burglary in a house in King Edward Road on Sunday morning—he said, "Do you mean Charlie Hall?"—I said, "Yes"—I had not mentioned Hall's name—he was placed among six others at the Police-station, and identified by other witnesses—when the charge was read, he said, "I know nothing about it."
Cross-examined by Bradbrook. I did not say, "I am going to arrest you for being concerned with Charlie Hall and William Cordell"—you did not say, "You have made a mistake."
ARTHUR SMITH (Police Inspector J). On the 17th I was at the station when Cordell and Hall were brought in—I afterwards examined the prosecutrix's premises, and found the catch of the front area window had been pushed back apparently with a knife; the Venetian blind had been pushed and pinned up; the bar had been forced up and bent, and the shutters forced.
Cordell and Hall, in their statements before the Magistrate and in their defence, said they were returning home from Islington when they were arrested. Bradbrook said he was in a public-house till eleven o'clock, and then went home.
NOT GUILTY .
MR. WILLES Prosecuted.
ALFRED SAMUEL BIRD . I am a house agent, living at 1, Powis Road, Bromley—on the night of 2l. St. March. I was walking in Commercial Street, Whitechapel, about ten o'clock—the prisoner and two men approached me, and as they came to me the prisoner snatched at my watch-chain, and pulled it and my watch out of my waistcoat; at the same moment I was kicked on my leg, and knocked over on to the edge of the gutter—I got a good sight of the prisoner—I was up almost instantly, and chased him across the road and fifty yards up the street; I called out "Police!" and "Thief!" and he ran into the arms of a policeman—I gave him in charge—I have not seen my watch or chain since, only the bar of the albert, which was found at the spot—I was knocked down—my knee was bruised, and my shoulders and little finger were hurt.
WILLIAM KEELER (Policeman H 575). On night of 21st March, at ten o'clock, I was in Commercial Street—I saw the prisoner running, and the prosecutor running about fifteen paces behind him—I stopped the prisoner—the prosecutor gave him in charge for stealing his watch and chain—I took him to the station; he was searched, and this skeleton key, knife, and pawn-ticket were found on him.
Cross-examined by the Prisoner. You ran towards me, and I met you.
JOHN HARRISON (Policeman H R 25). On the night of 21st March I was in Wentworth Street—I saw the prisoner running towards me, and the prosecutor after him—I helped Keeler to secure the prisoner, and then I went back and tried to find the watch, but failed.
JOB SALLWAY (Policeman H 516). On this night I saw the prisoner running away from me; I blew my whistle, and saw him caught by Harrison and Keeler—afterwards the spot where the struggle was was pointed out to me by the prosecutor, and there I found this portion of a bar, which Mr. Bird identified.
The Prisoner, in his statement before the Magistrate and in his defence, said he was going home; that he heard a call of' "Stop thief!" that he was crossing the road, and had to run to avoid a cab, and the constables arrested him.
He then PLEADED GUILTY to a conviction of felony in July, 1889.— Twelve Months' Hard Labour.
MR. HAWKIN Prosecuted.
WILLIAM HYSON . I am a shoemaker, and live at 160, Cannon Street, Middlesbrough, Yorkshire—on 5th March I was in a public-house in the Waterloo Road, about six o'clock—I had a glass or two of beer and bread and cheese; I paid for it out of 18s. which I had (as near as I could guess) loose in my right-hand trousers pocket—as I stood at the bar the prisoner threw the door open three times in the course of ten minutes, and asked me out—I said, "What do you want me for? I am a stranger to you, and you to me; go about your business"—I never saw him before, and did not like his actions—I left the public house, and had walked about one-third of the way over Waterloo Bridge (that was ten minutes, I daresay, after the prisoner accosted me, and half an hour after I went into the public-house) when the prisoner and another man started to talk to me—they were both round me together—the prisoner rifled this pocket where the money was—I tried to extricate myself from him, and the prisoner hit me on the side of my ear, and I was knocked down—I lost sight of him—I made my way to the Strand, and there laid hold of the prisoner, who was walking along—I told him he had robbed me of my money, and I should give him into charge—he wrenched himself away, and tore his coat in so doing; then I lost sight of him for a few seconds—a boy made a communication to me, and I saw the prisoner again in a public-house—I laid hold of him again, and he wrenched himself away again—I next saw him at the Police-station, and recognised and charged him.
Cross-examined by the Prisoner. I was not in the company of women—I saw you in the Strand about half-past six—I did not go into a public-house there with two men—they did not refuse to serve me with drink—I went into no public-house after I left the Waterloo Road—I did not punch you on the side of your head—I said at the Police-station I was robbed on Blackfriars Bridge, but I found it was a mistake—I stopped at the Police-station all night; they told me I could sit down there, as I had no money to get a lodging—I was not detained there
because I was intoxicated—I had changed a sovereign in a public-house in the Waterloo Road, and I had not spent over a shilling—I was not with a woman there—the sovereign was in the same pocket that the change was afterwards in.
Re-examined. Every halfpenny was taken out of my pocket—I had been in London twenty-one hours—I did not treat any woman, and I do not remember telling the constable that I did—I could not exactly tell the time—I spent some time going after the prisoner.
JOHN HONOUR (Policeman E R 17). On 5th March, at 8.20, I saw a crowd of people in the Strand—they were shouting, "Stop thief!" and chasing the prisoner—I chased him sixty or seventy yards and caught him—I said, "What are you running for?"—he replied. "I have done nothing; I am no thief; let me go"—I took him to Bow Street; the prosecutor came on with another officer—I afterwards took the prisoner to Bridewell Place Police-station—I found on him a pawn-ticket for a coat and vest—I made inquiries about it.
Cross-examined. The prosecutor said he had treated two or three women in a public-house in the Blackfriars Road—when he was at Bow Street Station he said it was at Blackfriars Bridge, and then I took him and the prisoner to Bridewell, and charged the prisoner.
Re-examined. The prosecutor had been drinking; he was capable of answering any question put to him, and was sufficiently sober to know what was going on—next morning, in presence of the prisoner, the prosecutor pointed out the compartment or the public-house in the Waterloo Road where he saw the prisoner and another man, and the spot on Waterloo Bridge where he said he was knocked down by the prisoner, who, with the other man, rifled his pockets, and robbed him of the change for a sovereign, which he had changed previously—he was taken to Bow Street, and charged.
The Prisoner, in his statement before the Magistrate, said the prosecutor came up to him in the Strand, and struck him on the head, and said he had lost a sovereign, and that seeing the prosecutor was drunk, and wanted to fight, he ran away from him; that someone shouted, "Stop him!" and he was arrested. In his defence, he said the prosecutor was drinking with two bad women, who might have robbed him, and he asserted his innocence
NOT GUILTY .
CHARLES NORMAN . I live at 99, East Road, City Road, and am a bookseller's assistant—about twenty-five minutes past nine on the evening of 13th March I was in Shoreditch; I felt something at my left-hand waistcoat pocket, in which my watch, a 15s. Waterbury, was—I looked round, and saw my chain hanging, and my watch in the prisoner's hand, who was standing alongside of me—my watch was broken off from the chain—I caught hold of his hand, took the watch from him, and then held him round the waist, calling for a policeman—there was a struggle, in which I swung round and cut my eye against a lamp-post; it cut the skin, and I was smothered by blood—a doctor dressed it at the Police-station—a policeman came up, or I should have let the prisoner go; I was exhausted—I gave him in the charge of the constable, and charged him with stealing my watch and cutting my eye open in the struggle—I
did not hear him say anything—the bow of my watch was broken off; it was not broken off before.
WILLIAM MILLS (Policeman H 99). About half-past nine on this night I was in Shoreditch, and saw the prisoner and prosecutor struggling, not Very violently—I went up—the prosecutor told me the prisoner had stolen his watch, and he had got it back, and he showed it to me—I saw the bow was broken—I took the prisoner into custody, and the prosecutor charged him—he said nothing—I took him to the station—the prosecutor was bleeding very much from the right eye—the doctor dressed the wound at the station.
The Prisoner, in his statement before the Magistrate, said he did not struggle, but gave the watch back. In his defence, he said he did steal the watch but that he did not struggle.
GUILTY* of larceny from the person— Eight Months' Hard Labour.
MR. GREENFIELD Prosecuted, and MR. K. FRITH Defended.
NOT GUILTY .
OLD COURT.—Thursday, March 27th, 1890.
Before Mr. Justice Hawkins.
MESSRS. HORACE AVORY and ELDRIDGE Prosecuted. The Prisoner being a foreigner and undefended, the evidence was interpreted to him.
MANUEL JOSE GARCIA . I am a Lieutenant-Commander in the Argentine Navy, and am living with my family at 5, Clarence Terrace, Regent's Park—my brother, Raffael Garcia, occupied a bedroom on the top floor; the prisoner was his valet, and occupied a bed in a recess in his room, and was separated by a lath-and-plaster partition from the female servants' bedroom—on 4th February, in consequence of some complaint made to me by Mary Fitzgerald, I sent for the prisoner and told him I had good reason for being discontented with him; I had not scolded him before, because he was my brother's servant; but I said, "I have heard that you have made a hole in the wall between the servants' room and your own room; I have had reason to complain very often of your conduct, and the next time you misbehave yourself I will give you a good thrashing, and send you on board the Brown"—he did not say a word—later, the same day, I handed to Miss Bathgate, my cook and housekeeper, £80 in notes, and 10s. 6d.; there were three £10 notes, which I had obtained from the London Joint Stock Bank, and three of the £5 notes from Baring Brothers—my brother was out that evening—I and my family went to bed about ten o'clock; there were two young children with us—before going to bed I had been making some photographic enlargements, using a kerosene lamp, in a room behind the library—I am perfectly certain that I put out the lamp before going to bed—about twenty minutes past two I was
aroused by an alarm of fire—I tried to get downstairs, but could not for the smoke, which was very dense indeed; afterwards we all got out by the fire-escape from the second floor window; my brother and the prisoner as well—shortly afterwards, about a quarter to six, I came back to the house and spoke to the prisoner—I told him that he had disobeyed my orders, which I had given him that very day, not to quarrel with the female servants, and I then remonstrated with him for not taking care of the house, because he was the last person to go upstairs, and then I sent him away at a moment's notice, and told him to go—he took his clothes with him; he never sent for them afterwards—I was present the same morning when the salvage man made a search in the kitchen, and I saw him find some gold and silver coins—later the same afternoon I went up to my brother's room and saw this rope (produced) hanging to the ventilating pipe which runs down the side of the house, by the window; it was fastened by a reef knot and put on to a bite—that would be strong enough to hold a man, particularly if he was a sailor, which the prisoner is, and if he helped himself down the ventilator—I recognised the rope as one that had been on a trunk of my brother's, which he brought over from Paris; I had last seen it some months before—I am certain it was not hanging on the ventilator the night before.
Cross-examined by the Prisoner. I do not remember your telling me that you had things belonging to my brother in your pocket—you were told to go, and that we never wished to see your face again—I was not aware that you had anything of mine or my brother's in your possession.
AGNES BATHGATE . I am cook and housekeeperinthe service of Captain Garcia, at 5, Clarence Terrace—I found some holes in the wall in the prisoner's room—the prisoner said that Captain Manuel had scolded him, and we had to look out—that occurred after one on the 14th—between four and five in the afternoon I received some bank-notes from my master, three £10 and ten £5 notes—I paid away some of that money—at nine that evening I was in the front kitchen with the prisoner and the kitchenmaid Julia Pettit—I then sealed one £10 note and nine £5 notes in an envelope, and £5 10s. in gold and 10s. in silver in my purse, and I put the purse and notes into a small moveable desk, and put the desk into a drawer in the dresser—I did not lock the drawer or desk; Lieut. Garcia was out that evening—Captain Garcia and the family went to bed before me and the servants, I went to bed at eleven—Pettit and Fitzgerald went at the same time—I put out the gas in the kitchen, I saw that the fire was out, and that everything was safe—I left the prisoner in the hall; it was his duty to wait up for the Lieutenant—a little after two I heard the alarm of fire—I escaped down the fire escape—I was afterwards present when the £5 10s. was found by the salvage man—in the afternoon I saw the prisoner and Fitzgerald filling a lamp from a large paraffin-can, holding about three gallons, it was nearly full—the lamp was brought down from the photographic room, it was filled in the pantry at the back, and the can was put out in the back yard—I saw that can about six next morning in the same place, it was then nearly empty.
Cross-examined. I did not change you a £10 note before you went out.
MARY FITZGERALD . I am nurse in the service of Captain Garcia—on 4th February, in the afternoon, I was in the servants' sitting-room, in the basement—the prisoner asked me if I had complained to the master
about him—I made him no answer—he said he did not mind, the master would pay for it—as I was going up the stairs he said to me, "You shall pay for it also"—this conversation was in Spanish—that afternoon I helped the prisoner to fill the lamp—the prisoner put the can in the back yard, it was then about three parts full.
JULIA PETTIT . I am kitchenmaid to Captain Garcia—I was present when Mrs. Bathgate counted her money—before going to bed I fastened up the front area door leading to the street, I put the shutter up, let down the iron bar, and took off the strap that holds back the catch, and left the door perfectly secure.
RAFFAEL GARCIA . I am a Lieutenant in the Argentine Navy, and am brother of Captain Garcia—on the night of 4th February I returned home about twenty-five minutes to one; the prisoner let me in—I noticed a strange smell as I came in—I attributed it to kerosene—I said to the prisoner, "There is a strange smell in the house"—he said, "It is not astonishing, for your brother, the Captain, has been making enlargements with a photographic lantern"—I went to the library and saw some photographs which my brother had been doing—I said no more about it; I considered the explanation sufficient—there was no smoke—I went up to bed immediately, the prisoner followed me up; after putting out the gas he lighted a candle and lighted me up after we had got up to the bedroom the prisoner went down again to fetch a letter for me—he brought it up; he was gone not more than three minutes—before going to bed he asked me whether I believed what had been said against him in the day—I answered that I had nothing to say; I would have no conversation with him—before going to sleep I looked at my watch, and it was five minutes to one—I was awoke by the ringing of the door bell—I did not look at my watch then, but I appreciated the time afterwards as something after two—I got up on hearing my brother calling me from downstairs—I could not see the I prisoner at that time, the room was dark, and a curtain separated the recess from where I was—I called him; he did not answer the first time, I had to call him two or three times—I saw him get out of bed, he was undressed—I immediately went down to my brother's room; the smoke was too dense to allow me to get down lower—I came up again to my own room, and told the prisoner to take a sheet, and put into it whatever he could of my clothing out of the wardrobe—he immediately executed my order—I then left the room, leaving him doing that—I returned to the room in three or four minutes with a ladder, which I took into the next room, called the spare room—I went to the window, and saw the prisoner on the roof of the bath-room, which was more than four feet below—he said, "If we only had a rope we could get out that way and save the babies"—I did not see any rope—hearing that the fire escape was coming, I told him to come up to me, and we could get down by that—after the fire was out I returned to the house; I was present when my brother sent the prisoner away—I sent him away at the same time—I did not hear him say that he had some things in his pocket belonging to me; he might have had, because I had told him to gather all the things he could—I myself took some of the jewels—I told him to put in his pocket what he could; I did not mention jewels or anything specially—afterwards, some time the same day, I saw the rope hanging from the ventilating pipe—the detective afterwards showed me a
little jewel-box, which contained a few scarf-pins belonging to me, and was in my room on the night of the fire; also this American razor machine—I was at the Police-court on the 4th March, when the prisoner was brought up—he expressed a wish to see me, and I went and saw him in the cell—he asked me the favour that his family should not be informed of what had happened to him, and he afterwards asked me if I should ever forgive him for his ingratitude towards me—I said that he had acted in the most criminal way—he said, "Yes; but I was in such a rage for what your brother has said to me."
WILLIAM NUTLEY (Policeman D 83). On the morning of 5th February I was on duty in Clarence Terrace—I discovered a fire at No. 5 at a quarter to two—I sent for the engine and the fire escape—the people in the house were rescued by means of the fire escape.
JOHN WILLIAM TOLLIFIELD . I am engineer in charge of the fire escape station at King Street, Baker Street—at 2. 24 on the morning of the 5th February I received a call, and went to 5, Clarence Terrace, about half-past two—I saw that there was a fire in the front kitchen—while the people were being rescued I went down to the area door—one of the men had an axe, with which he was going to break the door open—he put the axe against the door, and it flew open; there was no iron bar attached to it, it was merely fastened with a catch—I got into the kitchen, and got the hose to work, and extinguished the fire—the fire had got through the ceiling into the dining-room—in my opinion the fire had been well alight for about half an hour—when I first discovered it the flames were coming through the outer door; we got in on our hands and knees; the smoke was very dense—the dresser was entirely destroyed—the fire, had originated near the dresser; there was no gas-jet near—if the place was saturated with oil I should say the dresser might have been consumed in quarter of an hour or twenty minutes—I did not see the kitchen clock.
CAPTAIN GARCIA (Recalled). I noticed the kitchen clock on the morning of the fire, it was over the fireplace in front of the dresser, it had stopped at twelve minutes past one—it had been going when I went to bed.
J. W. TOLLIFIELD (Recalled). The excessive heat of the fire would possibly stop the clock; the heat was very excessive.
FREDERICK WALKER . I am a member of the London Salvage Corps—on the morning of 5th February I was called to 5, Clarence Terrace—I got there about 2.50—I was placed in charge of the premises—I made a search in the front kitchen, and found £5 in gold and 10s. in silver among the debris on the floor in the kitchen, nearest the door entering from the area—I also found some silver trinkets loose—I found no banknotes or the traces of any—the desk and dresser were entirely consumed; the floor was of stone—I found the frames of a purse, near the gold and silver, blackened by the heat.
PHILIP ANGUS . I am a jeweller at Liverpool—on the evening of 6th February I saw the prisoner in my shop with a woman—he bought a watch, pair of links and a locket, and paid for them £6 16s. 61. by a £5 Bank of England note and two sovereigns, I gave him 3s. 6d. change;
he took the note from the outside of a bundle of notes—I have no trace of it, I have a banking account at Liverpool.
FRANCISCO RAY (Interpreted). I am first mate of the Almirante Brown, an Argentine warship, lying in the Mersey—I know the prisoner—I first saw him in Liverpool from the 7th to the 8th of February, I had not seen him before that—he spoke to me first—he said would I be kind enough to keep some money for him; I had on my uniform coat—I agreed to do so—he gave me three £5 notes and one of £10; I afterwards returned the three fives to him and he returned me £3—when he was arrested I handed the £10 note to the Police Officer Jones—the prisoner was going in the same ship with me on the 1st of the month.
WILLIAM JONES (Liverpool Detective). On 15th February, about half-past four, the prisoner was brought to Dale Street Police-station—I found him wearing a breast pin and a gold watch and chain—I went to his lodging, 49, Frederick Street, Liverpool—I there found this box, containing the breast-pins identified by Lieut. Garcia—this box containing the razors was found in a room in the Sailors' Home—this £10 note was handed to me by Francisco Ray, and I handed it to Sergeant Morgan.
BENJAMIN MORGAN (Police Sergeant D). On 17th February I found the prisoner detained at Liverpool Police-station—I said to him, "I am a police officer from London; you will be charged with stealing this box of jewellery belonging to your master, also about £50 in Bank of England notes, and probably you will be charged with setting fire to the house"—I called his attention to the jewellery—he said, "The pins belong to Captain Garcia, some of the other things belong to me; I did not steal them, I don't know how the fire happened; Raffael Garcia handed the box to me at the time of the fire to take care of"—I showed him this £10 note, which was handed to me by the last witness in the presence of Ray and the prisoner—he said, "That is mine"—I told him what Ray had told me—he said, "Yes, I had £25 in notes"—at the Police-court on the £5th he was charged with setting fire to the house—he said it was all untrue.
The Prisoner's statement before the Magistrate:" I have no witnesses; all I have to say is I was turned away from the house. I did not run away; they told Policeman 84 they did not wish me to come to the house again" Prisoner's Defence:"I did not set fire to the house; I did not steal £55; I did not steal the scarf-pin, because I was told to put it in my pocket. I have nothing more to say."
GUILTY — Ten Years' Penal Servitude.
MR. SAUNDERS Prosecuted.
JOHN PRESTON . I am the prisoner's husband, and live in Chapel Street, "Westminster—on 17th of this month, between eleven and twelve at night, I came home; I had been at work from six in the morning till
seven at night—the prisoner came in with me—as I was in the act of taking off my jacket I felt something very sharp go across my throat—the prisoner was close in front of me at the time—I saw something glitter in her hand; I could not say what it was—she did not say a word—I found a little blood running from my eye—I immediately went out and fetched a constable—we had often had quarrels, but not the slightest that I am aware of on this evening—I was sober, and I consider the prisoner was sober—I have not been under any doctor's care, only the next morning at Rochester Row—my wound has healed now.
By the COURT. We had had several glasses of beer together—she is a good woman, and respectable and hard-working—we have often had quarrels, but I am sorry it has come to this, and to see the position she is placed in—she is not given to drink—she is very depressed in spirits at times—we have been married about fourteen years—a very little affects her head—she has often told me that she was jealous of me—I think this has occurred through jealousy—she can't bear me to be out of her sight long at a time—she does charing, and looks after lady invalids.
MARGARET WILLIAMS . I am a widow, and live at 25, Hyde Place, Westminster—I was in the room on 17th March when the prisoner and prosecutor came home—I don't know what they were talking about—I did not live in the same house—the prisoner does charing at times—she is a hard-working woman—I do not think she is given to drink.
THOMAS NEVTLL , M. D., 123, Sloane Street—on the morning of 18th March I examined the prosecutor—he had an incised wound in his throat, about three inches long, it had merely penetrated the skin, it was almost a scratch, not at all a serious wound; it might have been caused by the top of a razor, not as if drawn across it.
WILLIAM PAGE (Policeman A 78). About half-past eleven on the night of 17th March the prosecutor came to me, his throat was bleeding—I went with him to the house—I asked the prisoner what she had done it with—she said an umbrella, pointing to the corner—there were two knives in it, they dropped on the floor at the station; she was charged with cutting her husband, with intent to murder him—she said she intended to cut his head off—the prosecutor said she had attempted to cut his throat—she appeared to be perfectly sober.
Prisoner's Defence: "We had had a drop of beer; when we got home he went out again to fetch the children; when he came back he had a little scratch of blood. I said, 'What have you been doing?' He said, You have cut me. 'I never had; we had been drinking all the afternoon and the Sunday night before; I never touched him; when he has had a glass or two of beer he generally cuts himself."
JOHN PRESTON (Recalled). We had been out drinking together, all three of us, between seven and eleven—nothing had occurred in that time—I had a scarf on, there was no pin in it—the thing was all done at the impulse of the moment, there was not the slightest animosity—she is a very forgiving woman—I had no scratch when I came in.
GUILTY of unlawfully wounding; recommended to mercy. Discharged on her husband's recognisances, to come up for judgment if called upon.
NEW COURT.—Wednesday and Thursday, March 26th and 27th, 1890.
Before Mr. Recorder,
MR. FORREST FULTON, MR. H. AVORY, and MR. BYLES Prosecuted; and MR. GEOGHEGAN appeared for Plenty, and MR. TURRELL for Scotch ford.
DANIEL HUGHES . I am a provision merchant, of 146, High Street, Shoreditch—in April last the prisoner Scotchford called on me and said he was Mr. Scotchford, of Brecknock Road, cowkeeper and dairyman, and wanted some eggs, butter, and cheese—he arranged to pay for them before no had a second lot—he paid for the first two £5 3s. 6d. and £9 12s. 4d., and then ordered two more lots value £21 14s., which I delivered—he brought me this cheque (produced) for £21 14s., and at the same time gave me a further order for goods value £15 5s.—I paid the cheque into my bank, and it came back marked "Account closed"—before it came back the goods value £15 5s. had been supplied—I went several times to Brecknock Boad—it was a fine-looking milkshop, I did not see him—he never came to my place after the cheque was returned—I brought an action.
Cross-examined. I do not know whether I presented the cheque more than once.
HUNTER COOPER . I am a hay merchant, of Molesham, near Chelmsford—on 17th May last I was passing down Brecknock Road, and my attention was attracted to No. 225, "Brecknock Farm Dairy, established 1837"—I went in and saw Scotchford—Plenty was there, doing something to some milk-churns, washing them out and putting milk into them—I asked Scotchford if he was a buyer of good hay—he said, "Have you a sample?"—I said, "Yes," and showed it to him; he asked what I wanted for it—I said six guineas a load, cash in a month—it was old hay—he said he could take one load, and he would take two if I would give him a month—I told him it was lying at Tufnell Park Station, and gave him a written order to receive the two loads there—on 29th May I called again with a sample of chaff—Scotchford examined it and said he would consider and let me know—I think he told me, the following week when I called, that he would take a truck-load of it—the price was six guineas a load, there are three loads in a truck, that would be £18 18s.—the bags were to be returned and paid for—I consigned the chaff to Tufnell Park Station, and sent him the railway order to clear—I then received this letter, which is in his writing. (From Scotchford, stating that he would remove the chaff from the railway station that day)—after that I took him some samples of potatoes, I asked him £4 a ton for them, he said it was too much, and I took £3 12s. a ton—he ordered a truck-load, and I sold him 4 tons 16 cwt. at £3 12s., which he was to let me have when I called round—I then received this letter, dated June 14th. (From Scotchford, saying that he had disposed of the potatoes and had cleared the cheque)—on June 25th he gave me an order for potatoes £3 12s. 6d., and hay £16 168., cash in a month—on June 24th I called on him for payment for the first lot; I told him the amount was getting rather large, and I should not deliver any more till I had the money for what
I had delivered—he said that lately he had been laying out a great deal of money, and I saw some things there—he said if I would take a bill he would pay me ready money for the order, and that he had five horses—I said that if he got the bill backed by some responsible man I would not object to it—he said, "Well, I am known about here; everybody knows me; it will be right enough if you take the bill"—I asked him if the things in the yard belonged to him, or if anybody had a lien on them—he said no, they belonged to him—I believed that, and believed him to have been established in 1837—this is the bill for the total amount, £48, up to that time—having taken the bill, which was payable in two months, I sent him some more goods on June 24th, four tons of potatoes and a truck-load of hay—a truck-load is two loads—a correction in the bill is initialled by him—my bankers said it was not secure as it was—I also sent 3 tons 9 cwt. of potatoes, at his request, to Carpenters Road, Stratford; also two loads of hay to Tufnell Park Station—he sent me eight ragged bags, but my bags were not returned—on 7th July I received this letter from him.(Stating that he would forward the bags that day, and inquiring for oats and good hay)—I did not send him any hay, as the only money I had was eighteenpence, the difference on one bill—the bill was dishonoured, and nothing I sent was paid for—I instructed my solicitor to take proceedings against him—I once saw a van there with what looked like packages of eggs, aerated water cases, and butter firkins; it was pretty full—Plenty was driving it, and a man was beside him—he drove down Holloway Road—the total value of the goods included in the bill was between" £70 and £80—I believed it was a genuine business—I saw horses in the stable.
Cross-examined by MR. GEOGHEGAN. Plenty was under a shed; he did not speak to me, and did not influence me in giving credit—I saw "Emma Plenty" stamped on the churns, and "Hired from Emma Plenty" on the barrels.
Cross-examined by MR. TURRELL. I stood outside the yard; the shop is at the side of the gate—Scotchford had the potatoes for his own consumption—the order, was given before the bill—I saw the notice, "Established 1837," over the shop—I did not see it first on the billheads—the bill has been altered; he altered it himself—he did not at first refuse the order for 108 bags of chaff—on 29th May he wrote to me to say that he had received it—I went there to ask for his custom.
Re-examined. I inquired about the name of Emma Plenty being on the churns, and he said, "That is nothing, we bought them all of Plenty"—they had "Scotchford" on them as well—I had received information which made me go and look at them.
DANIEL JONES . I am a solicitor, of 1, Quality Court, Chancery Lane—Daniel Hughes was a client of mine; he instructed me to bring an action on the cheque marked "W"—a writ was issued on 26th June, and I recovered judgment, £37 debt and £4 costs—I issued execution, and after the sheriff was in possession I received this notice from Emma Plenty's solicitor: "Please take notice that the following goods seized by you are my property, and let to Mr. Scotchford on hire. I also claim all the shop fixtures and the contents of the shop.—E. Plenty"—this affidavit was afterwards filed and served on me. (This was signed Emma Plenty, and stated that the articles seized were hers, and that her name was on the greater part of them)—i asked the Master to adjourn
the summons for me to investigate—I went to the premises and examined the things, but could not go too near, because I did not want Scotchford to see me, as he had called at my office and asked for time, and I was not to sue—I saw some marked "Plenty," and some "E. Plenty," and I had to withdraw—nothing was recovered.
EDWARD ROBINSON . I am goods agent at Tufnell Park Station—on 13th May, 1889, there were three loads of hay at the station, consigned by Mr. Cooper, of Chelmsford—the whole truck was forwarded to Scotchford—it is signed for in the delivery-book on May 18th—on 3rd June 108 bags of chaff were consigned by Cooper to Scotchford, which were claimed on 12th June by a person signing his name Henry Hems—on 15th June fifteen tons of potatoes were consigned by Cooper to Scotchford—T. Hems signed for them, and paid the carriage with a cheque for £1 5s., signed "Emma Plenty"—on 9th July two loads of hay were consigned by Cooper to Scotchford, cleared by T. Hems.
THOMAS HEMS . I am a master carman, of 39, Forston Street, Hoxton—I have known Plenty for years—he called last summer and said he wanted to sell three tons of chaff which was at Tufnell Park Station, as he had nowhere to put it, and it was, I think, in 108 bags—the price was not mentioned at the time—I sent my son for some of it—it was brought to my place—he also went for the railway charges—after I got the bags, I saw Plenty, and told him it was very inferior stuff, but I would give him £9 for it—I took the money for fetching the hay and taters, and that left £7—I got the money from Scotchford each time—my son is not here—my charges came to £2—I did not pay the £7, because it was such bad stuff—Scotchford called for the bags several times.
Cross-examined by MR. GEOGHEGAN. I had several business transactions with Plenty years ago; Scotchford had nothing to do with them—Plenty has a wife; she has a business of her own, independent of him altogether—I believe her name is Emma—Plenty may have said that someone owed his wife a considerable sum; I do not remember him saying that he took the chaff as a bad debt.
Cross-examined by MR. TURRELL. I purchased the chaff in the summer—I had not known Scotchford before—I gave a bill for the chaff, which has not been met—it was such inferior stuff that I told them to take it back.
Re-examined. I knew that Plenty was made bankrupt, but I do not know that he is uncertificated—I was not doing business with him then.
HENRY ALLEN . I am a carman, and was working for Mr. Harris last year—I went to Tufnell Park Station last summer to fetch some potatoes for him, and brought away three loads—on the way there I saw Scotchford, who asked me if I was going up for the potatoes—I said, "Yes"—I had the address from my governor to take them to Mr. Clements, Odessa Road, Forest Gate—Scotchford told me the nearest way, and I got there between nine and ten at night, and saw Mr. Clements; he did not pay for them; I left them there—I paid the railway charge twice for potatoes; I got the money from Scotchford at Brecknock Road—I also moved a truck-load of hay from Tufnell Park Station for Mr. Hems, and took it to Mr. Wisby, at Brady Street, Whitechapel, who told me to take it to Lloyd's, Norfolk Street, Globe Road, Mile End; I delivered it there between five and six o'clock—when I had unloaded the first load
Lloyd said, "It is bad; take the rest to Lloyd's, Brockley Wharf, Homerton"—I took one load of chaff to Mr. Hems' house, but he did not use it; it is in the loft now—I got the money to clear the hay from the station, from a woman in Scotchford's shop.
EVAN LLOYD . I am a dairyman and cowkeepex of 25, Norfolk Street, Mile End—I have known Plenty some years, and used to supply him with grain; he told me in June that he was an undischarged bankrupt; lie offered me a truck of hay for £5, which he had got from the country—I said it was too much, but asked him to send it on, and I would give him what it was worth; I do not know who brought it, but Plenty called for the money—he did not get any, because he owed me money, and I set off the hay against it—I told him it was not worth more than £3 10s.—he said he would not take that for it—I said, "You bring me a bill and I will write it off;" but he did not do so; the price was not finally fixed, but he owed me more money than the hay came to; we consumed it.
Cross-examined by MR. ROUTH. I know Mrs. Plenty; she carries on business, and has carts, horses, and milk-cans, and, I believe, she is also a wheelwright—she lends out the plant for other people to conduct dairy businesses—this was very bad hay; he told me he had it from someone who owed his wife money.
Re-examined. I believe he said it cost him nearly £6; he did not say he had not paid for it.
THOMAS CLEMENT . I am a potato dealer, at 157, Odessa Road, Forest Gate—last summer I went to a dairy in Victoria Park, in a railway arch, and saw Plenty—he was a stranger to me—he showed me a sample of potatoes at 70s. a ton—I agreed to take five tons at 35s. a ton, which, was all they were worth—about four and a half tons were delivered;. my son received them—Plenty afterwards called, and I paid him £7 17s. 6d.—he gave me this receipt (The account was made out to Scotchford, and was signed, "Paid, J. S")—it was agreed that I was to have another five tons at the same price, delivered at Stratford Market Station—Plenty called on me and told me they were at Stratford; I paid the railway fare, 19s. 6d., for them, and when I saw them they were not worth £1 a ton—I had paid him £3; he sent me the receipt (This was also in the name of J. Scotchford.)
Cross-examined. Mrs. Plenty came with him, and was present during the transaction—he said he had received the potatoes from Scotchford.
ROBERT WILSON . I am a dairyman, of Park Road, South Acton—in May, 1888, I advertised some milk for sale, and received a document from Scotchford, headed "Brecknock Dairy," and when it was established—I wrote to him, and sent my terms, and afterwards called and saw Scotchford—he ordered a churn of milk daily, that is seventeen imperial gallons, at 1s. 6d. a barn gallon, to be paid for weekly—at the end of the first week my account was £7 1s.—he sent mo a cheque on the London and South Western Bank for £7, and gave me 1s.—I presented the cheque twice, and it was returned marked "N. S. "and "No account"—it is also marked "Account closed"—I wrote to Scotchford, and received this letter: "Sir,—Your cheque was returned; I will forward you P. O. O."—I called at my bank on the way, and went to Scotchford—he wanted the cheque back, and said he had been disappointed
with some money, and would give me a P. O. O. for it, but ho did not do so—I went on supplying him for two or three weeks, and the total came to £20 15s. 4 1/2 d.—I then received this letter. (Asking the witness to make up his account to date, and he would send P. O. O. Signed, J. Scotchford)—i got no money, and stopped supplying the milk—it was sent in churns, and three churns have not been returned—I went to Broad Street Station in June, and in consequence of what I heard there I went and saw Mr. Brown, in Forrester Road, Mile End, who was carrying on business as the Farmers' Direct Supply Company—I saw Scotchford there, and asked him for my money—he said that that was not the place to apply for it—I said, "I have come for my churns; I have heard they are here"—neither of them answered—I saw Plenty outside with Brown—at the end of the interview Brown left with Plenty, and I came away without my money or churns, I could not find them—after that I supplied milk for five weeks to a man named Hughes, at 37 Gainsborough Terrace, Victoria Park, in answer to my advertisement—I was paid for the first two weeks, but he has sold the business, and gone away, owing me £17.
Cross-examined by MR. TURRELL. I do not know that Hughes' business was carried on by his wife, I saw Elizabeth Hughes before the Magistrate, but she is not his wife, she lives in the house—I saw Brown before the Magistrate; he has not gone away—churns frequently get mislaid.
He-examined. I ascertained that Mr. Hughes had gone to 124, St. James's Road, Holloway.
GEORGE HARRISON . I am lift-room attendant at Broad Street Station—it is part of my duty to receive and pass out the milk as it arrives—this is my book—on May 18th I find that two churns of milk were received from South Acton in the name of Scotchford, and taken away by W. Brown, who I knew coming to the Dairy Farmers' Direct Supply, Mile End—I find entries in this book daily from May 18th to 31st, of milk to Scotchford, signed for by Brown as the person taking it away early in June milk consigned to Scotchford was taken away by a person signing "Ansell," who I do not identify—on June 3rd Scotchford signed for the milk—I did not know him—from June 4th to 10th Brown signed again for the milk; we had received verbal instructions from Scotchford to let him take it.
Cross-examined by MR. TURRELL. It is usual for other persons than those to whom it is assigned to apply for milk.
CHARLES L'ENFANT . I produce the file of proceedings in the bankruptcy of Edwin George Plenty; the date of the bankruptcy is 12th February, 1886; he is described as a cowkeeper and milk-seller, of 12, Beaumont Street, Mile End Road, as the Callow Park Milk Company—the assets are £155 16s. and the liabilities £2,799 7s. 3d.—he is still undischarged.
Cross-examined by MR. EOUTH. He applied for his discharge on 28th November, 1889, and was refused.
separator, a butter churn, and a butter worker, £15 10s. for the three; and in answer received a letter, signed "J. Scotchford, Brecknock Farm Dairy, Kentish Town," saying that he would come and see me about the articles—I answered it, and received another letter, saying that he had not time to come, but if I would forward the articles, and he approved of them, he would send a cheque—after reading the billhead I belief ed it was a genuine business, and sent the articles, and received an acknowledgment from Scotchford with the same heading, requesting me to send him the account, which I did; it amounted to £15—I then received this letter. (Stating that he had not had time to try the separator, but would do to in a few days, and if it was all right would forward a cheque on Friday)—i did not get the money—I pressed him for payment and got a P. O. O. for £1—shortly after that I came up to town and lived at Holloway, not far from Scotchford—I called on him, and pressed him for payment—on one occasion he said, "I have got a bill to meet, I cannot pay you today"—he made the same excuse each time—he promised to pay me on a certain day—I went there, and he was not in; I went on the Monday following, but did not see him—I saw him on the Tuesday, and he said that a cheque had been posted to me at New Romney, my old address—I did not get it—I put the matter into the hands of a friend, Mr. Mitchell, a solicitor, and under pressure from him he received from Scotchford this cheque for £10—I paid it into my bank, and it was returned dishonoured—I then went to Brecknock Road to look for Scotchford, and found his place shut up—I afterwards identified my separator at Mr. Abbott's.
Cross-examined by MR. TURRELL. I understand the separator was taken from a sale to be sold—I saw Mr. Mitchell as far back as 20th August last—this cheque was only paid in once.
EDWARD TODD COLLDTOWOOD . I am clerk to Mr. Urquart, auctioneer, of 203, Essex Road—he held a sale on 17th December, at the Tindal Arms, Upper Street, Islington, and sold among other things a milk separator, a butter churn, and a butter worker—I do not think they had been unpacked—there was no reserve, and they were knocked down in one lot to Abbott Brokers, milk salesmen, for £10—after the sale was over, Plenty came and asked me to make his account out—I said, "What do you mean? We did not receive any instructions from you about the sale; we had instructions from a man named Turner"—he said, "The separator is my property, and I want the money for it"—Turner was there, and said, "Plenty is mixed up in it, you had better pay him"—the expenses of the sale exceeded the amount realised for the separator, and we refused to pay anything—I thought it was a "do" on Turner's part—we subsequently received this letter. (This was from E. Plenty, stating that unless they handed him the money for the separator on Monday next, he should apply for a summons at the Police-court)—I rendered the account to Turner, who instructed me.
Cross-examined by MR. ROUTH. Turner put various churns and milk plant into the sale—it was good plant; this was the biggest—I do not know that Turner obtained the separator from Mrs. Plenty, and put it into the sale, that the sale might wear a better appearance; it was not put into the sale till the last moment—the three articles were worth £15 or £16—it was not knocked down almost as soon as it was put up, it was up a long time—Plenty and Turner were in the yard—I don't know whether
I saw Mrs. Plenty or Mackril—plant is let out in the dairy business—I have heard that Mrs. Emma Plenty owns a business of her own—Plenty came up and said he had been swindled, but he did not mention his wife—Mackril joined in the conversation; I have since heard that he is foreman or manager to Mrs. Plenty.
Cross-examined by MR. TURRELL. The Mews is a mile and a half from Brecknock Road—the things would have to be taken in a cart, and be packed in cases—there were three cases; they looked very carefully packed—I would not say that the separator had not been used—I was instructed by Turner.
EDWARD ABBOTT . I am a wholesale milk dealer, of Gunn Lane, Limehouse—I purchased a secondhand separator and churn for £10 at a sale in Upper Street, Islington—Mr. Elliott identified them—they had been used, but not of late, and wanted a good deal of oiling—a man named Turner bid against me at the sale.
WILLIAM PETERSON . I trade as the Anglo-Danish Egg Company, Southampton Street, Fitzroy Square—on 16th July, 1889, I forwarded a price list to J. Scotchford, 225, Brecknock Road, and next day received this letter.(From Scotchford, ordering a sample case of eggs at 8s.)—I then called on him, and told him I bought for cash, and sold for cash on delivery—he said, "I always buy for cash"—I said, "You are just the man for me"—he then ordered eggs to the value of £4 12s.—I sent the eggs—on 19th July I received this letter from Scotchford. (Enclosing a cheque for £4 12s., and ordering three more cases of eggs)—the cheque was met, and I took the three cases of eggs myself to Scotchford—he said he wanted two more cases in two days, and then he would give me a cheque for five—I sent them, and received this cheque for £19 19s., dated August 1st, but I got it five days before—I went and asked him why he had post-dated it—he said he had so much to pay that he was not quite sure the money was there—on 3rd August I received another order for eggs, value £23—I had not sent the other cheque to my bank—he then gave me this cheque for the £23—they are both on the London and County Bank, Hollo way Road—I paid them in together, and got them back next day, marked "Not provided for"—I told Scotchford about it—he said he was very sorry, there must be a mistake, because there was plenty of money in the bank—I said, "Yes, but not belonging to you"—he said, "If you will present it again I will arrange it"—I sent it in again, and it was returned again—I went to Scotchford's at six o'clock, and a woman there went to a public-house for him, and he came back with her and Plenty—I said, "You have got my eggs under false pretences; I shall go to my solicitor"—I did so, and he took out a writ—I believed the business was a genuine one, or I would not have delivered the eggs—I received notice from the police to attend at the Police-court and give evidence.
JOHN HENRY . I am book-keeper to Mr. Le Bras, a provision merchant—on 31st July Scotchford called and said he wanted two cases of eggs and two boxes of butter—he had bought once or twice before for cash—the value was £10 18s., for which he gave a cheque, but he dropped a letter in it, and sent me another cheque in substitution; I presented it, and it came back marked "Not provided for"—it was sent to Scotchford—I have never been paid—I believed he was carrying on a genuine business—in 1885 I
supplied Plenty with goods, and he gave me a cheque for £10, which was no use.
Cross-examined by MR. GEOGHEGAN. I do not remember receiving notice that Plenty was a bankrupt—I heard that he was applying for his discharge—I do not remember proving under the bankruptcy.
Cross-examined by MR. TURRELL. I had done business with Scotchford before July, for cash, and was paid by cheques which were met, and therefore I trusted him a third time.
FREDERICK ALFRED ROSE . I am cashier to James Howes and Co., provision merchants, of 1, West Smithfield—on August 15 Scotchford called and purchased two cases of eggs and a cask of butter, price £12 10s. 8d., for cash on delivery—they were sent by our carman to 225, Brecknock Road—he returned without the goods, and gave me this cheque (Signed J. Scotchford, for £12 10s. 8d.)—r paid it in, and it was returned, marked "Not provided for"—I instructed the carman to call again, and he brought back this cheque for £6 19s. for another order, which I sent, and that cheque was also returned, marked "Not provided for"—on the following Monday I went and found the place shut up and everybody gone away.
Cross-examined by MR. TURRELL. I have no memory when I paid the cheque in, but I paid the second in the day after I received it—the first cheque had not come back when I sent the second order—I had not had previous dealings with Scotchford.
JOSEPH PAGE . I am salesman to James Howes and Co., 1, West Smithfield—I have authority to sell goods which I take out in a cart—on 17th August, 1889, I called at 225, Brecknock Road, saw Scotchford, and sold him a case of eggs and two boxes of butter, value £6 19s. 2d., and received this cheque in payment—I saw his place of business, and believed a genuine business was going on there—I afterwards paid the cheque over to Mr. Pole.
GEORGE EDWARD PRIDDEAU . I am a dairyman, of Motcomb, Dorset—on 31st May I received this letter. (From Scotchford, asking for prices of a box of butter, a box of eggs, and four churns of milk daily)—I sent the prices, and he wrote again—I forwarded three churns to Waterloo Station on June 3rd, four on the 4th and 5th, two on the 6th, four on the 7th, seven on the 8th, and three on the 9th, total value £14 15s. 4d.—I then sent in the account, got no cheque, waited till the Wednesday, and then wired to say that I should stop the supply—in the meantime I had sent further milk, amounting to £8 14s. 10d., making £23 7s. 2d.—I placed the matter in a solicitor's hands, got judgment, but could not find where Scotchford was—these are letters which I received from him—I got this telegram in reply to mine—"Do not stop milk; my husband away, to-morrow night"—when I supplied the milk I believed a genuine business was being carried on—I subsequently received these three letters, signed "D. Williams;" they are in Scotchford's writing—I sent in reply the price of skim milk and eggs—I then received this: "Received milk all right. Please commence sending me two churns of milk, and one churn separated milk. Please send me as soon as possible 600 new-laid eggs.—D. WILLIAMS. "—I did not know it was Scotchford—I sent the milk to Waterloo Station,£10 7s. 9d. worth, in ten days—I never sent the eggs, and on 24th I received this: "SIR,—Can you forward me the 600 new-laid eggs which I ordered on
Saturday?—"D. WILLIAMS."—I did not send them—I did not get paid for the milk—I handed the bill to my solicitor, but nothing was recovered.
Cross-examined by MR. GEOGHEGAN. I saw in the Dairy newspaper an advertisement relating to some vans and carts in the name of E. Plenty—I wrote and bought a secondhand van, which gave mo satisfaction, and is working now.
Cross-examined by MR. TURRELL. I was not aware that D. Williams was Scotchford—I never had any cheque.
Cross-examined by MR. TURRELL. I am not an expert—I supplied Scotchford with hay, which was left on the line and got Dad—six guineas was not a high price for it, I was making more than that—I did not tell Scotchford he could sell the hay at what price he liked, and do the best he could with it for me; that was never mentioned.
THOMAS OUTINS . I am a constable at Waterloo Station—some milk was sent there from Mr. Priddeau for Scotchford; this is the waybill—it is made out to Scotchford, who came with a barrow and asked if there was any milk for Scotchford, and took it away—he did not sign for he the called three or four times—I remember a carman coming for some milk, some of which was consigned to Scotchford, and taking it away.
Cross-examined by MR. TURRELL. Some milk came in October in the name of Williams—I do not suggest that Scotchford took that away—I have not seen the carman since.
HENRY SMITH WOOD . I am a solicitor, of 9, Old Jewry—in June last I was managing clerk to Mr. Smart, who received instructions to commence an action against Emma Plenty, a wheelwright, and Frederick Mackril—I issued a writ, recovered judgment, and put an execution in at Swan Place, Old Kent Road—I received a copy of the claim, and saw the prisoner Plenty on the interpleader summons, which came on for hearing before the Master—this copy (produced) was supplied by his solicitors, Wood and Woolton—this is the notice I received, and this is the claim—that notice would be sent to the sheriff's officer—he said that there were two rooms occupied by Mr. Smith, a lodger—I afterwards saw this affidavit of Edwin Plenty (produced)—I put the sheriff in at both places—there was a claim by the prisoner as a lodger, and the sheriff was ordered to withdraw.
HENRY HERBERT WALHAM . I am a bailiff's officer, of 172, Strand—I produce two claims, one signed "A. Smith" and the other "Edwin Plenty, "June 26th and 27th, 1889—I left my man in possession of Emma Plenty's premises under an execution against Emma Plenty and Frederick Mackril and then received these two claims—I levied at Swan Place on the 26th—I talked with Plenty, he said that he was sorry he had represented himself at Alfreton Road as A. Smith—it was then discovered that A. Smith and Edwin Plenty were the same person.
JOHN PALMER . I am a milkman of 138, Marlborough Road, Holloway—I have known Scotchford five or six years as a milk-carrier—in April, 1889, I met him in Holloway Road in charge of a van, which I had seen once before at the Swan Yard, Old Kent Road—"E. Plenty" is on the yard gate there—he stopped and told me he had had-some money left him, and was going to start in business in the milk line, and had taken a shop, he did not say where—
shortly afterwards I answered an advertisement in the Daily Chronicle for milk-carriers, at 225, Brecknock Road—I went there, found it was a dairy, and saw Plenty, who I had known several years—he said, "Halloa, Jack, what do you want?"—I said, "I came to see if there was any chance of a job"—he said, "Have you got a quid?"—that is £1—I said I had not one—he said, "You had better go and see, Joe—I knew who he meant, and went and saw Scotchford, and said I had come after a carrier's job—he said, "Yes, Jack, you can start"—that was even without the sovereign—he said there were no wages, it was commission work—my duty was to take a barrow out and sell milk; my commission was sixpence a barn gallon on the amount I sold—I began my work the next morning, and worked till August 17th—other milk-sellers were employed besides me, and over twenty barrows were used; the name of Plenty was stamped on them—I saw Plenty there five days out of the seven, he was in the business—Scotchford and his wife washed out the milk-cans, and so did Plenty when Scotchford was not there—I heard Mrs. Scotchford say once that Scotchford had a room there—Plenty used to drive the vans; Scotchford was the carman—I have seen eggs, butter, and milk go away in the vans—a quantity of eggs were delivered at the place in July, in the morning; they went away in the cases the same afternoon, between four or five o'clock, when I came off my rounds; they had not been unpacked—to the best of my belief Plenty drove the van—eggs had been removed in that way frequently before; Scotchford was the carman, sometimes they went together, and sometimes separately—very few eggs were sold on the round'; I don't know what were sold in the shop—I think one case of eggs arrived on August 17th; I should think it contained 1,200 eggs—I asked Scotchford for some eggs that day to go on the van, but he said they were not right, they were to go back.
Cross-examined by MR. GEOGHEGAN. Scotchford and the carman drove the van nine times out of ten; Mr. Fleming drove it on this occasion, but Scotchford took the money—I never saw Plenty put a farthing in his pocket—I sold some milk, and put the money in my pocket, I thought I was entitled to it—the barrows and things in the yard were marked "Plenty"—Mrs. Plenty used to let out things for hire to persons wanting to set up in business.
Cross-examined by MR. TURRELL. I have known Scotchford some time—we were milk-carriers together; I do not know his wife—I saw a separator there, but never saw it used, it was so constructed as to be worked by hand—it was not unpacked, but it was undone.
ELIZABETH WHITWORTH . I am the wife of John Whit worth, of 112, Westmoreland Road, Walworth—up to June last a man named Mackril, a wheelwright, lodged in our house, and Plenty came there very often and occupied the same room; we have lived in the house fourteen years, and I am able to say that no person named Smith has lodged there for the last six years, except John Smith, an apprentice, seventeen years old.
Cross-examined by MR. TURRELL. He came and slept there from Saturdays to Mondays.
ELIZABETH MACKRIL . I am the wife of Frederick William Mackril, of 27, Alfreton Street, Old Kent Road, a wheelwright, working for Mrs. Plenty, at 7, Swan Place, Old Kent Road—up to last June we lived at Mrs. Whitworth's, 112, Westmoreland Road, for twelve months, from
June, 1888, to June, 1889—Plenty slept there sometimes with his son, who worked for my husband—we had an apprentice named James Smith, who slept there several times—he slept there the first month I was there—after that he went home to sleep, and came in the morning—I have seen him write; this receipt does not look like his writing.
Cross-examined by MR. GEOGHEGAN. Mrs. Plenty lends out articles used in dairies for hire—I know her writing—this is her writing, to the best of my belief. (This was an agreement between Emma Plenty and J. Scotchford, for the hire of goods at 15s. a month, in a list appended. Witness, F K. Mackril)—the business in Swan Place was carried on by Mrs. Plenty—Plenty went out as a collector—Mrs. Plenty has a number of contracts in London; she was always lending out articles to milkmen to furnish their shops—Plenty would come in and seize on her behalf if he could.
Cross-examined by MR. TURRELL. I do not think this document is in the prisoner's writing—I have only seen him scribbling to amuse himself—a boy like Smith writes several ways.
Re-examined. I know nothing about the action in which Plenty made the affidavit, and said that the business was his; I was too much upset—the filling up of this document is in Mrs. Plenty's writing.
JANE BROWN . I am the wife of John Brown, of Lasbrook Road, Stoke Newington—Scotchford lodged with us from October, 1888, to March, 1889—he occupied a room at 3s. 6d. a week, with his wife—he hired a barrow and took milk round and sold it, and his wife worked at jacket finishing.
ELIZABETH HUGHES . I am the wife of Daniel Charles Hughes, a dairyman, who at present has no occupation—we once lived at 2, Gainsborough Road, Victoria Park; we moved from there to 27, Gainsborough Cottages, and from there to 124, St. James's Road, Holloway, where I carried on a dairy business—the premises were taken from a Mr. Dolby—I was placed there by the prisoner Plenty—I was looking out for a shop, and he said he knew of one—Scotchford came there several times with his milk-barrow—I wrote this letter, "March 26, 1889. To Mr. Ball. Dear Sir,—Mr. Scotchford is a respectable man, and quite able to pay the amount of rent you mention," at the dictation of John Hughes, my brother-in-law—I only knew him by coming to speak to my brother-in-law—I heard nothing about the rent of the house he was going to take.
Cross-examined by MR. GEOGHEGAN. Plenty never spoke to me about the house in Brunswick Road—Mrs. Plenty was then in the shop I have got now—she lent me nothing to set up with.
Cross-examined by MR. TURRELL. I gave the reference entirely under my brother-in-law's direction—I knew Scotchford some time before he went to Brunswick Road.
GEORGE BALL . I am a builder, of Elm Darton Park—on March 12th I received the letter marked "A," and forwarded it to Scotchford, and he came to see me about a house in Brecknock Road: "Dear Sir,—Please forward particulars and card to view premises advertised in Daily Chronicle.—E. Plenty"—Scotchford said that Plenty could not come in he had taken the premises if we could come to terms—it had been a grocery and provision shop before—I said that subject to an agreement, and the references being satisfactory, I would let him have the house;
the rent was £80 a year—he referred to Mr. Hughes and Mr. Smith—I wrote to Mr. Hughes, but got no answer—he also referred to Mr. Plenty and Mr. Brown, but I did not write to them—in reply to my letter to 112, Westmoreland Road I received this letter. (Signed, A. Smith, and stating that Mr. Scotchford was quite able to pay the amount stated)—an agreement was drawn up—he paid £5 for some fixtures with this cheque of Plenty's. (On the Central Bank of London, pay Mr. Scotchford or bearer £10.—Emma Plenty)—he remained in possession of the place from 25th March to July or August, when he disappeared—he paid me this cheque for £20 for rent, which was returned marked, "Not provided for—I have never received any rent—he left without notice, and without knowledge, and I saw no more of him till he' was in custody—he paid me £10, but whether it was for deposit or fixtures I cannot say.
GEORGE BALL, JUN . I am apprenticed to the last witness—in March, 1889, Plenty drove up in a trap and inquired about a shop we were advertising—I took the keys and showed him over the premises—he said he thought they would suit him very well, he had already written to my father on the subject—about a fortnight later I saw him at Brecknock Road, he said he had some land of his own which he thought of building on, and he thought he had a friend who would take the shop.
FREDERICK LANGDON . I am salesman to Mr. Salter, a shop-fitter, of Blackfriars—on 9th April, Scotchford came and bought a butter-boiler and scales, price £5 1s. 6d., to be sent to 225, Brecknock Road—he left 6s. 6d. deposit; part of the goods came back—I received this cheque in payment for the balance (For £4 10s., Signed, Emma Plenty)—it was paid.
SIDNEY HERBERT GERRARD . I am manager of the Kentish Town branch of the London and South-Western Bank—on 12th April, 1886, Scotchford called and opened an account, he gave his address, 225, Brecknock Road, and gave as a reference his landlord, Mr. Ball—he paid in £25, part of which was a cheque for £5 on the Central Bank, Mile End—on 17th April a cheque for £10 on the-same bank was paid in, and on the 23rd another cheque for £10 on the same bank; on 24th April £5 in cash and a cheque for £6, signed E. Plenty, on the Central Bank, Mile End—I have the record of that, because it was returned unpaid—on 29th April a cheque for £23 12s. 6d. was paid in—the account came to an end on 5th June, when there was no balance, and 17s. charges for keeping the account—cheques Were drawn and returned by us, marked "No account"—this is a copy of the bank-book—between 8th May and June 7th the returned cheques amounted to over £200—on June 3rd we wrote to him about the state of his account, and said that unless it was kept more satisfactorily we should close it, and next day more cheques were presented; some were returned with no funds to meet them, and on the 5th the account was finally closed.
Cross-examined by MR. GEOGHEGAN. A number of E. Plenty's cheques were paid to that account, only one of which was returned unpaid; that was for £6 on April 24th.
Cross-examined by MR. TURRELL. When cheques are presented, and there is not sufficient, we close the account—the account was kept open from April 12th to June 5th.
London and County Bank—Scotchford opened an account there on 13th July, 1889, with £49 5s. 3d., which included two cheques; one was for £20 5s. 3d., signed E. Plenty, on the Central Bank of London, which was returned dishonoured—after that several cheques presented were returned, there not being sufficient funds to meet them—on August 8th I wrote to say that we could not continue to carry on the account; but it was not formally closed till the end of September—no payments were received after August 8th, when the balance was 18s. 7d.—between August 8th and 24th twelve cheques were presented, amounting to over £100, and returned dishonoured.
Cross-examined by MR. GEOGHEGAN. Of those cheques only one was signed "E. Plenty"—that was the opening cheque—£20 in cash was not paid in on 17th July, after the cheques were dishonoured—on 16th July the cheque for £20 was returned, and on the 19th £20 was paid in, partly in cash and partly in cheques, which were honoured.
CHARLES RICHARDS (Detective Sergeant). On 25th January I saw Scotchford coming out of 2, Henry Road, Walworth—I followed him into Rodney Road, and said, "Are you Mr. Williams, of 2, Henry Road?"—he said, "Yes"—I said, "Then you know a man named Plenty?"—he said, "Yes"—I said, "You will have to tell me something about your transactions with him; you have been acting for him?"—he said, "No; I have been acting for myself"—I said, "What shop did you have?"—he said, "Well, I suppose you know I have had one at Brecknock Road?"—I said, "225, Brecknock Road?"—he said, "Yes"—I said,. "Then your name is Joseph Scotchford?"—he said, "Yes"—I said, "I am a police officer, and I hold a warrant for your arrest"—he said, "Very well"—I took him to the station—I then went to the house I saw him come out of, and found a number of books and documents relating to the business at Brecknock Road, and some milk-cans with the name of Scotchford engraved on them, and a piece of paper pasted over it, also pass-books and cheque-books of both banks, and these two cheques (To Webb and Andsell) and this rent-book, headed, "Mr. Williams to E. Travers. Rent of premises in Long Lane."
Cross-examined by MR. TURRELL. Some of the cheques I seized have been paid.
WALTER DILLEY (Police Inspector). On 24th January I was with Sergeant Richards about five o'clock in Swan Place, Old Kent Road, and arrested Plenty on a warrant for conspiring with F. Scotchford and others, in obtaining goods from Waldemar, Peterson, and others, which I road to him—he said, "I know nothing about it"—I took him to Scotland Yard, searched him, and found a number of cards of E. Plenty, Dairy Furnisher, Swan Place, Old Kent Road, and a cheque-book on the Central Bank of London, Mile End Branch—four of the cheques are signed "Emma Plenty"—on the same day I took him to Marylebone Lane Police-station, where he said, "Who am I charged with conspiracy with?"—I said, "With a man named J. Scotchford"—he said, "I don't know him"—ho gave his address 92, Godliman Road, Forest Gate—I went there, and found a number of cards of "E. Plenty, contractor to supply dairymen with all kinds of utensils to carry out dairy business, 45, Tredegar Road, Bow," and "E. Plenty, Swan Place, Old Kent Road"; also an undated letter, signed "L. Williams," from 2, Hilary Road, Walworth—that is Scotchford's address—I did not find the envelope—I also found a number
of paid cheques, drawn by Emma Plenty in favour of Mr. Scotchford, and a number of other cheques in favour of John Hughes, signed "Emma Plenty," and some letters.
Cross-examined by MR. GEOGHEGAN. I am the Inspector in charge of the case, acting under the instructions of the Treasury—I have not produced all the documents found at Plenty's house, but I have got them all here—I did not find a number of bills which were passed through the bank and paid, but I found a number of bills accepted by Emma Plenty, and not met—they are here to verify my statement—I am told by the bank clerk that Mrs. Plenty has an account of 8s. there—I do not suggest that the cheques have been returned because the account was overdrawn—I went to the bank about three weeks ago, and these people have been in custody since February 24th—Plenty only denied knowing Scotchford once—I did not make a note of the conversation—when Peterson's name was mentioned ho did not say, "I don't know him"—I have been to the address—this gives a list at what prices milk-cans will be supplied at.
Witnesses for Plenty's defence.
FREDERICK WILLIAM MACKRIL . I live at 27, Alfreton Street, and am manager to Mrs. Plenty, wheelwright and dairy furnisher, Swan Place, Old Kent Road—the prisoner Plenty has nothing to do with it—she lends cans and utensils on hire to milkmen setting up—the banking account is in the name of Mrs. Emma Plenty—I generally pay the expenses on her behalf; she supplies me with money-r-all the utensils which go out have "E. Plenty" on them, which means Emma Plenty—I saw Scotchford sign these contracts (produced) with Mrs. Plenty, and witnessed them; they show that she lent out goods to him; this is my signature—this letter is Scotchford's writing—"Dear Madam, May 14th, Please supply me with twelve of your barrows complete on hire at 3s. 6d. a week; I should like them here this week.—J. Scotchford"—I am the tenant of the premises in Swan Place at present, and pay the rent—Plenty has never paid the rent, but it has been paid by Emma Plenty's cheques.
Cross-examined. I have been manager about twelve months—Plenty used to come there sometimes; he just passed through, he had nothing to do with the business—he had been manager to his wife—she was there very often, and when she was not, the prisoner Plenty came to tell me what to do, and he sometimes brought me money from Mrs. Plenty; but it was given by her cheque mostly—I have known the prisoner Plenty two or three years, he has lodged with me at 27, Alfreton Street, Old Kent Road—he was there very often last summer, two or three nights in the week—he did not. suggest to me to write some letters for him—I do not remember some talk about a letter being written there for Mr. Ball—Plenty slept at Westmoreland Road with his son, and worked for me in the wholesale business—it was my business then—I did not write this letter (produced), nor do I know whose writing it is, I know nothing about it—I heard no conversation about it till this case was on—I know an auctioneer named Urquhart; there was a little trouble about a milk separator, which was sold by him by my directions, under Mrs. Plenty's orders—Plenty was at the sale, looking after the separator—we never got the money—I heard Plenty threaten the auctioneer with proceedings—I told the
auctioneer it was wrong—Plenty managed the business with the auctioneer on behalf of his wife, and blowed the auctioneer up.
HENRY MOSELEY . I am clerk in charge of the Mile End branch of the Central Bank of London—Mrs. Emma Plenty had an account there—we had an understanding with her that she was to keep a minimum balance of £50, which was observed by her in January last.
PLENTY*— Five Years' Penal Servitude.
SCOTCHFORD— Eighteen Months' Hard Labour.
Four Months' Hard Labour.
OLD COURT.—Friday, March 28th, 1890.
Before Mr. Justice Hawkins.
MR. ROUTH Prosecuted, and MR. PAUL TAYLOR Defended.
JAMES ERNTEMAN . I am a dairyman, at 26, Marlborough Road, Hornsey—on Saturday, the 8th March, between half-past eight and nine at night, I was in the Prince Arthur public-house in the Caledonian Road—I saw the prisoners there—I took out my canvas bag to pay for what I had; it contained between £5 and £6—I could not say to a fewshillings—anyone standing round could see me take it out—I put it back in my pocket and then left, and went round the corner to a urinal—as I came out of it three or four assaulted me—I received a blow at the side of my ears, and then I received one at the other side of my head—Bartlett struck the first blow, and Wheeler the second—they were not very violent blows—one caught hold of me by my arms, and the other put his hand over my mouth—I could not call out or do anything—Wheeler took the money out of my left trousers pocket, and then they both ran away—I got a policeman, and wont in search of them—I found Wheeler in the Offord Arms about half an hour afterwards; I charged him with having committed this assault and robbery—he made no remark in my presence—at the Police-court Wheeler asked me whether I had not asked Bartlett to drink with me—I have not the slightest doubt as to the identity of the two prisoners.
Cross-examined. I gave both the prisoners drink—I had not had much—I had been in another public-house and had a glass of beer—there were a lot of people in the Prince Arthur besides the prisoners—I got into conversation with them—we talked about swimming—I did not offer to swim the best man there for 10s., and then take out my bag and put it on the bar; I took it out of my pocket and put it back immediately; I took a sovereign out of it because I had no small change—I had counted my money about half an hour previously—I was about half an hour in the bar—I only had one pint of beer—I stood the other men drink—I paid for one quart among the lot—the prisoner did not leave the bar
before me; I left first—I was present when Wheeler was searched—8s. was found on him—I was perfectly steady and sober—the prisoners were not pointed out to me at the station; I picked them out myself.
FREDERICK RICHWELL . I live at 38, Maynard Street, Caledonian Road—between eight and nine in the evening of 8th March I was standing outside the baker's shop, five or six yards from the urinal—I saw the prosecutor leave the public-house, and go to the urinal—then the two prisoners came out of the public-house—they got one on each side of the prosecutor, and pulled him down the mews to the side door; then one pushed him up against the door, put their hands over his mouth—one said, "Have you got it?" and the other said, "Yes: all right"—they then walked up to the Prince Arthur—Bartlett turned back—Wheeler went in, came out again, and went down to the Offord Arms, and I went and told a policeman, and gave them in charge—I have known the prisoners about a year—after the robbery I spoke to the prosecutor; in my opinion he was drunk—I am certain the prisoners are the men.
Cross-examined. I did not see other men come out of the public-house—I had been standing outside the baker's shop about a quarter of an hour—the prisoners passed me in going back to the public-house—a mews divides the public-house from the baker's shop.
JOHN FAULKNER I am a lead glazier, and live at 23, Sutherland Street, Islington—on the night of 8th March I was with the last witness—I saw the prosecutor come out of the public-house and go down the court—the prisoners came out and followed him—as he came out of the urinal the prisoners caught hold of his arms and pulled him down a yard by the side door—on his crying out "Police!" one of them punched him in the mouth—I do not know which it was—one said, "Have you got it?" and the other said, "Right"—they went on; Bartlett went back through the yard; Wheeler went into the public-house, came out again, and went to another public-house, and that was where we caught him—I have known Wheeler about twelve months, and I have seen Bartlett about.
Cross-examined. When Bartlett was brought into the station a lot more men were placed with him—ho was brought in about ten minutes after Wheeler.
CHARLES DALLY (Policeman Y 290). I was on duty in the Caledonian Road, and met the prosecutor with the two last witnesses—he complained that he had been assaulted and robbed, and gave a description of the persons—from his description I took Wheeler into custody in the Offord Arms—the prosecutor identified him directly—I told him I should take him into custody for assault and robbery—he said, "He has made a mistake"—the prosecutor was sober—I searched Wheeler, and found on him 8s. in silver, loose in his left trousers pocket.
ROBERT ANDERDOX (Police Sergeant). On Saturday night, the 8th, about half-past nine, I received a description of Bartlett—I saw him at the Caledonian public-house—I told him I should arrest him for being concerned, with Wheeler in custody, for stealing £3 and assaulting the prosecutor—he said, "None of us know our luck, do we, guv'nor? "I took him to the station, and the two boys identified him from among eight others—Bartlett had on him sixpence in silver and fourpeace in bronze.
GUILTY . Bartlett also PLEADED GUILTY to a previous conviction at the Middlesex Sessions, and both Prisoners had been convicted of assaults.— Twelve Months' Hard Labour each.
MR. TRAVERS HUMPHREYS Prosecuted.
ROBERT ROBERTS . I am a blacksmith, and live at 2, Seymour Place, Liverpool Road, Islington—about quarter to one on Sunday morning, 2nd March, I was going home—I heard some footsteps behind me—I turned round suddenly, and Alkin knocked my hat off, and then tripped ire up—when I was on the ground two other persons knelt on me—I did not know either of them—they took from my trousers pocket 12s.—they wrenched my coat open, and broke the buttons off—I halloaed out, "Police! stop them!" and the prisoners released their hold, and the two that took the money ran towards the roadway—I followed, and two constables carne round the corner, and caught hold of Alkin—I did not lose sight of him at all.
WALTER COOPER (Policeman N 506). About quarter to one on Sunday morning, 2nd March, I was on duty in plain clothes in Liverpool Road with Constable Brewer—I heard a cry of "Police! stop them!"—I saw the two prisoners, in company with another man, not in custody, running towards Victoria Place—Duke was first, and Alkin the third—I ran to the bottom of the court—when Alkin saw me he turned round and ran back—I ran after him, and passed him—I came back, and caught him by the throat, and arrested him—he said, "What's up?"—the prosecutor came running up and said, "That man has robbed me"—I said, "Are you sure?"—he said, "Yes"—at the station he denied all knowledge of the robbery—Duke ran up the court; ho was the first one up the court—it is Victoria Place.
CHARLES BREWER (policeman N 492). I was with Cooper—I heard the cry of "Police! stop them! "and saw Duke and another not in custody running along the high pavement in the Liverpool Road—Alkin came directly afterwards—they ran towards Victoria Court—I saw Duke distinctly; there was a low lamp with a reflector, and he turned round and looked at nee—Alkin returned, ran into the middle of Liverpool Road, and fell on his back—Cooper ran after him and passed him, then returned; and as Duke and his friend ran up the court, I went to the assistance of my brother constable, and arrested Alkin—he said, "You have made a mistake"—I saw Duke at the station on Sunday, and at once identified him—I have frequently seen him about the liverpool Road—I did not know Alkin.
WALTER SELBY (Policeman G 218). I arrested Duke at the Agricultural Hall, Liverpool Road—I told him I was a police officer, and I should take him into custody for being concerned, with a man in custody and a man wanted, for robbery with violence—he said, "This is fine; I know nothing about it."
The Prisoners' statements before the Magistrate. Alkin: "It is no use to say anything. "Duke: "I have nothing to say."
Alkin's Defence. All I have to say is that when I was taken to the station the prosecutor said, "I think he is the man that rubbed me. The Inspector told him to be sure, and then he said, "I am sure. "I had 2s. 74 d. on me. At Clerkenwell he said I was the man that held him behind, and he could swear to the two in front of him.
Duke's Defence, At the time of this robbery, a quarter to one, I was at home in bed.
Both prisoners then PLEADED GUILTY to having been before convicted.
Nine Months' Hard Labour each.
MR. PASSMOEE Prosecuted.
WILLIAM MEDWAY . I am in the employ of John Dowle and others, carrying on business as Gilbert and Sons druggists, in St. Andrew Square, City—I have known the prisoner about two months; he came to lodge at the house where I was stopping—a few nights afterwards he said, instead of giving the goods I brought to somebody else, if I gave them to him he could sell them for me—I had brought home some scissors and tooth-brushes, which I had stolen; the prisoner knew that—a night or two afterwards I brought some scissors, in two or three boxes, and gave them to him to sell—he did not ask me any questions about them—this went on once or twice a week for nearly two months—he gave me half-a-crown, two shillings, or eighteenpence at a time—I never told him that these things were perks (perquisites)—the last time I gave him things was on 11th March; that was about three dozen toothbrushes—I don't think they were soiled; they were just as they were sold in the shop—sometimes I gave them to him down in the kitchen; lately I met him at the Post Office, Ludgate Hill.
Cross-examined by the Prisoner. I did not tell you that these were things that I picked up in the sweepings; I never went along with you to sell them; I went nearly opposite the place where you sold them—there is a man named Barrett in the prosecutor's employ; I told you that one night one of the boys who always had to shut the door went home and forgot it—the policeman asked me whether I had arranged with you to leave the door open—I have been in the place four months; the boxes were not old ones, I only opened one or two—I saw 2s. 9d. marked on some of them.
SAMUEL WILLIAM MILLS . I am foreman to Gilbert and Sons—Mr. John Dowle is one of the partners—the boy Medway was in our employ up to 13th March as errand boy; he had no right to take tooth-brushes or anything else from the warehouse; he never had any perquisites; I have missed a lot of tooth-brushes and other things during the last three months—the three dozen taken on the 11th March were 6s. a dozen—we can hardly tell the amount we have missed without going through the stock-sheets—it may be £15 or £50.
Cross-examined. I know nothing of you—some firms do allow sweepings as perquisites; we never do.
JOHN DUTTON . I am in the prosecutor's employ—on Friday evening, 14th March, the prisoner came to the shop and inquired for Medway—I told him he had not been there that day, and I did not know where he was.
WILLIAM FOSS (City Detective). On the 15th March, at 12.30 a.m., I was in the neighbourhood of Waterloo Bridge—I saw the prisoner there—I went up to him and said, "I am a police officer; I shall take you into custody for being concerned with a boy named Medway,
in stealing a quantity of tooth-brushes last night from his employers in St. Andrew Street; you will also be charged with receiving a quantity of tooth-brushes during the last three months"—he said, "I only had seven dozen"—he was taken to the station and charged; he said he only had seven dozen; ho gave an address at a lodging-house in the Borough Road; that was where the boy had lodged; and they had both lodged at another lodging-house.
The Prisoner, in his statement before the Magistrate and in his defence, alleged that the boy always told him the things were perquisites, and that he did not know they were stolen.
GUILTY — Three Months' Hard Labour.
NEW COURT.—Friday, March 28th, 1890.
Before Mr. Recorder.
MR. TICKELL Prosecuted.
FREDERICK WALTER MORGAN . I am a cashier at the Capital and Counties Bank, 39, Threadneedle Street—on January 31st the prisoner produced this bill of exchange to me. (Dated October 28th, drawn by Emmett, Son, and Stubbs for £ 190)—Stuckey, Son, and Pope have an account at the bank, but I have never seen a bill accepted by them before—I went to the manager, and came back and told the prisoner if he came back in two hours I might be in a position to pay him—he asked me to mark the bill, and return it to him—I said I could not do that, and he left it with me, and never returned—I telegraphed to Brighton—I picked out the prisoner on 21st February at Marlborough Street Police-station from twenty or thirty others—he was then wearing a different hat, and ho had no moustache as he had when he presented the bill.
Cross-examined by the Prisoner. You first presented the bill to another cashier higher up the counter, who referred you to me—when you presented it to me I did not say, "We only do that for bankers"—I did not turn to a ledger, and put it in front of you, and refer to the index; I examined my advices—I did not say, "Messrs. Stuckey and Co. keep their account at Brighton, "and also have a balance here not to be applied for ordinary transactions—I did say, "We do not appear to have received any advice; however, I will see the manager," which I did—I did not take up the Post Office Directory, and refer to it—you said you came from 14, Bloomsbury Square—you did not give the name of Morton—in consequence of what the manager said, I took more notice of you to identify you hereafter—I will not swear you wore a moustache, but you did to the best of my belief—there were nine or ten cashiers from other banks at the station-yard where I saw you, and we each came into the yard successively—you stood third, fourth, or fifth from the steps—I heard afterwards that only two cashiers identified you.
Re-examined. He said he came from Emmett, Son, and Stubbs, the drawers—I never saw him again till he was at the station.
JOHN HEATH STUBBS . I am a solicitor, of 14, Bloomsbury Square, and a partner in the firm of Emmett, Son, and Stubbs—it consists of myself and John Nelson Emmett—the signature of this bill is not mine nor my
partner's; neither is the endorsement—it is a forgery; we do not draw.
Corss-examined. I have been nine years in the firm-before that it was Emmelt and Son-Mr. Findlay was a member once—there was a clerk in the office named Olin, be has left more than six months., he is of French extraction—we never had a clerk named Merton or Murtonwe never had business with Stuckey, Son, and Pope.
Cross-examined. I remember you as locum tenens, to Mr. Maynard and as managing clerk to another firm of solicitors in Middle Street—You were in Brighton some years, and were several times brought into contact with my firm—it is quite possible that you are familiar with my father's writing, and able to identify his signature—the firm was previously Stuckey, Son, and Jennings-MR. Pope came in in 1883 or 1884.
HENRY SCOOT (Detective Sergeant). On February 7th I took the prisoner in custody on another charge at 2, Handel Street, Brunswick Square, where he occupied a small room—I found a number of Papers there, which I brought away—I said to the prisoner, on the remand, I find you have a moustache there"—he said, "Yes; that is for going to a ball" or "a masquerade ball."
Cross-examined You did not say that you wore the moustache at a bal manque during the Christmas holidays.
WILLIAM EDMUND JONES . I am a cashier at the Union Bank of London Princes Street—on 2nd October the prisoner presented this bill of exchange for payment. (This was for £195, drawn by, Albert Symonds and Co., on Morris Harris, Library Chamber, Basinghall. Street, accepted Morris Harris) I handed it to the ledger-keeper to initial he referred it to the chief ledger-keeper; there was a delay of five minutes—I had to go away, and when I returned the prisoner was gone—I picked him out on 21st February at Marlborough Street from about twenty others—on 2nd October this letter came to the bank, it isinthe same writing as the acceptance-"Dear Sir,-Please meet my acceptance, due 2nd October, for £195, and oblige.—Yours faithfully, MORRIS HARRIS"
Cross-examined. I know you by your appearance, face height and build—the ledger desk is at the rear of the counter; when a bill is presented, the cashiers refer to the ledger—we have no clerk who can identity you-as Mr. Harris never accepts billls took Particular notice of you I believe you wore a frock coat and a high hat—I do not, think you had a black leather bag, eye-glasses, or spectacles-Sergeant Tayor asked me to go to Marlborough Street Police-station, but gave me no description of the man in custody—I found seven or eight-representatives of other banks there—I spotted you at once; the only difference was that you had a different hat on-someone asked me to touch the man, and I touched you-only two other cashiers identified you; the others failed-similar frauds were perpetrated on our Regent Street branch—I should not like to swear positively that you are the man, but I have no doubt whatever.
Cross-examined. I never saw you before.
Cross-examined We are strangers to each other—there is no recently discharged clerk or employe of mine in any way resembling you, or any clerk or person having offices in Library Chambers, who would have access to my signature—our clerk had access to our indiarubber stampno suspicion attaches to any individual who could imitate my signature.
The Prisoner, in his defence, did not deny presenting the £ 190 bill; he stated that he was a solicitor, and had been thirty years on the Rolls, and was also a commissioner to administer oaths; that on the 30 January he was in a restaurant in Finch Lane, and entered into conversation with a man, who informed him that he was Mr. Mm ton, a clerk to Emmett, Son, and Stubbs, of 14, Bloomsbury Square, who I he wed him the bill, upon which he recognised the signature of Mr. Stuckey, senior; that Mr. Murton, being the worse for drink, asked him to present the bill on his behalf, which he did; and being told to come again, asked for the bill back to show Mr. Murton that he had not received the money; that he returned to Mr. Murton, and told him what had passed, who said that he would attend at the bank himself; he denied presenting the other hill.
There were two other indictments against him.— Eighteen Months' Hard Labour.
MR. H. AVORY Prosecuted, and MR. GEOGHEGAN Defended.
JOSEPH NEWPORT . I keep the Queen's Arms, Penton Street, Pentonville, and have an account at the London and South-Western Bank, Camden Town Branch—I have known the prisoner some time—I last saw him about twelve months before December 13th, when he called and asked mo to oblige him with a small cheque to send into the country—my daughter, who was present, drew this cheque for £2 10s., which I signed and gave to the prisoner in exchange for cash—he wanted the name of Mr. Hanwell put in as the payee—ho said he was still a lawwriter as he used to be—I did not see him again till he was in custody—I got my pass-book from the bank about three weeks afterwards, and found £300 debited to mo which I knew nothing about—I went to the bank, and they showed me this letter of 16th December: "Please honour my acceptance for £300"—this is a good imitation of my signature—they also showed me a bill of exchange, which purports to be accepted by me—I did not accept it, or authorise anyone to do so—it is a very good imitation of my signature—Mr. Robert Turnham, who appears to be the drawer, is the brother of my son-in-law; the prisoner knew him.
Cross-examined. My daughter, Mrs. James Turnham, serves behind the bar; people visiting the house would know her as Mrs. Turnham, and that she is my daughter—the cheque I gave the prisoner was crossed, and made out to M. Hanwell, not "Mr. Hanwell," and it is endorsed M. Hanwell—I had only gone into the public house about a month—the prisoner called as a friend.
ROBERT TURNHAM . I am manager to a licensed victualler, at 265, Old Kent Road—I have known the prisoner some time, but had not seen him for five years before December 16—I know nothing about this bill of exchange; this is not my signature, nor did I authorise anyone to draw or endorse it—I know nothing of this receipt for the money on the back—it is not an imitation of my writing.
Cross-examined. The prisoner was a great friend of mine and my brother, but we had lost sight of him for five years.
JOHN LISCOWL . I am manager of the Camden Town Branch of the London and South-Western Bank—Mr. Newport keeps an account there—on December 27 this cheque for £2 10s. came in through the London and County Bank, Holborn Branch, and on the same morning we received this letter, purporting to come from Mr. Newport; it is a good imitation of his signature—on the same morning, about 9.30, this acceptance was presented for payment; this also is a good imitation of Mr. Newport's signature—the bill was paid to the person presenting it with three £100 notes, Nos. 43,830, 59,707, and 59,708.
Cross-examined. I have been here all day, and was present during past of Pullen's trial—he was not convicted of frauds on our bank—he presented a letter, and then a bill of exchange—I was not here when the evidence was given; I only heard his statement.
FREDERICK STRAKER . I live at Hornsey, and am a cashier at the London and South-Western Bank, Camden Town—I cashed this bill for £300, with the three £100 notes mentioned, on December 17th; I was taken to the Police-court to pick out the prisoner about February 26th—I saw a number of people together, and picked out the prisoner, as knowing him, but not identifying him—the person who received it wrote "17th December, 1889, received within. Robert Turner £300."
Cross-examined. A number of men were arranged together at the Police-court, and I picked the prisoner out, as knowing his face; the others were not of the labouring class, but of the clerk class—all I remembered was that I had seen him somewhere.
Re-examined. I do not mean that I had seen him in a steamboat, or in the road; I have seen him in some special instance when my attention was attracted to him.
HERBEBT ARTHUR ETHERIDGE . I am a clerk at the London and County Bank, Holborn Branch—Mrs. Salter, who keeps the Castle Public-house close by, has an account there—this cheque for £2 10s. was paid to her account.
ELIZABETH SALTER . I keep the Castle, Furnival's Inn, Holborn—I have seen the prisoner in the street, but not as a customer—I cannot swear to this cheque, but I cashed one for this amount, I do not know on what bank.
Cross-examined. The person for whom I cashed it was quite distinct from the prisoner—no other £2 10s. cheque has been shown to me or paid through my account.
Re-examined. I cashed it for a man, a customer; I do not know his name—I Should know him again—it was endorsed when brought to me.
other two were cashed over the counter, on December 17th, for gold—the person was asked to put his name and address on one of them, and he wrote "G. Antill and Son, Horseferry Road Asbestos Works"—the other note bears the stamp of the London and South-Western Bank, Camden Town, but no name or address—the other bears the name "Henry Suter, 169, Piccadilly."
THOMAS GEORGE CARTNELL . I am assistant to Mr. Rheinhard, a moneychanger, of Coventry Street—I changed this note, 43,830, for a person who endorsed it "Henry M. Suter"—I paid it into the London and County Bank—I had never seen the man before.
Cross-examined, I do not identify the prisoner.
EDWARD SWIFT . I am employed at Mr. Ridgway's, the publisher's, 169, Piccadilly—Henry M. Suter does not live there, but he had his letters addressed there—I knew him many years ago; the last time he was there is more than a year ago—I am not aware that I ever saw his writing.
Cross-examined. He was introduced to me as Mr. Montigni; that is not the prisoner—I have not been subpœnaed to give evidence in Pullen's. case—the signature on the first cheque is not at all like that of my firm—I do not know a firm of publishers named Antill near us.
HARRY WHITE (Detective Sergeant). This forgery was placed in my hands for investigation, and having ascertained the prisoner's name and address I wrote to him at 5, Took's Court, and in reply received this letter signed Richard Poppin—I cannot find any asbestos works in Horseferry Road, or Antill and Sons.
Cross-examined. I have inquired about Henry Sutor, alias Montigni, but cannot find him.
THOMAS BANNISTER (Police Inspector S). On 24th February I went with Sergeant White to 5, Took's Court, Chancery Lane, where the prisoner rents an office in the front parlour, as a law-writer—three or four men were working there in his employment—I reed the warrant to him—he said, "I know nothing about it; how did I forge it?"—I said, "The allegation is that you obtained a cheque from Mr. Newport, and said you wanted to send it into the country, and this cheque was not sent into the country; you are accused of tracing the signature, and thereby forging the bill"—he said, "I did not say I wanted to send the cheque into the country; I sent it to a girl at Vigo Street"—I said, "If you wish me to make inquiries of her I will do so, if you will give me her name, etc. "'—he said, "I cannot, I have not seen her since; she was a girl off Piccadilly"—I said, "I shall have to search your place'—he said, "You can, search my place and me too"—on the way to the station, in a cab, I searched his pockets, and came across the letter which Sergeant White wrote to him—I handed it to Sergeant White, and the prisoner said, "You smile; I had no idea who it came from, but I wrote a reply to it"—I also found two pawn-tickets on him.
Cross-examined. The £300 was obtained on 17th December—one pawn ticket was dated January 28, for a gold albert £7, and the other on February 5, for a pin £1—he was pawning those things within three months of his getting this £300—this letter was written by Sergeant White, to get a specimen of his writing—he wrote a letter to me from prison, when he knew he would be charged with forgery—I have not got it with me—as far as I could see, there was not the slightest attempt to disguise his writing—Took's Court is let out in a number of offices—I
was present part of the time when Pullen was tried to-day—I do not know that he had an office over the prosecutor's head, nor did I hear it stated that Pullen's address was Took 8 Court; but a letter was found on him addressed from 5, Took's Court; it is only hearsay.
Re-examined. I only heard that some person at Took's Court wrote a letter to Pullen, which was found on him.
FREDERICK GEORGE NETHERCLIFT . I have had a great many years' experience in the study of handwriting—in February last I received from the solicitor to the bank, the bill of exchange, the letter of authority to the bank, the cheque for £2 10s., and the letter and envelope written by the prisoner, and the bank notes with the endorsements—I studied them—I have compared the writing in the prisoner's letter with the bill of exchange, and say that it is his disguised writing, and also the acceptance on the bill, and the endorsement, and the receipt for the money and the letter of authority to the manager, which is an imitation of a woman's hand—Mr. Newport's signatures have been traced from the signature to the cheque; they fit exactly—it is utterly impossible that any man can write his name exactly the same three times, or even twice—the figures on the bill and on the letter of authority have been traced from the signature to the cheque; that has been the model—I believe the endorsements on both notes are the prisoner's disguised writing, written very rapidly—this letter of advice to the manager is in an imitated woman's writing, and the person who wrote it knew that Mr. Newport had a woman to do his writing for him—the "L "standing for "pounds" is written with a very fine pen, in imitation of a woman's writing, and it is written rapidly—I recognise the prisoner's writing through all these documents, and am quite prepared to give the particulars.
Cross-examined. All the writing is disguised except the genuine letter, by which I mean that there are more dissimilarities than similaritiesthe most characteristic thing about the forgery is a dot under the "th"; that runs through every document—I was not asked to examine any documents in Pullen's case—in the document signed Morris Harris, October 1st, there is a dot under the "st," but not like this—I have not read an anecdote about myself in Mr. Montagu Williams' book, and if I had I should not attach importance to it—he was very angry with me for beating him—the Jury thought I was wrong in the matter of the Lord Mayor of London—this is not a cross between a Greek "d" and a German "d"—the "d "in the cheque signed "Ridgway and Co. "in Pullen's case is a common sort of "d, I mean the "d "in Saunders—the best test of handwriting is not the slope of the letters, if a man disguises it he then does vice versa and writes upright.
Re-examined. I find fourteen to sixteen peculiarities in this writing, and if you can show them to me in any other writing I will confess that I am wrong—comparing the capital "E "in Eobert in the endorsement of the first bill with the "E" in Richard Poppin in the genuine letter, there is a little more flourish in one, but they are identically the same. (The witness pointed out several other similarities to the Jury).
T. G. CARTNELL (Re-examined by MR. GEOGHEGAN). I changed one of these £100 notes—the person endorsed the name of Suter on it with pen and ink—I have no distinct recollection of him, but I do not think it was the prisoner.
The Prisoner received a good character.
NOT GUILTY .
THIRD COURT.—Thursday and Friday, March 27th and 28th; and
OLD COURT.—Saturday, Monday, and Tuesday, March 29th and 31st, and April 1st, 1890.
Before Mr. Common Serjeant.
331. WILLIAM SCOREY (51), JAMES FRASER (32), JAMES RICHARD GURLING (33), FRANCIS BROWN (55), MARY TURTON (39), WILLIAM GRANT (44), GEORGE WILLIAM PARK (35), SAMUEL LEWIS (45), THOMAS MAKEHAM (61), and MARTIN FARRELL (42), were indicted (in Sixty-nine Counts),. Some separately and some jointly, for conspiracy to defraud, and also for obtaining possession of certain moneys and valuable securities by false pretences, with intent to defraud.
MR. FORREST FULTON and MR. MUIR Prosecuted; MR. GEOGHEGAN and MR. RAYMOND appeared for Scorey and Farrell; MR. PAUL TAYLOR for Lewis; MR. SANDS for Grant; MR. CHARLES MATHEWS and MR. HUTTOX for
ELLEN HAMILTON . I live at 270, Cornwall Road, Notting Hill—in 1886 I owned 268, Cornwall Road—in April that year Fraser called on me with reference to that house—he asked me if the house was mine—I said not quite; I had not quite completed the purchase—he asked me if I should want to let it; I said, "Certainly"—he said he thought he should be able to find me a desirable tenant—in June, 1886, when the house became mine, Fraser called on me, and brought mo a sort of document to sign, to the effect that if he found me a tenant I would pay him the usual 5 per cent, commission on the first year's rent—I have not got it—two or three days after that he brought Scorey as the tenant—I saw Fraser afterwards, and he gave, as references for Scorey, A. Denning, 14, Corinne Road, Holloway; and W. Scott, Westow Hill, Sydenham—I wrote to both addresses, and had favourable replies that Scorey would be a most desirable tenant in every way—I signed this agreement, which Fraser drew up and charged half a guinea for. (This was dated 22nd June, 1886, between Miss Hamilton and Scorey, for the letting of the house for three years, at a yearly rent of £45)—I gave Scorey the key; he did not enter into possession for ten weeks—he paid no rent—I cannot say I tried to enforce the covenant for the payment of rent—I tried on 30th September, 1886, to take possession—I had a key, and I went in and had possession for two days; it was empty as far as I know—I locked it up—Denning broke in at the dining-room window in the middle of the night, and gave Scorey possession again—Scorey remained in possession till 7th January, 1887, when he wrote a document, cancelling the agreement, after I had employed the broker who tried to get into the house, and negotiated with Scorey—a man giving the name of Gurling, who is like Gurling, but whom I cannot identify, came about Christmas, 1886, and said he could gain possession for me if I paid him £6, and I agreed to do so if he gave me possession by the date he named—he did not get possession, but Scorey came, and I got the agreement back on 7th January, and got possession about 10th February—as Gurling had tried, I paid £3 to Denning, to be shared between Gurling and Denning, as they said they were in partnership as brokers—they came together to me the first time I saw them—
Brown was a lodger at 268, Cornwall Road—I paid him 10s. after he had gone out and his things had been removed, as compensation for disturbance—Gurling promised to eject him for me, but did not succeed—Score'came one night and said for £5 consideration he would cancel the agreement—I paid it, and got this document, cancelling the agreement—Scorey said it was as good as getting the agreement back—in it he agreed to bring no action against me in respect to the levy, and I to bring no action against him to recover rent—I had to pay Denning and Gurling £3 for trying to get rid of Brown, as well as the £3 for getting rid of Scorey, and Denning would not go out till I paid him £3 or £4—I paid three sums, one for Scorey, one for Brown, and one for Denning; but Gurling had nothing to do with the third £3—Denning and Mrs. Turton were living in the house—I paid £14 10s. altogether for getting rid of them, £2 5s. for getting the tenants, and 10s. 6d. for the agreement—I am very nearly sure Mrs. Turton is the person; she gave the name of Mrs. Denning—she lived some considerable time at 286, with Denning, as Mr. and Mrs. Denning—I tried to put a distress in, but the broker did not succeed—the only distress levied was that effected by Gurling—I recovered nothing, but lost something by it—Scorey was absent then—these people were in from July till February—the house was left in such a bad state that I gladly took £100 less for it than I had given six months before—I sold it while they were in it, in January, 1887, as it stood, at a loss of £100.
Cross-examined by MR. RAYMOND. I have independent means—I am thirty-seven years of age—I was anxious to let the house—I thought if I had an agreement I was safe to get my money—Scorey went in on 20th July—I agreed to let him have it from the half-quarter—the half quarter's rent, £5 12s. 6d., was due in September—I got into the house between 7 and 8 p.m. on 30th September—I knew I was doing wrong by going in, but I was advised to do it as a last resource—I had not asked for the rent before I broke in; it was the day after it was due—I was told it was his business to bring it to me—I did not stop in the house for two days, but I kept possession of it—I knew Scorey was away when I went in—I kept him out for two days—I heard Mr?. Scorey come back the same night, but not Scorey—he had no lodgers there then, as far as I know—he had had some before; as far as I know they were respectable—I was at my window, and saw them all go away—I only stopped in the house long enough to bolt the front door and go out at 4he back—the rest of the house appeared to me to be empty—Scorey was in possession till 10th January, but I could not get in till February, because of the lodgers who remained, Gurling and Denning, and Mr. and Mrs. Brown—I don't remember ever asking Scorey for any rent—he only complained of the way I had treated him, by letter—an action might have been brought against me for going into the house illegally—Scorey gave me possession of the house at last, Gurling did not—Gurling said he had taken an inventory of the furniture—I did not see it—on the Wednesday before 10th January I signed for them to make an inventory to make a distress—I did not demand rent.
Cross-examined, by Fraser. I wrote you a postcard—some time afterwards I saw a cheque of Scorey's on the London and County or London and South-Western Bank—it was given to Mr. Eames, but it was made
payable to E. Scorey, and was for 5s.—you told me he had a banking account—I did not know he had £60 at the London and South-Western Bank when he took the house—you said you would do the agreement for half a guinea less than an ordinary solicitor's charges—I was satisfied with the references—after Scorey took possession I had no transactions with you—when I had paid your commission I had finished with you—I should say you were not responsible for what occurred afterwards—if any other house-agent had introduced Scorey and given a reference I should have paid him commission.
Cross-examined by Gurling. You called on me about the distress, and I said, "Use any means you like"—I signed a warrant at the second or third interview; Dr. Nott, a gentleman living in my house, persuaded me to sign it—he said, "Get a strong gang, and throw the people and furniture out"—you got a strong lot—Scorey gave you instructions to withdraw—you brokered on your own account—I paid Denning everything; not you—you brought the agreement to me—I asked you to get; Brown out, and I signed a warrant on his goods when I found I could not eject him by force—you got him out; I paid the costs of moving and the expenses on the warrant.
Cross-examined by Brown. I cannot say if you ever received the money, except that I had your signature on a receipt; I paid it to Denning to give to you—you showed me your lodger's book—I don't know if you were connected with Denning, Gurling, and the others—I employed them to eject you illegally.
Cross-examined by MR. HUTTON. Shortly after September Mrs. Turton and Denning came to live at the house—I understood them to be husband and wife—I knew the name of Turton before the proceedings while she was in the house I heard she was Denning's wife—she was there till I got possession—I spoke to her on one or two occasions—I understood she was lodging there with her little boy and her husband.
Re-examined. Gurling brought me a warrant to sign as broker, and acted as the partner of Denning—he and Denning were living in the house as lodgers—I paid to Denning 10s. to move Brown's furniture in addition to the other sums—I had a document written by Denning and signed Brown, saying he would not molest me any more.
WILLIAM HENRY PEARCE . I live at 46, Maryland Road, Paddington, and I am a builder—I know Scorey and Gurling—I first saw Scorey about the middle or end of September, 1888; he called on me at my address—he gave the name of Scorey, and said he saw I had the letting of a shop, 196, Cambridge Road, which he had seen, and said he thought it would suit him, and he wanted it for the business of a furniture shop—I said the rent was £50 a year, I could lot him have it, provided his references were satisfactory—he agreed to the rent, and gave me as two references, C. Brown, 58, Netherwood Road, West Kensington, and Truson, 42, Gillet Road, Thornton Heath—I wrote to those addresses and received these satisfactory replies, and on them agreed to let the shop to Scorey—he went into possession about 29th September, 1888—there was an agreement for three years at £50 a year, commencing from Michaelmas, 1888—I was only agent, and so I forwarded the agreement to the owner—we got possession of the house again in May, 1889—he paid no rent during that time—I several times tried to get it from him—I took proceedings in the County Court and
got an ejectment order against him, but we could not find him to serve the order—he had left the house, and left it in Gurling's possession—the shop was never opened—Gurling lodged on the first floor back room of the house, which was let out in rooms to about five lodgers—none other of the prisoners lived there that I am aware of—Gurling told me he could soon get possession if we wanted it, for a matter of £1 or £2—I did not do so, but took proceedings in the County Court—I saw Gurling go in and out of the house two or three times—when I got possession in May the house was knocked about a good deal, and was in bad condition; some of the basement flooring was gone, three coal-cellar doors were taken away—I did not see the furniture in the house.
Cross-examined by MR. RAYMOND. The house and shop had been unoccupied for three or six months before Scorey took it—some work was done to it before he went in—he said he wanted it for a broker's and furniture dealer's shop—the shop was five or seven minutes' walk from my place; sometimes I pass it five or six times a day—Scorey came to me about the third week in September; I know the date from letters I have-nearly three quarters' rent was due when we got possession—Scorey never gave me up possession—Gurling was living in the house—it was not difficult to get in; the front door was open—I did not employ Gurling—I took proceedings against Scorey—when I received the ejectment notice against him, he did not write saying he would give up possession.
Cross-examined by Gurling. You had nothing to do with taking the house or the reference—I was given to understand you represented Scorey with the lodgers in the house.
JOHN EDWARDS . I live at 46, Southam Street, Paddington—in March, 1889, I was lodging on the second floor front, at 196, Cambridge Road, Kilburn—Gurling was my landlord—I remained about six months—I paid three shillings a week rent—I identify Gurling—I know Scorey; I have often met him in the street, and had a drop of beer with him—I never saw him in 196, Cambridge Road—Gurling lived in the house—I know Brown by sight; he used to come backwards and forwards, and chat to Gurling; he did not live there—this is my rent-book; Gurling signed it in the name of Scorey.
Cross-examined. I went on March 2nd, 1889—I only know by this book.
Cross-examined by Gurling. I had been in prison two months for stealing pitch when I came to you—I had nowhere to go to—I was not at Sherland Road—I did not ask you to sign my book because the brokers might come in—I owed no rent to anyone—I paid till I saw Mr. Pearce, and he told my wife to pay no more money.
Cross-examined by Brown. I know nothing wrong against you; I only saw you once or twice coming and speaking to Mr. Gurling.
HENRY JOHN SKINNER . I am clerk to Messrs. Morgan, Son, and Upjohn, solicitors, 7, Furnival's Inn—I know Gurling, Brown, and Grant—Grant called at our office about November, 1888; he gave the name of William Grant, and the address 187, Ladbroke Grove Road—he said he was a coal commission agent—he called about 133, Chesterton Road, Notting Hill, and said he would like to take it on an agreement subject
to repairs being done—we agreed to allow him the half-quarter's rent up to Christmas, 1888, for the repairs—the rent was to be £40 a year—he gave as references James Jenner and Wells—I corresponded with them, and received these replies. (The reply from Jenner said that Grant seemed to be doing fairly well, and he thought he could pay the rent)—the references were satisfactory, and we let him the house, and he signed this agreement. (This was to take effect from 25th December for three years, at a rent of £40, payable quarterly)—we allowed £5 to the tenant to do repairs—the repairs were not done—I applied for rent soon after the 25th March, 1889, to Grant—it was not paid—I applied for the two quarters in June—I had this letter, addressed to Gurling, agent for Morgan, Son, and Upjohn: "I, William Grant, agree to give you possession within fourteen days, provided you allow me to remove my goods"—a week or a fortnight before that letter Gurling had called—he spoke to Mr. Morgan and to me—he said we had got a bad tenant at Chesterton Road, and we had better employ him to get possession for us; he said it would take £10—MR. Morgan said he would not give him anything to get possession—a day or two afterwards, Gurling called again, and we agreed to pay £5 for the possession of 133, Chesterton Road, and the following Saturday I went over, and received possession from Gurling; I paid him £5—this is the receipt I got for it. (This receipt was dated 13th July)—while Grant was in possession, I called on him once or twice; I could never get inside; I used to meet Grant in the road; his wife and baby were with him; he had no lodgers, I think—he did not do the repairs he agreed to do—I received no rent for the premises—the house was in a very bad state of repair—when it was given up several panes of glass were broken; the locks and windows were screwed up—I let another house. 46, Tavistock Crescent, to Owen Wood, who came about March, 1889, to our office with Gurling—he entered into this agreement, to take that house for seven years from 25th March, 1889, at £46 a year—I asked for references, and had the names of William Stevens, 190, Kilburn Lane, and Mr. F. Brown, 58, Netherwood Road—this is Stevens's reply to my inquiry. (This said that Wood would be found a suitable person for a tenant)—this is Brown's reply. (This stated that he had known Wood for some years, and that as hit tenant he was punctual in his payments, and he had every reason for believing he would be found a desirable tenant)—the first quarter, due on 24th June, was allowed for repairs, which Wood, the tenant, did—two days before 29th September, when rent became due, Wood went out of possession—he paid no rent—I went to the house two days after the 29th; I found lodgers there; Wood had gone—I then called on Gurling, who lived close by—on September 3rd I had had this letter from Gurling. (This asked the witness to meet him, as Wood had run away, after leaving a man in possession, who was demanding rent from lodgers; that he, Gurling, could stop all that, but that if Young got in he would hare trouble)—I had nothing to do with Young, and did not know him—Gurling said we had better give him a warrant to distrain on the few articles there—I gave him a warrant—he did not distrain—I gave notice to each of the lodgers not to pay rent to Wood or Young—the lodgers are still there as my lodgers now; we are in possession—they began to pay rent to me at the middle or end of October—I paid Gurling £3 for the distress—there was nothing worth distraining on
two sets of lodgers had been there two years before Wood went there; they were good lodgers; Wood did repairs.
Cross-examined by Gurling. I saw Wood's bank book, showing a balance of £18,1 understood, not £80—you introduced him to me—he did repairs to my satisfaction—I paid £5 to Wood, the balance of his estimate—I paid you £2 5s. for letting the house—I wrote Mr. Grant a threatening letter about his rent—you were to have £5 if you got possession within a certain time—I gave you £5 for Chesterton Road, and £3 for Tavistock Crescent—you had nothing to do with Grant's taking Chesterton Road.
Cross-examined by MR. SANDS. I am head of a department at Messrs. Morgan, Son, and Upjohn, and am responsible-for the collection of rents—three references were given: Jenner, Wells, and then Ripon, Plews, and Co., coal merchants, a very large firm, I believe—I only wrote to Jenner and Wells, not to Ripon, Plews, and Co.—I took no pains to find out who Jenner and Wells were, or whether they knew what Grant was—we do a good deal of house-letting business—our custom is simply to write to the address—I did not consult a Post Office Directory—133, Chesterton Road had been on our books a good many years—I could not say if it had let at that time; perhaps it had been two years on hand—I last saw the house before Grant went in, in 1888—a caretaker was in charge of it; other houses near it are let out in lodgings; I don't think Grant told me what he wanted it for; I cannot swear; he complained about one or two little things in the way of repairs, and we agreed to allow him £5 to do them—after he went in he complained it was in much worse condition than he expected—I think he corresponded with me complaining about it; that was after the first quarter's rent became due in answer to my demand—he said the water was coming through the roof; he said something about objecting to pay rent on account of the state the house was in; we did not do anything because of the bad appearance of the front of the house—I had two letters from Grant, perhaps about the repairs—I never saw Gurling before the beginning or middle of July, before Grant's affair—Wood came in March, 1889, to me—Gurling said he was a broker, and gave his address; I made no inquiries about him—he said we had got a bad tenant, and he could get him out; he asked £10 then; I told him to come back and see Mr. Morgan, and I think he saw him—I asked him nothing about his charges; I thought he was a licensed broker, and would make the usual charge—I was satisfied with hint—I received £1 from him.
Re-examined. The bank book I saw of Wood was on the Post Office Savings Bank—I did not see inside it—I understood Gurling to say his balance was £18—I did not write to Ripon and Plews then, but I had a letter from them afterwards—this is the receipt I got for £3 in relation to Tavistock Crescent—this is the agreement for the lease of 46, Tavistock Crescent for seven years, and this the letter from Wells.
WALTER THOMAS NEAL . I am a baker, living at 46, Tavistock crescent—about March, 1889, Wood took that house, and occupied the shop and back parlour—the shop was a paperhanger's; I don't think any business was carried on, much—I became his lodger, occupying the kitchen and first floor, and paying 9s. a week to Wood—Mr. Bridger, another lodger, paid 7s. a week—I have often seen Gurling there, he D 2
stayed in the place for a week or so, as a broker, I understood; that was the only time I saw him there—I saw Young there about the same time as Gurling—Young was representing me, to receive my rents on behalf of Wood—I was not satisfied, and communicated with the landlord, and through me Wood was got rid of in October, 1889—he absconded, he told me he was going to take a job in the country; he went away and never came back—I know nothing about him—I now pay my rent to Morgan, Son and Upjohn.
Cross-examined by Gurling. Your wife did not see me there before the distress.
BERNARD LEE . I am a house agent, living at 319, Harrow Road—I recognise Gurling and Brown—I saw Gurling once—on 16th March, 1888, Brown called on me about taking a house I had to let at 97, Chippenham Road—he gave an address at Shepherd's Bush—he wanted the house for himself—he gave me references to Mr. Foreman and Mr. Bastard—I wrote and received these replies. (The reply from Foreman stated that he had known Brown about twenty-five years as a respectable and trustworthy tradesman, and in a position to pay rent of any premises he tool: That from Bastard said he had known Brown for many years and always heard him spoken of as a very honest man„but that he did not know anything about his means)—on receiving those replies I let the house to Brown—this is the agreement signed by him, it is for three years, in the ordinary form—the rent was £65 a year—he took possession on 16th October, 1888—at Christmas the first quarter's rent, less a deduction, became due—I got no rent—I applied several times for it—I saw Brown several times; he made the excuse that he had not the money to pay, but that as soon as he got it he would pay us—he continued in possession for going on for nine months—my client had to put the matter in the hands of his solicitor—no rent was obtained—after it became due I had a visit from Gurling one evening, who said he had nothing to do with Brown, he was connected with a loan office, and he came to know if Brown owed me any money, because he wanted to apply for a loan from an office he was connected with—he got no money from me—then the matter passed out of my hands, Mr. Saunders, the landlord, put it into his solicitor's hands.
Cross-examined by Brown. I was perfectly satisfied with your references—you paid me a guinea—the clerk from the Waterworks called on me to know what kind of a tenant you were—the house was in a bad state when you took it, I don't know that it was not tenantable; I asked you to make out an account for repairs, and said perhaps we would allow for a reasonable sum out of the rent—I don't know if you did any repairs.
JOSEPH SOLOMONS . I am a solicitor, at 58, Finsbury Pavement—in May, 1889, in consequence of instructions from Mr. Saunders, I brought an ejectment action against Francis Brown, in respect of 97, Chippenham Road—a defence was put in; and after that, on 16th July, Gurling, who gave the name of Watson, called and said, "I have heard that you have an action of ejection for Mr. Saunders, in respect of 97, Chippenham Road"—I said, "How do you know that, and who sent you?"—he said, "MESSRS. Morgan, Son, and Upjohn have sent me, for whom I have done business," and he said he had hoard of this action, but would not tell me how—I said, "What do you want?"—he said, "If you give me £10
I can get you possession"—I said Mr. Saunders, the owner of the house, had in the first instance been offered possession by Brown for £10, and that after all the expenses Mr. Saunders had been put to in the action, and as in the first instance he had refused to pay blackmail, I was certain he would not now—he called on subsequent occasions on the same matter, and was always urging how uncertain the law was, and the delay that would take place; the Long Vacation was coming on—I consulted my client, and eventually he agreed to pay £4 10s. to stay the action, the defence to be withdrawn, and judgment to be signed for possession—he also paid our bill of costs, £25, I think—I did not pay the £4 10s. to Gurling; I said I should have to see Brown's solicitor, Mr. Harrison—I saw Mr. Harrison, and arranged that the defence should be withdrawn, and then I wrote this letter. (Saying, that on possession being given up fie agreed to pay £4 10s.)—I got possession—£4 10s. was paid by cheque to Mr. Harrison, and Brown signed this receipt, and proceedings were stayed—no rent was paid by Brown; I never heard of any—I claimed full rent and possession in the writ.
Cross-examined by Gurling. I paid you nothing.
ALBERT HERMANN . I am clerk to Mr. Solomons—on 9th August I went to 97, Chippenham Road, and there saw Gurling, whom I knew by the name of Watson—I received possession for the landlord from Gurling when the £4 10s. had been paid—there was no furniture, only a few sticks and rags—I was present, on 10th August, when the cheque was handed to Mr. Harrison.
JOHN GEORGE PROUD . I was clerk to Messrs. Temple and Graham, builders—in September, 1888, I saw Farrell, who gave the name of Grant, and said he lived at 55, Ossington Street, Bayswater, and said he had a tenant, Mrs. Johnson, for the house, 22, Fulham Palace Road, that my principals had to let—he was to have the usual commission of 5 per cent, on the first year's rent—there was no mention of references—Mrs. Johnson got possession, so far as I know, and Farrell had 36s.—that property shortly afterwards passed out of our hands, but I know no rent was paid—after that he told us he had a tenant, Mr. Coiner, for 23, Fulham Palace Road, and he got another 36s. for introducing him—no rent was paid for that house, which soon after passed out of our hands—they had to turn out any tenant who was in the house—in March, 1889, he came again (I recognised him) about the house, 14, Oxberry Avenue, Fulham, which he said Samuels wanted, to take—we let him nave it; this is the agreement executed in the matter, it is for three years—I never saw Samuels, I gave the agreement to Farrell, who brought it back signed—he got £2 commission for the introduction—on 24th June we applied for the first quarter's rent; it was £40 a year—we did not get any—after Michaelmas a distress was put in—I do not recognise Scorey; I have an impression I have seen him, but I won't swear to him.
Cross-examined by MR. RAYMOND. I paid Farrell his commission; he gave me receipts, I have not got them—the tenants he brought were the first tenants in the houses; they were sold a little time after—we did not ask for references.
Re-examined. I thought Farrell was a respectable man.
had a house to let, and that he would find me a good tenant for it—he was to have commission; I paid him £3 10s.—the tenant's name he gave as Alexander Denning—I asked for references, and he gave me two with their addresses—I wrote, and received very satisfactory replies. (One of the letters, from a reference signed M. Farrell, said that he had known Denning for some time as his tenant, and that he was highly respectable; the other, signed J. B. Turton, in Denning's writing, said that he had known Denning for some years, that he was a member of a very good family, and would prove in every way a very good tenant, he believed)—I agreed to let the house to Grant for Denning, and an agreement to let the house at £50 a year for three years, prepared by Grant, was signed by Denning—Denning took possession on 29th September, 1888—I paid Grant £3 10s. on the 21st September; he charged a guinea for drawing the agreement—he gave me this receipt—Denning remained in possession till February, 1889, half a year and a few weeks; I got no rent—I frequently asked for it—at the premises I saw and spoke to the prisoner Turton about the house generally; I thought she might be a sister—I always knew her by name of Mrs. Turton, and by no other name—I thought she was Mrs. Denning till afterwards, and then I heard she was Mrs. Turton—she appeared to be living there as Denning's wife; she went by the name of Turton—this is the letter I received from Grant. (This gave the names of the references, Turton and Farrell, and said his client Denning was anxious to get the house as soon as possible)—Denning and Mrs. Turton went away from the house suddenly without any notice.
Cross-examined by MR. HUTTON. I was told by some shopkeepers that she was known as Mrs. Turton—I never heard Denning was known as Turton; they passed by many names—she was there a few weeks—I only saw her there twice—they did not give me access to the house—I only discussed household affairs with her—my impression was that she was Mrs. Denning.
Cross-examined by MR. SANDS. I saw Mr. Denning four times, I suppose; he came twice to my house—I applied for the rent—he said he was going to Scotland to realise property, and could not pay till his return—Grant gave a reference to Lillie Bridge; I thought he was a house agent there—I made no inquiries—I saw the house agent four or five times—Grant is the man, to the best of my belief—I never saw him after I paid his commission on 28th September, 1888.
Cross-examined by MR. RAYMOND. I saw Farrell; I went to the addresses of both of the references, and found they were empty houses—I know nothing of this letter, except that it bears Farrell's name.
Re-examined. I could hear nothing of the persons who had been given as references.
JAMES GIBB . I live at Southgate Mill House, "West Hampstead, and am a builder—in December, 1888, a man (whom I do not recognise here) giving the name of Graham, called and represented himself as a house agent, and said he had a tenant, Mrs. Turton, who lived at The Hollies, Richmond, for 14, Dunster Gardens, which I had to let at the time—he gave as references Captain Walkingshaw, 55, Ossington Terrace, Bayswater, and Mr. Denning, 7, Lonsdale Road, Barnes—I communicated with them, and received these replies. (The letter from Captain Walkingshaw said he had known Mrs. Turton and her late husband for many years; that she had independent means and an estate in Scotland, and would be a desirable tenant
for the house. That from Denning said Mrs. Turton was a respectable tenant occupying a house of his)—I agreed to let the house, and the prisoner Turton signed this agreement for three years, dated 23rd January, 1889, at £46 a year—she entered into possession in February, 1889, and on the 15th February I paid Graham £2 6s. by this cheque—he endorsed it, and it was paid by my bankers—before she became tenant I wrote to Mrs. Turton, at The Hollies, Richmond; this is the envelope, it came back through the dead letter office, marked "Not known"—I wrote and called several times at the house—I have seen Turton and the man there—she had a lodger there—I got no rent—I put a distress in, but I got nothing, I only saw three chairs and a table—a return was made, "No goods"—I afterwards called and saw Turton and Graham in the house—Turton said she thought I was acting very wrong, and she should not pay any rent now, and would not vacate the house either—on 1st July I sent a man, and had the doors and windows taken out—then I was served with a writ between Mary Turton, plaintiff, and James Gibb, defendant, claiming damages for wrongfully entering the house and breaking windows and doors, and removing goods—the address of the plaintiff on the writ is 14, Oxberry Avenue, Fulham—they cleared out—opposite Bow Street Marshall brought a man and asked me if I could identify him, and I identified him as Graham—he afterwards made his escape.
Cross-examined by MR. HUTTON. It was a new house at Dunster Gardens; it had been built three years—I was glad to let it—Turton was in the house four and a half months—I went there about six times during that time—I saw Graham there—not on each occasion; I spoke to him twice—I knew him as Graham, not as Denning; I asked his name when he first came to me—I believe Turton and Graham remained after I took the windows and doors away; I did not go and see—I did not know if there was any furniture till after the man was in possession; I only went inside the hall before that—I cannot say if there was furniture between the times she entered into possession and I removed the windows and doors—I went to the house about six weeks after she entered into possession—I believe she said she was willing to pay, but had a difficulty in getting a matter settled—I have heard she is receiving an income, the capital of which is in the hands of trustees.
Re-examined. I saw her sign the agreement, and know her writing—these are letters from her. (One of these gave reasons for not writing and sending money before, and saying she would send in a few days. Another asked not to be annoyed by brokers' men, and to be protected from annoyance in future.)
DAVID DAKERS . I live at 1, Gordon Villas, West Hampstead, and am clerk to Mr. Gibb—on 1st July I went to Dunster Gardens with some men, and took out the doors and windows—I saw Turton and Graham there—Graham sent for a constable, and told him his name was Denning; that he was there as Mrs. Turton's agent—I told the constable I knew him under the name of Graham—Graham said he traded under the name of Graham; that he lived at 14, Dunster Gardens, for the present—Mrs. Turton went out about 5th or 7th July—we found the house in a very dirty condition—there was a chair, a sofa, and a table there; some rooms were empty.
Cross-examined by MR. HUTTON. I went to the house once—Turton was present at the conversation I had with Graham—I went on the top
floor, and saw the lodger—I spoke to Denning and Brown—the windows and doors were not put in again till afterwards.
GEORGE ROBERT SMITH . I live at Elnido, Green Hill, Harlesden, and am an accountant—in March, 1889, I had a house, 18, Norland Road, to let, and Fraser called and said he had seen the house, and asked if it belonged to me, and offered to take it at £36 a year—I asked for references; he gave me Mrs. Fincham, who he said had been his landlady, at 44, Cornwall Road, for five years—I did not know she was his mother—I let him the house on this three years' agreement—he entered into it in May, 1889, and stayed till January, 1890—I got no rent—there were lodgers in the house—I got rid of him at last by paying him to go out—on Christmas Eve Gurling, whom I knew as Richards, came and said, "You have a house that you want to get a tenant out of, have not you?"—I said, "Yes"—he said he would get him out for me; that he was a certificated bailiff, and he was to have something for his trouble—I refused to have anything to do with him; I did not like the look of him—I gave him one shilling to get rid of him—he said he had known Fraser very well, he would get him out in three days—I gave Fraser £2 10s. to go out after he had been in two quarters and paid no rent—I saw lodgers in the house on the one or two occasions I went there—when it was given up it was in a very bad condition, very dirty, and paper and paint much destroyed—Gurling gave this card when he came, "F. Richards, 80, Portnall, Road, Harrow Road," "Mr. P. B. Makeham" is also on it, but is scratched out.
Cross-examined by Fraser. I was perfectly satisfied with the reference Mrs. Fincham gave me—I went to Mr. Burns, a solicitor, when I did not get the rent in October, and left the matter in his hands—if Mr. Burns offered to release you from the rent if you went out on 18th October, he did it without my instructions—you called, and offered to give up possession, and hand me the key—I said I could do nothing without consulting my solicitor—subsequently I attended, and offered you £3 to give me vacant possession—you offered me the house with the lodgers in it—I said I would have nothing but vacant possession—I think that was previous to Gurling calling—you did not tell me anything about a lodger's wife daily expecting confinement—it was arranged you were to get the lodgers out—I don't know what you got from the house—I daresay the repairs to the house will cost £20—I have not had them surveyed, but I know what a house costs to repair—you said it would cost £14 at least—it was wear and tear, but not reasonable wear and tear; none of the structure was injured—I found a door smashed when I received possession—the agreement was cancelled—I don't suppose I should have taken any more trouble in the matter if the Treasury had not taken up the matter.
FRANCIS GROOM . I am managing clerk to Thomas Patrick Burns, a solicitor, of 200A, High Street, Harlesden—I received instructions from Mr. G. E. Smith, with regard to 18, Norland Road—I called there to see Fraser—I could not see him; I left a message, and he called at my office about 19th October, 1889—a letter had been sent to him demanding payment of the rent, and he called in reference to the letter, and said he was not then prepared to pay the rent—after some conversation I asked whether he was prepared to give up possession, as he had broken the covenants of his agreement, if I gave him a receipt for the quarter's rent
due at Michaelmas—he said, with a sneer, "I want more than a quarter's rent"—I said he would not get it, and we should have to distrain—he said we could distrain; there were goods on the first floor belonging to himself, and the other furniture belonged to the lodgers—on the 18th December I went with Mr. Smith, the landlord, to 18, Norland Street; I there saw Eraser in a back room, first floor—there was very little furniture in the room—I said if he would give vacant possession at once we would give him £3—he consented to that, and promised to give notice to the lodgers on the following Saturday, and that we should have possession before Christmas—I had subsequent interviews and correspondence with him, and we ultimately got possession on 27th January—two quarters' rent were due then—I got no rent from him—I paid him £2 10s., not £3—there were three sets of lodgers at that time; Mrs. Fincham was living on the first floor—the house was in a bad state of repair.
Cross-examined by Fraser. I wrote on 17th October, asking for the rent, and you said you would pay on the following Saturday—I offered to let you off the rent then—I may have applied to you by letter afterwards—Mr. Smith instructed me to do what I could—I called at the house on several occasions after the rent was due—I asked the lodgers what amounts they paid; I did not ask them to produce their rent-books; I think I informed them that you had not paid your rent the second time I went—I called on you with Mr. Smith—you offered me the house with the lodgers in—I refused that, and to!4 you that vacant possession would be required—you said that a lodger's wife was daily expecting to be confined—I afterwards heard that Mrs. Underwood was confined, but she was out before Christmas—I think this interview was a fortnight before Christmas—on the Saturday before you gave up possession you said you had a difficulty about getting a lodger named Humphreys out of the top floor, and I drew up a letter to him—I very likely suggested that you should pay him for his removal; I did not arrange that you should pay the rent by instalments; nothing was said about instalments—you said that eventually Mr. Smith should have his rent, and that you were not going to cheat him out of his money—I went over the house with you on 27th January—you had locked up all the rooms—I said it was in a very bad state; I complained about the repairs, and told you it would cost Mr. Smith £14 or £15 to put it in decent order—I said I thought you were acting very unjustly, and you admitted it—one of the doors was broken—the agreement was endorsed, "Cancelled by mutual consent," on the understanding that no claim should be made against you.
Re-examined. Fraser took the house early in May, I believe—I knew nothing about the matter till October.
ALFRED UNDERWOOD . I am a bricklayer, of 69, Macfarlane Road, Shepherd's Bush—in November, 1889,1 lodged at 18, Norland Road, first in one, and then in two rooms, 'paying 3s. for the one and 4s. 6d. for the two—Fraser let the rooms to me—I paid my rent regularly to him—he did not live in the house when I went there, but he came afterwards—I left on 18th January—other lodgers were in the house—my wife was confined there on 23rd December; she was about again about the second week in January, as near as I can remember.
Cross-examined by Fraser. You made no attempt to let the parlours while I was there—you gave us notice to leave directly my wife was able to get up; it would have been dangerous for her to have moved before—you had previously informed me you had to give the house up—I know Humphreys, another lodger, declined to pay rent, as you had not paid any, or to move, and he said no law could shift him, and he advised me not to pay rent or to move—his wife was expecting to be confined—you had to instruct a broker at last to get Humphreys out—you allowed me one week's rent towards my expenses in moving.
EDGAR MAURICE BRANDON . I am a solicitor and managing clerk to Mr. Horatio Brandon, solicitor, of 16, Essex Street, Strand—on or about 15th September I received this letter, signed M. Graham. (This letter, dated from 4, The Pavement, Upper Tooting, asked for particulars of the house, 71, Disraeli Road, as a client would take it; and also whether he would give 5 per cent, if the house was let)—we answered, and received this reply. (This said his client, William Edwards, would take the house. His references were William Clayton, 69, Endlesham Road, Balham, and A. Smith, 468, Fulham Road)—I wrote to the references, and received these replies. (The letter from Clayton said Edwards would be found a most eligible tenant, and good for the rent named. That from Smith said Edwards would be found in every way a most desirable tenant, and in a position to pay the rent)—this agreement for tenancy for three years, at £40 a year, was drawn up and sent to Graham, and was returned signed by Edwards with a letter from Graham—I paid £2 in cash, on the day we received the agreement, to Graham, who called at the office; he is the prisoner Farrell—our book-keeper identifies him; I cannot—the first rent became due on 25th December—I received information, and in consequence of it Farrell and Scorey were taken into custody through my and Marshall's information—our case first brought the matter before the criminal courts—we got possession of the house when they were arrested at the end of December or the beginning of January; we got no rent—I recognise Gurling, who called very soon after the proceedings at Bow Street, and said he was very well acquainted with Scorey and Farrell, who were then in custody, and he could give me a great deal of information as to their past history—he told me they had robbed him of a piano twelve or eighteen months previously, when they were carrying it for him, and he told me of several other cases where they had taken houses, and left without paying rent—he called several times—after Farrell and Scorey were committed he told me he should be able on behalf of Mrs. Scorey, who was living at the house, 71, Disraeli Road, to get rid of her if I could pay him for his trouble—I don't think he mentioned any figure—he told me on a previous occasion he had received £5, and he showed me a receipt—I think he asked £5, and came down to £2—in the end I gave him 10s.—Mrs. Scorey was out of the house before, but she had taken the keys of the house with her, and I got them back then.
Cross-examined by MR. RAYMOND. The agreement was entered into in September—Edwards went into possession on 29th September—all the houses there were let up to a short time ago—this house had been unlet for some months, and we wished to let it—I swore the information against Edwards and Graham on 12th November, I believe—no rent was
due then—I was not defrauded by Edwards of money—in the case of a small house like this, I think we should simply write to the reference without making further inquiries—Farrell acted as estate agent.
HENRY GRUA . I am book-keeper to Messrs. Brandon—I know Farrell as Graham—I saw him at our office in Essex Street on 27th September—he said he wanted the agreement for 71, Disraeli Road, signed by the landlord, and also the key of the premises—I did not give it to him; he went away—about three hours afterwards he came back and repeated what he said before—I went to the conveyancing clerk—neither key nor agreement was given in my presence—subsequently I received this receipt for £2, signed Graham—I had previously given £2 to one of the clerks to hand to Graham.
WALTER EDE . I live at 35, Roslin Road, Fulham, and am employed as shop-boy by Richardson, who used to be at 468, Fulham Road—Scorey came into the shop and asked if we had letters addressed there—I said, "Yes"—he gave his name as Smith, and asked if letters could be received for him there at one penny a letter—I remember that two letters came addressed Smith, 468, Fulham Road—Scorey called from time to time for letters, and took those that came away—the day he was taken into custody in November he called for letters—no person named Smith lived at 468, Fulham Road—after June, when I went to Richardson, a man named Young lived there.
Cross-examined by MR. RAYMOND. Smith came in 1889—about November, I think; I would not be sure it was not the end of December—I have talked about this case to other witnesses—it was not suggested I should say he came as Smith; I was not told anything about it—I can remember his face—he said he wanted letters, not that a friend of his did; I am sure of that.
Re-examined. He made the arrangement of receiving letters with me—Smith was the name he gave, and I handed him two letters in that name.
LOUISA SELKIRK . I am a widow, and live at 73, Disraeli Road, Putney—I formerly lived at 71—I went there in November; I engaged a little back room at 1s. 6d. a week, and took my goods there—Scorey, whom I knew as Edwards, let it to me—I stopped there five weeks; I always paid my rent before it was due—they had no furniture, or anything; I put my own furniture in; since they have been in prison I have not been able to get my goods out; Mrs. Scorey locked the door, and I have been without a home—this is my rent-book; it is Scorey's writing—whenever I went to speak to him he was always taking a bath in the copper.
GEORGE WHEATLEY (Police Sergeant X). I arrested Fraser on 7th February in Norland Road, shortly after 8 p.m.—I asked him if his name was Fraser—he said, "Yes"—I said, "Did you formerly live at 18, Norland Road?"—he said, "Yes"—I told him I was a police-officer, and had a warrant for his arrest—I read it to him; it charged him with conspiracy—ha said, "I have not conspired with anyone"—I took him to the station, and found on him a number of letters and papers not referring to this case, also this newspaper cutting, giving an account of proceedings then going on at Marylebone Police Court, as against Park and Mrs. Turton—he gave his address as 69, Macfarlane Road, Shepherd's Bush—I went there, and found that he occupied a room at 2s. 6d.
per week, with no furniture but an old chair bedstead—he was formally charged at the station, and made no reply—on the night of his arrest he wished to go and see his mother, Mrs. Fincham, who was living at 15, Norland Road; I said I could not allow him to go then, but I communicated with her, and she came and saw him at the station.
Cross-examined by Eraser. You only had an old chair bedstead, some old tins, and an old box; there was no carpet, I don't think there was a chair—I have all the documents here that I took from you, business cards, letters, and bills—there was a memorandum-book, which I looked through; there was a memorandum in it of a conversation with Mr. Burns on the 4th January—these are copies of your letters to Mr. Burns, a copy of a draft agreement by which you received £2 10s. from Mr. Smith; I found on you two promissory notes, for £13 and £20.
CHARLES FENN . I am a grocer, at 9, High Street, Clapham—in May last I had a house to let at 69, Endlesham Road, Balham—Farrell, who gave the name of Graham, called on me, and said he had been to look over a house I had to let; he thought it would suit a friend, Mr. Clayton, living at Fulham—he said he lived at Lillie Bridge; that he was an agent for various things, coals and vacant houses—he said Mr. Clayton had been employed at "Whitehall for sixteen years, at a salary of about £18 a month, and ho was residing with a Mr. Samuels, at Fulham—he asked if he let the house should I have any objection to give him the usual commission of 5 per cent.; I said, "No," if he had not been to my proper agent at Balham; that I could not give to the two—he said he had not, and I was willing to give him 5 per cent.—he offered as references Samuels, 14, Oxberry Avenue, Fulham, and Grant, 55, Ossington Street, Bayswater—I wrote to Samuels, and received a reply that he considered Clayton an eligible tenant, and in a position to pay the rent; that he had always found him punctual in payments—I did not write to Grant—I let the house to Clayton through Farrell; I wrote to Clayton on purpose to get his signature—I received no rent; he took possession on 22nd July, and I got possession again about 3rd October—I gave Farrell 30s. commission—this is the cheque and the receipt.
Cross-examined by MR. RAYMOND. The rental of the house was £30 a year—Farrell is the only one of the prisoners that I have had anything to do with—the agreement was for a yearly tenancy—I asked for the first rent at the expiration of the half-quarter.
Cross-examined by MR. SANDS. I did not see Farrell endorse this cheque for £1 5s.
Re-examined. I did not communicate with Grant at all.
MARIAN LEWIS . I live at 71, Fndlesham Road, Balham—I know Clayton; he is the prisoner Farrell—I have seen Scorey, but I did not know his name—Farrell was living at 69, Endlesham Road; he came there as Clayton from eleven to a quarter-past at night towards the end of July, 1889—Mrs. Clayton and a little girl were occupying the house—I saw no lodgers—I live next door; I have frequently noticed tradespeople call—the door was very seldom opened to them; towards the last they were answered from the window, on the 27th September—sometimes they were answered from the door—I saw Scorey at the house once; he opened the door, and took in vegetables from the greengrocer—Farrell came late
at night, and left at half-past two in the morning; the noise they made woke me up, tramping up and down stairs—I looked at the time, but I did not look out; next morning the house was perfectly empty, that was the 2nd October.
Cross-examined by MR. RAYMOND. It is a very respectable part—when tradespeople called for accounts they knocked and hammered repeatedly—on the 27th I saw the window opened, and water was thrown on them by the lady; the tradespeople called about twenty times, and asked if we knew whether Mr. and Mrs. Clayton were at home, because they could not make them hear—the only time I saw them answered from the window was on the 27th—they came on the 22nd July and left on 2nd October—I saw Farrell there every day, sometimes two or three times a day, at all hours; I saw him go out between seven and eight in the morning.
WILLIAM SEAMAN . I live at 132, Ashmore Road, Paddington, and am a builder—at the end of August or the beginning of September a man, giving the name of Francis John Young, called on me and said he was a painter and decorator, of 67, Hereford Road, and that he called about 80, Portnall Road, Paddington, which I had to let—I told him the rent was £45 a year; he said he would take it, and he gave two references, Owen Wood, a carpenter, builder and decorator, of 46, Tavistock Crescent, and Madame Goffin, 69, Hereford Road—he gave me these cards with those names and addresses—I wrote, and got these replies. (The one from Wood said he had worked with Young for the last two years, and had found him most straightforward, and that he was in a position to pay the rent. The other said Young had superintended her business, and acted as her agent, and he had always been found honest and respectable, and that in him he would have a good tenant, she thought)—the agreement was dated from 29th September; I gave Young possession before that—I heard something, and went and told him. I did not think his references were genuine, and asked him to give up possession—he said he would not go out without compensation; he considered his position there in possession was worth £10—ultimately he said he would take £5—I heard Grant was there—afterwards I saw Grant with Young outside my house—Grant had been a tenant of mine previously, for about six months, at 301, Sherland Road, and had paid no rent—the sheriff was in there for a judgment debt, and Grant suggested 3 should put in a distress before the rent was due to get rid of the sheriff—I would not do it—when I saw him with Young he came across the road to where I was standing with a friend; I said, "Good evening," and asked what he was doing in the neighbourhood—he said, "I am pleased to tell you I am a tenant of yours; I am now living with Mr. Young, at 80, Portnall Road"—I told him I should soon throw the pair of them out—Grant said he should not go out so easily this time as he did last; he mentioned £10, but eventually said £5 would get him out easily—I said I should throw them out, and advised him that he had hotter go out—I got no rent from Young—I got possession again two or three days after Morgan went to arrest Young; a warrant was out for him, but he absconded, and his wife gave up possession two or three days afterwards—they had previously moved the furniture away; I never saw Gurling till he was in custody.
Cross-examined by MR. SANDS. Grant was my tenant in 1883 and 1884; I did not think much of him after he left my house—I put in a distraint
for a week's rent; it was after I saw Grant in the street that I went to Young to get him out—I had not heard before that that he was with Grant; there were two sets of lodgers in the house—Grant was sober when I saw him in the road; he was in his ordinary state—I have never had a row with him—before that interview I had told Young I meant to get him out—when Grant said he was in the house it was said, as I took it, to irritate me, and I took it lie was living there as part of a system to get something out of me—he spoke as if he would like to get the money if he could—I did not go to the house afterwards to look for Grant; I don't think I went again till I went with Morgan—I have never seen Grant at the house.
FREDERICK PEDRICK . I live at 30, Woodfield Crescent, Harrow, and am a painter—I first saw Gurling about the middle of September, 1889, at 30, Woodfield Crescent; he asked for my father—I said he was not in, but I was his son—he asked if my father was building a house in Portnall Road; I said no, but Mr. McCrombie, who lived in the same house, was—McCrombie is Seaman's partner—Gurling said, "There is a man moved into No. 80, Portnall Road, his name is Young"—he gave him a very bad character, and said we must be very careful of him, or he would run us into large sums of money, perhaps hundreds of pounds—he gave his name and address as Gurling, Tavistock Road or Crescent, and said if McCrombie wrote to him he could give him valuable information—I told Mrs. McCrombie.
ELIZA ANN GOODALL . I am the wife of Thomas Goodall—I occupied three unfurnished rooms on the top floor of 80, Portnall Road, at 7s. 6d. a week—I made the arrangement with Young's wife—I paw Young there up to 31st December—I paid Mrs. Young the rent up to 7th January, which was the last day I saw her—nothing was said by them about going away; they went away—I did not know there was a warrant for Young until after they had gone; then Mrs. Young gave up possession to Mr. Seaman—I continued as a tenant, and pay rent now to Mr. Seaman—Wood occupied a room from September till 9th November—I know none of the other prisoners.
CHARLES LILLEY . I am a clerk to Mr. Flood, house agent, of 8, Westbourne Grove; he is agent for 69, Hereford Road, which was occupied by a Madame Goffin—Gurling came to our office and handed this document. (By this Madame Goffin gave Gurling authority to act at her agent in letting rooms, paying rent, etc., for the remainder of her tenancy, and to take care of them until her return)—Mr. Flood had a conversation with Gurling, and did not agree to let him have the care of those premises—they have since been let to another tenant—Goffin went out before 29th September, 1889—she paid no rent—she was in in June.
Cross-examined by Gurling. No rent was due from Goffin till 29th September—I have been in the house since—I have never seen any furniture there—I believe it was taken away—I don't know by whom—I found Mr. Flood in possession.
JOHN HOPKINS . I live at the Railway Hotel, Richmond, of which my son is the landlord—in the spring of last year I had 20, Fielding Road, West Kensington Park, to let—I placed it in the hands of Abbott and Holliday, house agents—it was let to Makeham on a three years' agreement from the 12th May, 1889—he paid no rent—he remained in possession about three quarters—he had lodgers—I did not see him
there; I don't think he occupied it at all—I only saw him once, at the Railway Hotel, Chiswick, where he came to see me about the house—he said he had occupied 14, Fielding Road, for four years, that his son was about to be married, and he wanted 20, Fielding Road, for his own occupation, with a view to purchase; that was before the tenancy commenced—I did not see him afterwards till he was in custody—he signed the agreement—I got no rent—the place was full of lodgers—I could not get possession till about a fortnight ago—I have got rid of all the lodgers now—the condition of the house is better than I anticipated.
Cross-examined by Makeham. You did not offer me part of the rent—I believe a bill was offered, but I considered it worthless, and did not accept it; I know nothing about bills—you offered to relet the house to someone else if I would accept him—you have written me several letters on the subject; this is one of them. (This complained of the witness having made insulting remarks to the lodgers).
CHARLES WILSON . I am lessee of the Vestry Hall, Chiswick—on 12th May I was living at 6, Rothschild Terrace, Acton Green, about 300 yards from where I am at present—I was then district agent for Abbott, Holliday, and Co., house agents, auctioneers, and surveyors, in the Strand—on 12th May, 1889, Makeham called about 20, Fielding Road, which he said he wanted to take—I went with him to the landlord, and got from him the names of two references, Mr. Lewis, 126, Uxbridge Road, and Mr. Williams, 116, Mathias Road, South Hornsey—Mr. Abbott wrote to those addresses, and got in reply two good verbal references from persons who called.
Cross-examined by MR. TAYLOR. Mr. Abbott got Mr. Lewis' reference in Writing—I saw a copy of it—Makeham gave me his card, and the references' names I took from him.
RANSOM THOMAS HAMILTON . I live at Maclise Mansions, Addison Road—in April, 1889, Makeham called at my office, gave his address as 126, Shepherd's Bush Green, and made a proposal to take 14, Fielding Road, for three years from the half-quarter, May 9th, at £45 a year—he gave as references, Mr. Mason, his former landlord, 97, Chippenham Road, W., and Mr. S. Lewis, his present landlord, 64, Queen's Road, Notting Hill—I wrote to them, and got these replies. (That from Lewis said he had known Makeham for a considerable time, that he was his tenant, and had always paid what was due, and that he did not hesitate to recommend him. That from Mason said he had found Makeham a very honourable and careful tenant, who had paid £40 yearly for part of his house, and that he considered him in every respect a most desirable tenant)—I forwarded the references to the owners of the property, and on their instructions gave Makeham the key; this is the agreement—he still holds possession; we have never been able to get vacant possession—I got no rent; his lodgers are in the house now; they pay no rent—I saw Makeham after he became the tenant, and had a conversation with him about the place; it was when I went to levy a distress—he asked me if I thought he was fool enough to allow his furniture to remain there when there was rent owing, and said he had moved it away some time since—he said I could do as I liked—at first he said he was not living there, and afterwards he told me he was—on October 14th I distrained on some of the furniture in the house that was claimed by the lodgers, and I had to withdraw and pay the costs of the distress, which came to about 18s,
—I got nothing; I was threatened with an action by the woman whose goods had been seized—Makeham is still tenant.
HENRY SPURR . I live at 108, Kilburn Lane, and am clerk to Hall, Knight, and Co., solicitors—we represent the landlord of 14, Fielding Road—about the middle of October Makeham called and wanted us to let him off the half-quarter's rent, and to give him time to pay the quarter's rent, he would pay within a few days—I said I would mention it to Mr. Knight; time was not allowed, and I issued instructions to distrain—the distress was withdrawn—I called at 14, Fielding Road after that; Makeham answered the door; I asked him what he was going to do about the rent, and told him how much was due, and he said, "Oh, you have done your worst, and I will do my best or worst, and you can do what you like"—he said his lodger would bring an action against Mr. Knight for improper distress—this reference which Mr. Hamilton sent us, signed H Mason, and this letter delivered to us, signed Makeham, I think are in the same handwriting. (The letter referred to the distraint, and said that had they not broken, faith, they might have had possession months ago)—I did not agree to his proposal that he should give a bill—somebody is still in the house.
E. M. BRANDON (Re-examined by Gurling). You said Scorey had absconded with your furniture, and till you saw the newspaper report you did not know where he lived—I introduced you to Marshall—I told you Marshall arranged to meet you—you were going to clear the furniture away—you took 10s. after asking £5, £2, and £1—I said I would give you 10s. if you got the keys.
Re-examined by MR. FULTON. I first saw Makeham at Bow Street, waiting about the Court; I suspect it was before he was taken into custody—I was one of the first witnesses—only Scorey and Farrell were in custody then—I spoke to Makeham outside the Court; Marshall was there—Makeham said he was a friend of Mrs. Scorey, and he wished to do anything in his power to assist her—afterwards he called at my office with Gurling, when I arranged to give Gurling 10s, for possession of 71, Disraeli Road—Makeham then said he had seen Mr. Bathurst Norman, acting for Mrs. Scorey, and had been advised that I had no power to enter the house, but he was sure if I promised to pay Gurling for his trouble he would be able to arrange with Mrs. Scorey to go out and give us vacant possession—I did not see him again.
SAMUEL HENRY JONES . I live at 7, Barnes Villas, Barnes; I have no occupation—about July, 1888, Lewis rented the house and shop, 64, Queen's Road, Notting Hill, from me—he wrote down this reference, "W. Magee, Golden Bell Coffee Palace, Notting Hill Gate"—I received this reply. (This said that Lewis had been a tenant of his for some time, and only owed one month's rent, but there was a counting account for work done; that he was a good tradesman, and should be able to pay the rent named)—this is the agreement, dated 18th July, 1888; rent, £45 a year—Lewis lived in the house about six months, and let it out in tenements; he had possession for more than six months—it was full of lodgers, three or four different lots, deplorable people—we had eventually to put them in the road; they where the lowest class, some without shoes or stockings—he sent Fraser, demanding £5 and his expenses, and then he would go out—the shop was let as a school and as a dispensary, to anybody for anything; he never carried on any business there—this printed card, "Lewis,
writer and decorator to the trade, 64, Queen's Road, "has my name and address written in pencil on the back—I think I handed a similar card to the police—I took proceedings, and ejected Lewis just before Christmas—he was not there; we had to turn four different sets of lodgers out—he used to collect the rents—when I got possession of the house it was a wreck, in a deplorable state—I got no rent from July, 1888, to December, 1889—I received in September, 1888, £2, which should have been £4, for fixtures and possession—I first saw Fraser about July, 1889, I should think, when he had been in possession about twelve months—he came and said if I, would give him £5 and pay his expenses, Lewis would be out in three days—I asked him if he was not ashamed of himself to ask such a thing—he said he was a lawyer's clerk—Makeham served me much about the same—he took a house of mine in 1883, and had possession for twelve months, and I did not have a copper from him—he sent a man to me demanding £20, after he had been in possession for six or nine months—he said if I gave him £20 he would go out—I did not give it to him—he never lived in the house, but he had lodgers, and he collected their rents—I do not know the other prisoners.
Cross-examined by MR. TAYLOR. I saw Lewis sign this agreement—I have not made inquiries about the references Lewis gave, and I cannot say if they were respectable people—I only had the reference to the manager, of the coffee palace—I don't know that he was manager for Lady Hope—I went to the coffee palace, and saw Magee's nephew, and he gave Makeham a very good character, and said he was perfectly right—that was the only inquiry I made—he gave me an 10 U for £4 before he took possession, when he signed the agreement for possession, fixtures, and water I did not say to him, "If you will put the house in repair I will tell the rate collector that you are paying no rent"—I don't think he did any repairs; he did very little, if anything; not much was required to be done—I heard of a man falling through a plate-glass window—Lewis told me he had hurt his eye, but that was another house, No. 62—I could not say if he wrote about this accident—he did not say it was through my negligence—he did not say he could not pay the 10 U because he had not been able to follow his trade—he did not whitewash and distemper the premises, that I know of; he did nothing—I went to see All I could, but it was let in tenements, and the doors were locked—I told Lewis how wrong he was acting, and he tapped his forehead and said, "I know too much for the lawyers"—there was someone with a surgery at the place—I had a letter about repairs—we sued him on the 10 U and got a ten days' committal order—I offered Lewis £2 to go out.
Cross-examined by Fraser. When you came you said you came from Mr. Lewis, and were a lawyer's clerk, and you seemed pretty well ashamed of your job—I said I would give Lewis two guineas if he gave me the keys—he wanted £5, and £3, or £2 for expenses, as he termed it—I. afterwards saw Lewis in the County Court, where you defended the case for him—at least you were there; the judge would not listen to you; you had an unstamped agreement.
Re-examined. In June or July, 1889, I offered Lewis two guineas to go out—I sued him on the 10 U and got a committal order against
him, but it could not be executed—he came on Sunday and collected the rents.
DANIEL MORGAN (Inspector X). The house, 64, Queen's Road, Notting Hill, has been under my notice since Lewis became tenant in July, 1888—I knew it before he went there—I knew him by sight going to the premises, but I did not know his name till I had him in custody—there was a shop attached to the premises, which I believe Lamkin, a veterinary surgeon, had for a short time, but did no apparent business—Dr. Hunston was backwards and forwards there, but did no business—he professes to be a medical man, and to keep a small dispensary; he took another place from Lewis, in "Uxbridge Road—he has come under the notice of the police on several occasions before as connected with cases of this kind—the house was let out to various persons of the poorest class, as bad, if not worse, than you would expect to find in a common lodging-house—I arrested Lewis in February, on a warrant, charging him with conspiring with Makeham, Wells (who is not in custody, but against whom there is a warrant), and Fraser, to obtain a lease by false representations—I asked him where he resided, and he said, "I refuse to tell you"—I told him he had given a false reference for Thomas Makeham, by which he got possession of 14, Fielding Road—I showed him the letter—he said, "That is not my writing"—I said, "The letter was sent from your house, No. 64, Queen's Road, where you were residing at that time"—he made no reply—I told him he would be charged probably, in addition to this, with conspiring with others to obtain other leases; but this was the immediate cause of the arrest—he said nothing—afterwards I went to 7, Spring Street, Paddington, where I found he had one room—he had taken a very large house under similar circumstances, and every room was let out—his wife and children were not there—I asked him for his correct address; he refused to tell me—he had another house—I found and took away a large number of papers from the room he occupied at 7, Spring Street.
Cross-examined by MR. TAYLOR. I have been twenty-six years in the force—I. heard he had taken another house, and I found papers relating to several other houses—there were several committal orders against him when he declined to tell me his address—he is only charged with reference to the charge on which he was arrested, because the case was closed quickly at the Police-court, as one or two of the other prisoners had been in custody some months then—Lewis's name has only been mentioned in connection with Fraser and Makeham, as far as the evidence has gone at present; but he was also connected in other cases with Wells not in custody—I told him he would be charged with giving and taking false references—I have inquired into the character of the references he gave—the man from Lady Hope's mission gave a reference, because he had done a little work for him; he knew nothing of him—I know nothing of that man—I have not seen Magee—I showed Lewis the letter from Mr. Hamilton, which is in evidence in the case of Mr. Spurr, I think, 14, Fielding Road.
HENRY WILLIAM KNIGHT . I live at 35, Akerman Road, Brixton, and am a builder and decorator—Farrell came early in September, 1889, and asked to be allowed to look at 12, Holland Road, which I was the agent for the letting of—he looked at the house, and came back and said he wanted the house for himself—I asked £30 rent—he gave me as references,
William Clayton, 69, Endleaham Road, Balham, and Graham, Lillie Road, "West Brompton—I wrote and received most satisfactory replies, which I have destroyed—I let him the house; this is the agreement—he had possession about 25th September—I went to the house about a week afterwards, but not inside—Farrell occupied it; I saw his wife, no one else there—he remained in possession about five weeks—from information I received I ordered him" out—he paid no rent—he left the premises in a dirty condition—I am not aware of his having any lodgers there—there was a piece of paper in the window, with "apartments to let" written on it—afterwards I went to 87, Lillie Road, and found it was a sweetstuff shop—after going there I called at Farrell's house; he was not at home; he came to my shop—I asked him where Mr. Clayton was living—he said Mr. Clayton had moved from 69, Endlesham Road—I could not find him there—I asked him where Mr. Graham was—he said he did not know; he said he was a traveller—I said, "I thought so, he seems to have travelled pretty well; I have come to this conclusion, that you got into that house, 12, Holland Road, by a fraud; I am satisfied these two letters were frauds; they were written by one and the same hand, and on the strength of that I shall make you get out, hand me over the key and the agreement, and get away as soon as you can, otherwise I shall take steps to enforce it"—he did not actually deny it was so, but I protested it was—he may have denied it; I cannot call to mind his words—he said I need not be so sharp on him; "I can show you rent receipts for four years"—I said, "I should not value them any more than the letters I hold in my hands"—he asked me if he gave me the agreements and keys, would I let him have the letters back—I said I would consider that later on—I ultimately let him have till twelve o'clock the following Monday to get out—he said he would get out to-morrow if I would let him have 10s.—I said, "I have not 10s. to let you have"—he said, "Do you think the landlord would let me have 10s?"—I said, "I shall strongly advise him not to do so; you get out as quick as you can"—I was informed he left on the following Sunday night—he paid no rent.
Cross-examined by MR. RAYMOND. I was willing to let him go, and say nothing more about it as long as I could get my key—I am confident the letters from the references were written by the same hand—the Inspector came to me about it perhaps a fortnight afterwards—Farrell was only in four or five weeks; no rent was due; I had no claim till the end of the quarter—he went quietly on the 15th—he left actually before the time I gave him—I gave him full liberty to go without paying rent; I was glad to get rid of him—I destroyed the letters, knowing them to be forgeries.
Cross-examined by MR. SANDS. Farrell wrote this memorandum; it is not in the same handwriting as the letters—I compared them with it.
CAROLINE SIMS . I am the widow of John Sims, who gave evidence on 10th December—he died on 11th January—in September, 1889, I was living with him at 4, The Pavement, Upper Tooting, where I keep a confectioner's and tobacconist's—for a short time I was in the habit of taking in letters for persons—I recognise Farrell, whom I knew as Graham—in July, 1889, he called and asked if we would take in letters—we agreed to do so, and charge one penny each letter—we took in
about ten letters for him between that time and the end of August—he called for them.
Cross-examined by MR. RAYMOND. He simply asked us to take in letters for Mr. Graham; no one else called for them—I was not always in the shop; my husband was there sometimes, and he could have given the letters to someone—I remember the exact words the prisoner used—about three people were having letters sent to our shop in July; each of them called for their own letters.
ELIZABETH SHERNE . I am single, and live at 87, Lillie Road, West Brompton; we keep a confectioner's and stationer's shop—we occasionally take in letters for persons desiring it—letters in the name of Graham were inquired for, but we did not take any in at that time; we refused to take in any that the postman brought—Mr. Sherne, my father, is ill, and not able to come; he is nearly seventy, and has fainting attacks.
CHARLES AXTON . I am the owner of 53, Askew Crescent, Shepherd's Bush—in August, 1889, Park (whom I have known for some time, and whose wife I have known a longer time) called, and said he thought the house would suit him—he gave as references W. A. or W. O. Porter, 9, Castletown Road, West Kensington—I wrote, and received this reply. (This said that he had known Park for some years; that he had always paid his way, and he was sure he would not undertake anything that he could not perform)—he said he was employed on the Wood House Gardens—I agreed to let it to him at thirteen shillings a week from the 5th August—there was an agreement—on 2nd or 3rd August he took possession—while he was there I saw there Turton, who passed as Mrs. Denning, and a man who gave the name of Denning, and represented himself as her husband—he and Park represented themselves as being brothers, or brothers-in-law, or step-brothers—Park continued in possession till 9th or 11th November—he paid altogether four or five weeks' rent—when the rent got into arrear and I pressed for it, Park said he and Denning were coming into money—I tried to levy a distress for rent, but did not succeed—about 11th November Park left—he then owed about £5 17s.—there was no or very little furniture in the house, as far as I could see, and when I recovered possession there was nothing in the house—I received these letters. (These were signed by Denning; one apologised for not having paid the rent, owing to disappointments in not receiving money, and hoped to pay shortly; another said he would call about Park's rent that evening; and a third referred to the brokers having broken in, and hoped Park would be able to pay that evening)—I had two or three conversations with Turton, whom I always addressed as Mrs. Turton.
Cross-examined by Park. You might have been the conductor of a 'bus that took me to a Sunday-school treat in 1880, and told me you had worked on the road twelve years; I cannot recollect—you represented Mr. Porter to me as your landlord—I wrote to him, and gave the letter to you to take to him—I was satisfied with his answer—you paid part of a week's rent in advance—I don't know what state the house was in—I promised to do something—it is more than likely that I promised to send a foreman to see to the locks, and that he showed you the way to clear out the w. c.—you promised to pay as soon as you could—I suggested to Denning that I should have a lien on his bank-book as security—he said to was not his but his wife's, and I had better see her—I went and saw
her; she did not give it to me, but she assured me on the word of a lady and an Englishwoman, that it should be paid—you paid some of the rent.
WILLIAM WILLIAMS . I am a builder, living at 12, Benbow Road, Hammersmith—at the end of October, 1889, a man giving the name of Graham called on me; I don't see him here—he said he called with reference to letting my house, 90, Loftus Road—he said he was a commission agent, and asked if I would allow him the usual commission, which is 5 per cent., if he got me a suitable tenant—he asked me to sign a note to that effect, and I did so—he called five or six times—we agreed the rent at £33 a year—afterwards he mentioned the name of Mrs. Turton, of 53, Askew Crescent, as the tenant—I asked for references, and he gave me Park, of 53, Askew Crescent, and another one—Mr. Seaton, my foreman, made inquiries and reported to me as to the references, and subsequently I let the house to Mrs. Turton—the tenant went into possession as near the half-quarter as possible—after that I paid Graham thirty-three shillings commission—this is the receipt, dated 15th November, 1889—this is the counterpart of the agreement, signed by Mrs. Turton, for three years—I received this letter, dated October 9th, from her, (This said that as one room was not finished, and the house required cleaning, he might throw in the half-quarter; and that she had instructed Graham to act for her)—I allowed a fortnight free for cleaning—they went in six weeks before Christmas—I received the rent, £2 15s., by letter from Mr. Woodford, a solicitor, after proceedings were taken, when Turton was in custody—I did not go to the house after the letting.
Cross-examined by MR. MATHEWS. I understood Mr. Woodford was trustee and solicitor for Turton.
JOHN SEATON . I live at 12, Benbow Road, Hammersmith, and am foreman to Mr. Williams—Graham called about 90, Loftus Road at the end of October, and afterwards I received instructions from Mr. Williams, and called on Park at 53, Askew Crescent, and asked him whether Mrs. Turton was a lodger of his; he said, "Yes"—I said I called with reference to 90, Loftus Road, and said, "Do you think she is capable of paying £33 a year? "; he said, "Yes, and she has a private income of £3 10s., either weekly or monthly, I don't know which; "she is quite capable of paying £33 a year; she is a very good lodger, I am very sorry to lose her indeed"—I said, "Why is she leaving you?"—he said, "Well, I am going to start a laundry, and the lady does not like the smell of the steam, and that is why she is removing; she is a cripple; she was out riding one day on horseback, and her horse threw her and broke her leg, and she had to have the leg amputated"—I had no other reference—I saw her at our office; I believe her little boy was with her, no man was with her—she said she was in a great hurry to get into the house—I said I could give her no information till I had seen Mr. Williams—I went once to Loftus Road after she was in possession and saw her there—I saw no one else to my recollection there—I saw Graham, not at that house, but at 94, Loftus Road.
Cross-examined by Park I said nothing to you about any agent or about commission—I reported what you said—I am not prepared to say whether it was true or not—I did not ask you how long Mrs. Turton had been with you.
ARTHUR LLEWELLYN ,. I live at Llandaff House, Tavistock Road, and am a house agent—I know Miss Gill, who occupied 21, Tavistock Road—I was acting as agent for the landlord of that house—Miss Gill gave up the house about 15th October last year, and I went into possession next day—I found the prisoner Brown and his wife and a Mr. Coleman there—I asked Mrs. Brown, in Brown's presence (he could hear some of the conversation), what she was doing: there—she said she was a lodger, and she rented her rooms of Mr. Gurling, who, she said, had three rooms on the top floor—I said I had come to take possession, and if she gave up possession she could take her furniture away, and I would forgive her her rent—she said she could only recognise Gurling in the matter—I asked Brown for his rent-book—he said Gurling had it—I called several times, but could only get the same reply—I found the room Gurling was said to occupy was always kept locked, and I could never see him there—I received a letter, which I have destroyed, from Mr. Kaleen, a schoolmaster, telling me I should see Gurling at 88, Hailsham Road—I called, and saw Gurling there trying to do something with a clerk—I did not speak to him—I went to see him just to recognise him—I first spoke to him about 12th November, when I saw him in Tavistock Road—I asked him why he was not going to give up possession of the house—he said he wanted me to make it worth his while to do so—I asked him what he considered his position worth—he said he would clear out on the following day if I paid him £3, and after some haggling we agreed to settle it for £2 1s.—I paid him, and got this receipt. (This said that he gave him the keys and possession of the rooms on the top floor, lately in the occupation of Brown and himself and acknowledged he had no right or interest in the premises)—I got possession on the date of this, 15th November—I got this acknowledgment from Brown at the same date. (Acknowledging he had no right or title to any rooms at 21, Tavistock Road)—i gave Brown nothing—Gurling had the £2 1s., and in my presence he gave Brown £1—Brown would not recognise me at all.
Cross-examined by Brown. You told me you were a lodger of Gurling's—your wife hinted that she wanted something, and I made no offer, but asked her how much; she spent the morning, it appears, ascertaining from you and Gurling what she was to take; she called at my house, and said she would clear the upstairs for £5—I told her to go outside, and before going she asked me to stand her a drink—I made my own arrangements with Gurling; they had nothing to do with you—I acknowledged you as a lodger, as you had notice to quit.
Cross-examined by Gurling. Miss Gill let the rooms to you—you paid no rent—Miss Gill was asked to go, and said she would give up possession on a certain date—I and another man put boards in front of the house—I applied for possession—Coleman was a lodger in the house, and paid rent to Mr. Hickman—I don't know if three people were asking you for rent—I think Dutton was—you said you were willing to give up possession for a consideration—I never heard of your calling on me in the early part of the evening; you called one night about eleven o'clock, and saw my father and brother.
Re-examined. I heard from Wheatley that Miss Gill lived at 6, Basing Road, and that she was too ill to attend—she told me she had received 1s. from Gurling as deposit on taking the rooms, and nothing after that—we asked her to give up the house as she could not pay rent, and she
assigned as the reason for not paying that she could not get anything from her lodgers.
THOMAS BATTRUM . I live at 4, Duster Gardens, Kilburn, and am a builder—in October, 1888, I had a house to let at 53, Ashmore Road—the rent was £40 a year—Dilloway called on me with reference to it, and gave me as references Fisher, 66, Barbican, and Dixie, 31, Ashmore Road—he went into possession about the middle of November, 1888—towards the end of November, 1889, Dilloway had paid me £9 9s. for rent, £4 voluntarily and the rest by a distress—about that time Gurling and Young called—Young said he was a solicitor; Gurling said he was 4 licensed broker—Young said he had been instructed by Dilloway to take proceedings against me for forcible entry and assault, representing I had knocked Dilloway's wife down and forced my way in and taken two keys—he had called to see if he could not settle it—he wanted £5 to prevent the action going on on behalf of Dilloway—there was not a Word of truth in the allegation that I had committed an assault—I asked for their cards, neither produced one—after some consideration Gurling gave me his name and address on an envelope, addressed to 14, Fielding Road, West Kensington; Young refused—after that Gurling wanted £5 to get him out of my house—he said he was a licensed, broker, and was well known at Hammersmith Police-court—I said I thought he was; I did not agree to the £5—they made a few complimentary remarks, and I ordered them out of the house—Gurling called me a b—f—sod, and used filthy language—I turned them out of the house, and said I would lock them up—Gurling did not go away quietly, he threatened to punch my head outside the door—I followed them till I found a constable, and then through the constable I got Young's name and address—he gave the address 14, Fielding Road, the same as Gurling—next morning I went to the Policestation, made inquiries, and got a warrant against them—I know more or less all the prisoners as being mixed up in this swindle of taking houses for some years—I have had no personal communication with Scorey—I have known Fraser for some time—he came tome about twelve months ago, concerning a shop, 417 or 419, Harrow Road, that I had to let—he said he had got an excellent tenant, and wanted the usual commission—I forget the name of his tenant; references were given, but they were not satisfactory, and I refused to let the shop—before this he has called on me several times with reference to various houses I have had—I never let a house or shop to a tenant introduced by him, in consequence of the inquiries I made about the references—he was living in Cornwall Road when he called about the shop—Brown I have known casually for over 20 years, by seeing him. with the others—he has been mixed up with them as a carpenter, a staircase hand—Grant I have known for some years, since he was in the house in Sherland Road—I saw him repeatedly in and out of Ashmore Road the week after Dilloway went into possession—the morning after Gurling and Young came to me I saw Dilloway and Grant coming out of the house—I asked Dilloway, in Grant's presence, if he sent two men to my house last night—he said he sent one—I pulled out my book and asked him if he knew two men, one named Young, and the other Gurling; he said he knew Young; he did not deny knowing Gurling—I asked him if he sent them to my house to demand
money from me, and I asked him if Young was a solicitor, and he said he should refuse to tell me what Young was, but he had put his case into Young's hands, and he should leave it there—I asked Grant if his name was Grant; he said he should refuse to tell me his name—I said, "You are the man that I am informed has been instructing Dilloway to do me out of my rent, and keep possession of the house"—Grant replied, "You have treated Dilloway very badly"—he did not deny anything—I said, "What, for allowing him to owe me all this money?"—he and Dilloway then walked away—I knew Grant before that, when he was in one of Seaman's houses in Sherland Road, about five years ago—I know nothing of Park—I knew Lewis when he was in Queen's Road; I have not had anything to do with him personally—Makeham I know—I had letters from him at Fielding Road—about a month before this I destroyed a lot of old correspondence—the letters were concerning houses I had to let; they came to nothing—he was proposing for a commission to get me a tenant—he never named a tenant to me; I would not hold any communication with him—I know Farrell by sight only—Mrs. Turton I know perfectly well; they lived within three or four doors of me in Duster Gardens, and I knew them before—she has never communicated with me about taking houses.
Cross-examined by Fraser. I called once at Cromwell Road—I believe you introduced Mr. Fisher, who lived fifteen years in Tavistock Road, and went away without paying any rent—he had not a coat to his back when you brought him—Mr. Hayden was the landlord there; he is a large builder and contractor, and a very respectable man; I have known him for years—through knowing him I got the truth, and he advised me not to let him have the house, as he was getting rid of him for not paying rent—I don't remember if he told me the rent he owed; I know he was there for some years—possibly he paid some rent—I have not given evidence against you before this morning—you have tried to introduce other tenants besides Fisher to me—for the last five years you have made repeated applications to me for houses and commissions.
Cross-examined by Brown. I do not know you personally in connection with getting houses and references, only by communications from others.
Cross-examined by Gurling. About 24th November you called between 6 and 7 p.m.—I think there is something against you at Hammersmith Police-court—I did not touch Mrs. Dilloway—you had nothing to do with Dilloway's taking the house, or commission or anything—I did not offer you a farthing—after you had blackguarded me I walked outside and said I would give you into custody—I walked down the road with you, and met a sergeant and two constables, who compelled Young to give his name and address; I did not want to give you into custody—you gave a correct name and address—I gave you no money—you wanted £5; I told you I knew as much as you did—in front of my little boy and girl you called me what I have repeated—I did not know at the time that I could give you into custody—I followed you; you wanted me to go into a public-house; I refused—I left you and never spoke to you.
Cross-examined by MR. SANDS. I was very angry at the language used,; it confirmed my opinion that Dilloway was a very bad man, and that his friends were bad people—when I went to Dilloway's for rent, and knocked at the area door, they came to the front door, and looked down and laughed at me; and when I went to the front door they came to the
area door and laughed at me; so one day I knocked at the front door and slipped down to the area door, and when they opened the door I slipped in.
Re-examined. The Fisher introduced to me as a desirable tenant was not the same man who was Dilloway's reference.
LEWIS WEBB . I am a traveller, and owner and part occupier of 58, Netherwood Road—the two Misses Brown occupy the part don't require myself—I never heard of the prisoner Brown before this case—I have been there three and a half years, and during that time he has never lived there to my knowledge—I have seen him calling there to see his sisters, the Misses Brown—I know of a letter two or three months ago coming to the house addressed Francis Brown—I-gave it to Miss Brown.
Cross-examined by Brown. I occupy the ground floor; the Misses Brown occupy the basement and first and second floors, and let them out in tenements; I never interfere with their lodgers—I have seen you coming in and out of the house; I can't say frequently—since this case I have heard you slept in the house—I am not aware of it, and I did not know it before—on Saturday your sisters told me you never lived there, but you have slept there—you have certainly given a wrong address; you had no business to do it—I saw this one letter addressed to you.
EDWIN BASTARD . I am a builder, of 60, Tavistock Crescent, Westbourne Park—I have known Brown twenty-nine years—I gave a reference that I knew him very well—my son wrote this letter to Mr. Lee at my request, giving a reference to Brown—I had lost sight of Brown for twenty years previous.
Cross-examined by Brown. I have always known you as a respectable man—I have lost sight of you for twenty years; it was in 1861 I knew you—I gave you a reference to Mr. Lee; I thought you were a very straightforward and honest man—I knew nothing about you before you came to me with reference to Mr. Lee—it was a bona fide reference on my part, I think.
JOHN FOREMAN . I live at 97, Chippenham Road—I have known Francis Brown just on twenty years, I should think—I have seen something of him for the last seventeen years—I have worked for him, and know that he is a respectable man—the last time I knew him to have a house was in Chippenham Road; before that in Portnall Road, about seven or eight years ago—I do not know what he has been doing since, but I have seen him frequently, and know he was at work—he asked me to work for him some years back—I wrote this reference, nearly two years ago—I made this statement to Sergeant Wheatley, at the Treasury. (In his statement the witness said he did not know where Brown lived when he called on him for the reference; that the last time he knew him to have a house was about seventeen years ago; that he did not know what he had been doing since, or where he was at work)—I have seen him since seventeen years ago—I might have said to Wheatley, "I do not know what he has been doing since, or where he is at work; "I might not have known what I was saying at the time.
Cross-examined by Brown. I know you have worked in the building line as a mechanic; you had an alteration in Lansdown Road not long back—to my knowledge I did not state I had not known you for seventeen years—I knew you as working at Acton and at Newmarket about two or three years ago—I thought you were capable of taking a house at that time,
being a respectable steady man, and the reference I gave was perfectly bona fide
ELIZA ANTHONY . I am single, and live at 118, Mathias Road, Hornsey, and keep a stationer's shop there—no person named Williams lived there, but a person named Williams used to have letters addressed there; I don't recognise him here.
WILLIAM ARCHIBALD ALLEN . I am the tenant of 187, Ladbroke Grove Road—Grant lodged in two first floor rooms there, renting them of me at 6s. a week—he stayed about six months, and left about six months ago—he had very little furniture in the place—Mrs. Grant and their two sons lived with him—he paid his rent regularly, except for the last two weeks—I told him to clear out on account of the disturbance he made coming in late and knocking his son about—I did not mention that to him at the time.
Cross-examined by MR. SANDS. He left without notice—he said I could not get him out under six weeks; I told him I could, and I raised his rent, and he went out on the Wednesday—for about six months he had paid regularly.
Re-examined. This is my rent-book, it is correct—according to that he was with me in 1888—he went from me to 133, Chesterton Road, Notting Hill, a middling-sized house, at about £45 a year rent.
HENRY MARSHALL (Police Inspector). This matter was placed in my hands for inquiry at the beginning of November—I obtained a warrant on 12th November for the arrest of certain persons, A. Smith, Clayton, Graham, and Edwards—Smith, Clayton, and Edwards are all Scorey, and Graham is Farrell—on the night of 23rd November, about ten, I saw Scorey detained at Fulham Police-station on my order—I said, "I am Inspector Marshall from Scotland Yard, what is your name?"—he said, "William Scorey"—I said, "What is your address"—he said, "I decline to toll you"—I said, "I find you have had letters left at 468, Fulham Road in the name of Smith, and that you represented that as your address, and I believe you are the Smith for whose apprehension I hold a warrant"—he said, "Well, I admit I have been calling there for letters in that name"—I searched him and found this pocket-book, with many addresses in it; on the fly-leaf is "Endlesham Road," and on the second page is "69, Endlesham Road, W. Clayton"—I said, "I believe your name is William Edwards, and that you reside at 71, Disraeli Road, Putney, and I believe you are the man I have been following from time to time"—he said, "You seem to know all about it, that is my address, I live there in that name"—I left him at the Police-station, and went to that address with Sergeant Drew—I found in the house Mrs. Turton and her son-Harry, and this letter, addressed Mr. Farrell, 61, Grant Road, Clap-ham Junction, ready for posting, was lying on the table; it is in a woman's writing, and is signed Vennie—I then returned to Fulham Police-station at two or three on Sunday morning—after three I saw Scorey there—I read the warrant to him, and told him the charge of conspiring with Graham and others, and obtaining £2 from Mr. Brandon of 15, Essex Street, would be preferred against him, and that he had also obtained possession of 71, Disraeli Road by false pretences, also from correspondence that he was himself a reference to get into that house—I said, "You have also corresponded with others to get possession of 69, Endlesham Road, in precisely the same way, and amongst you have been getting possession of
houses all over London upon references to each other, and you never paid your landlords or the tradesmen, and finally absconded; "I also said, "I believe you got possession of 14, Oxberry Avenue in the name of Samuels, also that you are Grant, and had letters left at an address in Bayswater, and I am not at all certain that you are not Graham"—he said, "I admit being Edwards, Samuels, and Clayton, and I have already told you I had letters in the name of Smith, but I deny being Graham or Grant"—I took him to Bow Street Police-station. and charged him—on the way there he repeated the statement in various forms; he continued to talk about it—he made no further reply when the charge was entered—in consequence of the letter addressed to Farrell, I went to 61, Grant Road, between 7 and 8 a.m., on Sunday, 24th November—I got the assistance of Sergeant Bremner and other officers, and about nine I knocked at the door, a female answered it—I inquired for Farrell, and was directed to a top front room—I knocked at the door, Farrell answered it—I said, "I am Inspector Marshall from Scotland Yard, and wish to know your name n—he said, "Martin Farrell is my name"—I said, "I hold a warrant for a person called M. Graham, and I believe you are he; you gave that name, and an address, 4, The Pavement, Upper Tooting"—he said, "Yes, but I simply had my letters left there—I read the warrant to him, and he said "I hardly understand"—I said, "You are charged with conspiring with William Edwards and others in obtaining from Mr. Brandon, of 15, Essex Street, Strand, £2, and also obtaining possession of 71, Disraeli Road by false pretences"—he said, "I admit having the £2 from Mr. Brandon, but I knew nothing of it, I only acted as an agent"—I brought him out of the room, and put him in a cab in charge of other officers—his wife closed the door to, and looked us out—I demanded readmission, and was refused, and. on listening I heard a fire being made up, and the crackling of wood—I burst the door open with the assistance of the other officers, and I then found the grate heaped up with correspondence, and thought the woman was engaged in destroying it—as soon as she found I had entered, she rushed with this small bundle and put it under the mattress of the bed, but the fire was burning so fiercely I could not save any more of the correspondence—what was put on the fire has been destroyed—amongst these there are several apparently draft agreements for taking houses; one relates to 175, Cornwall Road—that case has not been inquired into here—there are several letters addressed to Harry Turton, Falcon Road, Battersea; another addressed to Turton was found in Farrell's possession; he is Mrs. Turton's eldest son—I took Farrell to Bow Street—on the way I told him that no doubt a charge would be preferred against him by Messrs. Collette and Collette for getting a house, 175, Cornwall Road, which this draft agreement refers to, and that probably there would be another charge of getting 12, Holland Road, North Brixton; also that he had been engaged, with others, in getting houses in different parts of London on false references—he said his correct name was Farrell—I said, "Yes, but you have usually gone by the name of Graham"—he said nothing to that; he was subsequently charged—I communicated with Inspector Morgan, and on the night of 4th January I went with Wheatley to 90, Loftus Road, Shepherd's Bush; the sergeant had a warrant for the arrest of Turton, penning, and others; the real object of going there was to, arrest Denning under the name of Graham—I
knew him, having had him in my hands before—a watch was kept for some time on that house, but we did not succeed, and eventually I put on the attire of a journeyman baker, and went to the house under the pretence of delivering bread; I had some bread in a basket; we could not get the door open unless by a ruse—I knocked at the area door and shouted, "Bread!"—the door was opened by a child; I spoke about the bread I wanted to deliver, and Park came on the scene—I got up some conversation about the bread, and we got to rather high words; I delayed the time as much as possible, as I was anxious to know who was in the house—Park knew me in the ordinary way, but did not recognise me—after being there a few minutes Denning came running down the stairs with a young man whom I know now to be Harry Turton, and who was at 71, Disraeli Road when I arrested Scorey—as Graham got within my reach I seized him by the collar, and shouted out who I was—instantly the lamps were put out, and we were in total darkness in the passage in the basement of the house—Park struck me across the arm as I held Denning; I shouted, "I am Inspector Marshall; you know me very well"—Park tried to make me loosen my grasp, and somehow or other I was carried along the passage by three of them—I got to the door; they tried to eject me; I hung on to Denning—they got my aim between the door, but my foot was inside and saved my arm—I smashed a window; Wheatley came up, and we got in, but Denning had released himself and gone upstairs—when the door was closed on my arm I was outside and Denning inside—two dogs were let loose from somewhere, a. collie and a fox-terrier, and in the struggle and darkness I seized the first man I got hold of, and thought it was Denning; but when I got a light I found it was Park—when I got in again, by the assistance of Wheatley, the large collie dog flew at us; but in the struggle he bit Park on the hip instead of me, and tore his trousers—as soon as Wheatley could, he ran upstairs; he was held at bay by the dogs for some time—I went up too—we found Turton; Denning had managed to make his escape, and I have not been able to recapture him—Wheatley arrested Turton in my presence—we searched for documents—I took Park to the station and charged him with assault on me and rescuing Denning—he was remanded two or three times, and then Morgan discovered he was implicated in the frauds, and reapprehended him—on the Sunday (the 5th) after Denning escaped I went between one and two to 14, Fielding Road to try and find him—in that house I found Gurling and Brown drinking beer—at that time Gurling was professing to give me information as to Denning's whereabouts—earlier in the inquiry Gurling had been to me, and volunteered information against Farrell and Scorey, who he said were great scoundrels and swindlers, and about whom he could give me information—he was first introduced to me by Mr. Brandon, who brought him to me at Bow Street—he wrote to me once or twice making appointments to give me information; he did not keep the appointments—I was late at one—it was not till afterwards I learnt he was well known in the district—once he went to Mr. Brandon, and said he was authorised by Mr. and Mrs. Scorey to get their goods away from 71, Disraeli Road, and an appointment was made for me to go down there, because Mr. Brandon was anxious the goods should be removed, and I had given orders not to allow anything to go without my permission—Gurling gave me no information about Scorey and Farrell, with regard to
different houses, but what I knew—he mentioned 196, Cambridge Road, in connection with Scorey—he complained about some furniture there, but I did not think it worth while to go into it—I cannot say if he mentioned the Cornwall Road house in connection with Scorey—he mentioned 53, Askew Crescent—after Scorey was in prison he wrote this letter, giving me information about Gurling—I kept an appointment of Gurling at Putney, and met Gurling, who had Brown and Young with him, but in consequence of what had come to my knowledge at that time I declined to let the goods go from 71, Disraeli Road—this is a letter Scorey wrote to the Commissioners of Police, complaining that I had not got sufficient evidence against Gurling—in the case of Dr. Margetson's house, 7, Lonsdale Road, the reference given by Farrell is in Farrell's writing, and signed by him—I have seen him write—he wrote this signature in my presence—in the case of 69, Endlesham Road, the letter signed W. Graham is in Farrell's writing, and I believe the signature to be his also—in the case of 12, Holland Road, the letter signed M. Graham I believe to be in Farrell's writing—I have not seen Gurling write, but I have letters which he told me he wrote—I have not seen Scorey write, but I have had letters from him—this 69, Endlesham Road letter, signed W. Samuels, is in Scorey's writing, to the best of my belief—this 71, Disraeli Road letter, signed Clayton, is in Farrell's writing, I should say—I should not like to say whose this is, signed Smith—as to 12, Holland Road, I believe these names of references were written by Farrell—the references themselves were burnt by Mr. Knight—I believe part of this memorandum is by Harry Turton.
Cross-examined by MR. RAYMOND. As to Holland Road and the references that Farrell gave, Clayton is Scorey and Graham is Farrell—I have no doubt the Graham and Clayton on the memorandum given to Mr. Knight are in Farrell's hand—the only time I saw him write was when he signed this in my presence—I speak from that, and from this memorandum—I am not quite so certain about the Endlesham Road as about the Lonsdale Road; I am speaking most certainly as to that; I think it is a bit disguised; the character of the writing is very similar—as to the letter signed Smith I cannot express an opinion—I never saw Scorey write; he wrote a long letter to me; that has been read—stationers' and other shops frequently receive letters for other people; it is a common thing—many of the post-offices object to having letters left to be called for—lots of respectable people have letters left at shops—Farrell did not resist me when I took him; I did not give him an opportunity—it would have been useless for him to do so; I had three other officers with me; Bremner was close at my heels; he saw him—there are a great many addresses in the pocket-book I found on Scorey—there is a memorandum of where Denning got locked up one day—I did not take Scorey personally—I had been watching him for two or three weeks before; I was not certain he was the man I had followed—I had him arrested.
Cross-examined by Gurling, You told me at Bow Street that I had got hold of some very great swindlers, who had been imposing on the public for several years—I never saw you till Mr. Brandon brought you to me—I called at your house three times and saw you twice—you wrote me a better about Farrell, and said you were in a position to get possession for Mr. Brandon—I gave you 2s. 3d. for your trouble—I said that if you
could find Denning for me I would recompense you for your trouble—I was informed that you were implicated very much in the fraud, and sooner or later we should get a warrant against you; I knew it would be issued very soon.
Cross-examined by MR. HUTTON. I saw Mrs. Turton upstairs after we had the struggle—the dogs came on me after the struggle and the shouting—I only saw three men, Denning, Park, and Harry Turton, some of the children were there, and another son of Mrs. Turton.
Cross-examined by Brown. When you and Gurling met on Putney Bridge he introduced you as Mr. Jones, and you heard it and did not contradict it.
Cross-examined by MR. SANDS. I found this note-book in Scorey's pocket, and I put down everything I found in it.
Cross-examined by Park. A little girl of yours, I think, opened the door; the boy went back into the kitchen to you, and you told him to go upstairs—I saw you next, and Graham and Harry Turton—you struck me across the arm to make me release Graham, and someone kicked me—I may have kicked you—when I got hold of your collar I did not say, "I have got you now, you b—! For two pins I would knock your brains out"—I think I broke the window out with a stick—we were all in darkness; the two lamps were put out—you were the first man I saw—whether the children were yours or Mrs. Turton's I cannot say—Gurling said, "You see two men through the shutter? One is Denning '; and I took him to the public-house where Mr. Gibbs had gone—he recognised him, and I did not detain him, because I had no warrant—I did not know your name then—I was very loth to charge you, and would not have done so if Graham had not escaped—I saw a small terrier and a large collie, a most ferocious brute; we had to shut it up before we could move about the place; it is Mr. Turton's dog—I said before the Magistrate that I would withdraw the charge of assault against you, and I got you out on bail; I was not seriously hurt—I had no bruise on my arm, the heel of my boot saved it—there was a regular scrimmage.
Cross-examined by MR. TAYLOR. I picked out some of the addresses in the book—the name of Denning is mentioned once, and "Graham, 38," that is 38, Goldsmith Road; Farrell is mentioned once; Jametson, the house agent, once; Brandon once; and Montrose once; he was convicted at the North London Sessions a few months ago, for assault on a landlord where he took a house—he was convicted in the name of Reed, with no end of aliases—the next address is 89, Lillie Bridge Road; 55, Ossington Street, is mentioned once—that is a sweetstuff shop, where he had letters left to be called for—14, Oxberry Avenue, is mentioned once; 18, Chippenham Road once; 38, Goldhawk Road is where Denning had his letters left in the name of Graham, and sometimes Turton—I find "Graham, agent for Torr," that is the tobacconist; "William Edwards, 71, Disraeli Road," and "W. Clayton, 69"—I believe these exhibits at 80, Portnall Road, signed "Goffin," to be in Gurling's writing—I have not seen him write, but I have had letters from him, which he has acknowledged to be his—I think I had two from him altogether—I think this signature (produced) is Gurling's, but should not like to be too certain—I have never seen Young's writing; Young has absconded, but when I found this letter Gurling said that it was his.
DANIEL MORGAN (Police Inspector X). I went with. Sergeant Wheatley to 14, Fielding Road, Hammersmith, on 5th February, and saw Gurling—I told him I was going to arrest him for conspiring with persons to obtain possession of houses by false pretences, and that he would probably be charged with other offences—he said, "I have never obtained any houses, and I have had nothing to do with them; I am a broker"—Brown was with him—I said to Gurling, "Who is this man?"—he said, "That is Mr. Jones"—I said to Brown, "What is your name?"—he said, "My name is Jones"—I said, "No, your name is Francis Brown; have you not lived at 58, Netherwood Road?"—he said, "Yes"—I said, "I shall arrest you also for conspiring with several others to obtain possession of houses by giving false references from 58, Netherwood Road"—he said, "I have lived at 58, Netherwood Road, but I have never given any references', and I have had nothing to do with obtaining any houses"—he also said, "I occupy this room"—I searched the place, and had to force open two doors which were locked—I said, "I am under the impression that Young is here"—they said, "No; he has been stopping here, but went away yesterday" and that he lived at 80, Portnall Road—I went there, and found he had disappeared, and I have not been able to arrest him—on January 28th I took Park outside Marylebone Police-court for assault, and I preferred the further charge against him of conspiring with Mrs. Turton and Denning, alias Graham, by giving a false reference to obtain possession of 90, Loftus Road; that he and Denning were lodging together at 53, Askew Crescent, and that he must have known of their circumstances—he said, "I have given no false' references; Turton and Denning lodged with me; what I said was true"—he occupied 53, Askew Crescent; it was let to him by Mr. Axton—I hold a warrant against Owen Wood—I also arrested Lewis—I found in the pocket-book the address of Grant and Scorey, 133, Chesterton Road, also 18 and 19, Fielding Road; 18 is the house which was attempted to be obtained from Mr. Hoskings—I also found an authority from Lewis to receive 25s. from Malcom, and a County Court summons and bill in Jones v. Lewis, and Jones's address, 52, Tavistock Road—Jones is a swindler, I have had him in custody twice—I also found a County Court summons against Malcom, and a draft agreement of Malcom's to engage young men; "Manager, previous knowledge of business not necessary; £20 security, 10, North End Road, West Kensington"—10, North End Road is a house which they left without paying the rent—I found forty or fifty letters in answer to that advertisement, and an agreement with Thos. Watson, who had been engaged, also an agreement with Fraser to pay 5 per cent, on the first year's rental—that is in Fraser's writing—I also found this memorandum, "To Mr. Lewis, Sir,—Provided you introduce a tenant I acceptn—that is in Lewis's writing—there is also a letter from the agent complaining of the use Lewis had put the house to, not opening it as a shop, and that the neighbours had complained—I found a letter from Mr. Harrison, a solicitor, advising Lewis to put the brokers into-64, Queen's Road; I also found a letter from the landlord to Lewis, about the rent of 126, "Uxbridge Road—he was there about nine months, and did about £80 worth of damage, and it cost about £90 for proceedings in ejectment to, get him out—there is a letter from Grayer and Son, the landlord's agents, to Lewis, telling him he would be released from payment of rent if he would
go out; I also found a draft agreement in Fraser's writing. (This proposed terms without prejudice, for giving up possession of Queen's Road, Notting Hill, indemnification being given for all costs, the legal proceedings to be abandoned, possession to be given to Mr. Lewis in (blank) days) I also found a pencil address, "Hopkins, Esq., Railway Tavern, Kew Road, Richmond," and a draft prospectus of 76, Uxbridge Road—at 14, Fielding Road, I found a document that was in the possession of Gurling, Mason, Young, and Brown; and a great many documents relating to Brown, Grant, Turton, Young, Fraser, Denning, Smith, Captain Addison, Walkinshaw, and Lewis—I also produce letters received from Makeham, in which he refers to Gurling; they were written under cover to me long before he was in custody—the purport of them is that Gurling and Young forced their way into his house, and he mentions Scorey's name in it—I found at 14, Fielding Road some warrants to distrain, and a County Court summons against Makeham, and a notice for Makeham and Lewis to attend for the trial to be heard—I found an address, "MRS. Scorey, 38, Gipsy Hill," "J. Watson, 12, Westow Hill," "Dr. Williams, 118, Northam Road, South Hackney"—that is a fictitious address, given for 20, Fielding Road—I found a warrant to distrain, W. Scorey and Farrell, and an authority to Richards to get possession of another house—an authority to Scorey to get possession of 11, Woodfield Crescent—every one of them had to be paid to go out there—I found distress warrants from Wells to Richards, and from Roberts to Richards; Mrs. Roberts Is another of the gang; some envelopes addressed to F. Richards, 196, Cambridge Road, some post-cards from Makeham, 96, Clarendon Road, and from Nicholls, 64, Queen's Road—J. Rogers is another of the gang; he has had about thirty shops, and is under investigation by the police—I also find an application for a reference addressed to Dinning, a letter from Mr. Harrison, a solicitor, at 4, Askew Crescent—Denning was there with Gurling, and no rent was paid for nine months—J. Weston is the fictitious name of Denning or Scorey—I think Stevens is Denning—I found an order to visit Brown in Holloway Prison, a letter from Scorey, asking for a reference to become a licensed bailiff—I found in Makeham's pocket a letter from Lewis, and another from Young—I have a large number more to go through, this is not a quarter of them; they refer to names and addresses of houses about which we have had complaints—papers were found at Makeham's house which include the names of the whole of the prisoners except Park; Farrell's name only appears once; that is in the distraint with Graham—I have had some of these documents in my possession since 5th January.
Cross-examined by MR. RAYMOND. He went to gaol because he had not paid his taxes—I don't know whether Captain Addison went to gaol on account of not having paid his taxes—I have known Scorey by name several years—I did not know that he is a butcher.
Gross-examined by Gurling. The papers are in the same writing; the signature speaks for itself—I don't swear they are your writing—the papers belonging to you were found in your room—there were dozens and dozens of distraint warrants—I do not know Mr. Collings—I came to 14, Fielding Road, and called you up, and told you I was going to take you in custody—I knew you; I have seen you scores of times; and I
heard you got a month for assaulting old Morgan in a brokerage case—I said you ought to have five years.
Cross-examined by Brown, I never said that there was opposition in getting into the house on January 3rd; but the doors of two or three rooms were locked—no one would give me a key, so I said then I should open it with my foot—you said your name was Jones—we were an hour in the house before I knew you were Brown, or you, would have been arrested before—it was Makeham who told me you were Brown.
Cross-examined by MR. SANDS. I cannot say in whose writing the entries are—I have heard that Grant was at Chesterton Road, and was got out by Gurling.
Cross-examined by MR. TAYLOR. When I arrested Lewis I showed him a letter; he said, "I did not write it"—I should say that Lewis's letter to Makeham is not in the same writing—comparing the signature S. Lewis to the agreement with the signature to the letter found on Makeham, I should say they are the same—the letter of reference denied to be in Lewis's writing is dated from his house, 64, Queen's Road—I don't think it is in the same writing as the other documents shown to me—I don't think the letter given as a reference and signed "Lewis" is in Makeham's writing, and I do not think it is Lewis's—I found from the documents at Lewis's house that he was being sued by Makeham for money; that was done to keep the Sheriff out, to get judgment—I don't know whether they got judgment—Jones does not deal in white lead; he is an unmitigated swindler; he gets goods up from the country, and does not pay for them—I found Grant's name in the book, but not Park's—Lewis was in possession of the house four, five, or six months; Mr. Lucas is, I think, the landlord—I don't know who Magee is—Dr. Lambkin has not been charged, and several others—if I had found out that Lewis was the agent of Lady Hope, I should still have charged him with getting possession of the houses by means of a trick, by referring to Magee—Magee was deceived; I did not see him, I go by the Sergeant's reports—I know Makeham under surrounding circumstances—the reference is lost, it got into the possession of a house agent who has quarrelled with Mr. Hopkins, and he will not produce it, and keeps out of the way—Lewis has not appeared under an alias, to my knowledge.
Re-examined. This is the letter: "I have known Mr. Makeham as a respectable man, and do not hesitate to recommend him to you as worthy of credit"—at that time Lewis was tenant of the house for nine months without paying any rent, and it is written from that house—it is not like, the two documents in his writing—Grant's address appears three or four times.
GEORGE WHEATLEY (R e-examined). I went with Inspector Marshall to 90, Loftus Road, when he arrested Park—the door was found open, and I followed him in—I was in plain clothes—the place was in darkness—Inspector Marshall took hold of Park, and two dogs (a large collie and a terrier), which were not muzzled, were trying to get at us till I drove them upstairs—I heard someone urging the dogs on to us—I said "We are police officers, and it is a very cowardly thing to do"—I drove them, into a room upstairs, and saw the woman there—I said, "I am a police officer, and hold a warrant for your arrest, for conspiring with a man named Graham"—she said; "Oh, you have made a mistake. 'I know
nothing about it of Graham"—I read the warrant to her relating to Gibbs' case—she said, "Oh, I have an action pending against Mr. Gibbs"—I searched the room, and found a large number of documents between the mattress and the bed—these are bills for goods; some of them are paid, but the majority are not—they are in the name of Mrs. Walkin-shaw, Mrs. H. Turton, Mrs. Denning, and a butcher's bill to Park—some of the others are addressed to 90, Loftus Road—there are about forty altogether.
Cross-examined by MR. HUTTON Some of them go back to when they were in Kilburn, 1888—she was standing outside the door of the room when I found the things under a mattress—she is a cripple—she was urging the dogs on, and a little boy who was with her—she was the only one standing there—she said, "Seize them! Go at them!"—I never heard why she did that—I am told that one of the dogs bit Park on his leg—I did not ask her why she had done it—she is a cripple, and could not get away; I did not charge her with assault for setting the dogs on me, because I was not injured—Park, Marshall, myself, Turton, and a little boy were in the house; Denning and Graham were not there when I got there; there was a light when I arrested Turton; that was the only light in the house: I drove the dogs into her room; she was at the doorway, and I asked her to keep them there—this was on January 4th.
Cross-examined by Fraser. You wrote your name in a book, "James Fraser," in pencil, on giving up three keys in your mother's presence.
Cross-examined by MR. TAYLOR. I have seen Magee.; he wrote Lewis's testimonials—Magee mentioned that he owed him further rent—I have no reason to doubt that Magee wrote this, and that he is a perfectly honest man; he is the manager of a coffee-house which is used for religious purposes, a kind of mission-hall.
Re-examined. This is "James Fraser" only; I think it is the same writing as the James Fraser in these two documents found on Lewis.
AMOS ATKINSON (Police Sergeant). On 9th January, between ten and eleven o'clock, I took Grant at the Carlton public-house on a warrant—I told him it was for conspiring with Gurling and others—he paused for a second and said, "Yes, I know them"—I took him to the station—he said, "I deny it in toto.
Cross-examined by MR. SANDS. I went miles after him; I knew where he lodged, and went to his house after him, but took him at the Carlton.
SERGEANT WHEATLEY (Re-examined by Park). Inspector Marshall went in in the disguise of a baker; I heard a scuffle, and heard I him say he was an inspector; so I went in and found him jammed in the doorway; his foot was in, and his body was in the door—I put my shoulder to the door and burst it in,. and he complained of having been assaulted—I heard the dogs directly after he entered; you and Marshall were struggling together when I drove the dogs upstairs—Marshall did not tell me to stop outside—you did not put the dogs away, they were away before you came up; the little boy put them into a back room after a lot of persuading.
Scorey, in his statement before the Magistrate, denied having anything to do with Mr. Smith, and denied being concerned in any conspiracy.
Witness for Fraser.
MARION FINCHAM . I am the wife of James Fincham, of 18, Norland Road, Notting Hill, and am the mother of the prisoner Fraser—I have been married more than once—I have been a householder in Notting; Hill about seventeen years—I know 154, Cornwall Road, Notting Hill; I lived at 168 eight or nine years—on Saturday, 25th January, Mr. Burns' clerk came to Norland Road, and said that Smith had offered to pay my son for getting people out of a lodging-house—he said that if he did not get them out the following Monday he would not get one penny, as he would get them out himself—he had difficulty in getting the lodger Humphreys out—I heard him say that he would not leave for six weeks, and my son gave up possession on the very afternoon that Humphreys moved out at twelve o'clock—Mr. Smith called about my son taking the house—he came in a hurry, and said he wanted to see Mrs. Fincham—I said, "I am Mrs. Fincham"—he said, "You have a young man here named Fraser?"—I said, "Yes"—he said, "I suppose he is a respectable young man?"—I said, "Yes"—he said, "He has applied to me for a house at £36 a year; is be in a position to pay, do you think?"—I said, "He ought to be"—he said, "What salary does he get?"—I said, "When he was in the law, as a bill clerk, he had £2 10s. a week; he was some years in the firm of Sir Richard Wyatt, of Parliament Street"—he said, "Tell him to call this evening, and I will have the agreement prepared for him"—he did not ask if he was my son, I thought everyone knew it; my son paid me for his board and lodging pretty, regularly; he has lodged with me ever since I took the house last year—he has been employed as clerk by several firms of solicitors, and often brought home work, and sat up all night writing—he earned £1 a night sometimes getting briefs up.
Cross-examined. I did not tell Mr; Groom or Mr. Smith that the person I was asked about was my son—it is five or six years since he was employed at Sir Richard Wyatt's—he was at Mr. Holrow's, in Coleman Street, for twelve months or so, about three years ago—I won't say he was there twelve months; he left through being ill—I cannot tell whether it is more than four years since he was employed there: he has also been in business for himself—he was employed in Bedford Row, but I cannot recall the name—it is five years ago since he sat up all night industriously preparing leases—I have heard that he did not pay any rent for the house—I have not seen Gurling for the last two years—my son has not spoken to him for that time—I had to punish him for coming and knocking at my door at unseasonable hours—I had to apply to Mr. Paget for protection, and since that my son has never spoken to him—my son was living with me—I do not know what he wanted to take a house for, and did not know he was going to do so—he was in the house when the man called, but I do not think he was up—I understood he was going to be married to a widow, and live in the house, but they fell out—I have seen her a great many times—she is governess in a family—I did not tell Mr. Smith that Fraser had lodged with me five years; no time was mentioned—I said, "He lives here"—I did not tell him that he had got a position at Westminster—I never mentioned £2 10s. a week—it is six years since he was employed at Sir Richard Wyatt's.
Cross-examined by fraser. The £2 10s. referred to your situations
generally—you have been in several offices—you were employed at Moon and Clark's two or three years ago; you have been on your own account lately.
Cross-examined by Gurling. You caused a great disturbance in 1887., and upset my lodgers, and I went to the Police-court and got protection—you and my son got tipsy together; it was very great grief to me to see him in your company—the proceedings I took were for outrage, breaking my door in, and you brought four rough men to my parlour—I applied to Mr. Paget, and you got fourteen days, at Hammersmith Police-court.
MR. FULTON having proposed to make a general reply upon the whole case, the COMMON SERJEANT, after considering the matter and referring to Reg. v. hayes 2, Moody 155, Reg. v. Jordan 9, Carington v. Payne 118, and Reg. v. trevelli 15, Cox 289, held that MR. FULTON was not entitled to a general reply, but only as to the ease of Fraser, who had called a witness, and Makeham, who had put in a letter.
Fraser, in a written defence, alleged that his intentions were perfectly honest and straightforward, and it was only through misfortune that Mr. Smith was not paid his rent, as he was out of employment, and his lodgers did not pay him, and refused to go out, which prevented him giving possession, the last of them only leaving on the day he gave up the premises; he denied any conspiracy and any dealings with Gurling for the last two years, and stated that if Mr. Smith had distrained he would have had his house in September.
Makeham, in his defence, stated that the two houses with which he was concerned he had taken on speculation, to let out in tenements, but being unsuccessful he was unable to pay the rent; he therefore derived no benefit from the transaction, nor was he guilty of any fraud,
Gurling and Park also denied any fraudulent intentions.
TURTON and PARK— NOT GUILTY .
SCOREY, FRASER, GURLING. BROWN, GRANT, MAKEHAM, and FARRELL— GUILTY .
LEWIS— GUILTY of Conspiracy.
BROWN and LEWIS were strongly recommended to mercy by the Jury.
SCOREY and MAKEHAM— Five Years' Penal Servitude.
FRASER— Twelve Months' Hard Labour.
GURLING— Twenty Months' Hard Labour.
GRANT and FARRELL— Fifteen Months' Hard Labour.
BROWN— Six Months' Hard Labour.
LEWIS— Four Months' Hard: Labour.
The COMMON SERJEANT said that the highest praise was due to Inspectors Marshall and Morgan for the ability and discretion which they had displayed in mastering the details of this extremely difficult case; also to the other officers in to ably assisting them. A presentment by the GRAND JURY had been made to the like effect.
OLD COURT.—Wednesday, April 2nd, 1890.
Before Mr. Common Serjeant.
MR. HUTTON Prosecuted.
GUILTY .— Nine Months' Hard Labour.
MR. ELDRIDGE Prosecuted.
HENRY WILLIAM SUMMERS . I am a teacher of music and book-keeping, and live at 49, Kenninghall Road, Clapton—on 15th January last I saw this advertisement in the Daily Telegraph (Read "Competent bookkeeper wanted for a position of responsibility; cash security wanted; good salary and permanent position")—I applied by letter for that appointment, and received this reply (Read: "60, Museum Street, Bloomsbury, 27th January, 1890. Sir,—If you are still disengaged, and can meet me to-morrow at 5 Warehouse, Midland Depot, St. Pancras Market, I shall be glad to talk matters over in reference to your application of the 15th inst., L. D., Daily Telegraph; say three p.m.—THOMAS LEE")—in consequence of that letter I went to meet the writer, and I saw the prisoner sitting in the office of the address given—I said, "I have come in reference to the situation, about which I received a letter from you"—he said, "That is quite right; I suppose you understand that I require £50 security"—he said, "My name is Thomas Lee; I am the sole author of a book on potatoes; perhaps you have heard of it; I will give you a copy before you go, to give you an opportunity of reading it, to see that you are dealing with a gentleman and not with a scamp"—we were sitting in Mr. Dutton's office—the prisoner said he had bought that business for £800, and was to take possession on the 14th February; that they required a manager and book-keeper for that office—he said he was in business at Covent Garden at present—I said I could furnish the £50 required-; also references—he said, "I don't want references, all I want is the money, and that shall be returned to you as soon as I find you are honest."—he said he was worth £20,000, that the money required from me was nothing to him, because he was a wealthy man, that his wife had a private income of £400 a year, and owned the premises where he resided at 60, Museum Street, Bloomsbury—I believed those statements, and made an appointment at the close of that conversation—he said, "I think you will suit me, you can call again next Monday, unless you hear to the contrary"—previous to saying that he warned me against speaking to Mr. Button's manager, because he was to be discharged, and he did not want him to know it—on 3rd February I received this letter. (This requested witness to meet him at four p.m. on Monday in the smoke-room of the Manchester Motel)—I went there, and met him—he said the potato business in general was very profitable, and one that would enable him to pay me a food salary; he repeated his previous assertions as to his own and his wife's property, and then he said, "I have just sold my Manchester business for £2,000"—I believed that—he also said he had met Mr. Dutton that morning, and had given him a cheque for £200, and a bill at a short date for the balance of the. £800—he produced a blue folded paper, and said, "Here is the receipt," and replaced it in his pocket-book—he said he was sorry he could not engage me for the St. Pancras business, as he had already engaged a Mr. Langworthy, who had paid him £400 to put into the business at 5 per cent.—he said, "If you pay me £50 security I am willing to engage you for my business at Covent Garden; it is a nicer office than the other, and I think will suit you better; it is at No, 7, Bow Street opposite the Police-station; you can start on a set of books there next Monday"—he then showed
me a small book, and said that was a record of the business done by him at Bow Street—this is the book; he called it a truck-book; he pointed out a page marked D—he said, "I can't take a lower amount than £50, some thousands will have to pass through your hands"—he said he had a sleeping partner, a Mr. Archer, but I should not come in contact with him; I have not seen him—he said he would take an early opportunity of introducing me to his bankers, the London and County, in Henrietta Street—he said now that he had the St. Pancras business, the Bow Street office would be only a branch, but I should take the money from the salesmen, pay it into the bank, and account to Mr. Langworthy at the chief office, St. Pancras—he said he had been in business there under the style of Elliott and Co., but he had had it now for some time in his own name—he said he had discharged someone from Bow Street for robbing him—I said, "Do you mean Mr. Elliott?"—he said, "I do, you will see it in my book"—I produced the book and showed him the passage, and he said, "That is the one;" he had given me the book previously; it was the book which principally influenced me throughout—he said, "If you pay me the £50 now, I will engage you, if not I shall probably decide upon a young gentleman I am to see to-morrow morning, who will pay me £100"—I said, "I have the money with me, and will pay you, if we come to terms as to salary"—he said, "How much do you want?"—I said, "£3 a week"—the terms ultimately agreed upon were 50s. a week for the first three months, to be raised to 70s., and then to £200 per annum at the end of the year—I paid the £50 in Bank notes, of which I took the numbers, 91452 to 61 inclusive; this (produced) is one of the notes—I wrote out this agreement at the prisoner's dictation, and we both signed it—(ready—I made an appointment to meet the prisoner the following day, the 5th, at St. Pancras; that was when the salary was to commence—he then wanted me to go with him to Boston, Lincolnshire, for the purpose of buying potatoes—I kept that appointment, he did not, nor any subsequent one—I next saw him when he was in custody—I received several telegrams and letters from him, and then I applied for a warrant—I have not discovered any place where he was carrying on business—from what he said I believed the statements he made to me, and in consequence of them I parted with my £50.
Cross-examined by the Prisoner. You told me you were inundated with applications for the position; you said you had 156 applicants—when you gave me one of your books, you said I should see who I was dealing with—you gave me a week's time in which to make inquiries about you—you said you were residing at 60, Museum Street, not that you had apartments there—I did not write to you there, I wrote to St. Pancras—you said nothing about a partner at St. Pancras, or about your having recently cleared £200 by the sale of your book; you said that the present Lord Mayor had purchased some of them—you said you were worth £20,000—you said you wanted the £50 as security—you did not tell me that you had speculated and lost heavily on the Stock Exchange; if you had I should not have entertained the proposal; you told me the truckbook related to the Bow Street business—I thought the inquiries I made about you showed that your statements were genuine—I told you that the inquiries I had made satisfied me that you were extremely well known in the potato trade—on 17th February I applied by telegram to have my
£50 returned;. that telegram was returned—I made a note-of what took place between us, the day after I met you at the Manchester Hotel, because the previous night I had a very bad dream; I dreamed that I had lost my money and was going to the workhouse—I never applied to you personally for the return of my money, I had no opportunity of doing so, could never find you, and did not know, where you were.
WILLIAM OLDHAMPSTEAD (City Detective Sergeant), I apprehended the prisoner on 20th February at Gray's Inn Road Hospital—I said to him, "I am a police officer, and have a warrant for your arrest on a charge of defrauding a young man named Summers of £50; shall I read it to you here, or will you wait till we get outside?"—he said, "Outside"—I let him read the warrant outside—he said, "Oh, yes, I know the young man very well; I know all about it; I suppose he relies on No. 7, Bow Street"—I took him to the City, where he was charged; I searched him, and found on him this truck-book, this bill for £250, with names in pencil, and this letter (Read: "Manchester Hotel, January 3rd, 1890. To Mr. C. H. Archer. Dear Sir,—I have this day agreed with Mr. Thomas Lee to dispose of my business for £800, £250 by bill at short date, and cash for the remainder, to be paid not later than February 14th.—Yours respectfully, HENRY DUTTON")—I have made inquiries about Mr. Archer and Mr. Langworthy, but have not been able to find them.
Cross-examined. I have been to 86, Hampstead Road; Mr. Langworthy has never lived there—when I arrested you you did not say "There is no false pretence whatever;" you said you were about buying, or had bought, the potato stores of Mr. Dutton.
HENRY DUTTON . I am a potato merchant, carrying on business at 5, St. Pancras Depot; I entered into negotiations with the prisoner for the purpose of selling him my business; it was arranged that I should have £800, consisting of a bill for £250, at short date, and cash for the remainder on 14th February—he said he had a partner with means—he gave me this document: "January 8th, 1890, twenty-one days after date, pay to Mr. T. Lee's order £250, for value received," addressed to Mr. J. C. Archer, endorsed Thomas Lee—I did not regard that as a satisfactory document, and I drafted a proper bill; this is it—I put the signatures in pencil; it was never signed in ink—I also wrote this letter—I still hold the business at 5, St. Pancras Depot—I do not know of any office in London where the prisoner has business.
Cross-examined. When I first met you I think you proffered to sell me some books that you had written—I told you that my brother was retiring from business in Birmingham; I expressed a desire to get rid of my London business, as my business in the Midlands was increasing, and I should have more than I could do—I may have said it would suit, you, with your extensive knowledge of the growers—we had considerable correspondence about it we met very frequently at St. Pancras by appointment; first at one hotel, and then at another—I recollect you showing me a letter from your brother-in-law; I do not remember one from J. C. Archer—you said you were inundated with applicants, but it did not concern me—Langworthy was the only applicant I saw; that was at my office, and we adjourned to the White Hart Hotel—he said he should put £400 into your busies—I do not know; that your brother-in-law is a very wealthy man—I got a letter from you at Derby on January 1st, saying that you could not
meet me, as you had to meet Mr. Archer next day at the Manchester Hotel at 12.30, or it might be later—you told me you were keeping an appointment at the Manchester, with the man who was going to find the money for the business—I went there, and you said that Mr. Archer had gone off in a hansom, three or four minutes, and you wished I had been there earlier—you told me he was willing to leave the matter in your hands, and that £800 was the amount agreed on, and I wrote the letter produced—I do not remember seeing Summers at all—it was arranged that provided Archer failed to turn up on February 14th that I was to take £400 in lieu of the Jersey business—you never signed the draft I gave you—I have known you twenty years; your father was in the potato trade before you; you have shipped many cargoes of potatoes to Nova Scotia; you ought to be an authority in the trade—I had a deal with you and your partner, Mr. Heaton, in Sunderland—you were in the Borough Market last year.
Re-examined, There were two arrangements under which the prisoner was to purchase the business, neither of which has been carried out—a bill was given me for £250, which was worthless by the way it was made out; I then got a draft, and told him to get Archer to sign it, so that it would be genuine, and I could negotiate it, but it was never signed; he told me he did not know Archer's address—I said, "I shall consider this nothing if he does not turn up"—then Langworthy turned up, and said it was possible they might not require to work the Jersey business; that was when I agreed to reduce the purchase-money from £800 to £400, in consideration of my keeping the Jersey business—I believe Mr. Langworthy appointed the day to provide the £400—my view of the prisoner's position is that he is practically without means—I have heard that his wife has an income.
CORNELIUS REDGRAVE . I am a bagatelle maker, of 88, Long Acre, and am householder of 7, Bow Street—I have known the prisoner upwards of twelve months by visiting the shop, No. 7, occupied by Elliott, a potato salesman—the prisoner has never taken any part of 7, Bow Street, or carried on any business there, to my knowledge.
Cross-examined. You met me in Drury Lane with Mr. Elliott some time ago, and wanted to take my place—I said that I would accept you as a tenant, at twenty-five shillings a week, as soon as I got possession, but Elliott had kept possession, and would not give it up—he gave it up on 10th February, the same morning that Summers came to take the situation—you said you had bought the business, and should part it off and make an office—I asked you to buy certain things—I said, "You had better advance Mr. Elliott the rent, and then you can do as you like; I shall have nothing to do with him, when he gives up the place, I will take it."
Cross-examined. I took 7, Bow Street, in May last, and wrote to you with a view to employing you—I suggested that with your knowledge of the growers you might be able to get me consignments—you gave me the addresses of many growers—if you secured any consignments you were not to hare half profits, but 2s. 6d. in the ton commission after the expenses were paid—I had the name of a man named Thorpe
on my door; I fell out with him and he went away—I sold goods for McPherson, which were delivered at my place by his instructions to the railway company—I remember this book (produced)—you showed me the MS., of it before it was published—you told me Mr. White's name should have been inserted and was not—I never approved of the book—I noticed that you had taken my name out of the second edition—you said you would buy the furniture, but did not select certain things.
Re-examined. The business conversation came to nothing—Mr. Red-grave suggested my taking the premises, and he was very anxious to have him as a tenant, and the prisoner said he would buy my office furniture for £10, but it never came to anything.
CHARLES WOODBOURNE . I live at 60, Museum Street—the prisoner has rented furnished apartments of me for three years, at 8s. a week, with his wife—on 3rd February he asked me for his account; he was then £3 6s. in arrears of rent—I gave it to him, and he paid it with a £5 note; I gave him £1 14s. change, including the week in lieu of notice—he said he was going to Manchester at once—he said that if anyone called I was to say he had gone to Manchester—they took away everything belonging to them—I parted with the note to Mr. Billing.
Cross-examined. You did not pay each week, but my terms with you were to pay weekly.; when you nave been in Scotland, Hampshire, or Essex, it has run up to £7 or £8—Mr. Nash was your partner in the Borough Market—you mentioned your intention to take a house in London, but your wife objected; she was very much attached to Mrs. Woodbourne, and would remain with her till they left—my wife is an invalid—your wife is a very good woman, but you are a very bad husband—your wife had no interest in my premises—you told me you had fifty-nine answers to your advertisement.
HENRY WILLIAM SUMMERS (Re-examined by the Prisoner). I saw by your book you had been in London nine years—you told me you had sold your business in Manchester for £2,000, but there was plenty of time in nine years for you to buy and sell many businesses—the book says you arrived in London in 1881.
The prisoner, in his statement before the Magistrate and in his defence, said he was well known in the potato markets, and had held goad positions in them; that he had been arranging to start this business, and he denied having made any false representations, or having received the £50 with any intention to defraud.
He then PLEADED GUILTY to a conviction of felony in July, 1878.
Eighteen Months' Hard Labour.
Before Mr. Recorder.
MESSRS. BESLEY and RAVEN Prosecuted, and MR. FILLAN Defended,
WILLIAM OSBORN , I live at Victoria Dock Road, West Ham, and am employed by the London and India Dock Joint Committee as a piece-work foreman—on Saturday afternoon, 22nd February, about 2.30, I went between sheds 7 and 9, looking for some wool—I saw the prisoner there; he was rolling a bale of wool from the platform towards the tail of his van—I was about fifteen or sixteen yards from him, and about twenty from the van—I went to the end of the opening, and then saw that the bale had disappeared, and I went and gave information to Mr. West, my warehouse-keeper—I could not see whether there was any mark on the bale.
Cross-examined. It was bound with iron—there were three bales at that corner of the platform—it requires three or four men to lift one of these bales—I saw no other men besides the prisoner—I saw Nixon; he was standing near his own van—after the vans are loaded the carmen have to get a ticket to pass out at the gate—the prisoner says that eighteen bales were taken out at the gate—I have never known that there has been a bale too much, which has had to be brought back by the carman; that would not come to my knowledge—I have nothing to do with it—I daresay the prisoner could have seen me when he was doing this if he had looked—I was between the two sheds, about fifteen yards from him—there was no tarpaulin on the van—I suspected something wrong, and I watched at the end of the opening to see—I did not know him as coining to the dock before—I knew he was in the employ of Thorogood.
Re-examined. The three bales on the platform were marked "T. G. B. "in a circle in red, andiron-bound—I saw this bale afterwards when it was taken out of the van; it had the same marks as the three on the platform—there were four men to load the van; the tail of the van was lodged on to the platform, just the same height; a bale could be rolled along the platform straight into the van.
JAMES WILLIAM HEDGES . I am check clerk in No. 1 room at the Albert Dock, and am in the service of the Joint Committee—on Saturday afternoon, 22nd February, I was engaged in loading two vans, checking the bales as they came from the pile in the shed—four men were engaged throwing the bales into the van—I checked off every mark as they came by me; they were marked in black—eighteen bales, checked by me, were put into the prisoner's van, and eighteen into Nixon's van—the vans are numbered; the prisoner's was 26, and Nixon's 16—after the vans were loaded, I took the gang to do another job, leaving the two vans there—I saw three other bales lying on the platform, about twelve yards from the van—they were marked "T. G. B. "in a circle in, red; they were all iron-bound—no bales go into vans with the bands on,—I had not tallied a bale, marked with red and iron-bound, into Gayton's van—the tarpaulins were not on before I left; they were going to "put them on—on coming into the dock the carman would first go to Mr. Burrows, the delivery foreman, and fetch an order to say how many
bales were to be delivered—the prisoner did not fetch an order that day, because it was part of an order which we had had before—they were to go to Bush Row.
Cross-examined. The order was for 300 bales, I believe—the number of bales in a van is according to the weight of the bales—they would take as many as they could; the iron bands would be taken off in the shed—we have never loaded any with bands on unless in case of a strike, and then the men must chop them off—I have never known a case of one bale being overloaded; I have heard of it—I have not heard of a bale being returned unless it was a case of wrong delivery—my department has never made such a mistake; I can't answer for other departments—there were six or seven men engaged in fetching the bales from the shed, but only four in putting them into the van—none of those four men are here.
Re-examined. I asked the carmen how many bales they were going to take, and they told me 18 each, and that was the load I tallied for them—I have known the prisoner as coming and getting the wool, that is all; I have been employed there five years; I have not known him that time.
RICHARD O'KEEFE . I am a constable, stationed at the Royal Albert Dock—on Saturday afternoon, 22nd February, about half-past two, I was on duty in the dock—I received information—I saw the two vans, one of which was driven by the prisoner—I stopped them at the rear of No. 9 shed, near the opening between 9 and 11 sheds; they had started on the road out—there was a tarpaulin fastened at each corner, and over the tarpaulin a rope securing it; it would be impossible to tell how many bales were in the van without uncovering the tarpaulin—I asked the prisoner how many bales he had in his van—he said, "18"—I said "Have you a pass for the same?"—he said, "No; my mate has the pass for the two vans; each have 18 bales on"—I went to his mate, Nixon, and got the pass from him; and on examining it, I saw that it tallied with the account the prisoner gave as to the number of bales on each van—this is the pass—I said to the prisoner, "Your passes appear to be all right, but I am not satisfied as to to the quantity in your van; have you any objection to my counting the bales in your van?" he said, "No, sir"—I told him to draw the van into the opening, and I had the contents discharged on the platform and counted, and there were nineteen—there was a marked distinction between one of the bales and the others, there was a red mark on one, and it was bound with three iron bands; there were no bands on the others, and they were all black marked, the red bale was at the tail of the van, and on the top of the two lower bales—I asked the prisoner how he accounted for the extra bale on the van—he said, "I know nothing at all about it, it would be impossible for me to put it there myself"—I told him his answers were unsatisfactory, and I should charge him with being concerned with Nixon in stealing the bale of wool between 7 and 9 sheds—he said, "I know nothing about it"—they were both taken before the Magistrates at Stratford, and there Nixon was discharged.
Cross-examined. I should say there was nothing unusual in the loading of the odd bale; I am not sufficiently versed in dockology to speak as to the marks—I cannot say whether the red mark was on one side of the bale, I know it was on one end—the bale was about three feet long, not square, somewhat of an oblong, the red mark was a large one—the gatekeeper is not here; he is still, in the employ—I have been over fifteen
years in the employ—the prisoner answered my questions readily and respectfully.
Re-examined, I stopped them about three-quarters of a mile before they got to the gatekeeper.
FREDERICK HATFIELD (Policeman K 191). I received the prisoner into custody at the Custom House Station at the Docks from Inspector Hamilton—on the way to the station, he said, "How do you think we shall go on? I know nothing at all about it, it must have been a mistake; but perhaps I had better not say anything."
GEORGE WILLIAM HAMILTON (Police Inspector), I was present when O'Keefe stopped the van—I saw the tarpaulin removed, and the bales turned out; one was marked and bound differently to the others—the marks on the bale were quite distinct and clear—the prisoner said he knew nothing about it—Nixon said, " it is all false."
Cross-examined. I said at the Police-court that I had heard there had been a mistake now and then of a bale extra being put on and brought back; that has been when it has been misdirected—I have not heard of a mistake where eighteen has been ordered, and another got on.
The Prisoner received a good character.
GUILTY. Strongly recommended to mercy on account of his previous good character— Nine Months' Hard Labour,
Before Mr. Justice Hawkins.
MR. WATTS Prosecuted, and MR. MUIR Defended.
NOT GUILTY .
Before Mr. Recorder.
NOT GUILTY .
Before Mr. Justice Hawkins,
MR. BROXHOLME, for the Prosecution, offered no evidence on the Inquisition, The GRAND JURY had ignored the bill.
NOT GUILTY .
Before Mr. Recorder.
MR. HORACE AVORY Prosecuted; MR. GEOGHEGAN appeared for Edwards and MR. KEITH FRTTH for Murray.
EDWARD NEWNHAM . I am a patentee, and live at 40, Featherstone Road, Highbury—on the night of October 12th I was on board the Normandy Steamship, from London to Dieppe—I had my watch and chain and compass safe on board, and missed them from my waistcoat pocket about an hour after we left Newhaven—I had my overcoat on, and was sitting" at the cabin table for some time, and, the berths being occupied, I laid down on a seat with my overcoat under my head, and fell asleep—I complained to the steward and captain—this is my watch (produced)—I saw it again at the beginning of this month, when an officer came to me—it has since been engine-turned outside my initials, and "W. Black, jeweller," has been taken off—I also know this compass.
Cross-examined by MR. GEOGHEGAN. I can swear to the watch most positively—the description of the watch I gave to the police was not completely different from this—the bow is still on the watch—this spade guinea is not mine—the ship was very crowded.
HORACE BALDWIN . I am mate of the steamship Normandy—on 12th October, when we had been out about two hours, Mr. Newnham complained of having lost his watch—before that I saw three or four men on the quarter-deck, apparently drunk, lying near some fish, and another man followed me all round the ship when I was collecting tickets—I did; not speak to the man lying on the deck, but he was gone three-quarters of an hour afterwards—the prisoner Edwards is a similar build—whan: the gentleman complained that he had lost his watch I roused the man; he was nearly the last man I took a ticket from; he gave it to me.
Cross-examined by MR. GEOGHEGAN. When I tried to rouse him up he made a rumbling noise—there was not a cross sea, the decks were dry except from the water running from the fish—I was taken to identify him from six or seven others, and picked out a man who I heard was a policeman; I did not pick the prisoner out.
JOHN MCCARTHY (Detective Sergeant L). On 1st March, about 12.30,. I was with Sergeant Williamson, near the Horns Tavern, Kennington, at midday, and saw the two prisoners together; they entered the Horns, and almost immediately Murray looked out at the door towards us—I went up and said, "We are police officers"—Edwards said, "I thought you were"—I said to Edwards, "You answer the description of a man wanted for stealing a gold watch and chain on board a ship last October"—he said, "You have made a mistake, I am not the man"—I asked them to come to the station, which they did—Edwards was wearing this watch and chain—he said, "I bought those of a man in Paris"—I said, "What is his name and address?"—he said, "I don't know"—he was wearing a plain gold band ring, two diamond and one sapphire rings,. and he had 2s. 1 1/2 d. on him—Edwards gave his address, 226, Cold Harbour Lane, Brixton.
Cross-examined by MR. GEOGHEGAN. He had never lived there; he rectified it afterwards, and said No. 216, which was right—this ring is of good value; these are good diamonds and a sapphire.
Cross-examined by MR. FRITH. Murray told me he accidentally met Edwards, who asked him to have a drink—I am in charge of this case—this was five months afterwards.
Re-examined. The prisoners were stamping together in conversation before they went into; the Horns.
WILLIAM WILLIAMSON (Police Sergeant L). I was with McCarthy, and have heard his evidence; it is correct—I took charge of Murray; he was carrying this stick—he threw it away behind him going to the station, and it struck a man ten yards behind, who brought it to me; each end of it screws off, and by pressing this part a pair of forceps comes out, which will lift from a quarter of a hundredweight to a sixpence—it might be used for stealing from behind a bar; it is used by thieves.
Cross-examined by MR. GEOGHEGAN. I was told so by a Continental thief going over by night; they sleep very close, and a gentleman may take off his coat or waistcoat, and you can lift it up and take the contents, and put it back again—I asked Murray where such a stick could be obtained? he said, "Yesterday I was in a public-house in London, and a man asked me to have a pipe; he left the stick with me, and never came back"—on searching him I found this small pocket spirit-lamp, which they light of a night when it is dark—Murray said, "I met this man to-day, and he asked me to go and have a drink; I have been in his company many times"—you might use this stick to take flowers off a tree, or to pick up your handkerchief—this part of the handle is constructed to pick up anything at a railway station.
Cross-examined by MR. FRITH. I have had eleven years' experience, and never saw such a stick before.
Cross-examined by MR. GEOGHEGAN. I am now suing him, it is in my solicitor's hands—I claim rent up to February half-quarter.
NOT GUILTY .
MR. H. AVORY Prosecuted, and MR. GEOGHIGAN Defended.
WILLIAM WILLIAMSON (Detective Sergeant L). Edwards and Murray were committed for trial on March 11th (see last case), and the Magistrate consented to take one surety each in £100 as bail—next day M'Carthy brought the prisoner to me in Redfern Road outside the solicitor's office, and introduced him to me as a man who would be bail for Edwards—I said to the prisoner, "Are you worth £100?"—he said, "Yes," and drew from his pocket some receipts for rent relating to some houses at Leyton—I said, "Are they your own?"—he said, "Yes"—I said, "Are they mortgaged?"—he said, "Yes; I have mortgaged them for £800, and Mr. East, of Basinghall Street, is the mortgagee"—I said I should have to inquire of Mr. East—he said, "Don't do that, don't go to him; you can take my word"—I said, "We must make the inquiry for the protection of the Magistrate"—he said, "Come and have a drink; I want to speak to you privately"—he and I and McCarthy went to the East Arms public-house, where he took from his pocket a £50 note and a £10 note, and said, "You let Edwards go, and I will make it worth your while; I don't care if he goes, I can pay the money; you tell the Magistrate I am worth the
money, and I won't forget you"—I said, "We. 'must make the inquiry," and left him—half-an-hour afterwards M'Carthy and I went to the Cricketers public-house, and the prisoner followed us in—I called for some claret—the prisoner said, "What will you have to drink?"—I said, "It is on order"—he called us on one side, and said, "You need not go to Basinghall Street; a bit of money will do you good; get Edwards out"—I said, "Are you standing the money for bail yourself?"—he said, "You are two wise men; it is no use my telling you lies; his wife is going to stand the money, and Edwards is going to run; here is a sovereign each for you, get yourselves a bottle of . fix, go and tell the Magistrate that you will take my bail, and I will give you a fiver when you get home, or this afternoon; I shall be nothing out of pocket, and I will see you are not; if she does not pay, I will"—he gave us a sovereign each, which I produce—about two o'clock I arrested the prisoner outside the Court—I told him I should take him in custody for bribing Sergeant McCarthy and myself by giving us a sovereign each to induce us to violate our official duties—he said, "I will go with you; I will not deny what I have done"—when charged, he said, "The officers have said nothing out of the way; I gave it to them to get a bottle of champagne."
Cross-examined. I have made inquiries; it is true that he has property mortgaged to Mr. East—I do not know that he is worth £200 or £300 a year, or that he has £2,000 worth of property mortgaged for £800—the public-house is nearly opposite the Police-court—we did not get the champagne there—he flourished the notes about in the public-house; there was nothing wrong about them—I do not know whether he is a man of means, but I know his character, if you wish me to give it—he is the brother of Richardson, who kept the boxing saloon, who is dead; I mean the Blue Boar, Houndsditch—he is a notorious card-sharper—he was convicted in 1880, and had three months' hard labour.
Re-examined. I have obtained this information since he has been in custody—when he offered himself as bail, I did not know what I know now—I have seen him with convicted card-sharpers.
Cross-examined. He had had something to drink:—he showed me a card of something he was exhibiting at the Agricultural Hall, to prevent burglars coming in at windows—some people of bad character have been waiting here a week to give him a character—it is true that he has mortgaged property at Stratford to Mr. East, his solicitor, who told me he had advanced £800 on it—I do not doubt that he is worth £200 or £300 a year—I had never seen him before.
Re-examined, I have now ascertained something about his character—supposing I ascertained that he was worth £200 or £300 a year and had been convicted of card-sharping, I should not have recommended him to the Magistrate as the bail; besides his pecuniary position, I should also report his-character to the Magistrate—if he had £10,000 in the bank and had been convicted, I would not have recommended him for bail.
WEATHERBY (Police Sergeant). I was at Southwark Police-court on June 1, 1880, when the prisoner and four ethers were sentenced to three months' hard labour as rogues and vagabonds, as suspected
persons loitering about Waterloo Station—some flash notes were found on him.
Cross-examined. It was for loitering, not for causing an obstruction by betting—I have a copy of the charge here; the original is at Scotland Yard.
GUILTY. — Fined £25.
MR. HUTTON Prosecuted.
GUILTY .— Twelve Months' Hard Labour.
MR. HUTTON Prosecuted, and MR. LYNN Defended.
NOT GUILTY .
343. JAMES HENRY NORMAN (54) PLEADED GUILTY to forging and uttering two orders for the payment of money; also to obtaining money by false pretences, and to a previous conviction in March, 1885.— Twelve Months' Hard Labour.
MR. MUIR Prosecuted.
CATHERINE CHAMP . I am the wife of Henry Champ; we live now at Albert Place, Newington Butts—about half-past twelve on the early morning of Sunday, 12th January, I was in Orange Street, Southwark Bridge Road—I had a basket on my arm, with ham, butter, and sugar, and a purse in my pocket, with 11s. 6d. in silver and 2s. 6d: in coppers—a man pushed against me—I stepped off the kerb and stepped back again—I had gone about two houses up; there was a low whistle, and instantly I was surrounded by the prisoner and several others, quite a dozen, I should think—the prisoner struck me in the face—I turned round—he said, "F—g well top up what you have got"—I thought he meant my money—I said, "I am not that way out"—I refused—the prisoner said, "I will soon show you"—he placed his left hand on my throat; I was thrown to the ground by the prisoner; my clothes, were thrown over my head by the prisoner, a hand was placed on my stomach, and I also received a kick in the side of my stomach and a kick on my hip—I could not see who kicked me, but from the position from which, the kick came I believe it was the prisoner—they could not get my money because of its being in a pocket in the band of my waist—my ulster was torn off me from the top, and my bodice torn open, and my chemise pulled out and torn open—they got the money after I had been rolled several times in' the mud on the ground, and then I heard the prisoner say, "Don't knock her about; I have got it S—I could not call out because something was pressed over my nose and mouth—they all ran off—I called out "Police!" and a woman, came and lifted me up and sat me on a window-ledge—I got hornets well as I was able, by myself—I was not a dozen yards from
my home—Jane Barnes lives in the same house as I do—she saw me, and the state I was in, when I got home—I spoke to her about it, and mentioned a name in connection with the rookery—I saw my husband about an hour after I got home—I sent my little boy for him—I gave him the name and a description of one man, and said I thought I knew some of the others—afterwards, on the Sunday morning, he went to the Police-station—Constable Moore came and saw me on Sunday night, and I gave him a description of the prisoner and two others—I only mentioned the prisoner's name and address to him—I had only seen the prisoner once before in Mary Miller's room—she lived in the next room to the prisoner and his mother—I did not know the prisoner's mother before this robbery—I am still suffering—I next saw the prisoner when I was fetched to the station on 27th January, and picked mm out from among six other men as one of the men who had assaulted me—when he took me by the throat with his left hand I saw he had a mark on the back of his hand, by the gaslight from a lamp facing us at the corner of the court, close by where this took place; it looked black—the mark was on the back of his hand and wrist—I mentioned that mark to the constable when I gave the description.
Cross-examined by the Prisoner. I live five houses from you—when the Inspector asked me how I knew you I did not say by the scar on your right arm—I did not hand your mother 2s. for you after the robbery—I did not invite you up to the Windmill public-house the night you were apprehended—I did not see you for a fortnight after the robbery coming in and out of the door with your barrow—I never invited you into Mrs. Miller's house when I was drinking there—I. was never in your house—I was in Mrs. Miller's room, before the robbery, when you came in, but not at my invitation, because I did not know you, and did not call you in—I walked out when you came in—I have not been in the Bed Lion with you after the robbery.
Re-examined. I did not know the prisoners mother before the robbery—she called several times at my house after the robbery—I did not see the prisoner after the robbery, till I saw him at the Police-station—it is not a fact that after the robbery I frequently drank with him, or that the night before his arrest I was drinking with him and his mother in Mary Miller's presence, or that on the Saturday night just before I was robbed I was drunk in Charlotte Street at a quarter to eleven; I was at the West End with my sister—I have not spoken to Mrs. Miller since before Christmas—it is not a fact that I told her on the Monday after the robbery that I had lost, first, £2, and then 30s.; or that I told Her the man who assaulted me wore tweed trousers and a grey cap—I have not lent the prisoner's mother money since the robbery.
JANE BARNES . I am the wife of George Henry Barnes—we live at Albert Place, Newington Butts, in the same house as Mrs. Champ—before the accident we lived at Loman Street—on 12th January, about half-past twelve, she kicked at the door, and I opened it, and she came in—she was in a shocking state, her dress was torn all up one side; her body and ulster open, and her chemise torn out, and her stockings over her boots—her clothes were dirty with mud—she complained to me—next morning I saw her face was all white, like a white blister, and one eye was black—she mentioned the name of a person to me in connection with this robbery, and gave me an account of what had happened.
Cross-examined. I have been working at the prosecutrix's for the last three months—I was not living at her place till she was robbed—then Mr. Champ asked me to move into his house for a little protection—Mrs. Champ did not know your mother before the robbery, that I know of—I did not hear Mrs. Champ tell your mother to be up at the Windmill public-house the night you were apprehended.
PATRICK MOORE (Detective M). On 13th January, Monday morning, I received information and a description of three men, and the name and address of the prisoner—I went to that address on the next morning, the 14th, and on the Sunday morning following, and on two other mornings—I could not find the prisoner—about twenty minutes to eight p.m. on 27th January I saw him in New Cut, Lambeth, opposite the Windmill—I was with Divall—I took the prisoner into custody, and told him he would be charged with two others in being concerned in robbing and knocking down a woman in Orange Street on the morning of the 12th—he said, "You have made a mistake"—I took him to the station, and placed him with six others, where the prosecutrix at once identified him as the principal man who assaulted her—she had described the mark on his hand—I examined his arm and hand and found two marks corresponding with my information—he said nothing in reply to the charge at the station—Mrs. Champ told the Inspector he had a mark on his left arm; she did not tell the Inspector in the prisoner's hearing that he had a scar on his right arm—I inspected both his arms.
Cross-examined. The woman picked you out before I inspected your arm; the woman did not tell me you would be at the Windmill the night I apprehended you—I had information from her that she had been given to understand you were living in the neighbourhood of the Windmill.
THOMAS DIVALL (Detective M). I was with Moore when the prisoner was arrested—I assisted to take him to the station—on the way there he said to me in a low tone, "You have got me innocent, but I know all about it; I don't the others, so help me God, I don't"—after Mrs. Champ had identified the prisoner from among others, she said, "I also know you by the blue mark on the back of your hand"—she did not say when she had seen the mark.
Cross-examined. She did not say you had a mark on your right arm when the Inspector asked how she knew you—I said at the Police-court she referred to your left arm, and said you had a blue mark on it.
WALTER ALFRED MARSH . I am a surgeon—I examined Mrs. Champ on 17th February—she was suffering considerable pain about the right hip joint posteriorly, a shortening of the right leg, which was slightly drawn inwards; she had no power to stand on that leg; any movement of the limb gave her considerable pain—she also had deep-seated pain in the right side of the abdomen—a fall or a kick might have caused the injury to the hip—I do not think a fall would cause the injury to the abdomen, a kick might—I examined her the day before yesterday—she has slightly recovered—I think it will be a considerable time before she recovers the use of the limb; she still suffers pain if she stands on it, or if the limb is moved—it is quite possible that the violence which caused the injuries was inflicted as far back as the 12th January.
The Prisoner, in his statement before the Magistrate, denied any knowledge of the robbery, and said that he had passed the prosecutrix for a fortnight after
the robbery, and the had mentioned nothing about it to him; that the had previously said the scar was on his right arm, and that the had drunk with him, and lent him money since the robbery.
GUILTY.— Eighteen Months' Hard Labour, and Twenty-five strokes with the Cat.
MR. PARTRIDGE Prosecuted.
WILLIAM LEONARD (Police Sergeant L). The prisoner came to the Carter Street Police-station on 17th February, and said, "I wish to give" myself up for bigamy"—I said, "Very well; you know what you are about"—he said, "Yes; I have had an awful fife of it lately; I wish to make a statement"—I said, "You can please yourself; what you say I shall put down in writing"—I did so, read it to him; he signed it and said it was true: "My first wife was living, and married to another man is a widow at the time. I married Mary Perushot. I told her I was a married man; I said there is a certificate of it at Somerset House. I got the certificate from Somerset House and gave it to her, and she burnt it. She said she did not want her friends to know anything about it. She has left me two or three times, and when she has known where I have been in lodgings she has come and annoyed me. I married Mary Perushot, she knowing my first wife was alive when I got married. My first wife is dead"—I made inquiries—I went to Somerset House and got this certificate of the marriage on 19th November, 1874, of John Whittaker to Rebecca Shipman—I also compared this certificate of the marriage on Hay 22nd, 1887, of John Whittaker to Mary Perushot with the register at Somerset House—I obtained this certificate of the death on 29th November, 1888, of Rebecca Freeman, the prisoner's first wife, who married another man—the prisoner left her with three children—I have ascertained that from inquiries.
ELIZABETH SHIPMAN . I am the wife of Benjamin Shipman, we live at 3, Turville Street, Bethnal Green—on 19th November, 1874,I saw the prisoner married to my sister-in-law at St. Thomas's Church, Bethnal Green—she died on 29th November, 1888—there were three children under four years old of the marriage—the prisoner and my sister-in-law lived together all that time; they lived very unhappily—the prisoner left her.
MARY PERUSHOT . I live at 20, Carter Street, Walworth—I went through the ceremony of marriage with the prisoner on 28th May, 1887, at St. John's Church, Waterloo Road; I received this certificate—I did not know the prisoner was a married man—I lived with him till his arrest—I knew him about three months before the marriage; he courted me; he represented himself as a bachelor—he said he was unmarried; we did not live together before we were married—I did not know he had a wife alive; he did not produce a certificate of his first marriage till two or two three days after our marriage—I burnt it; he ill-treated and beat me when I was in the family way.
By the Prisoner. I was not about with other men.
The Prisoner, in a written defence, said he left hit first wife and went into the country; that he afterwards heard of her second marriage, and he married himself in April, 1885; that he was charged with bigamy for that marriage and G 2
sentenced to twelve months; that he believed his first marriage was legally dissolved, as his first wife had married, and he had not seen her for so long, and then he married a third time in 1887.
ELIZABETH SHIPMAN (Re-examined). The prisoner deserted my sister in-law—he left her in her confinement without drink or food—he never helped to maintain the children—the man that married her keeps her—you did not keep the mother or brothers; you did not work.
He then PLEADED GUILTY to a conviction of felony in October, 1885, at this Court. Five Years' Penal Servitude.
346. WILLIAM FELL (15), PERCY SHED (14), and ERNEST LAKE (13) PLEADED GUILTY to breaking and entering Holy Trinity Church, Wandsworth, and stealing a chisel and other articles; also to breaking and entering the Wesleyan Chapel, Putney, and stealing six shillings and other moneys.
SHED and LAKE— Six Months' Hard Labour each.
Before Mr. Common Serjeant.
MR. WILKINSON Prosecuted, and MR. R. GILL Defended.
ELIZABETH BATTEN . I am assistant to James William Pocock, stationer and tobacconist, of 110, Blackfriars Road—on March 10th, about 6.30 p.m., just between the lights, a man came in for a twopenny cigar, and gave me a half-crown—I gave him two shillings and fourpence change, and put it into the till, where there was Do other half-crown—about, an hour and a half or two hours afterwards Mrs. Pocock took out the silver, and tested this coin; it bent—I had not put any other half-crown in—I then broke it with my teeth, and put the pieces in the till, where they remained till the 13th, when I handed them to Cox—on the 13th the prisoner came in, about the same time, for a twopenny cigar, and gave me a half-crown from a handful of silver, which he took from his trousers pocket—I recognised him as the same man, and took the coin to Mrs. Pocock, and went back and told him I had sent upstairs for change—he said, "Oh, don't trouble; here is twopence"—I said, "I have sent now, if you don't mind waiting a minute"—he did a step dance towards the door, and just then a policeman came, and he was given in custody.
Cross-examined. I attend to the till all day—Mrs. Pocock did not do so on the 10th—the window is full of articles, and there is not much light; the only light came in through the door—I have no recollection how he was dressed on the 10th—he used the same words on both occasions, and threw the money down in the same manner—I recognised the man—we do a fair business—other customers came in afterwards—the coin rang like a good one when he threw it down—I intended to look out for the man if he came again—I had not lit the gas, and it was nearly dark—he was in the shop five minutes on the 10th, he stopped to light the cigar—he was not dressed differently on the second occasion—Mrs. Pocock sent her eldest daughter for a constable—the prisoner could have gone if he liked, as I was behind the counter.
Re-examined. He was waiting for his change—I served another customer while he was there—I have no doubt he is the man who was there on the 10th.
MARTHA ELIZABETH POCOCK . My husband is a stationer, of 110, Blackfriars Road—on 10th March, about 9.30 p.m., I took the money out of the till and found one half-crown only; I tried it between my teeth, it felt gritty, and it bent—I gave it to Miss Batten, who put it back in the till by itself—these are the pieces of it—on 13th March, about 6.30 p.m., Miss Batten brought me this half-crown into the shop parlour—I bent it with my teeth, and sent for a constable, and saw him stop the prisoner, who was dancing towards the door—I gave the coin to the constable.
Cross-examined. "We have two shops, and my husband was at the other shop—the second half-crown was very smooth on the head side, and the first was like it—March 10th was a fine day—it was dusk, but not dark.
THOMAS MOORE (Policeman M 426). On March 13, at 6.10 or 6.13, I was called to this shop and saw the prisoner dancing towards the door inside—there was another man in the shop—Mrs. Pocock gave the prisoner in charge for uttering a counterfeit half crown just before—he made no answer—I searched him in the shop, And found a florin, five shillings, a threepenny piece, six sixpences, and 8 1/2 d. in bronze, all good—he said, "I did not know the half-crown was bad"—I took him to the station—Miss Batten said that he came in on the 10th and changed a half-crown—he made no reply—he was charged with both coins, and said, "I don't want to change bad money, I have plenty of good."
Cross-examined. I told the Magistrate of that conversation—I did not make a note of it—it was nearly dark in the shop—the prisoner did not make the slightest attempt to bolt out of the shop—I was in uniform.
DAVID Cox (Police Inspector L). On 13th March I went with Miss Batten to 110, Blackfriars Road; she handed me these pieces of coin—I was at the station when the prisoner was brought in; he gave his address, 10, North Street, North Road, Lambeth—I went there, arid Miss Rouse showed me a back room, ground floor, where I found in a cupboard these two pieces of solder, a bar of white metal weighing 7 lb., and 10s. 6d. in good money, wrapped in paper—the prisoner said he had no occasion to change bad money, as he had plenty of good.
Cross-examined. He gave his correct address—the solder is such as is used by plumbers—he is a plumber's assistant.
FANNY ROUSE . I live with my mother, at 10, North Street, Lambeth—the prisoner occupied our back parlour from September till 13th March—I saw Cox find these pieces of metal; they have been there since October.
Cross-examined. This metal has been in his room four months in exactly the same state—on the 10th March the prisoner did not leave the house till 12.30—he came home about 11.30 p.m.—when he went out he was dressed in striped trousers, a grey pepper-and-salt vest, a black coat, a navy blue tie with white spots, and heavy working boots—those were his working clothes—those are the clothes he is dressed in now—I saw them in his bedroom on March 10th, and he could not have come in and changed them without my knowing it.
Re-examined. He only had one room—I was present when Cox searched—his working clothes were found, striped trousers, grey vest, hat, and tools—I remember March 10th, because a lady friend of ours, came and put on the suit, trousers and all, for a bit of fun; she did not go out in them—this was in the morning while he was at home; he saw her with them on—I am positive it was the 10th, because it was our washing-day—it was Monday.
WILLIAM JOHN WEBSTER . I am Inspector of Coin to H. M, Mint—here are two half-crowns; one is broken; both are counterfeit and from different moulds—a bad coin will ring, not like a silver one, but it will give some sound or flat sound; it will not rise—this is ordinary plumbers' solder, and a bar of white metal; they could be used for making counterfeit coin; pewter-pots are made of this kind of metal—it is similar to the metal used by coiners.
Cross-examined. The metal is perfectly useless without a battery and moulds. The prisoner received a good character.
NOT GUILTY .
MR. WILMOT Prosecuted.
EDITH SINCLAIR . I am barmaid at the Canterbury Music Hall—on February 25th Sullivan called for two glasses of ale and a sandwich, about 8.30, a woman was standing by him—he tendered a shilling—I showed it to the barman, who said it was bad—I gave it back to Sullivan, who paid me with coppers—about 10.30 the same man, to the best of my belief, called for a glass of beer—I was busy, but I served him several times during the evening—the same woman was then about two yards from him—Smith is the woman; I swear to her, but not to him—at 10.30 the man paid with a bad shilling—I gave it to the barman, who was with me, and said to Sullivan, "This shilling is bad"—he said, "Oh, don't say that," or, "I don't think it is bad"—he was taken to the manager's office.
Cross-examined by Sullivan. I do not remember that you were intoxicated—about twenty minutes elapsed between your apprehension and Smith's—she was standing behind the crowd—several other women were there.
GEORGE ORFORD . I am an assistant at the Canterbury Music Hall—I was serving in the same bar as the last witness, between 8 and 8.30—I do not recollect the date—she showed me a shilling; I told her it was bad—the two prisoners were standing there—about 10.30 Miss Sinclair showed me another shilling; I took it from her, told her it was bad, and asked her to point out the man; she pointed out the prisoner Sullivan—Smith was not with him then—I told him it was a bad shilling—he said, "Don't say that"—I asked if he had any more about him—he said, "You may search me"—the two prisoners were taken into the lounge and searched—I left Sullivan there—I was called into the manager's office—Sullivan said, "If I have done you any harm you can have all the money I have about me"—he saw me give the shilling to the constable, and tried to snatch it out of my hand in the bar.
Cross-examined by Sullivan. You were not drunk—Smith was drinking
with you early in the evening, but you were by yourself when you tendered the shilling.
JOHN ARTHUR TRESSIDER . I am manager of the Canterbury Music Hall—I saw the prisoners in the saloon, and asked the constable to take them into my office—on the way there Sullivan offered me a half-sovereign to let him go—I was told that he had tried to pass two counterfeit coins, and said, "Is this the shilling you tried to pass before?"—he said, "No"—I said, "Then you admit having two?"—he did not answer—he took about 34s. out of his pocket in my office, and offered me a half-sovereign to let him go—Smith was not in the saloon.
GEORGE CARROLL (Policeman L 205). On 25th February I was on duty at the Canterbury Hall, at 10.30, in uniform, and was told to take Sullivan for uttering a bad shilling, which the barman handed to me—he said, "Oh, don't say so," and tried to take the shilling from his hand—I went with them to the manager's office, where Sullivan produced a half-sovereign from his pocket, and offered it to Mr. Tressider to let him go—I had seen the two prisoners come into the balcony at eight o'clock, and saw them at the bar more than once—I took Sullivan to the station; he made two attempts to bolt—I lodged him securely, and returned to the balcony and took Smith—I said, "I shall take you for being concerned with a man in passing a counterfeit shilling at the bar"—she said, "Oh, you make a mistake, I am innocent"—she appeared very fidgety, and wanted to get into the crowd again—I met Sergeant Ward, who assisted me—she said, "I have been drinking along with a man"—she gave her address, 18, Friar Street, Blackfriars Road, but was not known there—Sullivan was not drunk—I found on him a half-sovereign, five florins, and some bronze.
Cross-examined. I saw you and Smith in the shooting gallery.
EMILY BARBER . I am female searcher at Kennington Road Police-station—on the night of February 24th I searched Smith; she handed me a sixpence and 5 1/4 d., and said that was all she had, but I found in her pocket ten counterfeit florins wrapped in paper separately, and two counterfeit florins and one shilling—she said, "What have you got there?"—I said, "I don't know"—she said, "You have got them there"—she gave no account of how she got them; she only said, "This is going to the music-hall."
WILLIAM JOHN WEBSTER . These two shillings are counterfeit, and from different moulds; these two florins are counterfeit, and from the same mould; here are ten wrapped in tissue paper, that is what they term a half load.
Sullivan's Defence; I was very drunk. I went to the music-hall and met Smith, who said she was engaged, and the young man had gone out to buy something; she had a glass of ale with me. I did not know the shilling was bad. She was with a man who gave her the parcel.
Smith's Defence. A man asked me to have a drink with him, and took me to the Canterbury. He gave me something, I do not know what it was, but I put it in my pocket for safety; I had a drink with this man.
GUILTY . SULLIVAN— Eighteen Months' Hard Labour.
SMITH— Fifteen Months' Hard Labour.
MR. A. GILL Prosecuted, and MESSES. ELLIOTT and ROUTH Defended.
LOUIS BRANSON . I am a retired merchant, living at Ardwell, College Road, Upper Norwood—on the night of 4th March, to the best of my knowledge, my house was properly fastened up; I could not swear to the dining-room window—I went to bed about eleven o'clock—I was called up the following morning about half-past seven, and on coming down I found the dining-room disturbed, the plated goods scattered about, and I missed a great many articles, mostly solid silver, of the total value of between £120 and £150, I should say—a ladder was leaning against the window, which the day before had been in the furnace-hole in an outhouse—in the dining-room a lot of wax matches were lying about, and the drawing-room window was open—a stamp-box was missing from that room, the door of which was bolted and locked the night before—I always lock the doors, but I cannot speak to the windows—it is the duty of the servants to fasten them.
HENRY LOCK . I am servant to Mr. Branson—I live at 191, Livingstone Road Thornton Heath—on Tuesday evening, 4th March, I left at 7.20—I returned about seven next morning; I saw the silver strewn about the dining room floor, and a ladder against the window, which was two feet open—that ladder was kept near the stokehole in an outhouse; it was there the night before—I found near the stokehole this envelope (produced) and some loaf sugar—I called the cook—the dining and drawing room doors were bolted—at 7.30 the night before nothing was at the place I found this envelope at in the morning.
Cross-examined. I am a handy man, and do anything—I do not go round the house at night, only into the stokehole—the envelope is a very dirty piece of blue paper—no paper would be where this was found; it would be inside the dust-bin—I will swear it was not there the night before, because I went into the stokehole at 7.30; it was dark then—I took a lamp—I shut the door and latched it—the stokehole is a small place.
Re-examined. The envelope was about fifteen yards from the dining-room window, outside which the ladder was—the place where the ladder was kept was not half a yard, right opposite, from where I found the envelope—the ground is a grass lawn there—the envelope was in the passage by the stokehole—the door leading from the street was locked, bat the door from the back garden was only latched—I did not see the windows.
HERBERT WELSH . I am clerk to Messrs. Biggs and Co., auctioneers, of 5, Wilton Road, Pimlico—this envelope is in my writing, I addressed it in answer to this letter. (This letter, dated February 19th, 1890, and signed Thomas Dearman, 38, Lamb's Conduit Street, Theobald's Road, Holborn, requested particulars of a public-house at Cambridge which the writer had heard from Mr. Nash was for sale)—I do not know the prisoner—I had no further communication with the person.
Cross-examined. I posted my reply on 20th February, and it would be delivered on the 21st.
Nash to 38, Lamb's Conduit Street—about 3 p.m. on the 8th I saw the prisoner enter that house, and shortly afterwards leave; he went into Theobald's Road—we followed him about 100 yards, and then stopped him—I said, "I am a police officer; I am going to take you into custody for committing a burglary at Norwood on the night of 4th or morning of 5th March, and stealing property valued at about £200"—he said, "Yes, it is all right; who sent you here? when did you say it was? I know nothing about Norwood"—I interposed nothing between those sentences; he made pauses—he said, "Have they lost any money? only sometimes when money is found on you, they lose some"—I said nothing—I took him to Hunter Street Station, and then returned to 38, Lamb's Conduit Street, where I found these tools, two long chisels, which could be used as jemmies; three other chisels; a small knife, generally used for forcing back window catches; a small saw, which, could be used in conjunction with a centrebit, to cut out door panels; skeleton key; a piece of indiarubber, to be used for deadening the sound of forcing a door or breaking a window; an ivory-backed hairbrush; a combination knife, with saw, gimlet, screwdriver, and two other blades; two pairs of operaglasses; silver-plated egg cups; two nickel-plated spoons—I took those things to the station—the prisoner said, "What have you got there?"—I said, "It is only some things that have been round in the cupboard in your kitchen"—he said, "I will bet you a sovereign that they are none of the things that were in the cupboard at Norwood"—I had not mentioned a cupboard at Norwood—I said, "I had not said anything about Norwood or the place"—shortly after his wife came to the station, and he asked to be allowed to see her—he went into the charge-room and she said, "You were not at home on Tuesday night; you were away all night long, and we had a row about it. I thought there was something wrong"—this was on the 8th, Saturday afternoon, the preceding Tuesday would be the 4th—he said, "You b—fool, hold your b—noise"—he rushed towards her with a view, either of assaulting or pushing her away, but we held him back, and she was removed from the station—on the way to Norwood in the train he said, "I suppose you will bring the gentleman that has lost the silver, when we get to Norwood"—I had not mentioned silver as having been stolen—when he was put in the dock at Norwood station I showed him this envelope, and said, "This is an envelope that was found in the stokehole of the conservatory at Norwood; do you know anything about it!"—he said, "No, 1 never see it, I know nothing about it"—the Inspector called him round and said, "What is your name?"—he said, "The same name as is on that envelope"—when the charge was read to him he said, "All right"—on searching him I found a long knife with a spring back and a blade 4 in long, a watch and chain, nearly £33 in money, and a gold spade guinea—he was asked if he could account for the possession or so much money, and he said it was what he had saved—he subsequently made a statement to Fox, which I did not hear—he said, "I should like to know what is going to be done with my money"—I said, "The best thing you can do is to write the various amounts on two pieces of paper, and give one to me to keep, and keep one yourself"—he did so—this is one of the pieces; I saw him write it—I put it in for comparison with the letter addressed to Biggs and Co.—there are eight dots on the back of this ivory-backed hairbrush, found on
his premises; apparently there has been a monogram on the back, which has been erased.
Cross-examined. I found the long chisel and this other chisel behind a coal-box in the corner—the other things, "with the exception of the trowel, I found in an unlocked box in a cupboard—the prisoner's wife did not seem greatly annoyed or upset about her husband being out all night—she seemed more upset when we were going away in a cab with him.
WILLIAM NASH (Sergeant E). I assisted Reed to examine the rooms at Lamb's Conduit Street—I found a knife and a rifle level—when we were going to Norwood, Reed left the prisoner and me on the Holborn Viaduct platform to get the tickets, and the prisoner said, "You belong up here?"—I said, "Yes, Hunter Street"—he said, "Does he?"—I said,. "No, Norwood"—he said, "Who sent him up here?"—I replied, "I don't know"—he said, "Someone did; he could not find all this out himself"—Reed then came back with the tickets, and the conversation dropped—he was kept in the reserve room at Hunter Street.—Fox (Acting Police Inspector P). On 10th March the prisoner several times asked me to give to him a portion of the money that had been found on him—I said I could not—he persisted in having answers as to why I would not give it up, and I said because it would be reasonably supposed to be the proceeds of the sales of property which he was charged with stealing—he said, "It would fetch more than that at 4s. 6d. an ounce"—I said, "I don't know the weight of it"—afterwards he said, £12 of it belonged to his wife—I sent an officer to make inquiry; the officer came back and communicated with me, and when the prisoner again wanted to know about it I told him his wife said none of the money belonged to her.
CROMPTON JOHN NUNN . I live at Eastnor, Sydenham Hill—on the night of 7th November I went to bed about twelve—to the best of my belief the house was fastened up; I am not sure all the windows were fastened—in the morning about seven, one of my servants came and told me something, and I found on going downstairs that the cupboards in the housekeeper's room had been broken open, and various plated things left, but various silver things had been stolen, among them a brush—this brush is exactly like it—it was one of a pair belonging to my wife; this is the fellow one that was left behind—both these bear the maker's name, "Truefitt, Bond Street," and also a number, indistinct, at the top, but very similar; it is the same number in each case, as far as can be traced—on the brush left with us is the monogram "H. M.," and there was the same monogram on the other when it was taken—there are a number of black dots on this, I would not swear they correspond with the angles of the monogram.
LOUIS BRANSON (Re-examined). My silver was kept principally on the sideboard in the dining-room; possibly some was inside, I could not say exactly, but it was all in the dining room—the sideboard had been locked, the middle part was broken open.
Witnesses for the Defence.
WILLIAM BURROUGHS . I live at 1, Oxford Street, Cambridge Road, Mile End Road, and am a builder on my own account—I have served my country for thirteen years without a blemish, and I have a pension—I have known the prisoner for between eighteen months and two years—he has worked for me occasionally—on 4th March, when I came homo between eight and nine from my day's work, the prisoner was there—
whether he came in as I came in, or was indoors before, I cannot say, but my children shouted, "Here is Tom the bricklayer!"—he was drunk—I said, "You must not let him go home to-night, he has had too much," and I took him out and gave him another glass to keep him there all night—he laid on the sofa then about nine, quite drunk, he could not walk home—I was in bed by ten—I fix the date because one of my children's birthdays was two days afterwards, on the 6th March, and he said, "When I come again I will bring Ruth a present"—this saw belongs to me, I left it at Crouch End when I was flooring and match-boarding; and this little chisel belongs to me—these are all bricklayers' and jobbing tools; the prisoner is a bricklayer and jobbing man, the same as myself.
Cross-examined. I know the prisoner's wife; I have done up their house—I saw her a few days after 4th March—there was no reason why he should conceal from her that he was at my house—I saw about this in the paper the Sunday afterwards, the 8th or 9th, and I was surprised and determined to give evidence—he never sent for me to give evidence before the Magistrate; if he had I should have been willing to give evidence—I saw him once since he has been in prison—I think it was on Saturday morning; he has spent two or three nights at my house during the eighteen months or two years I have known hint—the last time he spent a night there was about Lord Mayor's Show Day—I had had a drop too on this night; I was not so bad as he was; he could not walk—I went to sleep as soon as I got into bed at ten—I woke up between seven and eight next morning, I should think; he was on the couch when I came down—the only reason I remember the date is by my daughter's birthday.
MARGARET BURROUGHS . I live with my husband, the last witness—on 4th March the prisoner came in hopelessly drunk between eight and nine—I had not had anything to drink—he lay down on the couch, and I covered him with a blanket—I went to bed a little after ten; the prisoner was then asleep on the couch.
Cross-examined, This was a Tuesday—I have only seen the prisoner's wife during the last fortnight; I knew the prisoner by working for my husband—I did not know his wife before this—I fix the date because my daughter's birthday was on the 6th March—I was not asked by anyone to give evidence—I saw the case in the paper about a fortnight ago last Sunday, on the remand, not on the first hearing, I think—I was not sent for before that.
Re-examined. Mile End is about nine miles from Norwood.
JAMES CLARK . I lodge with the last witness at 1, Oxford Street, Cambridge Road, Mile End—on 4th March I came in just before twelve o'clock, and saw the prisoner lying on the sofa asleep, covered with a blanket—I don't know if he was drunk—I went to bed directly—he was snoring, and I pulled the blanket to see who he was.
Cross-examined. I have not spoken half a dozen words to the prisoner, and have not seen him more than four or five times—I have known the Burroughs eight or nine years—I have not been to see the prisoner in prison—Burroughs spoke to me about giving evidence here—I heard about it on Sunday, or later; I could not say the day—I said, " it was only Tuesday night he was here"—it might have been the Tuesday morning afterwards that I said that; I should not like to say it was the same week I said it
—I should not like to say I knew this charge had been made before the date of the remand—I did not go to the police-station and offer to give evidence.
Re-examined. I heard it on the Sunday or Monday, and it was the Tuesday before that the man had been drunk in our house—I let myself into the house with a key.
GUILTY of Larceny.
He then PLEADED GUILTY** to a conviction of felony at this Court in May, 1882. Seven Years' Penal Servitude.
Six Months' Hard Labour.
ADJOURNED TO MONDAY, APRIL 21ST, 1890.
The following Prisoners, upon whom the sentence of the Court was respited at the time of Trial, have since been sentenced as under:—
Vol. cxi. Page Sentence.