CENTRAL CRIMINAL COURT
SEVENTH SESSION, HELD APRIL 21ST, 1890.
MINUTES OF EVIDENCE.
TAKEN IN SHORT-HAND, BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
EDWARD T. E. BESLEY, ESQ.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
SESSIONS VII. TO XII.
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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, April 21st, 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 ROBERT NICHOLAS FOWLER , Bart., M. P., Alderman of the said City; Sir THOMAS CHAMBERS , Knt., Q. C., Recorder of the said City; EDWARD JAMES GRAY , Esq., STUART KNILL , Esq., GEORGE ROBERT TYLER , Esq., JOSEPH RENALS, Esq., WALTER HENRY WILKIN , Esq., GEORGE FAUDEL PHILLIPS , Esq, DAVID DAVIES , 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. SEVENTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, April 21st, 1890.
Before Mr. Recorder.
352. BRYAN THOMAS ELSMORE (48) [Pleaded guilty: see original trial image] , Unlawfully and maliciously sending by post certain postal packets and post-cards, having on them words and marks of an indecent, obscene, and grossly offensive character— Discharged on Recognisances.
353. ERNEST BRIDGER (30) [Pleaded guilty: see original trial image] , To stealing a post letter containing postal orders, the property of the Postmaster-General, he being employed under the Post Office.— Eighteen Months' Hard Labour.
354. HENRY UNWIN (22) [Pleaded guilty: see original trial image] , To two indictments for stealing post letters containing postal orders, the property of the Postmaster-General, he being employed under the Post Office— Eighteen Months' Hard Labour.
355. DAVID MACMLLLAN (50) [Pleaded guilty: see original trial image] , To stealing an overcoat, the property of Donald Macmillan, and also to stealing an umbrella, the property of Thomas Henry Devereux Berridge; also* to a conviction of felony in July, 1888, in the name of Patrick Coffey — Three Months' Hard Labour. And
356. HENRY PARKER (26) and EDWARD GAMBIE (26) [Pleaded guilty: see original trial image] , To obtaining by false pretences from Charles Palmer, a servant of the London and North Western Railway Company, with intent to defraud; also to two indictments for forging and uttering orders for sacks and bags; and also to an indictment for stealing sacks; there was another indictment for forging a delivery order for sacks, to which they
PLEADED NOT GUILTY— PARKER— Six Months' Hard Labour.
GAMBIE— Twelve Months' Hard Labour
MR. TICKELL Prosecuted.
up to February, and Charles till about the middle of last year—about half-past nine a.m. on 3rd April, in consequence of what was told me by Bonner, a lad in my employment, I went to Rotherhithe, and to Mr. Hawkes' yard in Old Road—I there saw a barrow, with hoops and cover, belonging to me; the name was scratched out—I had seen the barrow the day before; the name was on it then—I saw the two prisoners at the yard, I gave Alfred into custody—I seized Charles; he struggled—his brother came to his assistance, and he ran away—he was afterwards taken into custody—the prisoners had no right to take the barrow from my place.
Cross-examined by Alfred, Fuller. The barrow was not all in pieces; it was all right.
Re-examined. Its value was about £5.
HENRY BONNER . I am in the employment of Mr. Fulmer, and go out with goods in this truck—on night of 2nd April, about nine, I saw this truck in the stable in which it is kept—I shut the door; soon after I saw both the prisoners against the King William Street statue, London Bridge; Charles was pulling the truck, and Alfred running by the side of it; they were going towards Surrey—when they got to the foot of the bridge by the water fountain they changed, the one pulling it got out of the handles, and the other one pulled it; they went out of my sight—I did not interrupt them—at eight o'clock next morning I told my employer what I had seen.
THOMAS WILLIAM JAMES (Policeman W 372). On April 3rd, about quarter to eleven a.m., I was called to Mr. Hawkes' yard, Rotherhithe, where I saw Mr. Fulmer and Alfred Fuller, who was given into my custody, charged with stealing a barrow—he said, "I bought it of a man in Cannon Street the night previous, for ten shillings"—I believe he said about ten o'clock—next day I arrested Charles, who came to the station to ask about his brother—I told him we should take him into custody for being concerned in stealing a costermonger's barrow in the City—he said, "What my brother does I have nothing to do with."
Alfred Fuller, in his defence, said he bought the barrow of a man.
Charles Fuller also PLEADED GUILTY to forging and uttering an endorsement on a cheque for £10.
Nine Months' Hard Labour each.
MR. ST. AUBYN Prosecuted.
NOT GUILTY .
MR. FILLAN Prosecuted.
EDWARD HENRY BOSTOCK . I travel about and have no fixed residence—on 10th March I wrote to Mr. Hamlyn, enclosing two Post Office orders—these are they to the best of my belief; they are for the same amounts—there was no signature J. D. Hamlyn on them when I sent them—I posted the letter myself.
—the prisoner was an animal keeper in my employ, and an attendant in my shop—when letters come in the morning the prisoner sometimes brings them to me, and sometimes I take them from the letter-box myself—on 10th, 11th, and 12th I was absent from homer and at the Aquarium with my wife and partner—I expected a letter from Mr. Bostock on the 11th, but I did not receive it—I first saw these two Post Office, orders at the General Money Order Office, Coldbath Fields, on 18th or 19th—this is not my writing on them; it is the prisoner's—I know his writing well as regards my signature, because I have seen him write my name on delivery receipts for receiving parcels and such like for the shop—I never gave him authority to sign my name to Post Office orders—these are two receipts the prisoner gave me in his own name.
Cross-examined by the Prisoner. You have had cheques to cash for me, and have always brought the money to me.
GRACE DRAY . I am a clerk at the Post Office, High Street, White chapel—I was present when these Post Office orders were paid in there—they bear a stamp proving they were received to be cashed—I received these advice notes on the 11th, and cashed the orders on 12th March—the advice notes were made out to Hamlyn; the orders were endorsed. Hamlyn.
The Prisoner, in his defence, said he had not handled any Utter of that kind, or any Post Office orders.
GUILTY — Twelve Months' Hard Labour.
NEW COURT.—Monday, April 21st, 1890.
Before Mr. Common Serjeant.
MR. WILKINSON Prosecuted.
LEWIS SIMMONS . I am a salesman in Spitalfields Market—on 5th April I sold the prisoner two dozen bundles of wallflowers at 2s. a dozen; he gave me two florins; "I broke one with my teeth; he gave me another for it; I broke that also, and then the third—I said, "Do you know these are all bad?"—he said, "I got them in change for a sovereign across the road"—these are the three coins (produced).
ARTHUR ROBINSON (Policeman H 55). Mr. Simmons gave die prisoner into my custody at 3.15 p.m.—he said he got change at 6 a.m. for a sovereign at the Weavers' Arms, Hanbury Street, Spitalfields—I we it there with him, and they said that they knew nothing of him; he said, "It must be the next public-house then"—we went to the Black Swan in the same street, and the prisoner said. "Did not I come in here and get change for a sovereign this morning?"—the landlord said no; he had not changed one that day—the prisoner then said, "I want to go to. Brick Lane, to the next house," that was 100 yards further off; out I would not let him go any further—he did not name it—I searched him at the station, and found 1s., two sixpences, and 7 1/2 d. in bronze, good money—the charge was read over to him, and he said he got the change at the Weavers' Arms—he gave his address, 48, Coleman Street, Bermondsey; there is no such street there.
The Prisoner's statement before the Magistrate: "It was the change out of a sovereign."
The Prisoner, in his defence, stated that he wanted to pay 2s. which he had borrowed, and changed a sovereign at six o'clock that morning in a public-house, of a man standing in the bar, and that he took the officer to several public-houses to find the man, but could not do so.
GUILTY *— Twelve Months' Hard Labour.
MR. WILMOT Prosecuted.
RICHARD JOINER . I keep the Norman Arms, Lillie Road, Fulham—on April 22nd, about three p.m., I counted the large silver, and put it on top of the till for change, and about a quarter of an hour afterwards I found a bad half-crown there, and put it on one side; the prisoner was then in the bar; he had been drinking there—he called for a pot of ale, and I saw Joiner serve him—he tendered a bad half-crown, and I said, "How many have you got like this? where did you get it from?"—he said, "From my employer"—I said, "Take it back to him, and get a good one for it"—I gave it to him, he gave it to one of his mates, who broke it in two—he brought me the pieces, and asked if I was going to make it good—I said, "Certainly not, take it back to your employer"—I went to the end of the bar, and he threw the two pieces at my son, who picked them up, and compared the two half-crowns together, and said, "Father, these are both made in one mould"—the prisoner told the Inspector that he gave me the first half-crown; he did not say that he received it from a plasterer's labourer.
ERNEST HENRY JOINER . I am the son of the last witness—I was in the bar about 1.15, when the prisoner called for a pot of ale and threw down a half sovereign; I gave him two half-crowns, two florins, a sixpence, and twopence—I only served him once—my brother serves there, he was there that afternoon; he is not here.
By the JURY. I did not take up the pieces, it was my brother.
HENRY HAM (Policeman 465). I received information, and saw the prisoner next day in the Half Way public-house—I told him I should take him for uttering a counterfeit half-crown at the Norman publichouse—he said, "I will tell you where I got them from; if he had not broken them, I could have got them changed"—I found nothing on him—he made this statement at the station, the Inspector took it down. Read:"I went into the Norman Arms, and stood three or four pots of beer; Joiner took a half-sovereign from me; there was an argument as to who Should re-fill the pot; a plasterer's labourer gave me a half-crown, and I Called for drink, and received the change for it, which I gave to the plasterer's labourer, who said, 'Don't say anything.' After that we had a fight, because he had given me the bad half-crown to pass. Afterwards the same man gave me another half-crown, and told me to call for another pot; I give it to Mr. Joiner.—James Connell."
The Prisoner, in his defence, stated that he received the coin from a plasterer's labourer.
NOT GUILTY .
OLD COURT.—Tuesday, April 22nd, 1890.
Before Mr. Recorder.
363. WALTER TAYLOR (20) [Pleaded guilty: see original trial image] , To stealing a purse containing £12, of Helene Pfotzer, from her person, and to a previous conviction**— Five Yean' Penal Servitude.
365. AUGUSTUS McDONALD (35) [Pleaded guilty: see original trial image] , To stealing two coats, the goods of Edwin Ward, and to a conviction of felony at the Mansion House in June, 1889, in the name of Augustus Foster — Twelve Months' Hard Labour.
367. ROBERT DAVIS (19) [Pleaded guilty: see original trial image] , To stealing £4 from the person of William Griffiths, and to a conviction of felony in March, 1888— Twenty-one Months' Hard Labour. And
368. MARY BANHAM (23) [Pleaded guilty: see original trial image] , To unlawfully endeavouring to conceal the birth of her child by a secret disposition of the dead body thereof.— Three Days' Imprisonment.
NOT GUILTY .
MR. BESLEY Prosecuted.
JANE QUIN . I am a domestic servant—I am not now in a situation—I am living at 52, Victoria Grove, Holloway—the defendant has been living with my father for eight years, he is not living with his wife, my mother, who is now in an infirmary; she has five children living; one, my brother, is younger than me; he is living at home with my father, at Stoke Newington—in the beginning of November I went into the service of Mrs. Gearts, at 5, Clarence Terrace, Church Street, and remained with her up to the end of February this year; she gave me notice to leave, she said she could not keep me longer, as business was very slack—on 24th February I entered the service of Mrs. Rouse, a laundress, of 107, Church Street, Stoke. Newington—on the 26th I took in a letter addressed, to Mrs. Rouse, with the postmark of Stoke Newington on it—I noticed the writing on the envelope, it was the prisoner's—I gave it to Mrs. Rouse—she told me I was to have my dinner and go out of her place at once; she discharged me at once—this is the letter; it is the prisoner's writing—when I left my situation I went to my sister's house and told her about it—this writing is the prisoner's—after this I communicated with the Society for the Protection of Women and Children, and later on went to Dalston Police-court—there I saw the prisoner called into the witnessbox; she was asked some questions, and the Magistrate dictated something to her for her to write down—this is what she wrote, "For God's sake
keep your eye on that girl you have got, as there is not a bigger lier or thief in London, her own farther won't have her"—that was what the Magistrate read out to her.
Cross-examined by the Prisoner. You told me if I did not get out of your place you would put my box out and do me an injury; one night when I was late at Mrs. Gearts' you locked the door on me, I used to come home and sleep; I had been kept out of my father's house a few months.
ELLEN GEARTS . I live at 5, Clarence Terrace, Church Street, Stoke Newington; my husband is a grocer and tea dealer—in November last I took Jane Quin as a domestic servant—she remained till the latter end of February; during the first month she went home to sleep, then she slept in my house—I received a letter signed Mrs. Quin—I burnt it and the envelope also; it came by post, it was in the same handwriting as this paper—the letter contained imputations on the girl—I took no notice of it; she did not leave me till three months afterwards—the prisoner called on me after I received the letter—she said the girl's father had sent her to me not to allow her to go out at night; and she said, "Did you receive a letter?"—I said, "Yes"—she said she wrote that to tell me what a wicked girl she was, and how good she had been to her—I heard all she had to say, and then showed her out.
Cross-examined, I did not tell you that I was afraid of the girl—you came with the intention of making me discharge the girl.
MARY ROUSE . lam the wife of Thomas Rouse, a shirt and collar dresser, at 107, Church Street, Stoke Newington—on the last Monday in February I took Jane Quin into my employment—she remained till the Wednesday morning—she handed me a letter—I read it, and gave it to my husband, and he was so disgusted with it that he gave her notice there and then—next morning the prisoner came and asked me if I had received a letter, and said the girl was not honest—I would not go into details, and told her to go out and mind her own business. (The letter in question contained attacks on the character of the girl, and the words "lier" and "farther" were spelt in the same way as in the paper written by the Prisoner before the Magistrate.
Cross-examined, I have never ill-treated her, quite the reverse—you have done the best for her and the rest, more than the mother has done—the girl is a very obstreperous girl; the reason I ordered her out of the house was because she would stop put late at night and come in drunk.
By the COURT. I know the prisoner's writing; I could not say that this letter is her writing; I should think it was not.
The Prisoner, in her defence, attacked the character of the prosecutrix, and stated that the prosecution was entirely a matter of spite.
GUILTY .— Three Months, and Recognisances.
MR. MUIR Prosecuted.
and disorderly, and using obscene language—she gave the name of Mills—I took her to the station, and the charge was entered, and she was detained.
JOHN CATHCART (Sergeant E 43). I came to take charge of Bow Street Police-station at two o'clock a.m. on 11th February, and took over into my custody the prisoners there—Emily Fisher, or Mills, was among the prisoners—at four a.m. the prisoner came to the station to bail her out—he said he was; her husband—he gave the name of James Earl, 29, Blyth Terrace, Westminster Bridge Road—I told him I could not take his word for it; he would have to produce the receipt for his last taxes, or his rentbook, paid up to date, to prove he was the person he represented—he left the station, saying he would fetch his rent-book, but that he did not pay rates and taxes—he returned about five o'clock, and produced a rentbook in the name and address he had previously given—I examined the book—I agreed to accept him as bail for the woman—I took the recognisance from him in this book, and read it to him, and he signed it—I said he would be responsible for her appearance next morning at Bow Street, and. I let her go—this is the book, with his signature to the recognisance, "Edward James Earl," and there is "29, Blyth Terrace," the address he gave me—I was not present at the Police-court next morning, and cannot say if she appeared.
Cross-examined. If she had appeared nothing would have been heard about this case; we should not have known the recognisance was forged.
JAMES EARL . I live at 29, Blyth Terrace, Westminster Bridge Road, and am a hairdresser—I lived there on 11th February—I knew the prisoner as Robert Freeman, and the woman he lived with as Ella Fisher or Ella Green—between four and five o'clock a.m. on 11th February the prisoner came to my house; I was in bed—he came to my room, and said, "Maud is locked up" (that was the woman I knew by the name of Ella); "I want you to do me a favour; lend me your rent-book. If I can only produce a rent-book at the Police-station I can get her out"—I said, "Mine is no use, because it is not filled up"—he said, "That does not matter as long as I can show it"—I gave him this rent-book—I said, "Don't let me run any risk"—he went away, and I got the book back between an hour and one and half hours afterwards from Ella—the prisoner came in about a quarter of an hour after the woman, and thanked me for the loan of the book, and he went away with Ella—afterwards I received notice to appear at Bow Street, and show cause why my recognisance should not be dismissed; I was released—I gave the prisoner no authority to issue or sign the recognisance in my name.
Cross-examined. I had a sprained ankle at the time, and could not walk—I lent you the book to get Ella out on bail, on your word—I did not know what I was doing—nothing was said about your signing my name—J had a slight acquaintance with Ella—I have not lived in the same house with her—I think We all drank together once after this—I. asked you about it, and you said she had appeared and been bound over—I said, "Don't let me run any risk, but I don't know what these bails are for; I have never had anything to do with them"—the only money I ever gave Ella was 1d.
The Prisoner's statement before the Magistrate: "I did it as an act of kindness, He must have known I should have to sign his name. It was done by one friend for another."
The Prisoner, in his defence, said nothing was said about signing names when the book was lent, and he took it as a matter of course that he knew all about it.
The Prisoner then PLEADED GUILTY to a conviction of felony at this Court in March, 1889.
Two Days' Imprisonment.
MR. BROMBY Prosecuted.
NOT GUILTY .
MR. HORACE AVORY, for the prosecution, offered no evidence.
NOT GUILTY .
NEW COURT.—Tuesday, April 22nd, 1890.
Before Mr. Common Serjeant
MR. WILMOT Prosecuted; and MR. KEITH FRITH Defended.
JAMES HENRY NELSON . I keep the Horse and Groom beer-house, Church Street, Stoke Newington—on April 2nd, about eight p.m., I served the prisoner with a small glass of lemonade, price 2d.—he tendered a florin—I told him it was bad, and broke a small piece out of it, which I kept, and gave him the large piece—he asked for the small piece, but I refused to let him have it—these are the two pieces, they fit—he then paid with a 5s. piece, and I gave him 4s. 10d. change, a florin, two shillings, a sixpence, and fourpence—he drank the lemonade, and said, "What am I going to do for my two shillings?"—I said, "You did not give me two shillings; you gave me a counterfeit coin, and I have broken it, and if you have any grievance you have your remedy"—I followed him to the door, and gave his description to a constable—about an hour afterwards I was called to the station, and picked the prisoner out from twelve or fourteen others—I am sure he is the man.
Cross-examined. I broke the coin just under the counter directly before his face—the door was on the swing, but he stood at the bar while this was going on—he said that he took his pension the day before, and got the coin at the office.
GEORGE SHANKS (Police Sergeant N). On April 2nd, at 8.10, I as with Constable Wright in Church Street—Mr. Nelson described a man, and I saw the prisoner in High Street; I said, "We are police officers, and shall take you to the station on suspicion of uttering counterfeit coin"—he said, "On suspicion?"—I said, "Yes"—he was placed with eleven other men at the station, and Mr. Nelson picked him out, and gave me a small piece of coin—I found the large piece in the prisoner's pocket, and a good florin, a shilling, three sixpences, and fivepence—he said, "I don't want to say anything."
Cross-examined. I took him about ten minutes' walk from the house—he went with me quietly—I did not see any of the other men laugh, some were tall and some short—a customer in Mr. Darville's house said, "That is the man, I think," and picked him out from eleven others.
JOHN DARVILLE . I keep The Falcon, Church Street, Stoke Newington, about one hundred yards from the Horse and Groom—on April 2nd, between seven and eight o'clock, I served the prisoner with twopennyworth of Irish whisky—he offered me a florin—I put some acid on it; it turned black, and I said, "Look!"—he said, "What?"—I said, "It is made of lead"—he took it up from the counter, and gave me a half-sovereign—I had given him 1s. 10d. change, and I gave him 8s. out of the half-sovereign—he left the house with the florin in his pocket—on the following Thursday I saw him at Dalston Police-court with six or seven others, and had no trouble in picking him out—I have no doubt he is the man.
Cross-examined. I cannot say whether it was before half-past seven; I do not think it was beyond that—I was the only person serving, and had three compartments to serve—I cannot say whether the prisoner had a hat on when I identified him; I saw him directly I got in—they said, "Touch him," and I did so—I did not notice whether he had a hat on at my place—I saw all the other men, but did not look at them because I saw the one I wanted—I did not see the others laughing.
WILLIAM TRODD . I am a bricklayer—on 7th April, before 8 a.m., I saw the prisoner come into the Falcon—the landlord served him—he called for some whisky and paid for it with a florin—the landlord put some stuff on it and told him it was bad, and gave it back to him—he put it in his pocket and paid with a half-sovereign—I next saw him at Dalston with eleven or twelve others, and picked him out, and said I thought he was the man—I was asked twice, and said, "That is the man"—I have no doubt now.
Cross-examined. The first time I said I was certain, and when I was asked again I said I thought; that slipped out somehow—there was another man something like the prisoner; I saw one had a coat on like his—I said, "I looked all round," and then I said, "That is the man"—there was another stiffish built man wearing an overcoat, and the prisoner is a stiffish built man and was wearing an overcoat—the man who came into Mr. Darville's place was a stranger to me.
Cross-examined. Acid would affect silver if it was not rubbed off directly; it would not turn black on a silver coin, it would be a greyish brown—it is a fairly good imitation.
By the JURY. Aquafortis would stain silver permanently if left on; I should say that none has been put on this coin—the stain would be greater on a base coin.
NOT GUILTY .
and ring, his property.— Six Months' Hard Labour.
376. JOHN JONES** (42) [Pleaded guilty: see original trial image] , To burglary in the dwelling-house of Matthew Larkins, and stealing two pairs of boots, after a conviction at Clerkenwell, on 22nd March, 1880.— five Years' Penal Servitude.
377. WILLIAM PERRY (18) [Pleaded guilty: see original trial image] , To burglary in the dwelling-house of Annie Elstol, and stealing two coats, her property. There was another indictment against the prisoner.— Twelve Months' Hard" labour. And
378. FREDERICK WILLIAM THICKENER (22) [Pleaded guilty: see original trial image] , To stealing a bicycle, the property of William Monday; also stealing a ring, a pair of silver links, and a locket of Joseph Charles Balchin, his master.— Eighteen Months' Hard Labour.
OLD COURT.—Wednesday, April 23rd, 1890.
Before Mr. Justice Hawkins.
MR. POYNDER Prosecuted.
WILLIAM PUGH . I am a pianoforte maker, of 117, Tottenham Road, Kingsland—on Wednesday evening, 2nd April, about 7.30, I was in Bishopsgate Street, opposite the church, the prisoner came behind me, put his arm round the left side of my head and cut me across the cheek with a knife in his right hand, he then put the knife in his pocket and ran off—I had never seen him before—I called out, and a lady took me into the Police-station, where I had the wounds seen to; I next saw the prisoner in custody.
THOMAS COOK (City Policeman 895). I was on duty in Bishopsgate, and saw a large crowd—I saw the prisoner with this knife in his right hand, he was making an attempt to stab a City sewers man, who was attacking him with a long broom—I threw the prisoner on his back and took him to the station, where he was charged with cutting and wounding the prosecutor and two others—he seemed to understand what he was charged with—he said, "They have been following me all day long, I have had nothing to eat or drink; if I had not killed them they would have killed me."
By the COURT. He appeared rather strange—I have made inquiries about him—I find that he was sent to the Stone Asylum, in Kent, as being insane, in November, 1887, by a Magistrate's order, and was discharged in February, 1889; he had also been detained there previously as insane.
CHARLES CLINKSCALES (City Policeman 930). I know the prisoner—I was present in Court when he was ordered to be sent to Stone Asylum, as insane, in November, 1887; he was certified by the surgeon of Holloway Prison to be insane—he was then charged with stabbing a man in the breast.
PHILIP FRANCIS GILBERT . I am surgeon of Her Majesty's Prison, Holloway—the prisoner has been under my charge there since the 3rd of this month; he was quiet, but was under the idea that men were following him about to settle him, as he-called it—he said that these men came into the kitchen of the lodging-house where he was staying, and bethought they came to kill him; that he left, and walked about all night to avoid them, and meeting these men the next day he thought they were the men,
and stabbed them—it appeared that he had been drinking heavily; in a few days this delusion passed away—he is now free from it—he is a man of extremely weak intellect—he told me he had once been in Stone Lunatic Asylum; he could not say when—he has not suffered from delirium tremens, but from alcoholism of some kind; his mind is chronically impaired; he is dull, and knows no time or date.
The Prisoner's statement before the Magistrate: "I have nothing to say. I have no recollection of it."
GUILTY of the act, but being insane at the time. To be detained during Her Majesty's pleasure.
MR. ELDRIDGE Prosecuted.
ELIZABETH BANKS . I am the wife of Alfred Thomas Banks, and live at 17, Chippenham Gardens, Hendon—Olivia Thornton is the prisoner's sister-in-law, and keeps a sweetstuff shop at the same address—on 7th April, between four and five, I heard a great tussling in the room above me, And cries of murder; I went up and saw the prosecutrix bleeding profusely from the neck and face—the prisoner had got her in his arms—she said, "He has murdered me, he has out my throat"—the prisoner said, "She has murdered me"—I saw him wiping something on the sleeve of his coat and then put it in his pocket, I could not say what it was—he was under the influence of drink.
GEORGE ROBERTSON , M. D. I live at 150, Kilburn Park Road, and am divisional surgeon to the police—on 7th April, about 20 minutes to 6 p.m., I was called to 17, Chippenham Gardens, and saw the prosecutrix, she was suffering from shock, and from a wound on the left side of the neck, about half an inch below the ear, about an inch and a half long and about a quarter of an inch deep—it was a horizontal wound through the skin and superficial fat, from that there was another wound three inches in length, evidently a prolongation of the first, and about a quarter of an inch in depth—there was not much hemorrhage, the wound was right across the face—it was not dangerous—she had a contusion under the left eye, and a small cut on the point of the ring finger of the left hand—she seemed to be perfectly sober—it will be a long time before her nervous system recovers entirely from the shook—it was not a wound that could have been self-inflicted.
OLIVIA THORNTON . I am the wife of David William Thornton, and live at 17, Chippenham Gardens—the prisoner is my brother-in-law—on 7th April, between four and five, I was serving in my shop, the prisoner cam in—I told him he had better go out, because he was drunk—he said he would not, he would not be turned icy cold, meaning that everyone turned their back upon him—he knocked me down and knelt upon me, took a penknife and commenced cutting my throat; I begged him not to kill me, and to let me get up—I knocked the knife from him and knocked him into the fire-place with my left hand, and I sprang up on
my feet and stood by the parlour door, and I knew no more, I lost all memory—when he came in I was serving a customer with ices.
By the COURT, I don't think we had any words only when he had had a drop of beer—there was no quarrel only when he was in drink; he was all right when he was sober—he broke open the door on me a fortnight before; he was drunk then—he wanted to come in and sit down in the parlour, and I would not let him.
Prisoner. I had no knife in my possession; it was her own pocketknife, and was on the mantelshelf.
THOMAS WILLINGHURST (Policeman X 449). On 7rh April I was in Shirland Road, about eleven p.m., and saw the prisoner there—I crossed the road to him—he said, "Are you after me?"—I said, "Yes; I shall take you into custody for attempting to murder your sister-in-law by cutting her throat"—he made no reply, but struggled to get away; we fell together, and I held him on the ground until assistance arrived—he was taken to the station and charged—he said he knew nothing about it—nothing was found on him but four shillings and sixpence in money.
Prisoner's Defence. "I would not have done such a thing if I had not been in drink."
GUILTY of Unlawfully Wounding.— Nine Months' Hard Labour.
NEW COURT.—Wednesday, April 23rd, 1890.
Before Mr. Recorder.
381. FRANK LACKROSE (28), WILLIAM SMITH (39), and CHARLES ROBINSON (41) , Unlawfully conspiring to steal the moneys of the Hon. Henry Dudley Ryder and others. Other Counts, conspiring to steal the moneys of persons unknown.
MESSRS. BESLEY and GILL Prosecuted; MR. POLAND, Q. C. , and MR. HUTTON appeared for Lackrose; MR. HATTON for Smith; and MR. GEOGHEGAN for Robinson.
WILLIAM EDWARD STONE . I am a walk clerk in the employ of Messrs. Coutts, bankers, of 59, Strand—it is part of my duty to go round to the banks in London, for the purpose of cashing cheques and taking securities—I carry this bag (produced) containing a banker's case, which shuts with a snap—on the morning of March 7th I was in the City, on my round, having with me this bag containing £3,000 in cash, and about £2,000 in cheques—I went into the Agra Bank, Nicholas Lane, and saw the prisoner Smith at the counter—I then left and went to the bill office of the City Bank, Threadneedle Street, and put my bag in front of me on the counter, shut—the prisoner Smith came in and stood on my right hand, and Lackrose on my left—they both came in together—Smith placed his hand on my right shoulder and said, "Is this the Bank of Westminster?"—I said, "No," and turned towards the door and explained the way to him—on turning to the counter again I found my bag open and Lackrose's hand holding my banker's case—he immediately dropped it, and said, "Pardon me, I thought it was my
bag;" thinking he was some banker's clerk I said, "All right," and took hold of my bag, looked round, and saw Smith and Lackrose hurrying out, neither of them having a bag—I ran to the door but could see no trace of them—later in the day I made a communication to the police, and on March 20 I picked out Smith and Lackrose at Bow Street Policestation from several other men—I am not certain whether I saw Lackrose at the Agra Bank.
Cross-examined by MR. POLAND. I did not see the bag opened—I did not seize him, because I mistook him for a clerk—I did not notice any other bag on the counter—I gave information to the detectives at the Bank of England—Davis, the police officer, and another officer took me to Bow Street about 10. 5 a.m. to see if I could identify some men who had been taken in custody at the other bank; twelve or fifteen people were put together; there were a lot of shabby people among them; some of them were not at all like the prisoners—I saw Lackrose there, and thought he was the man I had seen at the City Bank—I was certain about him at first—I saw both his side and full face.
Cross-examined by MR. HATTON. There were only three or four people at the Agra Bank; there was nothing to attract my attention to Smith—I was there about five minutes; I did not notice whether he was there when I went in—I noticed him when I was leaving—when he touched me in the City Bank I noticed that I had seen him just previous, but said nothing to him about it—I did not see him again till March 30th—Davis told me he had got the two men he thought I wanted, or words, to that effect—he did not tell me what they were like, or whether they were young or old—he did not say then that one had a black moustache; he did at Bow Street, and that one had a brown coat—the other men were rather poorly clad—I had noticed that Smith was well dressed.
Cross-examined by MR. GEOGHEGAN. There were fifteen or twenty people in the City Bank—I only went to pick out two men—the detective told me that one man was wearing a brown coat—Robinson is wearing a brown coat, but I cannot tell whether he is one of the men who were paraded at Bow Street.
Re-examined. The man who said, "Pardon me, I thought it was my bag," was not carrying a bag when he left the bank—Flewster was the officer I spoke to at the Bank of England, that was about an hour afterwards—another officer was present—I also spoke to the cashier of the City Bank—on the second examination at Guildhall, on 28th March, Mr. Newton, the solicitor for the three prisoners, cross-examined me about my conversation with Flewster; beyond what I said then I have never said that I could not say that the bag was closed—the bag was opened by Lackrose, but lam not sure whether I said so to Flewster—Lackrose had lifted the portfolio from the bottom of the bag first before he said, "Pardon me, I thought it was my bag"—it fell back into the bag when he dropped it—I have no doubt at all that the bag was opened.
By the COURT. I said, "I cannot remember what questions were put to me"—they were both asking questions—on the second occasion I could not remember the form of the questions—I was asked to go and identify the men, but I cannot say what the words were.
FREDERICK DAVIS . I am a plain clothes constable on patrol duty; I stroll about and keep my eye on the doings of suspicious people—on March 7th I was in Nicholas Lane, and saw the three prisoners outside
the Agra Bank—I watched them; Smith was on the footway on the bank side, Lackrose was in the middle of the road, and Robinson on the opposite side to the bank, on the other pavement—it is a very narrow lane; they moved about, looked at a newspaper, put it back in their pockets, and moved a few steps and returned, looking up and down the lane and towards the door of the Agra Bank—they wont through Birchin Lane into Finch Lane, a few yards apart, one in front of the other—I met Sheppard, and drew his attention to them, and we followed them to the City Bank, Threadneedle Street—they all three went in—I had not seen them speak to each other—we watched in the doorway of the Consolidated Bank opposite, and in a little while Smith hurried out and crossed the street into the very doorway where we were—he stood in the lobby and seemed to be looking over at the City Bank—I went out, and he went away, and hurried up Threadneedle Street, and inside the doorway of the Oriental Bank—he came out in two or three seconds, and went through Bishopsgate Street, Gracechurch Street, King William Street, and into Princes Street, where I spoke to Parsons, and we all three watched him—he joined the other two prisoners in Moorgate Street, and they appeared to be in conversation for about three minutes, and all walked away together—we followed them to a public-house at the corner of Fore Street, where they had refreshments together—they then left, and went to a cigar shop at the corner of Red Cross Street and Barbican—we followed them to Aldersgate Street, where they all went into the London and County Banking Company, and came out immediately and went to the corner of Newgate Street, where they all three got on an omnibus—we followed to Gray's Inn Road, where we lost sight of the omnibus—I had no knowledge of what had taken place at the City Bank—on 19th March I was with Jukes, and saw the three prisoners again outside Lloyds Bank, Lombard Street—Smith was standing close to he door, with his back to the wall, looking up and down, and Lackrose and Robinson were walking backwards and forwards, looking into the doorway of Lloyds Bank—we followed them to the Mansion House, where they got on top of an omnibus; we went on it to Gray's Inn Road; they got off there and went through Staple Inn to Southampton Buildings, and then into the Birkbeck Bank—we went in two minutes afterwards, and saw Lackrose walking up and down, Smith was in the passage which leads to the bank, and Robinson was leaning on the counter by a gentleman—I spoke to the hall porter who held the door—I caught hold of Lackrose and told the hall porter to hold him, which he did—Jukes took hold of Smith and I of Robinson—we brought them together, and I said, "We are police officers; what is your business in this bank? "Robinson said, "I have an appointment"—Smith said, "To open a deposit account"—Lackrose said, "Prefer your charge"—I said, "You will be charged together with being in this bank for the purpose of committing a felony"—they each said, "I don't know these gentlemen"—I took them to Bow Street Station; they bad gold watches, diamond pins, and good jewellery, and Smith had about £5—each refused his address—I made inquiries at the City Bank in the afternoon, from the way they hurried out—they were brought before Mr. Vaughan next morning on account of what took place at the Birkbeck Bank—I communicated with Mr. Stone, and he followed to the
Police-court, and identified two men—Mr. Vaughan dismissed the charge, and the three prisoners were taken to Bishopsgate Station, and charged with the attempt to steal at the City Bank on March 7th; they each said, "I deny the charge"—they gave their names, and refused their addresses; they described themselves as gentlemen, and Robinson said lie was a bookkeeper.
Cross-examined by MR. POLAND. The charge at the Birkbeck Bank was under the Vagrant Act, frequenting a place to commit a felony; that was dismissed—I had not seen Lackrose before March 7th, and the next time I saw him was the 19th—I was about twenty yards from him when, he went into the City Bank—I did not see him come out—his back was towards me when he was going in—Smith was not more than two minutes in the bank before he hurried out—I went out at Bow Street and got some passers-by to come in—there were about thirteen people all put in a line before Stone was brought in—they were not giggling—that was before the prisoners were taken before the Magistrate.
Cross-examined by MR. HATTON, I was about thirty yards from the City Bank when Smith ran out—I passed him in the doorway of the Consolidated Bank—it was about twenty minutes before he met the others—we kept close behind, twenty yards off.
Cross-examined by MR. GEOGHEGAN. I had not seen the prisoners speaking together before they entered the City Bank—Smith and Lackrose went in close together, and Robinson ten yards behind; that was the nearest I saw Robinson to the other two—about twenty minutes elapsed from the time Smith came out till I saw him join the other two in Moorgate Street—I told Mr. Stone I had three men in custody; He had only spoken to me about two—Robinson was put with the other man—I did not ask Mr. Stone if he could identify him, nor did I tell him before the identification that one of the men had a brown coat on—he had not given me a description of a man with a brown coat—Jackson was with me the whole time—he did not mention the brown coat—when I took Robinson he was leaning over the counter of the Birkbeck Bank.
Re-examined. I told Mr. Stone I had come to see him in reference to an attempted robbery at the City Bank; I had three men in custody at Bow Street, and if he would be there by ten o'clock I would have them placed with other men to see if he could identify them—I gave no description of them—Stone did not identify the man in a brown coat.
CLEMENT SHEPHERD (City Policeman). I was on patrol in the City—Davis drew my attention to the prisoners in Finch Lane—from what he said I followed them to the City Bank—I saw them enter—I stood in the doorway and watched them—about a minute afterwards I saw Smith come out, cross to where I was standing, to the Consolidated Bank, rush out again, and go into the Oriental Bank; he stayed there about a minute, and then went into Bishopsgate Street—we met Parsons, and called his attention to Smith in Princes Street—I was with Davies when Smith joined the other two—I saw the three together in Moorgate Street—we followed them into a public-house in Fore Street and to Aldersgate Street, and saw them enter the London and County Bank—I afterwards saw them get on the top of a 'bus, and lost sight of them.
Cross-examined by MR. POLAND. I did not see Lackrose come out of the City Bank; I did not see him before 7th March—when he went into the City Bank his back was towards me.
Cross-examined by MR. HATTON. I was with Davies the whole time, sometimes in front of him, and sometimes ten or fifteen yards away—I lost sight of Smith at the corner of Barbican—Davies was then behind me; I was in front and Davies behind the prisoners.
GEORGE PARSONS (City Policeman). On 7th March, about 12.40, I was in Princes Street when Davies and Shepherd called my attention to a man they were following—I followed, and saw him joined by the other prisoners—I saw them speaking together in Moorgate Street—I followed them a short distance, and then left the other officers to follow them—I had to keep at the Bank of England.
Cross-examined by MR. POLAND. That was the first time I had seen Lackrose—I next saw him in custody at Guildhall—I knew he had been charged with an attempt to steal at the City Bank—I knew him again when I saw him at Guildhall.
JOHN JUKES (City Policeman). On 19th March I was with Davies in Lombard Street about 1.30—I followed the prisoners with Davies—I saw them go into the Birkbeck Bank—after they had been in about two minutes I went in—I was present at their arrest—I heard them deny all knowledge of each other.
Cross-examined by MR. GEOGHEGAN. I went with Davies to Coutts' Bank—I saw Mr. Stone—I did not speak to him.
WILLIAM EDWARD STONE (Re-examined by MR. GEOGHEGAN). I was confronted with Davies at Guildhall, and was asked whether Davies was the man who had mentioned the brown coat to me; I said I thought he was—I have a little doubt—to the best of my belief it was Davies.
GUILTY †— Eighteen Months' Hard Labour each.
MR. GILL Prosecuted, and MR. POLAND Defended.
HENRY PEERLESS DENYER . I live at 8, Northumberland Park, Tottenham—on Saturday, March 15, my grandfather sent me to the London and Provincial Bank, Tottenham, to change a £5 cheque for silver, which I took to my grandfather; my aunt counted it, and it was a shilling short—I went back to the bank and spoke to the cashier about it—there were other people on my side of the counter, but I did not notice who they were—I do not know whether they could hear what was said—I did not get the shilling at the bank—when I had got about 150 yards from the bank the prisoner tapped me on my shoulder and said, "I am a clerk at the bank; did not you hear Mr. Cottee, the manager, call you back?"—I said, "No"—he said, "Have you been running fast?"—I said, "No, I have been walking"—he said, "You are wanted, because the cheque is stopped"—I stopped, and he said I must go back with, him—I went with him to Bruce Grove Railway Station, where he said I was to give the money to him because he was minding a house there—he took me to No. 6, and stopped just inside the gate, and said, "I am minding the house"—I gave him the money just inside the house, and he said, "Go and fetch your grandfather, take him to the bank first, and then bring him on to me"—I gave him the money and left him standing just inside the gate—I went to my
grandfather; lie came out with me and went to the bank—I took him to the house in Bruce Grove, but the prisoner had gone—I saw him next at Bow Street, when I picked him out from several men—I also recognised the accent of his voice—I am sure he is the man.
Cross-examined. I am not sure that there were more than five men in the line when I picked him out, but I think there were more—Murphy told me he thought he had got the man for me, and I went there, expecting to see him—I stopped before I got to the prisoner, and Murphy said, "Go to the end of the line"—he said, "Don't be afraid, pick him out," and I went further and picked the prisoner out—Murphy was not in uniform; he is from Tottenham—I did not see anybody I recognised when I stopped; I do not know why I stopped—I had never, seen the prisoner before he spoke to me in the street—I was waiting in the bank a long time while the money was counted, and people came in and out—I live next door but one to my grandfather.
Re-examined. Nobody else spoke to me that day with the same kind of voice—when I walked down the line it was the prisoner who said, "Don't be afraid; pick him out."
JOHN DENYER . I am a builder, of Tottenham—the last witness is my grandson—on March 16th I sent him to the bank to change a £5 cheque for silver—when he came back there was only £4 19s., and I sent him back with it—I afterwards went with him to the bank, and then to Bruce Grove, and to the station—he is thirteen years old.
HUGH CHARLES OWEN . I am a cashier at the London and Provincial Bank, Tottenham—Mr. Denyer has an account there—I remember changing a £5 cheque for the boy, he came back—Saturday between twelve o'clock and one would be a busy time.
Cross-examined. I live in Tottenham—the prisoner is a stranger to me; I never saw him till he was in custody.
ROBERT MURPHY (Detective Sergeant N). I heard that the prisoner was in custody, and took the boy to Bow Street, where he identified the prisoner—the prisoner said something to him, but I could not hear it—there were fix or seven people in the line.
Cross-examined. We arrived at Bow Street soon after 9 a.m. on the 25th—I did not tell the boy I thought they had got the man he wanted at Bow Street—I have not been in Court while he was examined—there were more than five persons in the line; Smith was one, and Robinson another; there was no boy in the line, the youngest of the group was 19—I never allow a policeman to stand in the line—before Denyer identified anybody, he appeared to be going to turn back, and I said, "Go to the end of the line, and see if you can point him out," and he went on further and picked the prisoner out—when the boy hesitated, a constable said to him, "Go further up the passage"—and I said to the constable, "Don't speak to the boy"—I cannot tell you the constable's name—I could not hear one word that the prisoner said to the boy, but he appeared to, speak to him—I was about fifty paces from the boy when I told him to go to the end.
Re-examined. When the prisoner was identified I took him in custody.
FREDERICK DAVIES (City Policeman). I took the prisoner at the Birkbeck Bank on the 19th; he gave me his name, but no address—he speaks with a nasal twang—I do not know who the constable was who said, "Go further down the passage."
Witnesses for the Defence.
FRANCIS WELBORE ELLIS . I live at 14, Union Road, Stoke Newington, and have an interest in a soda-water manufactory at 215, Brick Lane—I have been in America about eighteen years, and after my return to London in August, 1878, I received a letter of introduction to the prisoner from an old schoolfellow of mine, Mr. Jameson—the letter came from Chicago, but he was doing business in New York—after that I saw the prisoner once or twice for a fortnight or three weeks—on Friday, 14th March, I accompanied Mr. Burgess to Meux's Brewery, and saw the prisoner outside—he made an appointment to meet me next day, Saturday, the 15th, at a quarter to one o'clock, at the Horse Shoe, Tottenham Court Road, which he did, and was with me till about five o'clock, when I left him at the corner of Piccadilly—Mr. Burgess was with us up to three o'clock—I know it was Saturday, the 15th, because I am an Irishman, and the following Monday was St. Patrick's Day—I did not see him again till I saw him in the dock here—I know the name he was introduced to me by in the letter.
Cross-examined. 14, Union Road is my private house; I have lived there about nine months—my place of business is at Burgess and Co. 's, 215, Brick Lane—I have been in that business seven or eight months—before that I was a licensed victualler; I had a house for some months—I mean the Horse Shoe at the corner of Tottenham Court Road—that is a place much frequented—when I saw him on the 14th it was by accident; I had not seen him for close upon three years, and did not recognise him—I had not seen him more than four times—Mr. Burgess and I went into the Horse Shoe to have a drink, and met the prisoner outside—I stayed with him that day from ten minutes to a quarter of an hour—he asked me to have lunch with him—I said, "No; I am going to lunch with Mr. Burgess," and he made an appointment for the next day—we lunched alone, but just as we finished Mr. Burgess came into the bar, and I called him—we parted with Mr. Burgess at a quarter to three, and then walked down Oxford Street and had a cup of coffee, and then to St. James's Hall to see if we could get tickets—we walked back to the corner of Piccadilly, and I left him about a quarter to five—I did not make another appointment with him, or ask him to lunch—I did not hear that he was charged till April 17th, although he had been in custody all that time, and then the 15th came back to me—it was last Thursday that I said that it was the 15th—I did not know that he had been identified—I never noticed it in the papers—I was introduced to him as Frank Lackrose—I cannot find the letter of introduction—I have been at Tottenham once in ten years; I live two or three miles from there—he speaks with a very slight American accent.
THOMAS BURGESS . I keep the Old Pitt's Head, Brick Lane, and also carry on business as a mineral water manufacturer, at 215, Brick Lane—I opened my house on 8t. Patrick's Day; I have been there two years on the 17th; I see Mr. Ellis nearly every day—I saw him on the Thursday before when I went to Meux's Brewery, and on Saturday at the Horse Shoe, about 1.30, the prisoner was with him—I spoke to them and had a drink with them—I was with them three-quarters of an hour—I saw the prisoner on the previous day with Mr. Ellis, who said, "This is a friend of mine"—it was about quarter to three when I left them.
Cross-examined, I am connected with Mr. Ellis in the soda water business, and we meet nearly every day—I was at the Horse Shoe on
the Friday; I go there two or three times a week—I did not know that Mr. Ellis was going there on the Saturday—he was sitting at a table having some lunch—I stayed with him about three-quarters of an hour, and left him there about a quarter to three—I was spoken to about this not quite a week ago; I did not remember all about it at once—I was not in Court, and did not hear the witnesses ordered out—I went out after the case for the prosecution was over—I heard it all—I went out at the end of Mr. Poland's speech; I did not notice the prisoner's American accent.
Re-examined, I am sure this is the man who was with Mr. Ellis on Saturday.
NOT GUILTY .
THIRD COURT.—Wednesday and Thursday, April 23rd and 24th, 1890.
Before Mr. Common Serjeant.
MR. HEDDON Prosecuted, and MR. K. FRITH Defended Smith.
SAMUEL RODWELL (Policeman J 371). About 1.40 a.m. on 28th March I Was on duty in Orchard Street, Ball's Pond Road—I received information, in consequence of which I went to the Britannia beer-house—I found the taproom window broken—I pushed open the window, and got through by standing on a tub that was beneath the window—I found both prisoners sitting on the roof of the house smoking cigars—I blew my whistle—I said, "What are you doing here?"—Smith said, "You need not blow your whistle, we will go quietly"—another constable came up on the roof, and between us we took the prisoners into custody, and to the station—I found on Smith 1s. 2d. bronze in his trousers pocket, a table knife, two latchkeys, a pocket knife, and a begging petition—when charged he made no reply—I found this cigar on the roof afterwards, and I found these three cigars in the street.
Cross-examined by MR. K. FRITH. Smith works for his father, I know nothing against him—he was admitted to bail—he was perfectly sober—I don't think he had been drinking—I cannot say one way or the other.
THOMAS BRYSON . At 1.45 on 28th March I heard a police whistle—I went in the direction of the sound, and on the roof of the beerhouse I found Rodwell detaining Smith—I took Sealey into custody—I said, "I shall take you to the station"—he did not speak—he said nothing at the station—I searched him and found 1s. 10d. bronze in his trousers pocket—Sealey was perfectly sober—Smith was sober, as far as I could see.
FRANK OXLEY , I keep the Britannia beer-house, Orchard Street—on the night of 27th March I left my house safe about eleven o'clock, having fastened it up—the taproom window was not broken, it was all right—I did not sleep on the premises that night; the house was quite empty—about eight o'clock next morning, in consequence of information, I went to Dalston Police-station, where I saw some cigars like these and about 3s. worth of coppers—I went to my beef-house—I found the taproom window broken—I had left a dozen or fifteen cigars in the bar—this is the class of cigar I was selling—I had left 2s. in the till and 1s. in the back room, all in coppers—I found they had gone.
Cross-examined by MR. K. FRITH. These are the same sort of cigars asmine—there may be millions of them in the market.
Re-examined. The two prisoners were customers of mine—I had seen Smith in the afternoon, and Sealey early in the evening of the 27th, in my bar—Smith was not drunk, nor had he been drinking—he was working; he is a tinsmith.
Sealey, in his defence, said he was the worse for drink, and did not know how he got in the place; that he took no cigars or coppers, but had coppers of hit own on him.
MR. K. FRITH having addressed the JURY, Smith was allowed to make a statement. He said he had been drinking all the afternoon and evening, and did not know what had happened, but that he had never touched the prosecutor's money.
Smith received a good character.
NOT GUILTY .
MR. BAYLISS Prosecuted.
HENRY HIGGINS STREET . I keep a coffee-house ac 266, Bow Road—at 11.15 on 7th April I went to bed, leaving the place downstairs all secure—at 11.50 I heard a knocking; I came down and saw the prisoner in custody—afterwards I noticed notching on the beading of the door, and scraping on the bar that crosses it, as though some sharp instrument had raised the bar, and the door been forced open—there is a night latch and the bar on the door, but the latch was fastened back and the bar was the only fastening—if the bar was lifted up by a sharp instrument, the door could be opened—there are inner folding-doors which were not fastened—I searched the coffee-room, and missed this piece of bacon, worth 4s. 6d., from the show-table—I found the bacon thirty feet from the table—I had seen the prisoner once before, a few days previously, as a customer.
JOHN BOLTON (Policeman K 566). About 11.50 on this night I was near this coffee-shop—I saw the door open—I went past and kept observation—another constable came up and looked into the shop, and when he came out the prisoner darted out from the shop door behind him—I rushed after and seized him, and said, "You have been in that coffee-shop"—he said, "I have not"—I took him back, and he was charged with burglary and stealing the bacon—the bar was hanging down when I saw it.
Cross-examined by the Prisoner. I did not see you in the shop.
SAMUEL KING (Policeman K 294). I was in Bow Road about 11.50, and as I passed the prosecutor's shop I saw the door open—I looked in and pushed open the glass swinging doors, and looked through and saw the prisoner in the middle of the shop, with something under his arm; I could not see what it was—I did not know but what he might be someone belonging to the shop, so I stopped outside and watched his movements—he came out, leaving the door open, and walked away—I went after him—he had nothing then under his arm—I asked him what he was doing inside the shop—he said he was not in there—I was standing by the side of the door when he came out, and as he did so he almost touched me—I called up the prosecutor, and the prisoner was given into custody.
Cross-examined. There was no one else about—you were not at the Coach and Horses.
WALTER EDWARDS (Police Inspector K). The prisoner was brought to the station and charged—he said, "I have not been there"—this small penknife was found on him—I found two marks on the door recently made, as if something had been pressed against the bar—by pressing against the doors there would be a little opening, and by inserting a chisel under the bar, the bar would drop down and the door open—I came to the conclusion that the door had been opened in that manner from the outside—the prisoner said he came from Wanstead Flats.
The Prisoner, in his statement before the Magistrate and in his defence, said he was coming from Zeytonstone, and when passing the coffee-shop he was seized by the constables.
GUILTY **— Ten Months' Hard Labour.
MR. BURNIE Prosecuted, and MR. GEOGHEGAN Defended.
The JURY being unable to agree were discharged, and the trial was postponed to next Session.
386. WILLIAM LONG (42) and EDWIN MOORE, Unlawfully conspiring to obtain large quantities of iron from Isaac McDougall and another. Other Counts, for inciting Frederick Towersey to steal the said iron, the property of his master.
MR. BESLEY Prosecuted, and MR. GEOGHEGAN Defended.
COLIN GORDON . I am manager to Isaac McDougall Brothers, wood pulp makers, Mark Lane—scrap iron is collected at times and sold—a day or two before March 5th I saw Mr. Butler, a scrap iron dealer, in Holmes Road, and engaged him and Long to come to our place; our price is 51s. a ton for heavy cast iron, 27s. 6d. for light cast, 55s. for heavy wrought, and 25s. for light wrought—Young Butler brought his father's cheque, and I filled it up for £50 at Long's request, and handed it to Mr. Billing, our commercial man; that was a guarantee fund to cover the probable amount of iron I had to sell, as I had not dealt with them before, and if there was any balance over they would be entitled to it—in that way I prevented their being in our debt—Wiseman was the carman employed by Butler—after Long had been there loading up, Towersey, the yard foreman, spoke to me, and acted under my instructions—the first two-horse van went away on the 25th—the scrap iron was to be weighed at the Midland Railway, West India Dock Station—that is a public weighing-place, and we were to be shown the ticket—the first load was 5 tons 7 cwt., and the tare 1 ton 11 cwt., and the net 3 tons 16 cwt., weighed by E. M., that is E. Moore—on the same day a second load came in the same van, and Towersey handed me this ticket, No. 3; the gross weight was 5 tons 2 qrs., tare, 1 ton 11 cwt., gross 3 tons 13 cwt. 2 qrs.—next day Warner's one-horse van was brought, employed by Butler, and Towersey gave me this ticket, No. 4, which shows the weight 2 tons 11 cwt. 2 qrs. gross, net 1 ton 11 cwt. 2 qrs.—I saw the police the previous night; Bream was the officer—the fourth load went away in the same one-horse van—Long was in charge on all those occasions—subsequently I had ticket No. 5, which purports to show the gross weight 2 tons 10 cwt. 2 qrs., tare 18 cwt.: 18 tare, the
same as the last—I followed that load from our place to the West India Station weighing-place with two detectives, and kept it in sight till the weighing was done—it is a narrow lane, and the van must come back again—I stood at the corner by the public-house, and some of them went in, I think, Long and young Butler went in, and the carmen went outside with the horses—when I got hold of the fourth ticket I went to the car men with the two detectives, and the van was drawn back to the weighbridge, and weighed—I did not see Long again till he was in custody—the weight was 2 tons 16 cwt. 2 qrs. net; the gross weight would be 18 cwt. more—the last load was light wrought; that was 25s.—the false weight would diminish our receipts by 30s.—there were two loads of heavy cast; the second was bottom bars which were put in—the cheating of a ton of heavy cast would be 51s. in favour of the Butlers—the second load was heavy cast; that would be £21 1s. in their favour; and the third the same—those three represent £7 13s., and adding the 30s. makes £9 3s. which we lost by the false weight—I asked Moore how he accounted for the deficiency, alluding to the last load; he said it was done by arrangement with the party who paid him for the weighing, and he thought there was something wrong, and remarked so to his mate he showed me the 4s. which Long gave him for weighing; 1s. for each load—I told Moore I was very sorry to see him placed in such a position, and asked if he did not think he had done wrong—I asked him to give me the actual weights, and he wrote this (produced) from a slip of paper which he had in his desk—I gave him to understand that I knew all the weights, but did not show him the four tickets—the paper he wrote shows one ton on the first load, a ton on the second, a ton on the third, and 1 ton 1 cwt. on the fourth load—the clerk from the Midland Company brought the book to the Police-court—young Butler and the driver of Wiseman's van were taken to the station, but they were both discharged.
Cross-examined. I did not ask young Butler for any explanation before I gave him in custody, all the part I saw him take was to accompany the carman on his rounds; he was loading the van with the rest, and some of my men helped—I told the inspector at the station that I had no wish to detain young Butler—I swore my information at the Police-court on 2nd April, on which young Butler was arrested—I had seen Messrs. McDougall in the interval, but had no fresh information—I did not suggest that the iron should be weighed; Long suggested that, and I agreed to it, provided we sent our man Towersey as well—we have a weigh-bridge of our own for carts, but I do not think we could have got those vans on it—they were weighed by Moore on a weigh-bridge on which coal is weighed—I have not sold iron for the firm before—I have only been two months in London—I allege that Moore has put down on this ticket less than the true amount that went out—he gave me the true weight from a slip of paper, but the Midland book was shown at the Police-court—I told Moore he had acted very foolishly and wrongly, but he gave mo the impression that he did not see that; he said that he did not know who the iron came from, and did not say where it was going to—I did not ask him if he knew that it belonged to me—he did not say that he did not know who Butler was—Moore was not locked up by my directions; our solicitor charged him—a week elapsed before
the prisoners were arrested—Moore said that he did not see anything wrong; it was customary to do anything which the man who paid him asked him—I said I would exonerate him for one load, but not for three—this (produced) is the Midland book—Moore showed me a cash-book the second time, in which ho entered the amount he received, twopence a ton, which is paid at the weigh-bridge; he had credited the Midland Company in his cash-book with the full amount due to them—he gave them credit for the true weight—I got a cheque for £50, and they got goods from me value £30; we have got the £20 still; we have not squared accounts yet—we charge Long, and make him pay for the very goods we accuse him of stealing—we intend to charge Butler and Long £30 for the goods sent out—if this account was squared it would have been paid on the weights shown on these tickets—we have the money in hand, but no documents have passed between us since—there are no entries in our books about it.
Re-examined. I first saw this Midland book on the 26th; I saw document "A" afterwards—the first entry is false; there has been an erasure—since I saw it on the 26th the company have put in the four tons—these marginal notes were not there on the 26th—the second, third, and fourth are also false; I saw that when I got document "A" from him; the marginal entry was not there then, but there was a little tick on each item—the printed form corresponds on the counterfoil; it is initialed by the same person—the counterfoil agrees with the false ticket—that is just the same with No. 3; there are the same initials, and the counterfoil is also false, but "4 13 2" is entered at the bottom of each, so that the counterfoil in Moore's possession agrees with the false ticket; but there is a memorandum of the true weight—counterfoils 2, 3, 4, and 5 agree with the false weights, and there is a memorandum on each of the true weights, but I did not see that till the inquiry at the Police-court—the Midland Company charges for the act of weighing only; they have no interest in the owners—Moore showed me this boon (produced), and said that that was the book in which he entered the money to the company—that is what I call the cash-book; it commences on June 19th, 1889, and there is no 1890 in it—I do not know when Moore wrote it—that is the only book in which he has debited himself with 2s. 8d.—that was shown to me when I came back at night on the 26th.
FREDERICK TOWERSEY . I am yard foreman to Messrs. McDougall—on March 5th Long and young Butler came to the yard with a pair-horse van—I had never seen-either of them before—Long asked if our engineer was on the premises—that is Mr. Wandsley; I said he was away; he said he wanted to see him, he wanted to do some business with some lead—it is not the custom of the firm to deal in lead—he asked me to put some lead in the van, and he would square me up for it afterwards—I spoke to Mr. Gordon at the time; he gave me instructions, and I saw some lead put on the van—I went with Long and the van to the Midland Railway weigh-bridge—I saw the wagon weighed, and took a note of the weight—he told me to accept his weights, and he would square me up after wards—I said, "Please yourself"—lie gross weight was 6 tons 7 qrs. and the net 4 tons 16 cwt.—I made this entry in my pocketbook as soon as it was weighed, and then went to the wharf at Barking Road, and saw part of it discharged at the barge-builder's wharf—I went bac
with Long to the Midland Railway bridge, and took the tare of the van—another man weighed it, not Moore—Long said, "I have given Moore a shilling, and I will see you later on"—that load was heavy cast—I returned to our wharf and got another load, and went with it to the weigh-bridge again; that was burnt bars—I saw Moore weigh it—I entered the weight 6 tons 4 cwt. 2 qrs. gross, 4 tons 13 cwt. 2 qrs. net—I then received from Long these tickets for those two loads (produced)—he asked me to give them back to him the first thing in the morning; I gave them to Mr. Gordon—Long said, "Can I come at six in the morning? and will you put some lead in then?"—I said, "No, we don't load vans till after breakfast," which is eight to half-past eight—he came next morning with a one-horse van and the same carman; I saw it loaded—he asked me for the tickets—I said, "The delivery clerk has not done with them"—the gross weight was 3 tons 11 cwt. 2 qrs., and the net 2 tons 13 cwt. 2 qrs.—I did not go on the van, I walked to the wharf, where Long showed me a thing called a devil, with a pot on the fire, and said if I would let him have the lead, he would soon get it out of sight, and he would see that I got to no further trouble about it—we use a great deal of lead—I went back with the van to the weigh-bridge, and tared it, and this ticket No. 2 was given to me by Long—I went back to McDougall's, and got another load of light wrought, which Moore weighed; the gross weight was 3 tons 14 cwt. 2 qrs., and the net 2 tons 16 cwt. 2 qrs.—Long asked me to get a load ready by nine o'clock next morning, so that he should not have to wait; he said, "I will square up with you in the morning," and gave me the fourth ticket—I gave both the tickets to Mr. Gordon—I did not follow the second van—I saw Long ten minutes afterwards, he said that he saw Mr. Gordon, and he came back and put his hand in his pocket, and said, "Take this and clear out"—I do not know what money he had in his hand, I did not take it—he left me at a kind of trot, sharp—I told Mr. Gordon everything.
Cross-examined. He shook some money in his fist, and I said, "I do not want it"—I made this entry with black-lead pencil at the end of the book at the time, and afterwards entered it here in writing—I said at the Police-court, "I gave the other porter 1s. for the weighing of that"—I have been four years with the firm, and have been promoted to outside foreman twelve months—we have a weigh-bridge, but not for vans to go on—when Long came to me he made a proposal to me to rob my master—he was a perfect stranger to me—about four proposals have been made to me in four years to rob my master, but I never took any notice; they were made by people who used to deal there—that was before I was promoted—I did not report those proposals to my master, or to the foreman, or to any living soul, because I did not think it worth reporting—I knew the persons were thieves when they offered me a bribe—Mr. Eastin is my immediate superior—the excuse I made to Long was, "Oh, no, we had better not do it here; there are too many eyes about"—I said that simply because I thought it would stop him; I thought that would prevent his loading it up—I never saw Moore make an entry in his books—I got the pass-out from our officer, and gave it to the constable at the gate—four loads went out with passes; I do not know where they are or whether they have been charged for—the devil is a brazier with a pair of iron bars—I saw no pot for melting.
Re-examined. No charges of dishonesty have been made against me—my age is thirty—I have been at sea—on one occasion I was putting some wood in a van; they loaded one load, and wanted some more to make a second, there was a stack of wood in the yard, which if anybody were to take a load off it they would have to make the stack up to the same height again—my bribe was to deliver more wood than the person bought—the next attempt on my honesty was when a man wanted me to give him two scaffold poles; I don't remember the others, they were in the very early part of my time, and were less important.
WALTER BREED (Police Sergeant K). On April 2nd, at eight o'clock, I was with Sergeant Duck at East Ham, and saw Long outside the railway station—I said, "You will be charged with conspiring with others to defraud Messers. McDougall of a quantity of iron"—he said, "It was McDougall's man who first suggested we should do it"—I took him to the station, and on the way I said to him, "Do you mean to say McDougalls man suggested it?"—he said, u I had better not say anything more about it at present"—he made no answer to the charge.
Cross-examined. The warrant was dated the 2nd, and I arrested him on the 2nd—I went to East Ham station because his wife told me he had gone to Mr. Butler's—there is no suggestion that he endeavoured to evade arrest—he is a man of good character, and has never been in trouble before—Moore is a man of good character.
HUBERT DUCK (Police Sergeant K). I was present on 26th March when Mr. Gordon turned back the fourth load to be weighed; he examined the book in the office, and I was standing by—I saw the paper "A" given to Mr. Gordon, it was already written; the correct bill of weights was given to Mr. Gordon two or three hours afterwards—I went twice to the weigh-bridge office, once was when the fourth load was turned back and weighed again—outside the public-house the van Was turned back and re-weighed—I went back with it; Moore was there then; Mr. Gordon asked for the weight of the iron, and asked Moore to weigh it again—he did so, and Mr. Gordon showed him a ticket he had, and said, "How do you account for this? you have 1 ton 12 cwt. 2 qrs."—Moore said, "It was done by arrangement," or something to that effect—we left them, and no further notice was taken—I went back two hours afterwards; Moore was there, and it was then that this piece of paper was given—Mr. Gordon said, "Will you put the correct weights down of the four loads you have received?" and he asked for it to be re-weighed—I saw this railway book referred to—I took Moore in custody, and read the warrant to him—he said, "I don't see that I have done anything wrong; I have done it innocently."
Cross-examined. Moore at once gave Mr. Gorden the correct weights, and did not appear to think he had done anything wrong—he did not say that it was customary to give the weights that were asked for—he said it is usual between buyers and sellers to do this—he did not tell me he did not know who was the buyer and who was the seller, or from where the iron came—I went to hear the explanation that Moore gave to Gordon, and I listened to it—he did not say he did not know who the seller was—I have no note of the conversation—I think Gordon said he was very sorry for Moore, and he was a very foolish fellow—he did not say, "I shall have to lock you up to make a case of conspiracy," or that he was sorry
for him because he should have to charge him—I cannot say why he should be sorry—I believe his conduct was not reported to the company—when he was arrested he was allowed out on bail, and he was taken into the company's service again on Friday last.
Re-examined. Young Butler was taken on a warrant; the Magistrate did not think fit to commit him for trial, and Mr. Gordon did not insist on his right of indicting him.
"WILLIAM RICHMOKD . I am goods agent at the Poplar Station of the Midland Railway, and have the control of the West India Dock Depot—I was subpœnaed here to-day, and have brought book B" and this card of the weighing-machine, and the counterfoils of the tickets delivered out by Wiseman's driver—the book is in Moore's writing—there are numerous instructions for the weigh-bridge clerk; one is that the company will be summoned for a defective machine—it also states, "The wagons must be brought to a stand on the machine," and the clerk will fill up the ticket with the name of the driver and the weights, and hand the ticket to the driver of the vehicle—the charge for traffic not carried on the railway is 2d. per ton, for which anybody can bring down a wagon and weigh it, even if it has not come by rail—Moore was the clerk in charge—I have the book corresponding with the counterfoils—two entries to Wisemen's driver on the 25th and two on the 26th are entered falsely; the weights do not correspond—no clerk has authority to make a difference of a ton in one load of iron—there is no custom of falsifying the weights—in the original columns the payment corresponds with the counterfoil—that is false; if any addition had been made the company would have been defrauded of 2d. a ton, which would have been a robbery of the Midland of 8d.—his employers are not awaiting the result of this trial—the directors meet at Derby—he was not discharged—this little book has to do with the Midland Company; it was used for one item in 1889; there is a total omission of the year 1890—Wiseman's entries are all the weighings we have had; there are a great many more than are in this small book, but we don't charge for weighing coal—I have access to the small book as often as the man weighs for the public—he accounted for these four entries next day—he paid the whole of the money on the night of the 26th—I did not receive the 3s. 8d. from Moore—I cannot say whether it was written up after the Police-court—the counterfoils are initialed by Moore.
Cross-examined. The counterfoils show the false weights and the true put down by Moore; they show 3 tons 12 cwt 2 qrs. and 4 tons 12 cwt. 2 qrs.—he has handed over the true weights to the company, and that was verified by the cashier—Moore has been in the company's service sixteen years, he entered as a boy—this was the second transaction since I have been there of traffic other than coal, and on both those occasions he accounted accurately for the money he received—I have thoroughly investigated the case, and am perfectly satisfied with his conduct in every respect—he is married—the Dock Company do not prosecute—the weigh-bridge man would not know the name of the purchaser or the seller; no document is supplied to him—we should not allow him to pay in what was not the correct weight.
Re-examined. These tickets are vouchers to be used in the weighing—I do not approve of his issuing false documents; I said that his conduct was thoroughly satisfactory up to that time—there is one weighing
of material not coming over the line, that was in November twelvemonths—I have not studied the book, but I should say there is not another instance of the entry of the true weight and the false—I do know when this was done.
The prisoners received good characters.
LONG— GUILTY . To enter into recognisances to come up for judgment if called upon.
MOORE— NOT GUILTY .
The JURY considered that very lax business transactions had been carried on by Messrs. McDougall.
For cases tried in Old Court, Thursday, see Essex and Surrey cases.
NEW COURT.—Thursday, April 24th, 1890.
Before Mr. Recorder.
MESSRS. MURPHY, Q. C., and GRAIN Prosecuted; MESSRS. COCK, Q. C., and MUIR Defended.
JAMES HENDERSON . I am clerk to the owner of 3, Queen Victoria Street—the prisoner has occupied three offices on the third floor there for nearly two years, and is there still—the Financial Observer and Mining Herald is the name on the address-board downstairs, and by the side of the door of those offices.
Cross-examined. I believe the premises are let under an agreement in writing.
WILLIAM JAMES THOMAS . On 11th February, 1890, I purchased this pamphlet for 2d. at the offices on the third floor of 3, Queen Victoria Street—I saw a male and a female clerk there—I saw the name Financial Observer on the door—I saw other pamphlets of a similar kind from which this was taken—I afterwards gave it to Mr. Dunning.
Cross-examined. Mr. Dunning asked me to buy the pamphlet for his use—he did not say he proposed to take proceedings, and I had not the faintest idea of it—I put on it, at Mr. Dunning's request, "Purchased by W. J. Thomas, from a young lady in the establishment, on Tuesday, 11th February, at three o'clock in the afternoon"—I saw the contents—I had never seen it before, nor heard of it—I do not know how soon after I got it proceedings were taken—I joined in the information at the Mansion House, about 14th February—I was in no employment at this time-at the latter part of February I was in the habit of going to Ralph Heath and Co.—they were Mason, I believe. (MR. MURPHY objected to any cross-examination as to the truth of the alleged libel, as no plea of justification had been put upon the record. MR. COCK said his cross-examination went to the credit of the witness. The RECORDER said that if that were so he could not stop the cross-examination.)—I have not read the pamphlet—I have never been in the constant employment of Ralph Heath and Company, or Mason—I have written letters for them, and used their office for that purpose—they are outside brokers, stock and share dealers, and have been established for some years, I believe; I could not say Mr. Dunning used their office for his business as outside broker—his name was not up—Ralph Heath and Co. was the only name-up;
Mason was the tenant, so far as I knew, and traded in that name—he was editor of the Financial Critic—I was paid nothing fixed for writing letters; Dunning paid me a trifle out of his pocket whenever he felt so disposed—I have not read the pamphlet.
The registration of the "Financial Observer and Mining Herald," and a copy of the paper containing a leaderette on the subject of the prosecution, were put in and read.
JAMES FOSTER DUNNING . I was formerly a member of the Stock Exchange—on 16th October, 1878,1 failed in consequence of the Glasgow Bank failure—subsequently I have done business as an outside broker, almost up to the present time—I was in my own name till 1886—then I took an office in the name of James Braithwaite, at Tokenhouse Buildings—I had a clerk named Band, for five or six weeks—I discharged him for opening my letters; I found my money wrong—from that time I have had no connection with him; he left very suddenly, and I am told he is in America—up to January, 1887, I gave the Financial Critic their Friday closing price lists, and any Stock Exchange business they had I attended to—the paper was the property of the City and Counties Publishing Company—that business terminated in 1887, and from that time I had no connection with the Financial Critic—I never levanted from anyplace that I know of—I have never been a, party to an action in the High Court about shady bill transactions; I know nothing about bill transactions—I have not been wanted by the police—I have never been put of London for a week.
The alleged libel was read in the opening speech.
Cross-examined. (At the beginning of the Cross-examination, MR. MURPHY took the same objection, that the truth of the alleged libel could not be inquired into. MR. COOK replied that he must cross-examine the witness as to his credit.) I have read the pamphlet—I do not know if the effect of it is that Beall and Mason, with a number of so-called branch establishments in the same building, carried on a system of plundering by means of public companies—I don't know the effect of it, I am only interested in the part that relates to me—I was not one of the suggested branches—I did not read the pamphlet as early as 4th June, 1889—I did not know it was published till January this year—I never remember giving a proof to Mr. Greenop, the solicitor for the plaintiff in an action of Howard against Beall, and Mason for fraud—I had a subpoena about a year before the case came on—I was in Fleet Street when the case came on—I have taken these proceedings for the vindication of my character—I am finding money for the prosecution; no one else is—I don't know Mr. Cohen—I have a banking account at the London Provident Bank in Moorgate Street—I believe Mr. Beall is here—I gave part of this proof about my connection with the Financial Critic, and Mr. Beall's direction of that office, to Mr. Greenop; not all of it—I did not see Beall for weeks after I was on the paper. (Extract read:. " the City and Counties Publishing Company was a blind, and was registered in order to conceal Beall's connection with the paper")—I did not say that in substance; it is supposition from what I said—there were a lot of people at the office, shareholders and debentureholders—I swear I did not give Mr. Greenop that information about Beall, Mason, and Scott. (MR. COCK read another extract to the witness from his alleged proof in the action of Howard v. Beall and Mason; it said that Admiral Howard came to
the office to sell Portuguese bonds, in consequence of advice published in the"Financial Critic;" that Howard left the bonds to be sold, and wanted advice as to reinvestment; that the witness told Beall, in Mason's presence, he thought of reinvesting the money in the China 7 percent Loan, and that Beall said, "Nothing of the sort; don't be a b——y fool; we can have this money ourselves; put him into the Britannia Iron and Steel Boiling Mills and the Automatic Boiler-feeder)—that account is a mixture—I sold the Portuguese bonds to Stevenson, on the Stock Exchange—I did not know the trial was on—I heard from Mr. Greenop that I was seen in Fleet Street on the day of the trial—I did not know the trial was postponed for my attendance—I believe I first saw the pamphlet on 11th February, when I sent Thomas to get me one—I had seen the same matter in the paper two years before—I went and saw the prisoner—he did not say to me, "If you will give me in writing any matter which you say is untrue there, and satisfy me it is untrue, I will strike it out of the pamphlet;" he ordered me out of the office—probably I have left some of my addresses with the rent unpaid—I have not bolted from any landlords—I only left one place without leaving an address—I was tenant of Mr. Gascoigne, Sterling Road, Clapham, for my brother-in-law—I agreed to rent a butcher's shop and premises at £32 a year for him—I don't remember giving a cheque for £4 as par payment of the first quarter's rent, which was returned dishonoured—very likely I wrote to Gascoigne, explaining that unforeseen difficulties had prevented my paying the rent—it was after the libel was published, I suppose—I don't know whether I told him where I had gone; he was never my landlord—I wrote saying no course was open to me out to offer the key and the fittings and fixtures—I deny that I had levanted from there; I have been in the City of London every day since—the landlord took the whole fittings and fixtures, which would pay the whole year's rent—I did not "disappear"—I don't know if I gave Mr. Gascoigne my name and address—I took the house, 3, Warwick Road, Anerley, for three years, at from £24 to £26 a year rent, from Mr. Steer, a builder and contractor, at South Norwood—I don't know if my furniture was moved from there at 9.30 on 26th January—it was removed at the end of January, 1888, under a bill of sale, caused by this libel, I found afterwards—I don't know if I still owe Mr. Steer for rent—I took the office at 4, Tokenhouse Buildings, at £40 a year, from Messrs. Dove—I paid three quarters' rent—I did not leave—I gave them notice of where I was—I have an action pending against them for damages—they had two keys; they let Band, after I discharged him, an office opposite mine, and he got into my place with a key in the morning, and got my letters, and got three cheques amounting to nearly £200, and absconded to America; and I gave Messrs. Dove notice I should not pay unless they put a new-lock on the door—I paid no rent for twelve months, during which the office was locked up—I saw Messrs. Dove many times; I believe they had my address—I put a padlock on the door—I don't remember giving Hawkes a cheque to buy cigarettes, from Mr. Toll, get change and give it to me—Hawkes had the change, I don't remember the incident—very likely this is my cheque—I don't know Mr. Toll—I believe I stopped this cheque, it is marked "Refer to drawer"—I don't think I got the money—I don't think I asked Mr. George Chapman to cash my cheque for £5, telling him I had just paid into my account tome country cheques which would not be cleared—he never had
£5 if he is the man I mean—I don't remember if lie gave me £5 for a cheque on the British Mutual Banking Company, Limited—that was my bank—I don't know the man you mean, I know half a dozen Chapmans—I had no complaint or communication in writing about it—I don't remember the transaction—Logie opened an account at the London and General Bank with me, to carry on a branch business for the purpose of adjusting fortnightly Stock Exchange accounts—I was the superintendent, on the ground that I had considerable influence with stockbrokers—he paid in £30 to start the business—I paid in a bill for £25 drawn by Anderson and Company, and part of the £30 was my money—I believe Thomas had something to do with Anderson; I don't know what—I got the bill from Thomas, and paid him £23 for it—it became due on 22nd January—I did not draw on that account for £9 11s., and put £7 11s. into my own pocket; the £7 11s. was my own money—through Beall, as my solicitor, I sued the acceptor of the bill in the Mayor's Court—I got judgment, but no money; the man is in Liver pool—I know Foster, a draper, of South Norwood—that and Charles Tarry's are my wife's affaire—all my misfortunes have been caused by this libel; I have only just found it out—it was published in the newspaper before it appeared as a pamphlet; I don't know the date of its appearance—I never had anything to do with bills—I have since heard an action was tried in the High Court, and reported in the papers, in which a man named Dunning, who had a clerk Rands, was accused, and was afterwards found by a jury to have forged a bill; I did not see the report—my clerk was Rand; the defendant knew that perfectly well—since I laid the information at the Mansion House, and before my solicitor opened the case there, I have been informed of that bill transaction, and that they had mistaken me for someone else in the matter—I could not say who told me about it; Mr. Legge told me.
Re-examined. I had nothing to do with that bill transaction, or John Dunning, or Rands—I have since heard from my solicitor that a John Dunning was tried at this Court—I am not that person; I don't know him, and never heard of him—the so-called mistake was made in mixing up my name with-him in connection with that transaction—I don't know that I was in difficulties at Norwood before the publication of the libels; I raised money on a bill of sale to pay my City creditors—I had one or two very bad losses through Rand getting into my office and stealing cheques, and I struggled through the bill of sale, and was sold up—I have an action pending against Dove in regard to the two keys to my office—I gave Dove notice, and had a padlock put on my door, and took proceedings as soon as I could—the statement that has been read to mo is not true in many particulars—I had no subpoena when Howard's action came on—if the statement was taken from me, it was taken in March last year; there are a lot of discrepancies in it—I was never in a case of Beall's, or present at the trial—the whole of the particulars of the case took place before I knew or saw Beall—when I told the prisoner I had not levanted, I was to be seen in Old Broad Street every day, he ordered me out of his office and said, "I don't care who or what you are"—that was a few weeks after the libels were published, before it was put into pamphlet form.
NOT GUILTY ,
The Prosecutor was ordered to pay the costs.
MR. BODKIN Prosecuted; MESSRS. BESLEY and A. GILL Defended Peters, and MR. P. TAYLOR Defended Millington.
ARTHUR JOHN PETERS . I am living at a coffee-house in Chelsea—I have been a steamship steward; my last trip was on the Arawa—on 19th November I was discharged from that, and nave not been in any similar employment since—the prisoner Peters is my wife—on 19th November I married her at a registry office—a woman named Seymour and the prisoner Millington were present—I had known Peters since about August—she was then living at 47, Milton Terrace—Millington lived in that house as a lodger—after our marriage I became the occupier of that house, and my wife lived with me, and Millington continued there as a lodger, my tenant—a servant named Scrivener was in my employment—in November I had £400 in the London and County Bank at Aldersgate—on 18th January I drew out that £400—£250 of it was in two bank notes of £200 and £50—after my marriage I found my wife and Millington were too familiar together—I spoke to her about riding in hansom cabs with him; she made no reply—from 10th to 24th January I lived with Bertha Seymour at the Portland Hotel—my wife told me to go; she told me to clear out, and said I had been nothing but a worry to her since we were married—I sent my wife £3 by a cabman on the day I left her, but I had no idea then of leaving her; I was going back that night—I was responsible for the rent of our house—on 24th January I met my wife at the Aldersgate Bank; she asked me to come back with her, and I did so that day—I asked her on the Sunday to go and get some luggage from the Portland Hotel, where I had been living—she did so, and brought it back to me—she knew that I had the cash I drew out on the 18th—on the 27th January she asked me to let her take care of it, because I was going out that night—she only had possession of it that night—she gave it back to me on the 28th—I did not give it back to her again at all after that—I used to carry it about in my breast pocket in a leather wallet from 28th January to the morning of 5th February—I remained as occupier of 47, Milton Terrace up to 1st February—then when I came back from town she told me she had got no apartments, and that she should go to some friends named Anglis, and I could go to an hotel—I went to the Grosvenor Hotel till Monday, the 3rd—on Sunday, 2nd February, she called on me twice at the hotel—on Monday, 3rd February, I and she went into fresh lodgings at 2, Gunter's Grove, occupying a bedroom on the top floor and a sitting-room on the ground floor—I there kept the wallet with my bank notes in a collar-box that was in a clothes box, in our bedroom—I had one key to the box and my wife the other—she knew at Gunter's Grove that I had the money there—my clothes and hers were in the box, linen—on 4th February Millington came to Gunter's Grove about half-past eight, with Anglis and his wife after I left Milton Terrace I believed Millington lived with Anglis—on 4th February he stopped with us from half-past eight till half-past eleven or quarter to twelve in the evening—my wile was there—all Jour of us left to have a drink—I and my wife returned to our house and slept together—next morning, 5th February, I told my wife I was going out to make negotiations for a public-house business—I had received cards
from Charles W. Biggs and Company to view a public-house—she said very well, she should go and have her dress dyed; and she said, "You will be home about five, I suppose, and so shall I"—she left ten minutes or a quarter of an hour before I did, taking a parcel with her; the dress to be dyed, I supposed, it to be—I went out about my business; I returned about half-past four or quarter to five—I did not find my wife in—I waited till seven for her, and then went and had dinner; at nine o'clock I returned—I went upstairs to the bedroom and looked in the box, and found that the wallet with the money had disappeared—I had put the wallet and the money in the box the night before, and on the morning of the 5th I had taken a £5 note from it, leaving the rest of the money safe there—when I found it gone I only had the £5 note left; I had no more money at the bank—after that, from something I heard, I made inquiries of Anglis, and I sent a letter to a photographer at Brighton—my wife never came back—I went to Mr. Sheil, at the Westminster Police-court, and applied for a warrant; it was refused—I went to Mr. D'Eyncourt with Sergeant Richardson, and then a warrant was granted—on 5th March I heard my wife was in custody—I attended at the Police-court and gave evidence—I gave my wife no authority to take that money—on 5th February I was actually in negotiation to purchase a public-house, and I had no other money than that £250 with which to purchase it.
Cross-examined by MR. BESLEY. I knew my wife was a, fast woman—in August last year I met her at the Spanish Exhibition, and went to her lodgings and slept with her the same night—that was my first knowledge of her—I knew nothing of Seymour at that time—my wife was a woman of the town—I remained in town about a fortnight in August—I only slept with her one night—I swear I did not drink much then—I went away in the Arawa, and when I came back I searched her out, and slept with her for about a week, and then married her—the loss of the £250 left me penniless—I lent my brother £300, but I cannot get that back for seven years—the debt is secured by a promissory note—he has not offered to give me back £150; lam left penniless—at the time of our marriage my wife was living at 47, Milton Terrace; I spent the week before marriage there with her—I did not promise that if she would marry me and abandon her profession I would give her something to keep herself—I was taken ill after marriage; after her illness—I was not ill with drink—I said before a Magistrate that a doctor said I was ill from drink, but I was not—I have been drunk at times, but I was not generally drunk—since my marriage I have been drunk once or twice, but I was not given to it—I was not under Dr. Webb; I had a bottle of medicine from him for a cold—he attended my wife—he asked me if I drank, and I said no; that was true—I attempted to cut my throat one night when sober in December—I was driven to it through my wife going about with other men—I attempted suicide a fortnight after I came back from living with another woman to my wife; it was in January—I said at the Police-court, "The use of the razor was merely done to frighten my wife"—I daresay if I had not been stopped I should have cut my throat—I swore before the Magistrate I did not mean to do it—my servant took the razor from me, and her fingers were cut; that was not because of my determined resistance to prevent it being taken—I only gave the £250 to my wife one night, and received it back the next morning-I
parted with £50 as a deposit for the public-house, that was forfeited—I had agreed to employ Millington as barman there—Seymour nursed me when I was ill—I arranged without telling my wife that she should go to the Nelson in Great Portland Street—I did not tell her I was going for a fortnight—I went when she told me three times to clear oat of it—I bought the wallet—I never said Seymour bought it for 4s. 6d., and gave it to me—I did not write to my wife when I was with Seymour—I did not give Seymour £25; the hotel bill came to that—I gave her a dress that cost 18s. 6d., and that was all I gave her for the fortnight she was with me—my wife happened to meet me at the bank, there was no appointment—I had been away for a fortnight—I went home with her from there—I sent a £50 note to the hotel for the bill, and two days afterwards received back a cheque for £25—I left Seymour adrift—I went to the Nelson Hotel with her on 10th January, and went to the bank on 24th January—my wife had had £3 from me at that time—Seymour came to Milton Terrace; there was a row, and my wife gave her a black eye—on Sunday, 26th, I, Wallace, a Guardsman, and my wife dined together at Milton Terrace—on the 27th I gave the money to my wife—she had a key of the box it was in as well as I—some of her clothes were there—I have only seen Seymour once or twice on business since this case has been going on—I did not see her after I had been to the Magistrate—I applied to Mr. Sheil four days after my wife's elopement, about 10th February—the police did not take the case up for a fortnight afterwards—I went to the police four days afterwards, at Walham Green—Millington was not lodging with Anglis then—Mr. Sheil said when I found them I was to look them up—I did not find them till I got the warrant—I never told my wife to leave me—I said at the Police-court, "I don't consider my living with another woman was a matter for my wife's for giveness," as I knew she had lived with another man after my marriage to her—I had only £400, including the £250, from the beginning—I lent my brother money from another account I had at the London and South-Western Bank—this is the first time I have mentioned that—£700 was the gross amount I had—I have no means to employ a solicitor in this prosecution—I did not say to my wife, "You had better keep the £250 for yourself, and do what you like with it, you might give me £1 or £2 if I want it"; I was not such a fool—it was not likely I should give her £250, and leave myself penniless—I did not say to her, "Burn the wallet, because Bertha bought it and gave it to me; she gave 4s. 6d. for it"—she did not say, "I shall want the money to live with if you keep on deserting me as you have done"—I did not say, "Yes, keep it, it will keep you from starving."
Cross-examined by MR. TAYLOR. I first saw Millington two or three days before my marriage—I had never met him in the house before—I was taken ill on the 7th January—Seymour was a witness at our marriage—she came frequently to see my wife, not me, between the marriage and the 7th January—she attended me when I was ill, because my wife could not or would not—next day I went out for a drive with Seymour at my wife's request; she told me to go; I asked her to go; she could not, and told Seymour to go with me—Seymour attended me that night when I was in bed, because my wife was out—next day Seymour went out with me at my wife's request—on the 10th January I went with Seymour
for a drive—on my return I did not tell my wife to go to a music-hall with Millington, and say I was going to a music-hall with Seymour—I did not send her the message by a cabman—I sent her £3 by a cabman that night, about six or half-past six—I did not then intend to leave her—I should not have gone back to the terrace that night as I did if I had—I was drinking with the cabman; Seymour was also there when I sent the £3—I had not then arranged to leave with Seymour—I went back to 47, Milton Terrace that night at quarter to twelve; my wife was not there—I did not leave a note for her—she drove up with Millington and told me three times to clear out of it, and the third time I took her at her word, and went off with Seymour—I don't know if she had come from a music-hall—it is not a fact that when she came, back and met Seymour, Seymour began to abuse her and call her a cow, and so on; there were no words at all in my presence—my wife saw Seymour there—I went off alone; Seymour was thrown out of the house—I met her later on at Walham Green, walking about the streets, and I made an ass of myself by going away with her—she told me what had occurred—I sent my wife the £3 for that night for her expenses, as she had not enough to carry her over that day, and I went to the bank and got some—I did not send her that because I had made up my mind to leave her—I know my wife had to pawn almost everything in the house before I saw her again in January, and I know why she had to do so; because I only left £3—I don't think she went to the Aldersgate Bank every day to try and find me; she told me she did—she met me there by accident on the 24th—I was with Seymour then—I frequently dined with my wife and Millington together; we were very good friends together—Wallace dined with me and Millington and Seymour, and he dined when I was away—I did not go out with him several times—on Sunday, 26th January, Wallace dined at my house with me, Millington, and my wife—I left that evening with Wallace, and remained out that night—my wife found me at Kensington Barracks next day—I don't know if Millington took her there to find me—I was not recovering from the effects of drink—we were all sober—I was suffering from piles, and did not take much—it is untrue to say, "All were sober except the prosecutor"—I was sober at the barracks—it might have appeared I was not sober, but I was not drunk—when I had money my average expenditure a day was not £5 or £6—my wife did not ask me to be careful about it—there is no truth in the suggestion that I gave it to her, saying, "Take it for yourself"—when Millington was in my wife's company I frequently paid for drinks—I looked on him for some time as a person I cared to associate with—I swear I did not know his relations with my wife—I did not see familiarities between them shortly after our marriage.
Re-examined. Wallace was a private in Kensington Barracks—before he dined with us, about the end of January, I had heard my wife mention his name—he was known to her before then—I found out where my wife and Millington were from the photographer and Anglis, and then I applied again to the Magistrate, and a warrant was granted—I was discharged in October, under this certificate marked, "Conduct V. G."—there are two other certificates from the ss. Liguria marked, V. G.—after my wife had gone with my money, I had to walk the streets for over four nights, and then my brother in Exeter sent me money and
I had to go to a coffee-house—on 20th December I tried to cut my throat—I was driven to it, because my wife was driving about with Millington—I asked her that night to stop at home—I had no legal representative at the Police court—Mr. Dutton was cross-examining me for hours together.
ANNIE SEYMOUR . That is the name I go by in town—I live at 27, Grove Avenue, Walham Green—I was asked by Millington to be present at the marriage of Mr. and Mrs. Peters on the 28th November, and I went to it—after that I stayed in the same house with them—Mr. and Mrs. Peters, Millington, myself, and the servant Scrivener were living there—one morning in the breakfast-room Millington, I believe, said to Mrs. Peters, "As soon as you get the money we will go away"—it was said the money was in a cash-box; I could not say who said that—each of them had a key—a telegram was to be sent, and Millington would get a telegram from Peters' brother, so that they could get away clear—I asked him how he was going to manage it—Millington only made the answer I have mentioned—Mrs. Peters' son, aged nine or ten, was to be sent on before they went—I attended to Mr. Peters on 7th or 8th January when he was ill—on 9th January I went out driving with him; we came back between five and six—next day Mrs. Peters asked me to go to the bank with Mr. Peters, because she was going out with Millington—Peters sent his wife £3 in an envelope by the cabman—we went back to Milton Terrace in the evening, between 12 and 12.30—just as we got out of the cab a dog flew at me unmuzzled; Peters took my part—then the prisoners drove up in a cab, and a row began between the four of us—Mrs. Peters said Peters was drunk; he was not—she told him to go and he went—I went back into the house, and then Millington turned me out—eventually I went that night with Peters to the Portland, and stopped there with him till 24th January, fourteen days—I was not at the Aldersgate Bank when he met Mrs. Peters.
Cross-examined by MR. TAYLOR. Mrs. Peters said we were to go together—the note, sent with the £3, said that I was taking Mr. Peters to a music-hall, as she wished to go with Millington somewhere—it was to oblige Mrs. Peters I took her husband to a music-hall—I was introduced by her to him—I knew her before her marriage as a fast woman, like myself—she was kind to me to oblige her own convenience; she gave me a jacket—she did not take me in after I had been ejected from my lodgings—I did not owe £8 rent—she took me in for me to oblige her by being her bridesmaid, and afterwards she asked me to stay at the house—she gave me 1s. or so, perhaps at Christmas—I lived there and waited on them—I am not vindictive against the prisoners—I was never drunk with the prosecutor—I was taken up outside the Westminster Police-court after the last occasion I gave evidence there; it was not for being drunk—I and Scrivener were fined 2s. 6d. each—we were both going home; we were not drunk—we stayed in prison till our time was up—I never saw Mr. Peters drunk; I don't say he was always perfectly sober; he was excited when the others drank—I believe the conversation was spoken of to Mr. Peters after I left—I cannot say that when I was in the house attending him I told him what I had heard his wife say to Millington—before I swore the information I had not seen Peters several times—I had seen the detective—I saw the detective first when he called on me for my
evidence—I was living at Shelbert Road then—Peters was not with me—he had never been with me since we returned in January—I never saw Mrs. Peters at the Ratcliff Arms; I saw her on a Tuesday night at the beginning of February outside the Goat and Boots—we did not speak to each other that night—I have never spoken to her since she blacked my eye—I did not know Peters had left his wife with £3 when he was at the Portland Hotel with me; I did not know his affairs—I got one 10s. from him when I was living there, for waiting on him—I got nothing for stopping at the Portland Hotel with him—we never had champagne in the middle of the day—I was not with him when he went to the bank; I was at home—I did not make it my business to get him under my influence from the time I went into the house—I warned Mrs. Peters on her wedding morning to give up Millington, and I also warned Millington—I stayed with them afterwards till the 24th—I did not tell Peters of the conversation I heard because we were threatened, until after I received my black eye.
Re-examined. Millington came to me two or three days before the wedding, and said Mrs. Peters wished to see me, she was going to be married—I had known her two or three years—she was leading the same life as myself—I begged of her to give up Millington, and he begged her to give up Peters, and not to ruin two lives—on the morning I went to the Portland Hotel, I left Millington and Mrs. Peters in the house—I knew from Mrs. Peters that Millington had lived at Milton Terrace for some time before the marriage.
MINNIE SCRIVENER . I am a servant, at present out of employment, living at 27, Grove Avenue—I was servant to Mr. and Mrs. Peters from about 25th November to February—towards the end of January, Mrs. Peters said something about leaving Milton Terrace—I asked her what she would do with regard to her husband; she said he could find a place for himself—Millington came in during the conversation, and said, "Never mind about him"—I said he was not to be left without money; u You are not going to leave him penniless, are you?"—Millington said, u we will leave him with a little tanner, won't we? and he can go to sea again"—they said they were leaving two days from that day—I don't know the date exactly; it was towards the end of January.
Cross-examined by MR. TAYLOR. I am not a great friend of Seymour; I was never her companion—I was not in her company when we were convicted at "Westminster Police-court—I was not drunk then—I was charged with something—I was not frequently drunk when I was with Mrs. Peters; they were—I was never drunk—I have not talked this case over frequently with Seymour; I never saw her till I was fined with her—I never gave any information to Mr. Peters about what I had heard, because I was afraid of the prisoners, who often threatened me if I said! anything to him—I have not said before that I said, "You are not goings to leave him penniless?"—I made no note of the conversation, and never spoke to Mr. Peters—I never saw him drunk; I don't know about him being sober—I am living at 27, Grove Avenue now; Seymour stays with me there at present.
ANNIE SMITH . I am chambermaid at the, Old Ship Hotel, Brighton;: the prisoners came there on 5th February, living there as man and wife in the same bedroom, as Mr. and Mrs. Coleman, and left on the 12th.
Cross-examined by MR. TAYLOR. I do not recollect who paid the bills.
ROSE LOUISE GROSE . I am the daughter of the landlady at 2, Gunter's Grove—Mr. and Mrs. Peters were tenants there—on the morning of 5th February Mrs. Peters came down and asked me where there was a dyer, as she was going to have a dress, which was in her hand, cleaned—she said she was going to see some friends, and would not be back till five or six, and her husband was going to the City on business, and be would be back about the same time; she went away about 10 or 11 a.m.—I did not see her again.
FREDERICK WALLACE . I am a private in the Grenadier Guards, Wellington Barracks—I have known Mrs. Peters about four months—on 24th January I went with Mr. Peters to 47, Milton Terrace, I believe, I cannot say the date exactly—I went one day in' January, and had dinner at Milton Terrace with Millington and Mr. and Mrs. Peters—Mr. Peters came to the barracks one day; I don't suppose it was after the dinner.
Cross-examined by MR. TAYLOR. On 27tn January when I dined with them we were all sober, except the prosecutor; after dinner he went with me for a drive; Mrs. Peters and Millington went out before us—it was on Sunday—I could not say that the next day at the Kensington Barracks he was intoxicated—two days after, on the Tuesday, I went to Milton Terrace and asked Mrs. Peters if she would return Annie Seymour's clothes—after some conversation Mrs. Peters said to her husband or in his presence, "There is the man; if he wants the woman let him go for them himself"—I said at the Police-court, "If not in drink he never appeared to be sober; he was not in possession of his senses"—I have not seen him and Seymour tipsy together, nor drinking together—I am a friend of Seymour's—I don't think I ever saw him in her company.
PATRICK MCGOWAN (Police Sergeant B). At three o'clock on 5th March Mrs. Peters surrendered to me at Mr. Dutton's office—there was a warrant for her arrest—I took her into custody without the warrant, as it is a case of felony—I told her the charge was for stealing on 5th February £250, the property of her husband, from 2, Gunter's Grove—she said, "I did not steal the money, he gave it to me."
Cross-examined by MR. TAYLOR. Mr. Dutton, her solicitor, gave us information about her—I did not see the letter he wrote.
Re-examined. She had no money on her.
JOHN RICHARDSON (Police Sergeant B). About eleven o'clock on 12th March I arrested Millington in a public-house near Rochester Row Policestation—I had previously that morning seen him outside the Court—I told him he would be charged on a warrant with conspiring with Louisa. Peters and stealing £250 in notes, the property of her husband—he said, "All right, don't hold me; I will go quietly"—I took him to Rochester Row—the warrant was read to him; he made no reply—I searched and found on him this document: "Louisa Peters,—I entrust to Mr. R. J. Pettitt the sum of £50 as surety for his being bail for me, the same £50 to be returned to me on my appearing to the recognisances at Westminster Police-court, March 12th, 1890."—I found no money on him.
ROBERT PETTITT . I am a cab proprietor, living at Star House, Fulham—about 6th March Anglis gave me three £20 Bank of England notes; I returned him £10—we had some conversation about the money—subsequently I went Bail for Mrs. Peters in the sum of £100, for her to appear on the remand at the Police-court.
The Prisoners' Statements before the Magistrate.
Louisa Peters said that the £250 was given to her by her husband on 27th January, at eight o'clock, before she left him; that she had no thought of leaving him at that time; that she told him on the morning before she went that she was going to leave him, and asked him if he wanted money; that he said he did not; that she left him because of his cruel treatment to her, and Ms conduct with Seymour.
Millington said that he was present when Peters gave his wife the £250 on 27th January; that he had no thought or intention then of going away with her, but that on that day it had been finally settled between him and Peters that he should be engaged as barman at a public-house, which Peters was thinking of taking, and that the money was given absolutely to Mrs. Peters.
ARTHUR JOHN PETERS (Re-examined by MR. TAYLOR). I saw Anglis on the evening of the day my wife left me—I asked him if he had seen my wife; he said he had not since the morning:—I called on him next day—I said, "She has bolted with my money"—I did not say, "I gave it to her"—I said she had taken it from the box—I went with him to Mr. Williams's house—I did not there make a statement that I had given my wife the money—Anglis did not frequently drive me and Seymour about; he drove us about three times, I think—he drove Millington and my wife more frequently—I told "Williams, on 6th February, that had run away and taken all the money with her; I did not tell him I gave her the money.
Witnesses for the Defence.
SAMUEL ANGLIS . I am a cabdriver, of 69, Blaenfontaine Avenue, Shepherd's Bush—on the evening of 5th February, Peters called on me and asked if I had seen his little woman—I said, "Yes, this afternoon"—he said, "She has not come home"—he asked me to go with him and look for her—we went to New Cross—on the Wednesday morning he came and said, "I would not mind so much, only she has gone with all the money"—I asked him how she came by it—he said, "I gave it to her"—I said, "The more fool you," and I went with him to New Cross to try and find her—he had said it, too, when I went with him to see Mr. Williams, her father—he said nothing about a box at that time.
Cross-examined. He did not mention the amount of money—this was on 5th February, Wednesday, I think—I told this to Mr. Dutton on about 5th March, when Mrs. Peters was charged—I attended each time at the Police-court, but was never called—I took no note of the conversation—I did not know the prisoners before the marriage—Millington gave me no money—I took the money I gave to Pettitt out of Mrs. Peters's pocket—all she had were the three £20 notes—I put them in the wallet—I have been in the habit of driving Mrs. Peters and Millington, and Peters and Seymour, to different places—I came to know them by being on the rank at Walham Green—Mrs. Peters introduced me to Millington as her brother-in-law about a week after Christmas.
Re-examined. I was continually driving Peters and Seymour about, to Richmond to dine, and to Scott's, in the Haymarket, to dine, and to Short's, in the Strand—they stopped at the Portland Hotel when they were living at Milton Terrace—I drove them to Scott's, and so on, three times; it was about the beginning of January.
Terrace—I never was particularly happy with him; I never could get any sense out of him—I accused him of being drunk; he always denied it—on 24th January I met him at the Aldersgate Street branch of the London and County Bank—for the preceding fortnight I had been going there nearly every day—he returned with me that night—Millington and Wallace dined with us one day soon afterwards—on 26th I met Peters at Kensington Barracks—I asked him why he had taken all the notes with him, and he said he did not mean to return to me again—I said, "I don't know what you mean leaving me like this; what have I done now?"—he had all the money with him—he came with me, and we went to the Stores—in the evening when we got home I said I could not make head or tail of him; I did not know what it meant, and I told him he had better give me some of his money for fear he should leave me, and I should starve, and he gave me £250, which I carried about in the wallet, and never parted with again—on my oath it is not true I returned the money to him the next day—he gave me the money, and as he gave me the wallet he said, "Burn the wallet; it was given to me by Bertha Seymour"—Millington said, "Give it to me; she shall not see it"—Peters gave me the £250, and said, "Take that, and do as you like with it; but give me £1 or £2 when I want it"—I said, "I cannot do that; you are always deserting me; I shall keep it"—he said, "Very well; Keep it unless you should starve"—I had no intention then of leaving him—he never had the money again—I left him because of Seymour—on the night before I left I was with Anglis and his wife, and we saw Seymour at a public-house, and she shouted out in the street, using dreadful language, that I had tried to poison my husband; my husband followed me in a cab that night—I did not feel inclined to go to Gunter's Grove again, and I said, "This woman will have me for murder if she can; I will stay with you to-night"—I did so—on the morning of 5th February I said to him, "I am going to leave you, and I shall never return"—I had no thought of leaving him till this woman charged me with trying to poison him—my husband always wanted me to look nice, and I once said to him, "Why don't you buy me a widow's dress and bonnet," and they made a good deal out of it—when I left my husband on 5th February, Millington was not in the house—he was at New Cross, and I sent for him, and asked him to go with me—there was no arrangement before that he should go away with me; it was not thought of—he was supposed to be going into business with us—I wrote a note and sent it—he saw me at Victoria, and did not know where I was going to.
Cross-examined. I had been living at Milton Terrace since July—I did not know Millington till August—I lived with him from August to November—before that I was kept by a gentleman for five years, and when he died I had to do the best I could—Millington was a railway guard before I knew him—he did nothing from August to November; it was my fault—he lived in the house with me—he paid what he could; he pawned his jewellery—when I married Peters he did not tell me he had this large amount of money; I did not know it till after our marriage—I did not know what amount it was—I heard afterwards he had £1,100 left him—Millington continued to live in the same house with me, at my husband's request—after our marriage, and before 1st of February, I often went out with Millington in the daytime; not often to places of amusement; when my husband
was ill in January I was ill myself with influenza—he was about when I was in bed, and when I got up he went to bed—it was my furniture in the house; I kept it till I left home on 5th February—it was not moved to Gunter's Grove; he told me to store it before I left Milton Terrace; he left me to do what I liked with it—I went twice to see my husband at the Grosvenor Hotel—on the nights of 1st and 2nd February I slept with. Mrs. Anglis—Millington was not living anywhere particularly then—I saw him on 1st, not on the 2nd—when my husband was ill he had sleeping powders left with him—I told Seymour to give them to him—I went out on that day with Millington—I left my husband because Seymour was continually insulting me, and I thought I should get into trouble over it—I left in consequence of her conduct—I took no notice of what my husband said about a business—he said on the morning I left he was going to look for a business—I told the young lady I should be back at five or six that day; I did not feel inclined to tell her my business—from the morning of 26th January to the 5th February the money was in my possession, and never left my possession—there was a wooden box in our bedroom at Gunter's Grove; I never saw a collar box inside it—I did not have a key to the box; there was nothing of mine in it; my things were going to be sent on—I was at Brighton till the 12th, living with. Millington in the name of Coleman; then we came back to London—I spent what I thought belonged to me, and Millington lived with me—I did not have any place to live at after we came back to London—after I was charged I went to Anglis's and lived there with Millington; my hand was in a sling, and with my permission Anglis took the three £20 notes from my pocket; that was part of the change from the £200 note—my name was Williams; I have gone by the name of Coleman.
Re-examined, The first occasion I committed adultery with Millington after my marriage, was after Peters went away with Seymour to the Portland Hotel—they made out that I had done so before, but no one could prove it—I went out often with him, but never committed adultery with him till my husband did so—I did not complain to my husband of his conduct with Seymour till he left me—when I was left after receiving the £3, it was necessary for me to pawn my goods in order to live, and my husband got them out when he came back—one night when I came home there was a fearful row outside the house, and I said, "Rather than have this show up, for goodness sake clear away till it is over!"—the row was through Seymour, who was continually showing me up, and making rows.
GUILTY — Eighteen Months' Hard Labour each.
NEW COURT.—Friday, April 25th, 1890.
Before Mr. Common Serjeant.
MR. GILL Prosecuted, and MR. GEOGHEGAN Defended Lyons.
WILLIAM BONNY . I live at Short's Gardens, Drury Lane—I was once in the Artillery, and am now in the Army Reserve—my age is over twentynine, and I have a pension of sixpence a day, paid quarterly—this (produced) is my identity certificate—I left it with Mrs. Lyons in January, as
I owed her some money—on April 1st I received a Post Office order for £4 10s. for my pension—I borrowed two shillings that morning from the barman at Webb's public-house, Whitechapel, and left the Post Office order with him when I borrowed the first shilling—I took too much to drink, and the last thing I remember was going towards Mrs. Lyons' house with the barman, to get it cashed—I saw Mr. Lyons—I went down to the post-office, but did not go in—we missed each other, and I did not see Lyons again till night—the barman was the last person I know of as having the Post Office order—I did not give him or Lyons authority to get the money—I only know Brown by his stopping in the same house as me; I do not remember seeing him that day—I do not remember telling him to sign my name—the money was never handed to me.
Cross-examined by MR. GEOGHEGAN. This is called the ring-paper, on account of the rings on it—I gave it to Mrs. Lyons in January—I ran up a debt with her from January up to the beginning of March—I kept no proper account, but I believe it came to about £3 10s.; I kept a rough account in my mind; it was for tea and coffee, not for tobacco or whisky—I left my address and authorised Mrs. Lyons to take in letters for me—I knew that the postal order was going to be sent to that address; she gave me this postal order over the counter on Friday, in a Government envelope, which was not open—I do not think she saw me open it—I had told her what was coming—I have only got into the hands of the police once when I "had not been drinking tea; I was fined 5s., and Mr. Brown paid the fine for me—I do not know whether he had an interest in this £4 10s.; I had not time to pay him the five shillings—he told me that he had been a soldier—after I got the postal order I went with it to Fontaine's post-office, Middlesex Street—I do not remember going to Osborne's post-office with Lyons; I missed him in Middlesex Street; the barman had the postal order—I am not sure whether the prisoners were with me when I went to Fontaine's; we then came back and went to Webb's public-house—I wanted a drink, and had no money, and the Post Office order may have been left with the barman as security for a shilling—I went with him to Lyons' house; he had the order then; he may have given it to Lyons, but I don't remember—I do not remember going with Lyons and Brown to the post-office, and their refusing to cash the order because I was too drunk, and that Brown went in and got it—I do not know what I had been drinking—I generally drink Irish if I can get it—I had had a drop the night before; I was not on the spree the whole day, only 'as long as the money lasted—I went to Inspector Reed a day or two afterwards and asked him to investigate the charge—I think he said he would not take the charge as I was too drunk to remember anything—I have not paid Lyons since, or Brown "I did not have it to pay—this is the first time my pension has got into Lyons' hands; it is the only time I owed him money—I do not owe other persons money.
Re-examined. I was staying at the Victoria Arms, two doors from Mrs. Lyons, and got food from her—I got this identity paper back from her on April 1, about 3 p.m.; I went to the post-office to make inquiries, and saw it stamped on the same day—Lyons was not present when she gave it to me—I have not had any of the money from Brown or Lyons.
Cross-examined by Brown. I may have owed you 8s. 6d.; 5s. for the fine and 3s. 6d. lent me at various times; I don't remember.
LEONARD MAYS , I am barman at Webb's public-house, High Street, Whitechapel—I have seen Bonny as a customer there—he came there on April 1st, at 8.30 or 8.45 a.m., to have a drink, and wanted credit, and I would not give it to him; I said I thought he had had enough drink already—ho hung about the place ten or fifteen minutes, and wanted to borrow some money—I said, "You must think I am a mug to lend money without getting something for it"—he took this postal order out of his pocket and left it with me as security for a shilling—I gave him two small sodas, which he paid for—he afterwards came with Brown, and I gave him a second shilling on the postal order—about eleven o'clock I said, "You had better come with me and see about getting this order cashed"—and he and I and Brown went to Mr. Lyons—Brown said, "You must get the ring paper before you can get the order cashed"—Lyons said ho would come and see me and pay mo the two shillings I had advanced; and Bonny said, "All right"—when I left, the Post Office order and the identity paper were both in Lyons' possession—Bonny was under the influence of drink, but he knew what he was doing; I would not have served him.
Cross-examined by MR. GEOGHEGAN. Bonny was present when Lyons said that he owed him a lot of money, and did not contradict it—he heard him promise to pay me the 2s., and did not object—he said, "All right," and appeared to understand what was going on—he had no intoxicating liquor at our house.
Cross-examined by Brown. Bonny admitted that he owed you 8s. 6d.
Re-examined. There was no reason why Bonny should not go into the post-office and get his money—I left them about twelve o'clock.
GRACE DRAY . I am employed at the post-office, High Street, Whitechapel—on April 1st Lyons came in and produced an identity paper and an Army order, I cannot say for how much, because I did not look at it—I looked at the height, 6 ft., on the identity paper, and asked him if ho was a pensioner—he said, "No"—I said that I could not pay anybody but the pensioner—he said the pensioner had gone to sea, and went out—that was between eleven and twelve o'clock—he took the order and the identity paper with him, and came back in five minutes with Brown—I said, "I thought you told me the pensioner had gone to sea—he said, "It is a fresh pensioner, I have about half a dozen, and they all owe me money"—I said to Brown, "Are you Mr. Bonny, the pensioner?"—he said, "Yes"—I asked him to sign the money order, but he signed the wrong paper; I told him so—he said, "All right," and signed the money order—I scratched out his signature on the identity paper—I asked Brown how long he had been in the service—he said, "Eight years"—I looked at the identity paper, and it was seven years and some months—I asked him again if he was Mr. Bonny—he said, "Yes"—when he had signed it he gave me the order, and I was going to pay him, but he told mo to pay Mr. Lyons; I said that I could not do that, I must pay the pensioner himself; Lyons called Brown back, and I paid him the £4 10s., and they both left—Bonny came in in the afternoon, and brought the identity paper, and asked if I had paid the order; I gave him some information—he called first between two and three o'clock, I think.
am a police officer, and have a warrant for your arrest for uttering a P. 0. 0. for £4 10s. 10d."—he said, "Yes; that is quite right; I did it; did not think I was doing wrong"—I took him to the station.
Cross-examined by MR. GEOGHEGAN. This is the envelope in which the order was sent to Mrs. Lyons (produced).
WILLIAM PEARCE (Policeman H). I took Brown on 3rd April, and told him it was for forging a receipt for a P. O. order for £4 10s. 10d.—he said, "It is all right; I did not think it was wrong, I was asked to do it; it is not forger, it is my ordinary handwriting.
Cross-examined by MR. GEOGHEGAN. Bonny came and complained to me on April 2nd—I did not know him before—I questioned him, and told him I should have nothing to do with it, as, according to his own showing, he owed £4 0s. 6d., and was trying to cheat them out of the money—he said that it was £3 10s., and it might be more, and that he owed the other man 8s. 6d., and 2s. to the barman—I said, "Why did not you, as an honest man, go down and get it cashed?"—he said, "I had not time"—I said, "You had time to go and get drunk."
Re-examined. I heard Bonny's version; I also saw Martin, and went by what he said—I did not see the other witness—Mr. Bushby granted the warrant, and certified for legal aid—Martin saw the people, and reported to me, on which I refused to have anything to do with it.
Witness for the Defence.
GEORGE ELLIOTT . I am a labourer, of 41, Commercial Street, Victoria Road—I was outside Lyons', shop, and heard Bonny talking to Lyons and Brown; Bonny said, "You sign the order for me, as I am too shaky."
Cross-examined. That was at 12.30 or 1 o'clock—I saw Brown and Bonny together, and Lyons came out and joined them, and they went towards Fontaine's post-office—I had not been drinking with them; I knew them, and was walking past, and cocked my ear to hear what was said—I intended to stop there—I saw them next a quarter of an hour afterwards, going towards the post-office where they are supposed to have cashed the note—I saw them again in the evening, because Brown, Bonny, and I all live in one house; Bonny does not live at Short's Gardens now—I was not aware that Brown had pretended that he was Bonny till they got locked up—I went to the Police-court, but was not called—I get employment in any dock; yesterday I was at work in Billingsgate.
The JURY here stopped the case NOT GUILTY .
NOT GUILTY .
OLD COURT.—Friday, April 25th, 1890, and two following days.
Before Mr. Recorder.
391. JOHN ROBINSON (44), JOHN CHARLES CLARKE (47), and ROBERT HUNTLEY (55) , Unlawfully obtaining a large quantity of goods by false pretences from Joseph Kingham, with intent to defraud Other Counts, for obtaining goods from other persons, and for conspiracy.
MESSRS. HORACE AVORY and ELDRIDGE Prosecuted; MR. SANDS Defended Robinson, MESSRS. STEVENSON and Cox Defended Clarke, and MESSRS. BURXIE and TURRELL Defended Huntley.
ALFRED RICHARD JONES . I live at 44, Greyhound Road, Fulham, and am a pawnbroker—I act as agent for the owner of 34, Greyhound Road; it is a house and shop—in March, 1889, Robinson called—he gave me this card, "J. Robinson, butterman, cheesemonger, and provision merchant, 139, Lillie Road, St. John's Wood. The cheapest house for provisions"—he said he would take the premises if I approved of his I references; the rent was £35 per annum, payable monthly—he gave me a reference to Mr. Clarke, Shepherd's Bush—my wife wrote to the address, and I received this letter. (Dated from 47, Bassein Park Road, W., stating that Robinson had been a tenant of his, and was a desirous one)—on the strength of that letter I agreed to let the house, and he took possession in March under this agreement, which he signed—one month's rent was paid by two instalments; the second month was only got by distraint—I and my wife called on Robinson several times; he made several promises, and said he had a lawsuit on, that his solicitors were Messrs. Park and Biggenden, and they would send me a cheque in the course of a few days—I never received it—on 26th June I distrained—then I received this letter from Park and Biggenden. (Dated from 38A, King William Street, and 44, Great Dover Street, June 26th, 1889, staling Robinson had consulted them about a trespass committed on his premises by the witness, and unless they heard satisfactorily they should commence an action against him)—I sent that letter to my solicitors, and they answered it—I got no rent afterwards—I took possession of the house again in March, 1890; I found some lodgers in the house, who had been paying rent to Robinson—no business had been carried on at the shop; it was open about two months, from the end of March to beginning of June, 1889, as near as I can say—when Robinson gave Clarke as a reference he gave me this card, Mr. Charles Clarke, surveyor, 7, Duke Street, Adelphi, "W. C."
Cross-examined by MR. SANDS. I passed by the shop every day or every other day, it was opened for about two months, it was an ordinary shop—I never saw anyone going in or out—I saw no difference between it and any other provision shop—I had another reference from him, which I lost—he told me he had been carrying on business at St. John's Wood—I made no inquiries there—I have heard since that he carried on a business there—the business was carried on at this shop till a few days after I distrained.
Cross-examined by MR. COX. I am the agent for eighteen shops adjoining—I always ask for references—the reference in this case was satisfactory.
JOHN THOMAS SCOLEY . I am a builder and house agent—I am agent for 139, Lillie Road, Fulham—about the third week in April, 1889, Robinson called, proposing to take those premises—he said he was a grocer and provision merchant—tasked for references—he gave me one to Clarke, Bassein Park Road, Starch Green, and the other to somewhere in Great Dover Street, Borough—I wrote there, and the letter came back unanswered; I then went to him and he referred me to his solicitors, Park and Biggenden, 38A, King William Street—I wrote to Clarke, and had this reply. (Dated April 26th, staling that he had great pleasure in speaking to the
respectability of Robinson as a responsible and desirable tenant)—i went to the solicitors Park and Biggenden—I saw a gentleman there—I saw him afterwards at the Police-court, and I know him now as Huntley's son—I had conversation with him—I did not ask for Park and Biggenden when I went to the office; I saw their names on the door; Huntley's son was in the office—I told him I came in reference to Kobinson, who was about taking a shop from me—he said he was a very respectable man, and did a large business, and spoke highly of him—afterwards I took Robinson to the solicitors, Messrs. Carritt and Sons, who were acting for the mortgagee of the house—I had information about Robinson some little time after the letting which led me to communicate with Messrs. Carritt—I had not given possession then, but I found Robinson had taken possession—I had not agreed to let to him, and I had the key—I saw him there, and asked him what he was doing there without the key—he did not answer me—I left him there; he was there with other people—he had a few things in the house, and had workmen there working; I left him there—I afterwards called there for the September rent, I saw Robinson—I did not get the rent—on 6th December I distrained, I did not get the rent—he said I had illegally distrained, that I was not the right landlord—there was a trial; we won the action—he kept us off till March by the action, claiming damages for illegal distress—on 24th February, having won the action, I went into the house—then we had a claim under the Lodgers' Goods Protection Act, but before that question could be settled Robinson was arrested—the police took a portion of the goods—they cleared the shop out—we never got any rent.
Cross-examined by MR. SANDS. I believe Robinson had an arrangement with the solicitors for a lease—I left him in possession when I found him there; I was only an agent—he may have had permission from someone else to enter—I went to the premises to ask for the rent, I don't know what went on there—I was at the County Court action, I had nothing to do with it except as a witness.
FRANK JOHN WHITE . I am clerk to Messrs. Carritt and Sons, solicitors, of Rood Lane, solicitors to the mortgagee in possession of 139, Lillie Road—on 30th April Robinson was brought to me by Scoley as the proposed tenant—I arranged to prepare a lease of the premises at £45 a year—I asked him for the name of his solicitors—he said Park and Biggenden were his solicitors, and that Mr. Biggenden would have the conduct of the matter—on 6th May I sent this draft lease to Park and Biggenden, 38A, Sang William Street—on 7th May the prisoner Huntley called at our office—he gave the name of Park and Biggenden; he came as from there—he handed me back the draft lease with slight alteration, and marked, "Approved as altered in red ink," and signed, "Park and Biggenden, solicitors for lessee"—I took it that he was a principal; he spoke of Robinson as "my client"—I had the lease engrossed, and sent the counterpart to Park and Biggenden—about 13th June Scoley made a report to me about Robinson, and then we wrote to Robinson in consequence, and received this letter from Park and Biggenden. (This stated that Messrs. Carritt had been misinformed, and they would call on Monday or Tuesday)—the person who I now understand is Huntley's son called on the Monday or Tuesday—it was understood that Robinson was to have possession before midsummer for the purpose of repairing—on 28th June
I received this letter from Park and Biggenden. (Stating they could not ask Robinson's brother to guarantee the rent, but no doubt it would be paid when due, and asking him to see to the repairs)—at the foot was copy of letter from Robinson to Park and Biggenden, asking them to see that certain repairs were made—Scoley applied for rent, and as he did not get it I went on November 12th to 70, Finsbury Pavement—I understood, from Mr. Scoley, I believe, that Park and Biggenden had removed there—only the name of Biggenden was up—I saw a clerk there—I believe I did not see Huntley's son there then, but I saw him there subsequently—then I received this letter from 70, Finsbury Pavement. (This was dated 27th November, and stated that they had seen their client, and trusted to arrange matters satisfactorily. Signed, J. P. Biggenden, pro R. H.)—i called at the office about that time, and saw young Huntley—I asked for Mr. Biggenden—he said he was not in, but he would fetch him, and he fetched the prisoner Huntley—I said to him, "Good morning, Mr. Biggenden," and asked him if he was prepared to exchange the lease and counterpart, to pay the costs, and one quarters rent—He declined to do that, on the ground that there was a mistake in the date of the counterpart; that it was a different date to the lease—in December I put in a distraint for the rent—I received a notice in legal form of an intention to replevy, and I withdrew the distraint in consequence, after a bond had been duly entered into by two sureties—the action was tried in the County Court; Robinson was nonsuited, and ordered to pay the costs—Mr. Biggenden, or rather Huntley, appeared for Robinson at first—he afterwards told me that proceedings would be taken by Mr. Fenton, who would act as Robinson's solicitor—I never saw Mr. Fenton; I believe he called at the office on one occasion, but I did not see him—we got no rent or costs from the action—we issued execution against Robinson's trap, but got nothing.
Cross-examined by MR. SANDS. We were responsible for the arrangement made with Robinson—it was agreed he should have possession before quarter-day for the purpose of doing repairs—I understood he was doing repairs—I do not know that he put in a considerable amount of fixtures—we acquiesced in his remaininginpossession; we believed him to be an honourable tenant then—we spent about £30 on repairs altogether before he took possession; he wrote about one or two matters, very trifling compared with those in the specification—we distrained in the name of Carritt, my principal—the mortgagee in possession was Bagot; his name was in the lease—he brought an action of replevin, and was successful ultimately—on 6th December I believe there were sufficient goods and furniture to distrain on to meet the quarter's rent—a lodger's furniture was in the upper part of the house, I believe, and he claimed protection—during' the trial of the action it was suggested by the Judge that we should exchange the lease and counterpart, and that was done—the ground of action was that Mr. Carritt could not sign the distraint warrant, Bagot being lessor—the County Court Judge decided that Mr. Carritt's power of attorney gave him power to sign—we offered to give up the lease several times.
Cross-examined by MR. COX. Scoley reported to us the result of his inquiries about Robinson; he said he had written to Dover Street, and the letter had been returned through the Dead Letter Office; he produced Clarke's letter, and informed us of the interview with Park and Biggenden
and we took it to be satisfactory—it is a usual thing to have a reference,—we thought nothing of the letter coming back; we thought the people might have moved.
Cross-examined by MR. BURNIE. It is nothing unusual for solicitors' clerks to give the names of their principals—I generally give my own name.
Re-examined. I never speak of clients of the firm as my clients—we ask for references as a safeguard—the replies coming from a surveyor, and a firm of solicitors, we thought we were quite safe in letting the premises.
WILLIAM CARTER . I am a solicitor at 6, Idol Lane—in January last year I had a baker's shop and house to let at Church Road, Battersea—Robinson called and offered to take it at £32 rent; he said he wanted it for a baker's shop; afterwards he sent me this letter. (This Utter, dated from 139, Lillie Mad, stated that as it was within a few days of the half quarter, he thought the agreement might be dated from Lady Bay, and gave as references Charles Clarke, 49, Bassein Rood, and R: Huntley, 451, Old Kent Road)—I wrote asking for references," and received these replies. (That from Clarke, stated he had known Robinson some years in business, and had always found him steady and attentive to business, and that he would make a good tenant, he should think. That from Huntley stated that he had known Robinson a considerable time, and believed him to be an energetic, straightforward, business man, and well able to pay the rent named)—subsequently I wrote to Robinson. (Stating that they did not object to his proposal as to letting from quarter-day, but that as it was some time off, they must ask for a deposit of £5 on account; and it asked if Clarke or Huntley was in business)—I received this reply. (This from Robinson stated that as he should have to spend money on repairs, it ought to be sufficient; that Huntley had been an auctioneer, but was a private* gentleman now; that Clarke was a surveyor, and was sometimes away from home; and he gave another reference, T. H. Prickett, 96, Sandeland Road, Fulham)—I did not apply to Mr. Prickett; I had no deposit—the negotiation was broken off; we went no further.
Cross-examined by MR. SANDS. I know nothing about Prickett.
WILLIAM HENRY STONE . I am clerk to David Cohen and others, the owners of 38A, King William Street—the prisoner Huntley occupied offices there from 1882 to August, 1889—I never saw what names were up at the offices—when he left in. 1889 he owed me two and a half quarters' rent, from Christmas, 1888, to the half-quarter in August—when he left he gave two bills for £5 15s. each, accepted payable at Messrs. Barkers' Bank, Mark Lane—this is one of them, accepted by Robert Huntley—when it was due it was paid in; it was returned dishonoured, marked, "Account closed"—the second one was payable at the same bank, and the first having been dishonoured I did not pay it in—I knew nothing of Park or Biggenden at the office; I only knew Huntley.
Cross-examined by MR. BURNIE. Huntley had been tenant since 1882—I don't know if "Park and Biggenden" was oh the door—the rent up to Christmas had been paid—he left furniture behind him; part of the arrangement was that we should keep the furniture to the amount of £18 and these two bills—we got the furniture—he gave us authority to
collect rents from the tenants there; we collected a small amount—the lodgers in the house were sub-tenants of Huntley.
Re-examined. Kershaw and Domies were the sub-tenants.
ALICE WARREN . I am the housekeeper at 38A, King William Street; I was appointed in November, 1888—Huntley was there then, occupying two rooms on the second floor—on the door was his name, and "The United Plate Glass Assurance Company," and "Park and Biggenden "in the corner—I did not see Park; I know nobody of that name in connection with those offices—I saw Huntley's son there nearly every day—since Huntley left people have inquired for him—I sometimes saw Biggenden on the stairs and landing.
Cross-examined by MR. BURNIE. I heard that Park had died—the name Park and Biggenden was both up and down stairs—Huntley left in the middle of August, and when he left the names were taken cut—no plate was put up saying where Huntley had gone to.
Re-examined. I heard Park was dead soon after I was in the house—I never asked Huntley about it—I have seen Biggenden go into Huntley's office several times.
ERNEST JAMES WELMAN . I am agent to Mr. Green, the owner of, 70, Finsbury Pavement—in May, 1889, Huntley called on me about taking premises there at £45 a year—they were £50, but we accepted him at £45—I asked for references, and he gave four; two were Bent in this letter. (The letter was dated from 38A, King William Street, May, 1889. It said he would give £45 a year rent, and gave as references, A. Reynolds, 33, Burton Crescent; Park and Co., solicitors, 44, Great Dover Street, S. H., and was signed Herbert Huntley)—it was the prisoner who came to me proposing to take the offices—in consequence of the letter I went to 44, Great Dover Street, the name of "Park and Co., Advocates" was up there; I believe "advocates" was under the name of Park and Co., but I cannot swear to it—I saw Huntley's son at the office—(Huntley, jun., was called in)—that is the person I saw—I said Mr. Green had been referred to Messrs. Park and Co. by Mr. Huntley, and that I wanted to know something about them; he said he was respectable, and had sufficient means to pay the rent; but Huntley was not accepted on these two references—we wanted them to pay in advance; they could not, and then the matter fell through for a time, and then they sent further references: one in Southampton Buildings and the other in Newington Butts; we wrote, the replies seemed satisfactory, and then Mr. Green agreed to let to Huntley—I saw this agreement afterwards, signed "Herbert Huntley" by the prisoner Huntley, in the presence of William Johnson—I have seen Johnson about the offices at 70, Finsbury Pavement—at the top of the door was put up, "The United Kingdom Mercantile Society, Huntley, Secretary," and "Johnson and Son," and "Biggenden; "I could not say whether there was any description to him—the first half-quarter's rent was paid—the next half-quarter was not paid, and we distrained; we got that, and we had to distrain again for the third half-quarter—in January, 1890, in consequence of difficulty in getting rent we agreed to forego the rent if he gave up possession—after Huntley had been there some time the name of "Fenton, Commissioner for Oaths," was added.
offices—in January I had an office on the third floor to let, at £15 a year—Huntley, junior, I think it was, called on me in reference to it, and we had a conversation—subsequently I had this letter. (This was dated from 451, Old Kent Road, stating that he would take the office, and gave as references, John Robinson, 139, Lillie Road, and J. Manning, High Street, upholsterer)—in reply to my letters to one of them I received this from John Robinson, stating that he had known Huntley for some years, and thought we would be justified in letting the premises to him—in consequence of the replies I had I let the office to Huntley—I did not know in connection with that office any persons named Fenton or Biggenden.
Cross-examined by MR. SANDS. I always apply for references—this is an ordinary form.
Cross-examined by MR. BURNIE. I got a satisfactory answer from Mr. Manning—I did not go to the office after I let it—I cannot say that Biggenden or Fenton were not there.
Re-examined, I never saw Manning, and never went to find out who he was—I never saw anyone but young Huntley.
FRANCIS EVANS . I live at 52, Finsbury Pavement, where my mother is housekeeper—in January I gave the key of an office on the third floor to a young man whom I know now to be Mr. Huntley's son—I have seen the prisoner Huntley using that office constantly—the name Huntley was on the door, and also "Fenton, Commissioner"—I do not know Fenton—I have taken in letters in the name of Biggenden.
Cross-examined by MR. BURNIE. I am about the house and staircase in the daytime—I have seen that gentleman (a person in the well of the Court) there; I did not know he was Fenton.
Re-examined. I have seen him two or three times a day, sometimes, coming in and out.
ERNEST COZENS . In July last I was in the service of Mr. Goodwin, an estate agent, who had the letting of 451, Old Kent Road—about 12th July the prisoner Huntley called about the premises, and gave the name of Edward Thomas Harris—I asked him for references; he gave Sawyer, at her Majesty's Patent Office, and Park and Co, 38A, King William Street—these two printed forms of letters were sent to the references, and came back with the replies at the bottom. (The reply from Park and Co. stated that they knew Harris as a desirable tenant of a client, and always found him respectable; the other, from Sawyer, said he had known Harris some years, and considered him a desirable tenant)—Huntley afterwards called at the office, signed this agreement in the name of Edward Thomas Harris, and I gave him possession—I left Mr. Goodwin in January, and at that time the Christmas quarter's rent had not been paid.
Cross-examined by MR. BURNIE. £1 deposit was paid when he took possession, and £3 on account of the Christmas rent on 4th March.
EDWARD SAWYER . I am a Civil Service clerk at the Patent Office, 25, Southampton Buildings—I know Huntley; his proper name is Harris; I don't know his initials—I had lost sight of him for some time—last year I met him in the Borough, and he told me he was managing clerk to Mr. Park, a solicitor, of King William Street—I afterwards received this letter from Mr. Goodwin, asking about his character, and I
replied to it—I had one other application subsequently, to give a reference as to Huntley; I did not reply to that.
Cross-examined by MR. BURNIE. I knew him when he was at school; we were not schoolfellows—I knew eight or nine years ago he was using the name of Huntley at Brighton—he said it was for trade purposes.
Re-examined. These two replies are not in the same writing; there is a similarity—I have never seen this reply from Park and Co. before.
HARRY POCOCK . I am clerk and manager to Joseph Kingham, provision merchant, of High Street, Brentford—in the middle of last July Robinson called on me at the place of business—he gave his name, and said he was in business at 139, Lillie Road, Fulham, as grocer and provision merchant—he wanted to give an order for goods, and he wanted credit to the value of £60—I told him we could not execute any orders without trade references—he said he had been out of the trade for some years; he had been representing a building or an insurance society, I am not sure which; he gave me references—he gave me this slip of paper, with the printed heading, "Park and Biggenden, Solicitors, 38A, King William Street"—he said they were a firm of solicitors acting for his wife, as she had property—he gave me another reference, "Mr. Clarke, 47, Bassein Park Road, Shepherd's Bush"—I agreed to supply him with the goods if the references were satisfactory—I wrote to both references, and also to Robinson's wife—I received from the references these letters. (That from Clarke stated that he had known Robinson upwards of twelve years, but had lost sight of him for some time, and did not know hit financial position, but under certain circumstances he would become security for him; that from Park and Biggenden stated that Robinson was a client of theirs, that they believed him to be an honourable, straightforward man, and with his wife's joint undertaking, would not hesitate to give him credit for the amount stated)—I also wrote to Mrs. Robinson, because Robinson said that no doubt if I wrote to his wife she would be willing to become joint security—on the faith of the references I supplied Robinson with goods between 22nd July and 6th August, 1889, to the value of £69 19s. 1d. on one month's credit—I received £10 payment on account on 6th August—this is the statement of account—the date of first delivery was on 22nd July, of the value of £50 18s. 11d., that was one lot of goods, provisions, grocery, etc.—on 24th August this letter was written under my directions. (Saying unless they had cash on Monday they should take immediate proceedings, and that a watch was kept on his place)—after that Huntley called—I did not hear what he came about—in consequence of his calling I refrained from taking proceedings, against Robinson to recover the money—I was afraid.
Cross-examined by MR. SANDS. This is a complete statement of everything supplied on credit; there were some transactions after those, on which he paid cash on delivery—there were no cash transactions prior to 6th August—that statement covers all transactions up to 6th August—the cash transactions amounted to about £12—the terms as to credit were not reduced to writing—they were named—the payment on 6th August was before the end of the month—it is not unusual to extend credit—he said when he first came that he had been out of business for some time, and he had represented either a building or insurance society—I am not sure he did not say he had been helping his brother—no watch was kept really on him; I simply wrote that in terrorem—no one
had followed him, so far as I know; it was a fiction, to terrify him to pay us cash—I am responsible for it—that is not our usual custom—after the letter Huntley called and spoke to Mr. Kingham himself—we have several small shopkeepers as customers; they do not always pay immediately—I made no inquiry about his wife's means.
Cross-examined by MR. COX. I have not the letter I wrote to Clarke—I did not act at all on the letter from Clarke, or supply goods on the credit of his letter; I did so on the letter from the solicitor, and on his wife's security—we gave a month's credit from date of invoice.
Cross-examined by MR. TURRELL. The letter from King William Street advised us to obtain an undertaking from his wife, and said if we did so it would be safe to supply goods to him; the wife never in point of fact became surety—the last date of transaction for credit was August 6th; the last for cash was about a month after that—I never sued Robinson for the last money.
Re-examined. We had written to Robinson's wife before receiving the reply from Park and Biggenden—it was the recommendation from Park and Biggenden as solicitors, and that letter from Robinson's wife, that induced us to part with the goods. (The letter from Mrs. Robinson, which was here read, undertook, in consideration of their being supplied with goods, to become joint surety with her husband for payment.)
By MR. SANDS. I took no steps to enforce that guarantee.
By the JURY. I wrote the letter, because when he did not pay the account we were suspicious—I had not heard anything that led me to write it.
JOSEPH CHILD . I am a tea and coffee merchant in the City—I received this letter. (This was from J. Robinson, 139, Lillie Road, dated July 29, asking for samples of tea and coffee)—in consequence of that letter I sent him some samples—two or three days afterwards Robinson called on me, he said that he had been living with a brother, a grocer, but that the business was not sufficient for the two, and he had decided to commence business on his own account, and he had taken a shop in Lillie Road, Putney, and he wanted to do a little business with me—I said I must have references; he referred me to Clarke and also to his brother—I said his brother's reference would be no use to me, being a relative, and perhaps biassed—he said he had about £70 capital of his own—he said nothing about his wife—I wrote to Clarke and received a reply, of which this is a copy. (This stated that he had known Robinson some years as a steady, sober, industrious tradesman, of good business capacity, but was not in A position to speak thoroughly of his means)—this copy is Clarke's writing—I believe it was found at his house—I received these two letters from Robinson, on this printed form. (These were both dated 8th August, 1889, end ordered goods amounting to about £12, which were paid for)—on 12th September I received this other order, and on the 13th I sent a half chest of tea, value £2 3s. 6d. and duty £1 9s. 10d.—I had a cheque for the duty on 23rd September, the £2 3s. 6d. was never paid—on 2nd October I received a cheque for £6 16s. 11d. and an order for half a chest of tea and half cwt. of French coffee—that cheque paid the balance of the first order, and on 3rd October I sent a parcel of tea and coffee value £13 4s.—on 23rd October I received a letter enclosing this cheque for £4 4s. 8d. for the duty on the tea; I paid it into my bank, it was returned dishonoured; I paid it in again, and it was
a second time dishonoured—I wrote to Robinson about it, and received this letter. (This stated that he had had heavy losses, and requested the witness to draw on him at one month, when he should he able to meet it)—I refused to take a bill—I then received this letter, stating he would write again soon—I got no more cash—on 10th January I wrote to Clarke. (This requested his help, as it was on the strength of his favourable report of Robinson that the orders had been executed)—I got no reply from Clarke—I got this letter from Robinson instead. (Dated 13th January, stating that he had seen Clarice, who was willing to guarantee the payment of the account)—on that I wrote again to Clarke, and received this reply, stating that he would call on me with Robinson, and see what could be done—they never came—I had called several times to see Robinson, but did not see him—I did not write again to Clarke; that closed the correspondence.
Cross-examined by MR. SANDS. When Robinson first called he told me he had about £70—he did not say he had been put to expense in starting his business—£15 17s. 11d. is the total amount of the goods not paid for—I called on him half-a-dozen times without seeing him—I saw a boy on two occasions, and I saw Mrs. Robinson on two or three—it was a fairsized shop, capable of doing a retail trade of £100 a week, I should think—it had a very small sundry stock—he did not offer me any security but the bill—I stipulated for cash in a month for the first order; the second was to be at three months—the amount that was overdue was simply the amount of the duty.
Cross-examined by MR. COX. I believe this to be an exact copy of the letter I received from Clarke—it was in consequence of that that I trusted Robinson, the character that Clarke gave him—I never asked Clarke to become security.
ERNEST SIMEON DE PASS . I now trade as the Midland Brush Company at Market Harborough—last July I was manager for that business, the company became insolvent, and I bought it—I had a traveller named Cousins—in July he sent me an order for goods, which I supplied to Robinson to the value of £12 4s. 6d.; that order was executed on 2nd July, on the terms of 2 1/2 percent., or one month net—a few days afterwards Cousins brought me an acceptance; I declined it—I afterwards went to Robinson's shop and saw him—I told him that the goods were not sold for a bill; that Cousins had no authority to take a bill, and I wanted the money—he put me off with one excuse and another; I tried to get part of the money from him; but did not get any—after this Cousins sent me this acceptance; I presented it when due, and it was dishonoured—I then wrote to Robinson, requesting a draft by return; I got no reply, and wrote again, and got this reply, asking for another fortnight—I never heard again, and never had any money.
Cross-examined by MR. SANDS. I had the second acceptance a few days after the first; I told Cousins if he could get the acceptance and discount it, and give us the cash, we would take it, but would not take any bill; he could not get it, and we took the bill as we could not get anything else.
ARTHUR CLIVE COUSINS . I am now a prisoner at Wormwood Scrubs, under sentence for obtaining goods by false pretences—I know Robinson; I came to London with, him in May, 1888—he told me he was going to stay with his brother at Notting Hill—in June, 1889,1 was acting as traveller for the Midland Brush Company; also for Mr. Cohen,
a leather merchant, and for Mr. Hawkins, a saddler, and for Messrs. Lebert and Prince, sauce manufacturers, of Tottenham Court Road—about the first week in June I called and saw Robinson at 139, Lillie Road; his brother told me he had opened a shop there; about a fortnight later he gave me an order for £12 4s. 6d. for the Midland Brush Company—I took the particulars in a book at the time, and afterwards wrote it out—the terms were at one month—at the same time he gave me an order for Lebert and Prince for 18s. worth of sauces—Robinson gave me a bill two days after the goods were delivered; that was returned—he then wrote to me, and I went to 70, Finsbury Pavement, Mr. Huntley's office; he was introduced to me as Bobinson's solicitor—I told Robinson in Huntley's presence that the firm's bankers had refused to take the bill—a fortnight afterwards I got a second bill from him; Mr. Bowe, one of the partners, gave me permission to get it in my own name, and if I could get the cash I was to send it on—I drew the bill in my own name, and Robinson accepted it, payable at his bankers—I paid it in to my own bank, and they sent it back to me (I had a banking account of my own)—they would not discount it—I tried two other places, and then gave it to Mr. De Pass—at the time Robinson gave me the second bill he gave me an order for sponges and wash-leathers, which I sent on to Mr. Cohen, to the amount of £12, and he also gave me an order for a set of harness, which I sent on to Mr. Hawkins—he sent a cheque for that set, and ordered two sets more at £12 for himself; he said he had another place at Battersea, and he was going to have an extra pony—they were to be sent on 7th February—he told me that Mr. Huntley kept the pony at his private house—I sent that order on to Mr. Hawkins, and an order for another party, who was introduced to me of the name of Johnson, on the same occasion, in the same place, on the second floor—that order was not executed, I found out that they had no ponies, so I countermanded the order—there were about ten or twelve of these men at Finsbury Pavement, and as I sat there reading a paper I overheard several things, which opened my eyes; Mr. White was one, and a Mr. Sutton, Huntley, and Robinson, and several others—I heard that Huntley had not a pony, nor Johnson, and that if they had the harness they would have sold it to a marine store dealer in Bethnal Green Road; the marine store dealer was there, and another in Bethnal Green Road—I countermanded the order after hearing that—they were talking to themselves in the bar, and I overheard them; I was not taking any part in the conversation—I told Mr. Hawkins not to send the harness unless he got the money, and he wrote at length to Huntley, and then they said they had not ordered it—when Robinson gave me the order he said he had been very fortunate to get in with some Mark Lane people, and he had opened an account there, and Huntley had given the reference—he afterwards said that my bank was a very bad one, and he pressed me to join his, and Huntley would be a reference for me, but I did not do it—Huntley was present at the time that was said—after that, when I went to Robinson's shop, I asked him where the brushes were that had been supplied—he said he had sold them to an oil and colour man at Westminster somewhere; and some time after he told me he had sold the sponges to the same man—I received no payment for Mr. Cohen's
goods, only a bill of exchange; that was for the three accounts of Cohen, Lobert, and De Pass; I sent that bill on to Mr. Cohen, and he gave me the change, deducting the amount of his own bill; I put the change in my bank; afterwards I gave it back to Mr. Cohen—Robinson told me afterwards that he opened his account at the bank with £30 which he had received from advertising for an assistant, who Mr. Huntley had got him, with the £30 cash as security.
Cross-examined by MR. SANDS. He told me that about the early part of August I think; I can't give the date—the order from the Brush Company was in June—I called on Robinson as a traveller, and asked him to give me an order—I was friendly with him; I behaved kindly to him, and he requited my kindness by introducing me to his confederates—I went to his shop several times; I stopped taking orders when I found what he was doing—I was trying my best to get the money from him—I found he was doing an illegal trade, getting goods and disposing of them at half the price—when I took the orders I thought it was all right; his brother told me he was perfectly steady, and was trying to do a good business, and as long as he kept from his old associates he would do well—he once lent me £14, and I gave him £10 three days after he lent it me; the other, he said, I could give him when I could; I still owe him that—the amount of Lebert and Prince's bill was £3 15s.—Robinson never told me to pay some of the bills, and collect for him.
Cross-examined by MR. BURNIE. Robinson gave me the order for the harness for Huntley at his own shop; Huntley was not there then—the conversation I overheard was in a luncheon-bar opposite Huntley's office; I was there by appointment with Robinson, and the other gentlemen dropped in, one by one—there was no one else in the bar but ourselves—the harness for Huntley was never sent; I said I would not give credit—he wrote to the manager, who applied for payment before sending it, that if he did not cease to annoy himinhis business he would take other steps—when I spoke to him about it he said he had not a pony; that was the only time I spoke to him about it.
Re-examined. I do not know that man (looking at some person in Court), he may have been one of the party in the luncheon-bar—I did not take down their names, as I did no business with them.
HENRY ISAAC COHEN . I live at 18, Spital Square, Bishopsgate-in August, 1889, I was in business in Duke Street, Aldgate, as a sponge and leather merchant—the last witness was a traveller for me—on 3rd August he brought me an order, in consequence of which I sent some sponges, worth £3, to Robinson—on 20th August I got a further order for leathers, value £8 15s. 6d., from Cousins—I sent those goods to Robinson—on 26th August Cousins brought mo this bill—I discounted it, deducted my own amount, and paid the balance to Cousins—before the bill fell due, Cousins was arrested; he did not return the balance to me—afterwards I went to Robinson's shop, in the Lillie Road, because one day, being with Detective Couchman, we called at the shop, 99, Whitechapel Road, where we saw some of my leathers in the shop window—I asked Robinson what he was going to do about paying me—he said I had an acceptance of his—I asked what he had done with the goods—he said he did not think that had anything to do with me, as the goods were his, and what he had done with them had nothing to do with me—I told him what I had seen, and he said he could do what ho liked with his own
property—he promised to pay me so much a week till £11 15s. 6d., the amount of his two orders, was paid, and then I was to return him Cousins' acceptance for £26—after that Huntley called on me, giving me this card, with the name of "John Batty Fenton, Solicitor, Conveyancer, and Commissioner for Oaths"; the address, 69, Ball's Pond Road, is crossed out, and written in is Mr. Walters, 72, Finsbury Pavement—I asked him who he was, and he said he was from the office of Mr. Fenton, and that his name was Mr. Walters—he said he came about Robinson's affair; he had arranged that Robinson was to pay me £2 down, and £1 a week, every Thursday, and he was to give me another acceptance, and if all the instalments were not paid, the £11 was to become due at once—afterwards I got this letter from Robinson, enclosing a postal order for £2, and a promissory note, as arranged by his solicitor, and requesting me to return his acceptance—I received no money after that.
Cross-examined by MR. SANDS. I was going to take the difference between the acceptance for £26 and the amount of my bill as the only way to get something—99, Whitechapel Road, is an oil-shop—you can recognise goods when you are accustomed to them—I told Robinson where I had seen them; he did not deny it—he said it was not my business to inquire—the man at the shop I saw them at did not deny; he admitted he had bought them from Robinson.
Cross-examined by MR. TURRELL. Huntley said his name was Walters, of 72, Finsbury Pavement—I never was there.
WILLIAM BRANDON . I am an oilman, at 99, Whitechapel Road—in consequence of a visit to my shop I went to 139, Lillie Road, in August last—I saw Robinson there, and he said, "I want to raise a little money; I am going to open a shop at Battersea"—I saw the shop seemed well stocked, and he showed me an agreement, and the lease of Lillie Road, and he wanted me to buy some goods, wash-leathers, set of harness, tea, six brushes, coffee—this is the bill—I said I would give him £16 for the lot if he brought them to my place next "day—he did so, and I gave this cheque for £16—£5 5s. was for the leathers; there were seven or eight dozen, perhaps—there were 180 1bs. of tea at 11d. a 1b.; I lost 1d. a 1b. on it—it was a new set of harness—I advanced him £2 4s. on it, so that he should have them back again—he did not have it; two parties came and paid £2 10s. for it, and had it—after Cousins' trial I had to return the set of harness to Mr. Hawkins—Mr. Cohen called at my shop, and saw the wash-leathers; they were done up in one bundle—I swear they were not eighteen dozen; there might be ten dozen—there were four bundles tied up in one paper.
Cross-examined by MR. SANDS. I reckon I paid a fair price for the things—I lost on the tea—I don't often buy things from another tradesman—I have done it before, and sold the things myself—the wash-leathers were nothing out of the way; I should not like to give sixpence or eightpence a-piece for some of them.
By the COURT. I deal in wash-leathers, not in tea or harness—I had the harness on condition that Robinson had it back—I sold the tea to a commission agent, and he to a grocer—I bought the things as a speculation.
HENRY ISAAC GOHEN (Re-examined). I saw from fifteen to eighteen dozen leathers at Brandon's, which I identified as my goods, supplied to Robinson—the invoice price of those eighteen dozen was £8 15s. 6d.
By MR. SANDS. The leathers were all the same make; all first quality leathers, not all the same size—anybody in the trade can see the difference between different makes.
GWYNN HUGHES . I am an oilman, at 13, Regency Street, Westminster—in July Robinson called and said a Mr. Benham, of Cambridge Road, Mile End, had recommended me as a likely man to buy some brushes, as I was in the line—he handed me his billhead—I told him I was not buying then, I was full up—I said any other time I might buy some if I wanted them—he said he had got some in stock, but being a grocer and provision merchant he could not sell them, and wanted to turn them into money—it ended in nothing—he called on me two or three times after that—ultimately he brought me some brushes, and I bought a small quantity from him that he had with him; he said he was going to market and wanted the cash—I bought a parcel of two or three dozen, as far as I know—I had with them the invoice of the brush manufacturers, I cannot remember their names—I paid 10s. 8d. for them—this may have been the invoice; I cannot swear it was not—Robinson said, "Here is the invoice, you can have them at 15 per cent, below invoice price"—I afterwards bought a tin of coffee from him—he also offered me wash-leathers and sponges, which I declined.
Cross-examined by MR. SANDS. I gave ten pence for the pound tin of coffee for my own use—he said he was a grocer and provision merchant, and handed me his billhead—he solicited my custom—he said he wanted to sell the brushes, as he could not sell them in his place, and he was glad to get money for them—I saw the amount of the invoice, and reckoned it up, and gave him a fair price—I had fifteen per cent, discount.
Re-examined. He handed me this bill—I did not observe the date of the invoice was 2nd July; the date on the bill is 12th July.
JOSEPH LOCKETTS . I live at Bartlett's Buildings, Holborn—I am the London agent to Cochrane and Co., of Glasgow; also of Wilson Brothers, of Cole Orchard—both those firms are earthenware manufacturers—about the middle of September last Robinson wrote to Wilson Brothers, and they sent me his memo, and I called on him—he said he was a grocer in Lillie Road, Fulham, and he wished to add crockery to it, as there was a good deal selling now in that direction, and he knew nothing about the trade—I told him the terms were references, or cash in a month—he did not demur to that—I wrote to him asking for a reference after the goods were ready—he pointed out that his bankers' name, Barker and Co., was on his memo; he gave an order amounting to about £13 for Wilsons; he called on me about 17th October, and wanted a crate of white ware from Cochrane and Co., amounting to about £8; that was supplied—about a month afterwards I sent him both accounts, and asked for payment; I did not get it—he asked me to draw at three months, stating at the same time that he should like some more goods—I declined to take his three months' bill; I said I would draw on him at one and two months, dividing the amount into two bills—these are the bills; they were both presented and dishonoured—I have not got one shilling for the goods—the bills were made payable at his bankers, Barker and Co.; one fell due on 29th December, and the other on the 29th January—he mentioned other goods once in a letter, and I ignored it.
Cross-examined by MR. TURRELL. The bills were marked "N. S."—I
did not ask for references when he gave the order—I did before the goods were sent, the usual trade references, and he referred me to his bankers' name on his billhead.
ASHER GROSS . I am a medical practitioner at South Side, Clapham Common—I am attending Mr. William Henry Glendenning, he is now ill in bed with an ulcerated sore throat, he is too ill to travel—I saw him at ten last night.
WILLIAM TUREELL (Police Sergeant). I was at the Police-court at the hearing of this case, when I saw Mr. W. H. Glendenning cross-examined, and saw him sign his deposition—the prisoners were present, and had the opportunity of cross-examining him.
The deposition of William Henry Glendenning was read as follows: "I am manager of the Fresh Egg Supply Association of 2, Great Winchester Street. On 2nd October last we had a traveller in our employment named Clifford. On 14th October, in consequence of an order given by him, we sent a case of eggs to the prisoner, Robinson, at 139, Lillie Road; the value was £4 16s. 1d., the account I sent him is produced, and" marked 'No. 50.' A few days after Robinson called on us for another case of eggs; I told him he could not have them until he paid for the last lot; he said he would send me a cheque next day. I said he would have the goods next day when he sent the cheque next morning, or within a day or two, A man came bringing the cheque produced marked 'No. 51; I thereupon handed him a second case of eggs, value £4 13s. I paid the cheque in our bank; it was returned unpaid. I then wrote three letters to Robinson, but received no reply. I was then introduced by Clifford to the prisoner Huntley at my own office. Huntley came himself, and introduced himself as a debt collector. I instructed him to take a criminal prosecution against Robinson. Huntley had given me to understand he had a solicitor working for him; I also instructed him to collect two other accounts against persons named Cutting and White. He told me he knew Robinson; subsequently he told me, after I called on him two or three times, that he did not take a criminal prosecution against Robinson, but would take out a summons for debt against him; this conversation was at an office in Finsbury Pavement. I called several times to see him; the action was getting on, he told me; he was proceeding with it. I got no money or satisfaction from either of the actions. After a time I took all the actions out of his hands; I paid their charges, and got the receipt produced, marked '52'. I afterwards placed Robinson's matter in the hands of my solicitors; they got judgment against him, but I recovered nothing.
Cross-examined by Robinson. I did send Clifford to Robinson with the returned cheque; I did not instruct him to say that what he could get from Robinson he could have himself.
Cross-examined by Huntley. I believe that proceedings were commenced against Cutting and Mr. White. There was a difficulty in getting Cutting served. I don't know if judgment was signed against White or not. Huntley did not say that the solicitor thought criminal proceedings could not lie against Robinson; he said that as his own opinion."
JAMES CORRALL . I am a confectioner, of 123, Houndsditch—in the beginning of November last, in answer to an advertisement of mine for a commission agent, Robinson called on me—he wished to sell my goods on commission—I asked who he was, and to give me references—he said he had a little shop of his own in Lillie Road (I believe that it was
managed by his wife and children), and he had plenty of time to himself, and could devote it to getting orders for me—he said he was going to market, and buying other things for cash—he gave me Clarke as one reference, and I believe Huntley as another—I wrote to Clarke, and received this reply. (This was dated November 16th, from 47, Bassein Road, and stated that he had known Robinson for some years, and recommended him to the agency)—I was satisfied with that, and did not write to Huntley—on the faith of this I appointed him to get orders for me—he brought a few orders, which, on inquiry, I did not execute—on 18th November he came for some goods; he said he would try to sell them in his shop—he had one lot of six boxes, for which he paid about ten shillings there and then—after a time he came for more, and I let him have two lots, worth thirty shillings, and I gave him one month's credit—at the end of the month I wrote for the money, but got no reply.
Cross-examined by MR. SANDS. I did not call at his shop—before I wrote a second time two detectives came; he was then in custody.
Cross-examined by MR. COX. Nothing was said in Clarke's letter about Robinson's financial position; I did not ask for that.
JOHN LEACH BARRETT . I am a member of the firm of Barrett and Co., of Fulham, importers of margarine—on 23rd December last Robinson called on me—he said he wanted to buy some margarine, that he had a shop in Lillie Road; that his wife managed the shop, and he went round with his trap visiting bakers and confectioners; that he had lately married, and should shortly come into money from his wife, when his position would be very different—I told him we never supplied margarine without two good references or security, and that our terms were one month, provided they were satisfactory—he gave me Mr. Charles Clarke as a reference—he said Mr. Clarke was a gentleman of independent means, living in his own house at Shepherd's Bush; that he had seen Clarke that morning, and he thought he would become security for him to the extent of £50—he said his wife's solicitor was Mr. Biggenden, 70, Finsbury Pavement, and we might refer to him—I wrote to Clarke that evening, and received this reply. (Stating that he teas quite willing to be security for £50)—Robinson then called and asked if we had received a reply from Clarke—I said I had—he then produced this letter, which he said his solicitors had given him to bring to us. (This was dated from 70, Finsbury Pavement, signed J. P. Biggenden, guaranteeing payment not exceeding £50)—this is on note paper, headed "Park and Biggenden, solicitors"—I was satisfied with those letters, and supplied Robinson with margarine to the value of £11 4s. 6d., those goods he took away in his cart on 24th December—I have applied to him for payment, and also wrote these three letters to Clarke of 27th and 31st January and 15th February, but received no reply—on 24th December I went to 70, Finsbury Pavement—I did not find Mr. Biggenden there.
Cross-examined by MR. SANDS. I did not go to Robinson's shop, I sent there, it is about a mile and a half from my place.
Cross-examined by MR. COX. I never called on Clarke—I found that he did live in his own house, and that it was heavily mortgaged, I got that information from Stubbs; the goods were gone then—Stubbs also said there were County Court judgments against him—I did not take any proceedings against him.
Cross-examined by MR. TURRELL. I received this document of Biggen
den's from Robinson—I did not; know Huntley until I found that letter was in his handwriting—what Robinson told me was that his wife was shortly coming into some money.
Re-examined, When I went to Finsbury Pavement I saw young Huntley; he said that Biggenden's name had been removed from the door—the name of Huntley was still up.
ALEXANDER BARNEVELDT . I am salesman to John Rucker, provision merchant, 16, Water Lane, City—in January last I was introduced to Robinson at a public-house near Mark Lane, by a person who stated in his presence that he was a respectable, hard-working man, representing one or two houses on commission, and that his wife kept a provision shop at Fulham—a little time after that the same person brought me an order from Robinson for margarine, which I suppied to Robinson to the value of £12—this is the invoice, dated 28th January, stating the terms, fourteen days—before the fourteen days had expired Robinson called, in a general way of business; I don't think he had any special matter on hand—at a subsequent interview he suggested that he should represent me; he thought he could get orders, and I was willing to allow him a commission on good orders; he said he had some customers of his own that he would like to keep to himself, and he thought he could get sufficient security to satisfy me as to getting the money—he gave me as a reference, Mr. Fenton, solicitor, 26, City Road, who, he said, had a case of his wife's in hand; that she participated in a jointure or an estate, by which she was to get some money; about £400—he also referred to Mr. Clarke, 47, Bassein Park Road, who, he said, was an architect, living in his own house, which he had built for himself, and who had already been security for him for £50 or more, and he thought he would have no objection to be security for him to me—I wrote to Clarke on the 15th, and received this reply dated 17th (read): "Although I have known Mr. Robinson some years, as a good business man, I cannot enter into any guarantee for him until I have talked the matter over with him"—Robinson arranged with me to meet him at Fenton's office on the 15th February—I found Fenton's name on the street-door; I made inquiry, and went to an office on the first floor, with the name of Walsh, I think, not Fenton; but I saw Fenton there and a clerk—while I was there Huntley came in—I told Fenton that I had come to speak about Robinson's affair; Huntley immediately took me on one side, and said, "I have that matter; it rests with me; Mr. Fenton is so very deaf, he can't hear a word that is said"—he was very indignant with Robinson for not keeping his appointment—I was about to leave when Robinson came up—Huntley said that Robinson had some business with them, in which his wife was interested in about £400, and he could have an advance on that estate if he chose, but he would have to pay heavily for it; that he had had a previous advance of about £20 to relieve him, from a judgment order, the note of which he showed me, and he could have a similar advance now—on the 17th he told me that Robinson himself had also an interest to a similar amount, of £400—Robinson was not present then-after the interview on the 15th, when I got back I wrote this to Fenton. (Requesting to be informed of the nature of Robinson's interest and to what extent he could safely have credit)—i got no answer to that, only the verbal conversation on the 17th at Huntley's office on Finsbury Pavement—on Robinson's notepaper was printed, "Bankers, George Barker and Co."—I wrote to them, and I
told Huntley on the 15th that Barker's said Robinson's account there was closed—Huntley said, "That must be a mistake, as I have received a cheque for £4, or £5 only, a few days before from Robinson, drawn on the same bank"—on the 17th I went to 52, Finsbury Pavement, in consequence of a Mr. Kay giving me Huntley as a reference there, upon another business—I saw young Huntley there at a table—I asked for Mr. Huntley—he said, "On what business?"—I said, "A Mr. Kay has referred me here"—he said, "Oh, Mr. Huntley is not in now," but he came out of a door; he must have heard the conversation—although I had seen him at Fenton's I did not know his name—I left the office, and Huntley followed me, and said, "I know a little about that matter; you have come on Kay's matter, although it is no business of mine, and I really would advise you to be cautious about trusting him"—it was then he referred to my letter of the 15th to Mr. Fenton, and he said if I could get the joint signature of Robinson and his wife I might feel myself thoroughly secure, and he was himself willing to be a personal guarantee for a small amount—on the 20th February Robinson came with his wife; he introduced her as his wife; and he then accepted four bills for £25 each, all dated 4th February, at one, two, three, and four months, made payable at Barker's Bank, and each endorsed by Mrs. Robinson, in the name of E. M Robinson—on the faith of that I supplied him with goods to the value of £14 4s. 5d. to start with—the first bill would have been due in about a fortnight; I did not present it; he was in custody before it became due.
Cross-examined by MR. SANDS. The person who mentioned Robinson's name to me in the public-house was a man called Denies—I have known him, he is a provision agent; he had introduced me business before, not good business, all round very bad—I took his advice, that was the beginning of his business with me—I had known him many years, and had done business with him in a casual way, nothing definite—he may have introduced me a customer in the course of many years—I accepted his introduction of Robinson—the first order I supplied was £12; and the second was £12—Huntley said Robinson would have to pay heavily for the advance, as lawyers did not do work for nothing—I have not taken any steps against Mrs. Robinson on the endorsement on the bills.
Cross-examined by MR. STEVENSON. I do not make any charge against Clarke; I was not influenced by his letter.
Re-examined. I am not making any charge against anybody; this is a prosecution by the Treasury—it was in consequence of Clarke's letter being unsatisfactory that I made further inquiries of Huntley about Robinson; the statements by Huntley had an effect upon me.
HENRY NEWY . I am a clerk to Alfred Thorpe, trading as the Royal Bengal Tea Company, 4, Lombard Court—on 13th February Robinson called and handed me this card—I wrote on it as he spoke—he said he wanted to buy tea; that he had been at his address eleven months, and had the place on a lease for fourteen months, I believe—I asked if he was prepared to pay cash—he said, "No"—I said I should want a reference, and he gave me the name of Charles Clarke, 47, Bassein Park Road—I wrote to Clarke, and received this letter in reply, dated 14th February. (This stated that ho had known Robinson for some years, and although not intimately acquainted with his financial position, he could speak to his business tact and energy, and should think he was well worthy of credit)—on the 13th
Robinson gave an order for 14 1b. of tea, value £1 3s. 4d.—he called for it the next day, and we supplied it to him on one month's credit—at the same time he left another order for two chests of tea, of the value of between £7 and £8—it was arranged he should call for it the following Tuesday—he did call, but in consequence of something I had heard I declined to part with the tea except for cash—he said he was very sorry—I said I had made inquiries—he said we might make inquiries, but we could not tell what money he had got in his pocket, and what his friends had got—next day we received this letter from him. (Stating that he found his cash was short that week, hut that if they eared to let him have the chest he would give a cheque in seven days, as he should be expecting more money then.)
Gross-examined by MR. STEVENSON. I got Clarke's letter by the first post on Friday morning, because the arrangement with Robinson was that he was not to have the tea till we received the letter—we had it in the morning, and he called at dinner-time for the tea—he was a perfect stranger; he seemed to understand the trade—he said a traveller had mentioned us to him—I was influenced by Clarke's letter in letting him have the 14 1b. of tea—I thought from that letter he was worthy of credit, and therefore we could trust him for £1 3s. 4d., but not for a greater amount.
HARRY WHITE . I am a carman—I was with Robinson at Lillie Road for two or three months in the summer of last year, when he first took to the business—I had my own horse and cart, and used it for his business in fetching and delivering goods—I have delivered leathers and brushes at Brandon's and Hughes—Robinson told me he had got the goods from Kingham and Co. by representing that his-wife had property, and giving her as security; he said it was a very good idea to say his wife had property—he showed me this letter, which he had had from Kingham and Sons, and asked me to write a letter to him (Robinson), saying I was going into partnership with him, and going to pay £50—I was handed this copy of the letter by Huntley in Robinson's presence, but I refused to write it. (This regretted he could not Join him in business, although he had fully contemplated doing so, but that while Robinson was away a letter had arrived from Kingham and Sons, charging Robinson with being in their debt, and with secretly taking away stock, and disposing of it in other than a fair way, and that therefore he must decline joining him)—Robinson said he wanted the letter so that they could claim damages from Kingham for loss of partnership—at that time I had been introduced by Robinson to Huntley, at 70, Finsbury Pavement, as a solicitor, who was for a short time suspended—Huntley said, in explanation, he went too far in the defence of a client—there is no truth in the idea that I contemplated going into partnership and paying £50—I saw at Robinson's an assistant, Cooper—Robinson said he had £50 cash security with him, and that he opened his account at Barker's with the money—the assistant stayed five or six weeks—I was with Robinson one morning when Huntley said he had got Cooper to accept £1, I think, and that would finish the transaction, and the £50 was to be returned by instalments—I saw another assistant at the shop—Robinson said he had £50 with him, and expected some more—he said he had obtained his second assistant by Huntley advertising: at his office, Finsbury Pavement—Robinson told me I could do very well at his shop, 86, High Street, St. John's Wood, and persuaded me to take it-said, being out of the trade I had no references, and he suggested that Clarke would give me a reference if I made it worth
his while—I had never seen Clarke, and had never been to his house—I saw goods going away in a perambulator from Lillie Road, provisions, jam, tea, sugar, brushes, butter, cheese, and something of everything in the shop—children took them away in the perambulator—I said, "That is a good order, Mr. Robinson"—he said, "Yes, but unfortunately there is no money; they are Clarke's children, the man who gave me the referencen—I had a cheque from Robinson on Barker's Bank, for £4 16s. 8d. to cash for him in the summer—I cashed it with Mr. Lewis, a friend of mine; it was dishonoured—I saw Robinson about it several times—I have not got the cash; I made a statement in the presence of his wife and new assistant at the shop, and forced him to give me two boxes of tea—he paid me partly by wages and partly by goods—I took what goods I required for my own consumption in part payment—at last I thought, I might get into trouble if I stopped any longer, and I refused to do anything more for him—after I left I received this letter, which is in his writing. (This asked him to be careful, and stated that the matter could be arranged if he would act reasonably; that he wanted him to see Mr. H. at 70 on Monday; that he had had people call about 0., who was charged, and, that he was to take this as a tip if anyone called on him)—H. at 70 was, Huntley at 70, Finsbury Pavement—C. was Cousins—I gave that letter to the police when they called; there is no date on it, but it was sent the Saturday after Cousins was taken, in October, before I got settlement for the cheque—I saw bundles of letters at the Police-court, all in Robinson's writing—I several times in the summer of last year had conversations with Huntley about Robinson—I told him what I knew about Robinson; I told him I knew Robinson was a returned convict, and we; spoke about it several times—it was said he had given a reference to someone previous—it was a long firm case he had been sentenced for.
Cross-examined by MR. SANDS. I was not in Robinson's permanent employment—he paid me according to the number of hours I was with him—I was with him altogether for about two months—I first worked for him about the middle of June, and I went on till the middle of August—he paid me for what I did for him—I cannot recollect the date of the cheque—I worked for him for one or two weeks after he gave it to me—I believe the man I gave the cheque to kept it nearly a fortnight before he sent it in—I believe I did one job with my horse and cart after it was dishonoured—he gave me other cheques, which were honoured—I first met him about May last year—I did not earn enough from him to keep my horse and cart—sometimes I worked five or six days a week—he took me to see his solicitor, and told me his private affairs—my cousin introduced me to Robinson, and said he had done time, and I asked Robinson what he meant, and Robinson said, "Yes, I was unfortunate, I gave a man a reference, and I had to do five years for it"—that was when we were out driving one day, before the letter to Kingham—on several Saturdays I was at the shop from morning till night selling bacon outside at 7s. a day and food—when I was first introduced to him in May he was in great poverty, and then when I found him with a banking account I asked him about it, and he told me what I have said about his obtaining goods from Kingham, by saying his wife had property—I asked him if she had property, and he turned it off in a jocular way and said it was a good idea—that was in the first or second week I worked for him—I continued friendly with him after the conversation—I told him I
thought I should go into business again, and 'we may have consulted about it—Cooper is not here—I don't know that I should know the other assistant—Robinson said if I wrote the letter to Kingham they would get damages out of him, and I should have something out of it—he showed me Kingham's letters, and said he thought an opposition shop had written about my taking goods to Brandon and Hughes—the first day I went out with the horse and cart for Robinson I took goods to Brandon—very little business was done in the shop—there was stock—before I went to Robinson I had been in the provision trade—I left it for a change; I prefer open air work, and I started carting—I remained on friendly terms with Robinson for a few days after the affair about the letter.
Cross-examined by MR. STEVENSON, The children with the perambulator were eight or nine or ten years old; there were three or four of them; I did not take much notice of them; the boy was probably thirteen, and the others might have been fifteen or sixteen—I never saw Clarke till I saw him at the Police-court—he had some of Kingham's goods—I cannot give the name of any firm who supplied goods to Robinson through Clarke's recommendation up to the time of the perambulator, except Kingham—Robinson told me a lot of fictions—the goods in the perambulator were worth £1 or 30s., as near as I know—Robinson said he had been a friend of Clarke, and gave me the impression he had known him for a good many years.
Cross-examined by MR. BURNIE. I never told Huntley I was going to be Robinson's partner—I first heard of Robinson's conviction in July, I think, from my cousin—in. October 05 November I took the chests of tea in exchange for the cheque—I did not look to see if any names were on the chests; I am not sure if there were any—I don't think I mentioned to Huntley that I told Robinson I would have nothing to do with him.
Re-examined. I told Huntley I would not write the letter—Robinson told me he had been tried with three or four others, I believe.
JOHN PATTENDEN BIGGENDEN . I am a solicitor, without a certificate—I last took out a certificate in 1888—Huntley was my clerk in 1888—my office then was at 39A, King William Street, I think—I had an address at 18, Mare Street, Hackney, then, when he was my clerk—I left in 1888, and redirected my letters to Finsbury Pavement—in 1888 Huntley ceased to be my clerk, as I had not taken out my certificate, which expired at the end of the year—Huntley has never been clerk to me since with my knowledge, because I have had no right to practise—I had an office at 38A, King William Street, for a very short time—I paid no rent—I had an office at 70, Finsbury Pavement—I paid no rent for it; Huntley took at, I believe—I paid him no salary—he paid me for the use of my name—I went to 38A, King William Street, and to 70, Finsbury Pavement, very seldom, once or twice a week—I saw my name up there—I did not see any of this notepaper at the office—I did not authorise it to be printed—I never saw Mr. Park in my life; I always understood he was laid up—I saw the letters at the Police-court—I know nothing about this business.
Cross-examined by MR. BURNIE. I noticed the name, Park and Biggenden, up at 38A, King William Street—I never put it up—I did not tell Huntley I would not have it put up—I won't swear whether or not I signed a bill of costs, "J. P. Biggenden," for Park and Biggenden.
JOHN BASSEY FENTON . I am a solicitor, of 17, Devonshire Square,. Bishopsgate—this is one of my cards—I don't know anything about the name of Walters on it—I did not authorise Huntley to use that card or to pass himself off as Mr. "Walters—I never authorised him to give me as a reference for Robinson—I was not concerned in legal proceedings under which Robinson and his wife would come into £300—I had an office at 26, City Road; my name was up on the front door—I believe I received this letter. (This was from Mr. Barneveldt)—I sent no answer to it—I did not carry on business at 52, Finsbury Pavement—my name was not up at 70, Finsbury Pavement; I went there sometimes—I saw my name up at 52, Finsbury Pavement, and I ordered it to be taken down—I went there several times.
Cross-examined by MR. BURNIE. I saw my name up at 70, Finsbury Pavement—I went there two or three times a week—my name was on a card, which I wrote myself—it remained there a fortnight, I daresay, during which time I went several times—I am a Commissioner for Oaths, and I went there to administer oaths for a firm—I used to call on Huntley because he had introduced me three or four law cases, and I went to talk to him about them—I had not given him authority to use my name—Huntley carried on the cases he introduced, jointly with mo—I superintended them; nothing was done without my knowledge.
Cross-examined. I have seen Robinson several times at Huntley's.
WILLIAM HAMILTON WELLER . I am an accountant at Barker and Co., bankers, of Mark Lane—Robinson opened an account there in August, 1889—Robert Huntley introduced him—Huntley had an account with us, which was dormant at that time—Robinson opened his account with a payment in of £70 on 2nd August—this is a certified copy of his account—on 24th October, 1889, 16s. 4d. was standing to his credit—after that date nothing more was paid in—this is a list of twenty-four dishonoured cheques drawn by Robinson, and presented at our bank over about five months, from August to January, the last being 21st January, 1890—the total amount of them is £84, about.
Cross-examined by MR. SANDS. The total amount paid into his account was £224 in cash and notes—it shows all the signs of a genuine account, the cheques were not paid in one day and drawn out the next—we do not allow people to overdraw without arrangement and permission from us—"Refer to drawer" does not necessarily mean there was not enough to meet a cheque.
Cross-examined by MR. COX. I only see one cheque for £1 on 6th August, 1889, payable to Clarke—we don't answer private people if they apply about the state of an account—we have been applied to by bankers as to Robinson.
Cross-examined by MR. BURNIE. A dormant account is one that has not been operated on for some time—Huntley's account began about 1875—I have no copy of it—it was a fairly large account while in operation, a turn-over of £3,000 or £4,000 every half-year, till recently, when it became dormant.
Re-examined. I believe it Was operated on till the middle of 1889—a. few pence balance was left, I believe—this is Robinson's pass-book, and this is one of our cheque-books—these are cheques of November 11th and 6th December, 1889, and January 17th, payable to Harris, and returned unpaid—"Refer to drawer" means, as a rule, there are not enough
funds to meet it; it might mean we had notice from the drawer about it.
By the JURY. The cheques to Harris were presented by different banks, endorsed by Harris.
JOSEPH SAMMERS (Police Sergeant T). On 3rd March, at half-past nine a.m., I saw Robinson at his shop in Lillie Road—I told him I should take him into custody on a warrant for obtaining goods by false pretences from various people—he said, "You are not going to lock me up?"—I said, "Yes—he then took some papers from his pocket, and handed them to his wife, which I took from her; these are two of them; they are from the Brompton County Court, relating to proceedings, against him as defendant for certain sums of money.
JOHN TUNBRIDGE (Police Inspector of Scotland Yard). At nine in the morning of 3rd March I saw Clarke in Goldhawk Road, Shepherd's Bush—I said, "Is your name Charles Clarke, and did you write this letter?" showing him the letter deposed to by the witness Corral—he said, "Yes, I am Charles Clarke, and I wrote that letter"—I said, "I am a police officer, and hold a warrant for your arrest, for conspiring with Robinson to obtain goods by false pretences"—he said, "I have written several letters for Robinson, thinking they would do him good; I got nothing by it; it was simply an ebullition of good nature induced me to do it'—on the way to the station he said, "Robinson has made me presents of grocery occasionally, and I have paid him one or two small sums, small accounts; I first knew him about 1879, when he was at Stamford Hill; I lost sight of him about the year 1881, and did not see him again until about Midsummer last; he did not tell me what he had been doing in the meantime, and I did not ask him; I have been very unfortunate in business; I have had to mortgage my house for £250, and part with many of my things, but I did not think it would come to this"—he was taken to the station, and charged with conspiring with Robinson to obtain a quantity of margarine from Messrs. Barrett, of Tanmead Road—he said, "I never went to Tanmead Road; I never saw the margarine; I know nothing about it"—I then went to 47, Bassein Park Road; I searched the house, and found a number of papers, including a bundle of County Court papers, summonses, judgments, and committal warrants from various County Courts, for small sums, 6s. 9d., 9s. 7d., 7s. 6d., 13s. 2d., and a notice from the Hammersmith County Court for commitment in default of payment of rates; I also found this bundle of letters, from Robinson to Clarke (These were put in and read)—I also found a bundle' of letters addressed to Clarke from different firms, inquiring as to the respectability of various persons—on 3rd March I saw Robinson at the Police-station, in custody—I read the warrant to him; he made no reply—I afterwards went to his premises 139, Lillie Road—I found very little stock there, about a pound of tea in several canisters, a small quantity of coffee in canisters, a considerable quantity of French coffee in tins, 3 lb. of sugar, several cheese boxes and butter tubs, empty, and a small quantity of butterine or margarine—the shop was fitted up as a provision shop, but all the tins were empty except those I have mentioned—the principal stock consisted of earthenware, and a number of sauces and pickles—I also found there this banker's pass-book and cheque-book, also ten full parcels of butterine, and an empty bottle; and in Clarke's house I found another bottle of pickles, the greater part of which "had
been used—I also found this cheque, payable to H. Huntley, and, an order for £1 1s., dated 29th September, 1889, and endorsed H. Huntley—I found a cheese-box full of letters and accounts, torn up, and some County Court summonses—among them was this letter of 4th December, 1889; "Dear Robinson,-Meet me to-morrow at usual place; don't disappoint, and bring your cheque-book with you.—R. H."—that was in fragments; I stuck them together—also this letter of 26th October, 1889, from 70, Finsbury Pavement, to Robinson: "I have seen Mr. Lewis to-day; he will take £5 on Monday, and £4 on Tuesday; I can't make better terms; let me see you Monday morning, yours truly, J. P. B."—those are the initials of Mr. Biggenden—I also found this draft agreement for partnership, which Mr. White has spoken of, that was in the cheese-box, torn up—I also found several «letters from Clarke to Robinson; also part of a letter from Clarke to Corral, with an I O U for £10 from Huntley, dated October—I have seen Clarke write; to the best of my belief these letters which bear his name are his writing—I did not find any lodger at Robinson's house—on 13th March I found Huntley in custody at Bermondsey; I told him who I was, and said, "I hold a warrant for your arrest for conspiring with Robinson and Clarke to obtain goods by false pretences"—he said, "All I have done has been in my capacity, as solicitor's clerk; I should like to know how. you can make out a charge of conspiracy from that"—I said, "You have represented that you are, or have been, conducting a lawsuit for Robinson or his wife, by which they will be coming into money shortly; if any such exists of course you have papers relating to it; if you can tell me where to find them it will save trouble at your office, and save your wife from alarm"—he said, "Any such papers as you mention must necessarily bear on other matters, I therefore cannot give you any such information. If Mr. Fenton feels; disposed he can produce them; his office is at. 52, Finsbury Pavement. My son here is with him; he shares an office with him. "I knew his private address; he gave it when he was charged, 451, Old Kent Road—I read the warrant to him after that statement, and he said, "You understand I admit nothing"—after the charge was read over to him at North Fulham Police-station he said, "I deny it"—I afterwards went to 52, Finsbury Pavement, with young Huntley, with three keys that I ¿ad taken from the prisoner Huntley, two of which fitted the office—I looked over the papers, but found nothing relating to this case, except two County Court summonses relating to Mr. Glendenning's matter—when I first went to the office the name of "Mr., Huntley" was on the door, and "Mr. Fenton, Commissioner of Oaths"—when I visited it again on the 17th the name of Fenton was erased.
Cross-examined by MR. SANDS. A number of things were removed from Robinson's shop by my direction—I have seen his wife—I do not know that she is possessed of any property, I should think not; she was in a very low state—I believe he has a brother in a small way in the provision business, in a respectable way—I believe after the prisoner came out of prison he assisted his brother for a month or two.
Cross-examined by MR. STEVENSON. The letters found at darkens were inquiries as to the bona fides of different people; one about a Mr. Manning a grocer and provision dealer, not a builder—I don't know that Clarke has grown-up sons. I only saw one, about thirteen years of age—there are summonses against Walter Clarke for a doctor's bill—I did not give
Clarke any caution when I arrested him, and I did not ask him any questions, except as to his name—I put in writing what he said the Same afternoon—this memorandum-book was found in his possession.
Re-examined. On the coyer appears, "Robinson, 139, Lillie Road, Fulham," and "Manning, 219, High Street, Stratford; this bundle of letters from Manning was found at Clarke's house, also this to Huntley from Manning.
JOSEPH HELSON (Police Inspector J). I produce a certificate of the conviction of Robinson at this Court on 23rd June, 1684, for obtaining goods; tried with eleven, others; he was sentenced to five years' penal servitude—the case lasted eight days—he Was liberated on ticket-of-leave about 31st May, 1888.
Huntley's statement before the Magistrate: "I deny any guilty knowledge."
ROBINSON and HUNTLEY GUILTY .
CLARKE— GUILTY of conspiracy only. He received a good character, and the JURY strongly recommended him to mercy.— Twelve Months' Hard Labour. Robinson then
PLEADED GUILTY to a conviction of misdemeanour at this Court in July, 1884.—ROBINSON and HUNTLEY— Five Years' Penal Servitude each.
The JURY expressed their appreciation of the careful way in which the police had got up the case.
NEW COURT.—Saturday, April 26th, 1890.
Before Mr. Common Serjeant.
MR. ROOTH Prosecuted.
THOMAS DANDOW . I am a beadle, and live at 64, Clifton Street, Finsbury—on April 1st, about 7.30,1 went out, leaving the second floor lodgers upstairs—I pulled the street-door to, and it could only be opened by a latch-key—I returned with my wife about 10.20 p.m., and saw a man standing outside the door, and as she was about to put the key in, the door was opened from inside by two men, one of them said, "Oh, they are out"—I said, "What do you want?"—he said, "The people upstairs"—my wife went in and called upstairs—I do not identify the prisoner—I went to look for the police—they were joined by the man who was outside and walked away, and when I spoke to a constable they ran, and one of them was caught—I saw the prisoner at the station, but failed to identify him.
WILLIAM JOLLY (Policeman G 467). On April 1st, about 10.30, I heard cries of "Stop thief!" the prisoner ran by me and I ran after him, Caught him, searched him, and found this pair of old socks in his pocket; they are very thick, and are used to place over the boots to dim the footsteps—a bunch of keys was handed tome; the prisoner said he knew nothing about them.
Cross-examined by the Prisoner. I never lost sight of you; I did not see you throw anything away—you were in the station a quarter of an hour before the keys were brought in.
men, the prisoner being one—he pointed them out to me—I pursued them; they separated in Curtain Road; the prisoner turned into Motley Street; I followed him through several streets, into Thomas Street, where he passed Jolly; I blew my whistle and shouted, "Stop thief!" and Jolly took up the chase, and he was captured—I lost sight of him just as he was apprehended—I did not see him throw anything away—the prosecutor spoke to me about thirty yards from his house.
Cross-examined. When you ran I ran—I only saw you three—I was behind you; we did not go round a turning and pass you—I am positive you are the man.
HARRIET DANDOW . I am the prosecutor's wife—on April 1st we came home rather before 10.30, I was about to put the key in the door when it was opened from the inside by two men, who came down the steps and I saw no more of them—I do not identify the prisoner—it was very dark.
JAMES HENRY SMITH . I live at 8 A, Kick's Buildings—I was in Wood's Buildings and saw the prisoner running and the policeman after him; he threw these keys into a doorway when I was about five paces from him—I could see that they were keys, and I heard them jingle—I saw them picked up and given to a young man, who gave them to a policeman.
Cross-examined. I saw you stoop, the keys were found twelve paces from where you were stopped—they were not tied together, they were chucked in a heap—I gave them to a young man, and he, gave them to England—I picked you out at the station; I have no doubt you are the man who threw away the keys—you were running by yourself.
HENRY SCRUTTON . I am in the lamp business—on April 1st, about 10.20, I was in Great Eastern Street, and Smith called my attention to something which was thrown in a doorway—I picked up these keys-; they were separate then.
Cross-examined. Smith picked up the keys, and said, "What shall I do with them?"—I said, "Give them to the constable"—he said, "I don't like to"—I said, "Give them to me," and I handed them to the constable—he handed them to the Inspector.
GEORGE BALDOCK (Police Inspector G). On April 1st about 10.40, the prisoner was brought to the station—I read the charge to him, and he said, "That is wrong about the keys; I never had them"—Smith and Sutton brought the keys to the station, and I found one of them opened the Brahma lock on the door of the house.
Prisoner's Defence: Counter can prove that I had the socks on my feet next to my skin, and not over my boots. I saw two men in deep conversation, and overtook them, and two constables came round the corner of the street in face of the men, and Mr. Dandow pointed me out to England. I ran away not to get into trouble. If I threw anything away the policeman could have seen it. I went into an urinal and stopped there till the police came up. I knew I had done nothing wrong, and therefore I stayed there. I took my socks off and put them in my pocket. If you look at them you will see that if they had been over my boots they would have been all over mud, it being a wet night.
He then PLEADED GUILTY** to a conviction, at Clerkenwell on December 21st 1885. Six Years' Penal Servitude.
MR. HEDDON Prosecuted.
ROBERT ALDRIDGE . I live at 8, Willow Street, Goswell Road—on 29th March, about midnight, I was in Whitmore Road with my young woman—I was not sober, but I knew a little what I was doing—three men came up, and wanted to get me by myself, away from the young woman—I tried to get away; they still followed me till we got to a corner, and then they came on me all of a sudden, and one of them dealt me a terrific blow on my eye which knocked me to the ground; they kicked me and cut my nose open; I have got the scar now, and my eye is completely closed; I became insensible, and when I came to, my waistcoat was undone and my watch and chain gone—a policeman fetched me to where the prisoner was caught, further down the road—I am not able to say positively whether the prisoner was one of them—the station surgeon dressed my wounds, and I went to the hospital on Sunday morning, but did not remain there—I lost a week's work because I could not see; I am a jeweller.
ELIZABETH CAMPBELL . I am single, and live at 29, Hyde Road—I was with Aldridge in Hyde Road—three fellows came up and wanted to get into conversation with me—the prisoner was one of them, I am sure—all of a sudden they knocked me one way and my young man the other, and when I got up the prisoner was gone, and Aldridge was covered with blood—it was the prisoner who threw him down.
Cross-examined by the Prisoner. I did not say at the Police-court that I never saw you use any violence—I became senseless.
LAURA TURNER . I live at 31, Ivy Lane; I was in Hyde Road about midnight on this night, and saw Aldridge and Elizabeth Campbell coming down, and the prisoner and another man knocked them down—I am sure be is one of the men—a man with a yellow coat took Aldridge's watch, and gave it to the prisoner, who ran away.
By the COURT. It was the prisoner who took the watch, and gave it to the other man and ran away.
MARTHA ANGUS . I live at 40, Essex Street, Hoxton—on 29th March, about twelve p.m., I was in Whitmore Road, and saw Aldridge and Campbell and three men; one of whom had a brown coat—one of the men took the watch and handed it to the prisoner, who ran away—the others kicked Aldridge, and the prisoner kicked him also under the chin when he was lying on the ground.
JOHN DALLAS . I live at 57, Grain Street, Hoxton—about midnight on 29th March, I was in Whitmore Road, and saw Aldridge and his young woman in the road, and a few men round him—I saw him fall, and these chaps ran up to him, and one kept him down while another took his watch, which I saw handed to the prisoner, who ran away; I ran after him; he ran down a turning and I heard something drop, I would not stop to pick it up, but went up to him—he said, "It is all right, go on, be has gone away," and hit me on my back—I told a policeman, who stopped him.
Cross-examined. When you met me in Ivy Lane I said to you, "Have you seen a man run away with a gold watch and chain?"—you said,
"No"—and I said, "That is the one"—I do not know the others—I have not seen one of them in an oil-shop in Hoxton—I saw three of JOIL outside the Wentworth beer-house, I think it is; and when he fell down you chaps came up and held him down.
JOHN GODDARD (Policeman G 40). I was on duty in Hoxton Street—Dallas spoke to me, in consequence of which I took the prisoner in custody—I took him to the station; he was charged, and said, "I know nothing about it; I am innocent."
The Prisoner's statement before the Magistrate: "I was standing talking to a relation, Jubbs, when the young man came up."
Prisoner's Defence. When I was at Worship Street the Judge heard the witnesses, and would have given me the benefit of the doubt and settled the case, but there being a previous conviction against me he sent the case for trial; there was not one of the witnesses but made a different statement; one said I took it, and another said that another man took it, but they all said that I used no violence. I had had a drop of drink, but was not drunk. I went into Ivy Lane and saw a man with a gold watch and chain. The young woman's mother saw me standing outside a public-house at the very time this happened.
He then PLEADED GUILTY** to a conviction at Clerkenwell on 6th February 1888.— Two Years' Hard Labour.
394. WILLIAM MOORE (15) and ROSE WATKINS (20) , Breaking and entering the dwelling-house of Sarah Bugbee, and stealing a locket, ring, chain, and other articles, and £2 9s. in money, her property, to which MOORE PLEADED GUILTY .
MR. PASSMORE Prosecuted.
SARAH BUGBEE . I am a widow, of 98, Fonthill Road, Finsbury Park—on 28th March I went to bed about 10.30, leaving everything secure; next morning, at 7.45, I found my parlour window open, the catch put back, and I missed a writing desk, a glove box, a money box with £2 3s. in it, a pair of earrings, and a locket and chain, total value, about £5 10., including the money—the Police Inspector afterwards showed me the locket, chain, and earrings (produced), and a knife out of my writing desk—I know the prisoners; they have been in my shop, which, is a confectioner's, and I have seen them both at the back of my house; Our yards adjoin; they both lived there.
WALTER TARGETT (Police Sergeant I). On 29th March I examined this house—an entrance had been effected by pushing back the catch of the back parlour window; the rear of the prisoners' house abuts on it, and the back gardens join; the prisoners are brother and sister—after Moore was arrested I went to 66, Campbell Road, and saw the prisoner Watkins—I said, "Are you the sister of Mr. Moore, who is in custody for breaking into the sweet stuff shop in Fonthill Road?"—she said, "Yes"—I said, "lam a police officer, and have come for a necklet, locket, and pair of earrings your brother put in a box in this room"—she said, "I know nothing about any locket or necklet; you can search the room all over"—I commenced searching a box, and said, "If I don't find it I shall take you to the station"—she said, "You will?"—I said, "Yes"—she then put her hand in her bosom, took out the necklet,
locket, and earrings wrapped in paper, and said, "Here they are; my brother gave them to me on Saturday at dinner-time; he came to my room in the morning about seven o'clock and brought me some cards, and told me he had been round to the sweet stuff shop in Fonthill Road, to tell them that their house had been broken into; he said he had found two or three boxes on the dust-bin, and found the cards in them; I told him he must be stupid to touch them, and that he would be blamed for breaking into the house, and said, 'We will burn these cards,' which we did; my husband and I afterwards accused him of breaking into the shop; he said he had not done so; I went to a concert with my brother Bill on. Saturday night; he did not say he had done anything; I am very sorry I did not take it round to the shop when he gave me the locket"—they were then charged, and made no reply—the wall at the back of the place is only about four feet high—the prisoners' parents occupy one room in the house, Watkins and her husband another room, and Moore has a room downstairs.
Cross-examined by Watkins. You said you would have taken them round if you had known they belonged to her—you said, "I am very sorry I did not take it to the shop when he gave me the locket"—I did not say that you said you knew who they belonged to.
Watkins Statement before the Magistrate: "I am not guilty of knowing they were stolen."
Watkins' Defence: "He came on Saturday at dinner-time into my room, and gave me a locket and chain and a four penny-piece. I said, 'Where did you get them?' He said, 'They are my own; you can have them.' I did not know where they came from; I have been wearing them."
WATKINS NOT GUILTY. MOORE then PLEADED GUILTY to a conviction at Clerkenwell on April 10th, 1888.— Six Months' Hard Labour.
FREDERICK HEATH . I am deputy to Henry Dickey, at his lodgings house, 1, Macklin Street, Drury Lane—on 7th April, about 8 p.m., I was in the kitchen—I had about 4s. 10d. belonging to Mr. Dickey; some in my trousers pocket and some in my waistcoat—the four prisoners forced me into a room adjoining the kitchen, which was not lit up, pushed me on to a bed, gave me a heavy kick in the groin, and took all I had from me, including the 4s. 10d.—I was very much hurt; I feel it now—I called out, but no one came—they went away, but came back in about half an hour—Donovan and Hesse came back at eleven p.m., and I spoke to a constable in Drury Lane, and the governor gave them in custody in the street; I was not there.
Cross-examined by Donovan. I did not see you asleep on a form at the time I was assaulted, but I saw you in the room with the four.
Cross-examined by Hesse. I am quite sure I saw you come up to rob me.
Cross-examined by Sullivan. I was not standing by the fire when you robbed me; I was showing a man to bed.
Re-examined. The prisoners are the four men who assaulted and robbed
me—the man who I was showing to bed was not in the room; he was in the passage on the ground floor.
JAMES LINDSEY . I am a deputy, and live in this lodging-house—I was going up to light the lamps, and heard cries of "Murder" and "Police"—I ran downstairs, and saw Donovan, Sullivan, and Reardon coming out of the kitchen, they went out into the street—I went into the room next the kitchen and saw Heath lying on his back, he complained to me—I did not see the prisoners again till they were before the Magistrate—I am certain they were the three I saw running out.
Cross-examined by Sullivan. I saw you run out of the kitchen—you did not stop by the fire—nobody was in the kitchen when I went in.
WILLIAM SMITH (Policeman E 296). On 7th April, about 11 p.m., Heath pointed out Donovan and Hesse to me in Drury Lane, and said, "Those are the two men who assisted to rob me, and there were two others"; they both said, "Not me, governor"—I took Donovan and got another constable to take Hesse—Donovan was very violent.
Cross-examined by Hesse. You kicked, and you got your leg round mine.
JOHN ROMSEY (Policeman E 22). I took Sullivan and Reardon at 10.30 on the night of the robbery on another charge, and next morning I charged them with being concerned with Donovan and Hesse in robbing Heath, neither of them made any reply; nothing was found on them.
Cross-examined by Sullivan. I took you in Drury Lane, you were not trying to get a boy home—you and Reardon were charged with an offence.
The Prisoners' Statements before the Magistrate. Sullivan says: "I was in the kitchen by the fire when this man came in and said he was robbed. "Reardon says: "I was coming from the w. c, and going out to get my living when the man said he had been robbed." Hesse says: "I was not in the kitchen at all; a man came and told me all about it. I went away to get out of trouble. "Donovan says: "I was asleep on the form; one of the men woke me up and said, "Fred the deputy has been robbed."
The Prisoners repeated these statements in their defences.
NOT GUILTY .
Before Mr. Justice Hawkins.
MR. LAWLESS Prosecuted, and MR. JONES Defended.
GUILTY.—Recommended to mercy by the JURY >on account of his youth.— Seven Years' Penal Servitude.
Before Mr. Recorder.
ROBINSON— Nine Months' Hard Labour.
STOBART— Two Months' Hard Labour.
MR. LAWLESS Prosecuted.
ANN FRANKSEN . I am a widow, of 6, Pickford Terrace, Victoria Dock Road—I keep a small shed on the pier head of the Victoria Docks, which I use as a shop in the daytime—on 13th April, about 8 p.m., I locked it up safely and left, leaving my articles safe there—I am ginger beer, cakes, tea, coffee, bread and butter, and meat occasionally—before halfpast five next morning I was communicated with—I went and found the shed had been broken open; half the window had been taken out, and part of the chimney and roof had been taken off—I missed 1 lb. of tea, tobacco, ginger beer bottles, and a corkscrew, 5s. 7d. worth of goods, and a number of things were broken—this tea-caddy is mine—the shed had four sides and a roof, a doorway and four windows.
WILLIAM JOHNSON . I am lock man at the dock pier head—on the early morning of 13th April, about half-past four, I was passing this shed—I noticed the windows were broken, and the roof and chimney-pot' off—I gave information to the police, and went with them, and searched Cory's lobby, a shed for men to use going off to work; it is about eighteen yards from the shop—I found the four prisoners there; O'Connor and Long on the top of the cupboard under the ledge of the door, and the others behind the stove, the match-boarding of the shed—I found between Long and O'Connor 1 lb of tea and this tea-caddy, which Mrs. Franksen identified—alongside of them on the cupboard I found a bottle of ginger beer, which she also identified—I found nothing on Mack and Frith—I picked up a piece of cheese; Mack said it did not belong to Mrs. Franksen.
HENRY TAYLOR (Policeman K 184). I went with Johnson on this morning to the shed—the window was broken, and a portion of the roof off—we then went to Cory's lobby, and found the four prisoners—the lobby is kept locked, and the key is kept by Cory's watchman—the prisoners had got into it down the chimney, because it had not been opened since seven o'clock the previous night—I found this corkscrew inside the lobby; Mrs. Franksen identified it—we found a lot of ginger beer bottles.
Mack, in his defence, said he know nothing of the robbery; that he found the door of Cory's lobby open, and went in about twelve o'clock, and teas there when the robbery woe done. Frith said he did not get doom the chimney; he was in the lobby when the offence was committed.
MACK— NOT GUILTY .
LONG †, O'CONNOR †, and FRITH †— GUILTY .— Four Months' Hard Labour each.
Before Mr. Justice Hawkins.
MESSRS. HORACE AVORY, ALDRIDGE, and BIRON Prosecuted; MESSRS. BESLEY and BODKIN Defended.
JAMES BUTLER . I am a porter in the Borough Market—I live in St. Margaret's Court, Borough—on Saturday evening, 15th February, about a quarter to five, I was in the market, shutting up my stall; Alfred Howe came up and spoke to me; he seemed to be intoxicated; he had merely had a drop, I think—he was alone—I saw the prisoner there, standing outside the Harrow public-house with Mr. Blackman, about twenty yards off—he left Blackman and walked right across the road, and touched Howe on the right shoulder with his hand, and said, "What grievance you have got to settle with me, you will see me in the morning"—at that time there was three or four persons standing talking to Howe—he was talking to a man they call Doctor; Alex. Brims was there, Conner, a boy named Hall, and Milton—after the prisoner had said this Howe turned round, and the umbrella went in his face—Lamb had the umbrella in his hand, walking with it in the ordinary way, with the bottom end on the ground—as soon as Howe turned round Lamb up with the umbrella like that (describing the action)—he used both hands—Howe never spoke; he went right back—as he laid on the ground I thought the umbrella had gone in his mouth—I saw it go in his face, I did not see where it went—Howe was lifted on to the knee of Rushbrook; they call him Knacker—I saw blood come from his mouth—Lamb walked about two yards away, then turned back, with the umbrella in his hand, and said, "Instead of the end I did give you, I ought to give you this end; such dogs as you ought to be dead"—he then walked away about twenty yards, and stopped there till the constable came and took him in charge—Blackman was not there when Lamb came and touched Howe on the shoulder; he came up when it was all over, and the man was put on the van—this is the umbrella Lamb used.
Cross-examined. The blow was a deliberate charge, like with a bayonet—Howe was a shade taller than Lamb—I had seen Howe about two o'clock in the day; he was the worse for drink then—I did not see him fighting with Wilkins, I went down there when it was all over—I did not see him fall down or taken into Fisher's coffee-shop—I say that Lamb up with the umbrella and jobbed it into Howe's face—I have said, "Howe was not trying to hit Lamb when Lamb did this, he had not time to; Lamb did it as soon as he touched him on the shoulder"—Howe had his coat on, he had his handkerchief round his waist—I did not hear him say that he would fight Ted Lamb—Dalton and Brims were not holding him—from first to last he never approached to make a blow at Lamb, he did not raise his fist or in any way threaten him—Bob Butler is my father, he is in, the market—I first gave an account of this matter the day after the inquest—I went there, but they would not allow me in—we all went to the Treasury; before going there I had been to the King's Head, and I gave a statement there to Mr. Thompson, the solicitor's clerk, and he took it down in writing—Conner was there, and Hall, and Milton, and Biggs—I did not see Carter there, We talked it all over there in the presence of Mr. Thompson's clerk—that was the first time I had heard any statement by others, or made one myself—it was very nigh a fortnight after that I went to the Treasury; Thompson's clerk was there, I said the same there as I had said at the King's Head—on this Saturday it was rather rainy, and the pavement was slippery—I did not hear Lamb say, "I will see you
to-morrow, as I will not take a liberty with you while you are drunk"—I said at the Police-court that he might have used those words.
CHARLES CONNER , I am a salesman in the Borough Market—I was there on this Saturday about five—I saw Howe coming along—I saw the prisoner looking in at the Harrow; he pushed the door open and looked in, and then looked across the road and saw Howe, and ran across the road to him, touched him on the right shoulder, and said, "See me when you are sober"—Howe had his back to the prisoner, he turned round, and the prisoner took up his umbrella and poked it in his face; it went on the left side of his nose; I was watching, and he said, "That is the way to serve all such dogs as you"—Howe fell on his back; Lamb walked about three yards away, then turned round and said, "I ought to give you this part now," alluding to the top part; "all such dirty dogs as you ought to be dead years ago. Come and see me to-morrow, I win give you more"—he stopped in the market till he was arrested.
Cross-examined. I went to the King's Head, and Mr. Thompson's clerk took my statement; I came away when I had given it—I am not a personal friend of Bob Butler, no more than I am of Mr. Lamb—I did not join a committee to get up a benefit club for Howe, my name Was on the cards—I first-gave an account of this matter to Constable Webb in the market on the Tuesday after the Saturday; I believe he wrote if down—the next time I mentioned it was at the Kind's Head, and afterwards I went to the Treasury—I did not give any evidence there, because I had to prosecute Brims for knocking my tooth out; he was fined for it—I did not assault him, it was his brother—there are pillars in the market, one of the pillars was between me and the group—this was one deliberate thrust with the umbrella—I did not hear the words, "I will settle with you to-morrow; I won't take a liberty, with you now you are drunk"—I did not hear Howe say, "Let me go. I will fight him"—he was not held by anybody.
GEORGE MILTON . I am a porter in the Borough Market—on 15th February, I saw Howe there; he was walking from Dunnington's coffeeshop—I saw Lamb come Over and touch him on the shoulder—he said, "I have a good mind to poke this in your eye"—he had an umbrella in his hand—Howe turned round face to him, and Lamb said, "Take that," pointing the umbrella like that with his two hands, and it hit him in the eye and knocked him down backwards—I went and got some cabbage leaves, and put them over the blood on the ground-Howe was put in a donkey-cart and taken to the hospital—before that, while he was on the ground, I heard Lamb say, "Instead of giving you this end, I ought to have given you the other," meaning the knob end.
Cross-examined. Lamb tapped him on the shoulder three times, and then he said, "I have a good mind to poke this in your eye"—I was one of the party that went to the public-house where a clerk was writing—no one was holding Howe from rushing at Lamb that I could see, Dalton and Alex. Brims were there, and a rare lot besides—I saw Howe about half-past four that day, he had had a drop of drink—I did not see him fight Wilkins—Bob Butler did not tell me I should get £2 or £3 if I gave evidence properly against Mr. Lamb.
JOHN BIGGS . I am a porter in the Borough Market—on 15th February, about five or ten minutes to five, I was standing outside Summers' Stall and heard a bit of a squabble, I looked round and saw Howe falling—I
did not see anything till then, I was about ten yards off—I heard Lamb's voice before I looked round, I heard him say, "All such dirty dogs as you ought to be dead years ago; I have walked through this market and never interfered with anybody, but do all the good I could for everybody."
Cross-examined. I did not see the umbrella used at all—I did not hear Howe's voice at all—I did not hear him say, "I will fight Ted Lamb"—I heard Lamb say, "You come and see me to-morrow and I will give You more, I ought to have given you this end"; that was while Howe was on the ground—I never mentioned anything about this till they came and fetched me to the Treasury—I did not go to the inquest—I had seen Howe that afternoon, I saw him fight Wilkins: he had had enough then—I did not see Dalton and Brims holding him back from Lamb.
HENRY HALL . I was carman to Mr. Osborn, of the Borough Market—on the afternoon of 15th February I was in Dunnington'a coffee-shop about five—I saw Howe there, and after he left I saw the prisoner go and push open the door of the Harrow and look in—he then turned round and saw Howe by Butler's stand—he went across to him, touched him on the shoulder, and said, "Come and see me to-morrow, when you are sober"—Howe turned round, and Lamb prodded the umbrella into his face; he fell backwards—Lamb walked away about four yards, then returned and said, "Instead of giving you the end I have given you, I ought to have given you the other end.
Cross-examined. I was a witness for Butler when he was charged with an assault on Brims on Monday, the 17th March, and on the Tuesday I gave evidence in this case at the same Police-court—I saw Howe on the Saturday afternoon about four o'clock; he was drunk then, and was fighting with Wilkins—I saw him go into the coffee-shop; he made a little stagger, he fell on a seat, being drunk—afterwards I saw him go into the market, followed by Rushbrook, tying a handkerchief round his waist; he was using bad language and staggering—I believe this blow of the prisoner's was an intentional blow; no one was holding Howe at the time—on the Monday that I gave evidence in the assault case I went to the office of Mr. Shaw, the solicitor, with the prisoner's son—I described to Mr. Shaw what I had seen on this occasion, and he took it down in writing, and I signed it—I told Mr. Shaw that I had not made a statement at the Treasury, but I had—I said that because I was told by several not to tell where I had been; they were strangers to me who came to the market to buy things—I told Mr. Shaw that Howe was staggering about the market, that he fell on my legs and knocked me down—I also told him that I did not hear Mr. Lamb say he would give him the other end of the umbrella, and that Blackman stood within three yards at the time of the accident—I said to Mr. Shaw that Bob Butler promised Biggs, Milton, and me £1 or £2 if we all spoke properly, and that we had all got drunk—I said so because I had been cautioned not to give anyone any other statement—the statement I gave at the Treasury was true; I was bribed by young Lamb to tell a lie; he gave me 2s. and a new hat, and Brims gave me 3s.
WILLIAM CARTER . I am a general dealer, of 13, Bell Street—on 15th February, about 5,1 was opposite the Harrow—I saw Howe come across the road to speak to Mr. Butler's son James—I saw Mr. Lamb looking in the Harrow, he then turned his head and caught sight of Howe, and
he walked across, touched him on the shoulder, and said, "When you mind to see me, come and see me sober" and as I turned round he picked up his umbrella, and said, "Get out," and he gouged it at him and he fell down, and Lamb said, "That is the way to serve all suck dirty dogs as you"
Cross-examined. I gave an account before the Magistrate—I was at the inquest but was not called—I gave a statement at the Treasury.
JOHN BLACKMAN . I am a salesman in the Borough Market—I saw Howe there on the 15th, he appeared to be very drunk—afterwards Mr. Lamb and I were walking along Park Street and met him, and he struck at Lamb as he passed; a man they call Knacker was with him at the time—a friend of Lamb's came and took hold of his arm and took him round the corner, and we went round to the market another way—Howe was then standing in front of Butler's stall—Lamb tapped him on the shoulder with his umbrella—Howe was standing between two men who were holding him, he had his face towards Lamb, he struggled to strike at Lamb, he asked the men to let him go, and said he wanted to fight Teddy Lamb; suddenly he broke away from them and tried to strike at Mr. Lamb, and he partly fell forwards, Mr. Lamb rose his umbrella in one hand to ward off the blow, and Howe slipped and fell to the ground all of a heap on his side, the two men tried to lift him up.
Cross-examined, I have been a salesman in the market twenty-four or twenty-five years—I have known Mr. Lamb sixteen years—I went with him to the station, and gave my account to the Inspector within an hour, and then went to the hospital—the-Inspector told me to attend before the Magistrate on the Monday morning as a witness, and I gave exactly the same account I have to-day, and also before the Coroner—I was with Mr. Lamb at 2 o'clock on the Saturday afternoon; we had some refreshment at the Harrow, no intoxicants were taken, only tea; Mr. Lamb was perfectly sober—while there Howe was shouting and saying that Lamb was going broke, meaning bankrupt—he was in and out of the public-house two or three times, and I heard something break, and he instantly left; he was not turned out—the landlady and her daughter were there—the next time he came in they refused to serve him, and then he was turned out, using some very filthy language to the landlady—it is not true that Mr. Lamb and I went to seek for Howe; we only went back to the market to see the tarpaulin put over the goods—I' was by his side all the time—at the time he tapped him with his umbrella all he said was, "See me to-morrow; I won't take a liberty with you while you are drunk;" that was said in a friendly tone—both before and after that Howe said, "I want to fight Teddy Lamb"—it is not true that Mr. Lamb took the umbrella in his two hands and plunged it into his face—when he fell Mr. Lamb remained there; he did not go away—he did not say, "You dirty dog, you ought to have died years ago," or, "You ought to have the other end; if you come to-morrow you will have it," or "Take that," or "Get out"—he did not use any of the expressions which the witnesses have deposed to—the ground in the market was very slippery where they had been turning out rotten oranges; the stones are always nasty and greasy—at the time he stumbled forward he got the umbrella by accident.
By the COURT. I don't really think that anyone standing round could see whether the umbrella had struck—I could not say whether his face was
struck; it was done so quickly, and just between the lights, underneath the hop warehouse—at five it is dark—I did not see any wound or marls; on his face; I saw blood from his mouth; a man put his finger in his mouth, and blood came out—I said before the Magistrate that Howe being beastly drunk fell on the, umbrella, and then fell to the ground—I-could not say the umbrella struck him, although he fell towards the umbrella—he fell on it, but I could not say where it struck him.
ARTHUR BROWN . I am house-surgeon at Guy's Hospital—Howe was brought there about a quarter-past five on February 15th—he was completely unconscious—he had two wounds under the left eye-ball; the lower one was superficial, the larger one going deeper—I examined the deeper wound, and found that a passage had been made by some instrument underneath the eye-ball, breaking the bony wall at the back of the orbit—it was such a' wound as could be caused by the point of this umbrella—there must have been a great deal of force against the end of the umbrella, that is all I can say—he died at six o'clock the morning of the 16th—I made a post-mortem examination—I found that the nerve going to the eye-ball had been ruptured, and the artery,' and extravasation of blood in the orbit, and fracture' of the back of the eye, causing injury to the brain—the cause of death was shock, resulting from, so severe an injury.
Cross-examined. The force would be exactly the same whether the man fell on the umbrella or was poked by it—all I can is that the umbrella must have been very stiffly held—it went straight backwards—the umbrella was very pointed—the bony wall at the back of the eye is very thin—both wounds were inflicted by the same blow.
STEPHEN WEBB (Policeman). I took the prisoner into custody between five and six on the 15th—I charged him with violently assaulting Howe—he said, "It is a bad job"—at the station he said, "I have been continually annoyed by Howe; he struck me, and I shoved him off with, my umbrella in self-defence."
Cross-examined. I found him waiting in the market for my arrival—Blackman was with him; they both went with me to the station.
Cross-examined. Blackman came in with him, and gave his name and address—none of the other witnesses came to the station that night—Conner came after the inquest—at that time Blackman had been examined before the Magistrate and the Coroner—Carter had not been examined before the Magistrate; Osborn and Brims were before the Coroner.
The Prisoner's Statement before the Magistrate: "I am net guilty, and desire to call witnesses here."
Witness for the Defence.
ALEXANDER BRIMS . I am a carpenter, and live at 146, Queen's Buildings, Borough—I was in the Borough Market on Saturday afternoon, February 15th, between five or half-past, standing in front of Butler's stall—I. saw Howe come up, and stand near me; Dalton was by my side—Howe asked Dalton to look after him while he had a fight with. Lamb—I saw Lamb come up the market with Blackman—Dalton laid
hold of Howe on one side and I oft the other—Lamb said he Would see him to-morrow—Howe struggled to get away from us; we let go, and he moved in a fighting attitude, and threw himself forward on the umbrella—he was putting up his hands to fight—the umbrella went in underneath his eye—I saw that Lamb was holding the umbrella in hit right hand; he was bringing it up when the accident occurred—he may hare taken one step forward—Howe fell to the ground—I did not hear Mr. Lamb say anything to him while he was on the ground—ha said nothing about the knob of the umbrella, nor used any expression about dirty dogs.
Cross-examined. There was a good deal of noise and confusion as soon, as the man fell—I remember all that was said—one or two ran to get some water—Howe went on one leg, it gave way, and he then fell back—I say that he fell forward on the point of the umbrella—I and Dalton were not holding him—at the time Mr. Lamb came up he tapped him on the shoulder with the umbrella—we laid hold of Howe then—Lamb had not raised his umbrella before Howe fell on him; he was raising it at the time to defend himself, I should think—he was standing about three feet from him at the time we let go of him; he was then in a fighting attitude.
The JURY here interposed, and stated that there was no necessity to hear further evidence; they were of opinion that it was not made out that the act was wilful.
NOT GUILTY .
MR. BAYLIS Prosecuted, and MR. LEVER Defended.
WILLIAM SKINNER . I am a cowkeeper, in Standing Road, Wandsworth, and am agent for George Glazier and others, of 6, Spring Gardens. Charing Cross—they had a stack of hay in a field at Wimbledon—on 3 let March, about half-past two, my attention was called to it; it was on fire—my sons brought three boys to me; the prisoner was one of them—he was the oldest of the three—I asked who did it; they blamed each other—they were taken to the station—the stack was entirely destroyed—it was worth about £150; it was insured.
Cross-examined. There was no loose straw near it—it was about two hundred yards from my house, which was the nearest—I knew the boys, and they knew me—a road passes within twelve yards of the stack.
WILLIAM SKINNER, JUN . I saw the stack on fire, and saw the prisoner about two hundred yards from it, running away with two other boys—I caught the prisoner—he said, "It was not me"; and the others said, "It was not me"—at the station the prisoner said, "I struck a match, and set fire to the hay; it all flared up, and we ran away."
The Prisoner's Statement before the Magistrate:" I struck the match and put it under the hay, and it flared up, and I went and got through the fence.
Before Mr. Recorder
MR. WILMOT Prosecuted.
CHARLES ROBINSON . On 29th March, shortly before 2 a.m., I went to 25, Crown Street; Camberwell, with other officers—I found the back door open—I knocked at the door of a back room on the ground floor—someone inside said, "Who is there?"—Sergeant Leonard said, "Open the door"—someone said, "You wait a minute"—we broke the door open and found the two prisoners in bed together—we told them we were police officers, and suspected them of making counterfeit coin, and should take them into custody—I took Archer, who said, "I know nothing of what you are talking about"—the room was searched, and I saw Sergeants Bennett and Garnett find this mould on a shelf near the cupboard in the room, and these other articles, which are such as are used for making counterfeit coin, in other parts of the room—Leonard showed them to the prisoners—they made no remark in my hearing—at the station, before they were charged, Archer said to me, "I am as innocent as a child, I know nothing about it, I have been put away"—Batchelor said, "It was my old man who put me away; he done two years, and was the cause of my doing eighteen months"—I said, "For the same thing?' she said, "Yes"—they were charged with being in possession of the implements, and made no further reply.
"WILLIAM LEONARD (Police Sergeant L). I was with the other officers—I searched Batchelor's clothing before she put it on, and in her dress pocket found a purse containing 2 1/2 d. good money—between the bed and the palliasse. I found these two pieces of tissue paper such as are used for, wrapping up counterfeit coin to prevent their rubbing—Sergeant Bennett found the mould—I found other articles—Batchelor said, "It is no use you looking for any more; you have got all there is"—on the way to the station she said, "What did you expect to find there?"—I said, "Some bad money"—she said, "Ah! you were too late; it was all gone; my old man has done this for me; he got two years for it himself, and caused me to get eighteen months."
BENJAMIN BENNETT (Police Sergeant P). I found the mould on the mantelpiece, close to the cupboard in the room where the prisoners were—I said, "Here is a mould which no doubt has been used for the purpose of making three penny pieces; how do you account for it?"—they both said, "We know nothing about it"—I was in the room when Leonard was making the search—I heard what was said, and I corroborate him.
CHARLES GARNETT (Detective P). I was with the other officers—in the cupboard by the side of the fireplace I found this jar, containing some sand, part of a metal spoon that had been melted, this ladle, a bottle containing acid, two knives with whiting in the blades, two brushes, part of another spoon, and a file—all those things were on different shelves in the cupboard in same room with the prisoners I said, "There is a lot of things here; what are these for?"—they both said, "We know nothing about them"—these articles are used in the manufacture of coin.
at some time—there are two gets here belonging to a three penny piece—these other artic'es form part of a masher's stock-in-trade.
Batchelor, in he defence, said that she knew nothing of, the things; that her husband, with whom she was tried, and who was in prison, had put them there.
ARCHER— NOT GUILTY . BATCHELOR— GUILTY **— Two Years' Hard Labour,
MR. MUIR Prosecuted, and MR. MALCOLM DOUGLAS Defended, ALBERT MARTIN . I live at 41, Church Street when I am in London—I am an able seaman in the merchant service, and am a member of the "Sailors' and Firemen's Union—at half-past nine p.m. on 13th December last year I met the prisoner and Pleasance at London Bridge Tavern—I knew Pleasance before, but not the prisoner—we referred to the gas strike, and then I referred to "Wilson—Hornsley said he was a b-y fraud—I said I would not-believe it till it was proved, and Hornsley said he could prove it, and he then produced a pamphlet, the same as this. (The pamphlet was read: it accused Wilson of perjury, lying, and incompetent, dishonourable, and felonious conduct)—after he had read passages from that libel I asked him for a copy of it—he said I would get one soon enough; there were 12,000 of them in print, and I would get one after the gas strike was over—I afterwards spoke of it on board ship, and they advised me to go and see Wilson—I went a voyage, and when I came back I was told Wilson wanted to see me—I saw him, and afterwards went before the Magistrate.
Cross-examined. I am not in Wilson's employment—he pays my expenses in coming to London—I have not been serving the Seafaring Union, and received wages from them, only on this case—I have not been employed by Wilson, and paid money to make inquiries—I did hot know the prisoner had been president of the Tower Hill branch—I went to sea the day after I saw this pamphlet, and I went from London to Sunderland—that is where the head office of the Seafaring Union is—I saw Mr. Wilson—I knew nothing of Abbott, the man who wrote the pamphlet, at that time—I saw in Seafaring, the organ of this society, that Abbott was being prosecuted for writing this—I know nothing about the dispute between the Tower Hill branch and the head office—I knew Pleasance was the secretary—I had been his shipmate—I heard he had been expelled from the secretaryship of the Tower Hill branch—I do not know there are 2,000 members of that branch, or that there are eighty or ninety branches—there are fifty-four or fifty-five branches, regulated by the executive council in Sunderland, I have heard—I have heard there are more than 90,000 members—I have to pay 5d. a week subscription—I don't know that the Tower Hill branch demanded a statement of accounts from the executive—I don't remember telling Pleasance I was a spy in Wilson's employment—I won't undertake to say I did not say it, but I am not a spy—I asked him to give me a copy of the pamphlet after he had read it, not before he read it—I did not know it was in existence till he read it—we talked about the gas strikes—I took no notice of the conversation till the prisoner said Wilson was a b——y fraud,
and then I said I did not believe it—he said nothing about Abbott—he said, "If you don't believe it, here it is in print," and he pulled out the pamphlet—I had not read the pamphlet in Seafaring; I never heard of it till he read it to me—I believe the greater part of it has been published in Seafaring since we were at the Police-court—I believe that was after Abbott was tried—it was headed "Abbott's Friends in Trouble," it was somewhere about March, I think, I could not swear to it.
Re-examined. It was said there were about 2,000 members of the Tower Hill branch—I don't know if thirty-five left when Pleasance was expelled—after Hornsley said this to me I went a voyage to Sunderland, came to London, and went to Bilbao; I was away seven weeks—I arrived home on 31st January, and went before the Magistrate.
JOSEPH HAVELOCK WILSON . I live at 174, High Street, Sunderland, and am general secretary of the National Amalgamated Sailors' and Firemen's Union—I have seen copies of this pamphlet—I am the J. H. Wilson referred to—I was present at Durham Assizes when Arthur Abbott was prosecuted for publishing this as a libel before Mr. Justice Day; no plea of justification was filed; I was the prosecutor—he was defended by Mr. Milvain, Q. C., convicted, and sentenced to six months' imprisonment with hard labour—he signed his name to the pamphlet—I think ho had assistance.
Cross-examined. I prosecuted Abbott for the libel, and four other men for publishing it—the prosecutions against the four fell to the ground, as the witnesses were not present; that was not my doing; the Bill was before the Grand Jury at Durham—I should say there are about 80,000 members of this society subscribing five pence a week—I am founder of the union and secretary; there are twenty men on the executive committee—the secretary of the Tower Hill branch, Mr. Pleasance, Hornsley, and fifty-six members have been expelled within the last six months—I don't Know if Hornsley was president—you have not shown me the minute saying he was elected; when the prisoner was expelled he was an honorary member—our half-yearly report was published at the end of June last year, showing the total amount received at the head office from each branch, how much was spent, and how much was in hand; the report was submitted to the annual conference in Cardiff, at which ninety delegates from all parts of England were present—I have never forwarded to the Registrar of Friendly Societies any report or statement of accounts, and I don't intend to till the report comes out next June; then it will be due—the union was formed in 1887; the secretary's salary is £250 a year; the solicitor receives a halfpenny a week from all the members, for which he has to provide legal assistance for all members throughout the country—when the rules were amended that rule was rescinded at the request of the union—the registrar had registered it—I have submitted to the executive council every quarter a financial statement, and they have approved; and the resolutions passed by the executive council have been sent to every branch of the union—the financial statement has not been sent to every branch, by direction of the executive council—an annual report is now being prepared for circulation—it was not a subject of complaint by many branches—we did not suspend or expel those who complained—Pleasance and the prisoner were not expelled for that reason; they never asked for one—I never had a word of complaint about the balance-sheet
or statements—I have prosecuted the secretary of the Tower Hill branch for detaining books of the society—the branch has not met and refused to expel him—fifty-six members of the branch have been expelled—we cannot recover the books; there is an appeal pending about them, I believe—before I started the union I was a hotel proprietor for over five years; I gave it up when I went to the union—that is the reference to the cook-shop—the fifty-six men we expelled we were convinced were not working for the union's interest, but for persons employing them at a price to try and break up the onion—I dispute that there was a bond fide dispute between the Tower Hill branch and the union—I wrote telling Pleasance he was expelled—when Martin reported what the prisoner and Pleasance had stated in this public-house, that Wilson was a fraud, and so on, the matter was brought under the attention of the executive council, and they stated that if Pleasance had any complaint against the general secretary, it was his duty to send his complaint to the general council, my masters—we had a meeting, and expelled Pleasance without asking him for his explanation; it was according to the rules.
Re-examined. This book is kept under my control—I see it constantly—by this minute I see that the executive heard the charge against Pleasance and others; and a resolution was passed, giving me notice to give Pleasance a month's wages in lieu of notice, and he was to give up the books and property of the union—I sent that communication to him, and he replied that he would not give of the books and property; and I heard they complained that we had given them no opportunity of being heard, and then I called the executive together to give him a chance of being heard, and gave him notice of the meeting, but he did not appear, and he was then expelled.
MR. DOUGLAS submitted that the publication complained of woe a privileged communication, it hating been made by one member to another member of the same union, and that there woe no evidence of malice
The RECORDER overruled the objection.
GUILTY.—The JURY added that they did not find the defendant was guilty of active malice. Fined One Shilling.
Four Month' Hard Labour.
Nine Months' Hard Labour.
MR. GILL Prosecuted.
GUILTY of Indecent, Assault.— Eighteen Months' Hard Labourer.
Before Mr. Common Serjeant.
MR. WILMOT Prosecuted.
WILLIAM FLETCHER . I keep The Grapes, High Street, Borough—on 2nd April the prisoner came in and joined a woman, and called for something to drink, but he was intoxicated, and I would not serve him—he then asked for a pennyworth of tobacco, and tendered a bad shilling to the barman—while I was testing it he ran out without waiting for the change—shortly afterwards I saw him outside, talking to the woman Mary Brown. (The bill against Brown was ignored)—I sent my potman for a constable, and afterwards saw the prisoner at the station—Brown had been served before the prisoner came in; he was not so drunk, he ran like anything.
WILLIAM PALMER (Policeman M 193). On April 2nd Mr. Fletcher: called my attention to the prisoner and a woman 150 yards from The Grapes—I told them I should take them in custody for being concerned-! in passing a counterfeit shilling—the prisoner broke away from me, and ran about 200 yards; I caught him—he laid down, and threw me about: four yards, and ran away; as he ran he threw a shilling from his trousers pocket—I secured him; he appeared drunk—I found on him at the station a knife and 3 1/2 d.
WILLIAM SAUNDERS , I am potman at The Grapes—I followed the prisoner and a woman from the house—Palmer endeavoured to arrest him, but before that he threw something away, and I picked up this counterfeit shilling (produced) and gave it to the constable.
Prisoner's Defence: I cannot remember anything which happened that night. I was intoxicated all that day; it was pension day; and if I had a bad florin it must have been given me during the day.
GUILTY . He then PLEADED GUILTY** to a conviction at this Court on 19th March, 1883, of feloniously uttering counterfeit coin, after a previous conviction.— Fifteen Months' Hard Labour.
ABEL PLEADED GUILTY .
MR. WILMOT Prosecuted.
ALFRED NICHOLS (Police Sergeant L). On March 30th, about 7.30 p.m., I was with Sergeants Comber, Cox, and Brogan at the corner of York Road and Sutton Street, and from the knowledge we had of the prisoners we watched them, and followed them to the Lion tap; they came out, and we followed them, stopped them, and said we were police officers, and suspected they were in possession of counterfeit com—they both attempted to get away—I seized Abel; Sergeant Brogan held him, and I searched him, and found in his right trousers pocket these five counterfeit florins (produced), with paper between the bottom and second one, but not' between the other three, and in his left trousers pocket sixpence in silver—I asked him to account for the five bad ones; he made no reply—I saw nothing thrown, but I saw Cox pick up a florin.
ALFRED COMBER (Detective L). I was with Nichols—I caught the prisoner in College Street, about fifty yards from where he started, and in turning a corner he put his left hand into his trousers pocket and threw something away; I heard a jingle; I still ran after him, and
caught him—he said, "God blind me, governor, I have got nothing"—I had said nothing—I held him while Cox searched, and found in his right trousers pocket a sixpence and threepence—that was not the pocket I had seen him take the other coin out of—I saw Cox pick up this counterfeit coin at the spot where I had seen Unwin throw something.
DAVID COX . (Detective Sergeant L). I was with the three sergeants, and saw Comber stop the prisoner—I saw him throw something away; I went to the spot afterwards, and picked up this florin in the gutter.
Prisoner's Defence: A man gave me the coins in the Lion tap. I had not got above six yards when the detectives came up; I made a run, but he caught me.
UNWIN— NOT GUILTY .
ABEL— Six Months' Hard Labour.
MR. WILKINSON Prosecuted.
ELIZABETH HALL . I am the wife of Adam Hall, a tobacconist, of 131, South Lambeth Road—on April, about 1.30, I served the prisoner with half an ounce of tobacco, price twopence—he gave me a florin, and I gave him a shilling, a sixpence, and fourpence—alter he left I bit the coin: it was gritty, and it bent—I went out and said, "Height this is a bad one"—he was a few yards off; he ran away and I ran after him; a gentleman stopped him, and I told him he had given me a bad coin, and showed it to him—he said, "I did not know it was bad"—I gave him in custody with the florin; this is it.
DANIEL JOHN FORD . I am a brass finisher, of 46, Tradeseant Road; I was in Short Street, heard someone calling "Stop thief!" and saw the prisoner running; I ran about twenty yards after him, and closed with him—he said he should like to stride me dead—another man was running in front of him—Mrs. Hall came up and said the had tendered a bad florin in her shop—he said he did not know it was bad, and offered her a good one for it—he was given in custody—the man in front got away.
WILLIAM CADWALLADER (Policeman W 155). I took the prisoner to the station, and found on him a florin, a sixpence threepenny-piece, fivepence, and half an ounce of tobacco—he gave his address, 61, Gravel Lane, Southwark.
Prisoner's Defence: I did not know the florin was bad. I had 14s. 4d. on me.
GUILTY†.— Twelve Months' Hard Labour.
409. ARTHUR COKER (26), CHARLES REEVES (22), GEORGE ADE (19) and ROSE DAVIES (22) , Unlawfully having counterfeit coin in their possession, with intent to utter it, to which REEVES, ADE, and DAVIES PLEADED GUILTY .
410. ARTHUR COKER was again indicted for feloniously having counterfeit coin in his possession, with intent to utter it.
MR. H. HEDDON Defended.
in West Square, Kennington Road, with Comber—I saw the prisoner enter the city Arms—I looked through the crevices in the door, and saw him talking with Ade, Beeves, and Davies in the bar; they were all in a group—they remained ten minutes or a quarter of an hour, and then came out and went up Brook Street—we secreted ourselves in a doorway, and when they got within fifty yards of us we came out to meet them—immediately on seeing us they crossed the road, and went to the corner of Kennington Road and Brook Street, and into the bar of the Tankard public-house—I and Comber followed, and said, "We are police officers, and we suspect you are in possession of counterfeit coin; stand still, we shall have to search you"—Coker made a rush to the street door—I had an umbrella; I told him if he did not go back I would knock him down—we called on the landlord to assist us—he came over the bar, and dropped the bolts of both doors—I asked him in the prisoners' presence to lend for assistance to the station—we got assistance, and arrested all four prisoners after about three or four minutes—I found in Reeves's left trousers pocket a counterfeit half-crown loose—I asked him what account he could give of it; he made no reply—I searched Coker, and found a florin, eight shillings, two sixpences, and 1 1/2 d. all good in his left trousers pocket——at the station I searched Beeves, and in his coat-pocket found two packages, one of which contained this base half-crown in this paper, and the other contained eight base half-crowns separately wrapped in paper—I received nine counterfeit half-crowns separately wrapped in two slips of paper from the female searcher, and also a purse containing sixpence and threepence in silver and 2 1/2 d.—I received those in Davies' presence; she said nothing then, but she made a statement at the Police-court—I had known Coker before 20th March—I had seen Davies for about a month before—I have seen them together in the street, and go into 8, Great Charlotte Street, Blackfriars Road together—I have known Coker as an omnibus conductor in the London General Omnibus Company—I saw him following that occupation almost daily last year, and the early part of this—I hire seen Ade on the knifeboard of the omnibus with him for some months—I have seen them enter dining-rooms, together on several occasions during the same period.
Cross-examined. No counterfeit coin was found on Coker or Ada—I told the Magistrate I said I should knock Coker down if he did not go Back—at the Police-court Davies said, "Arthur knows nothing about this; the other two men asked me to carry it for them."
ALFRED COMBER (Detective L). I was with Nichols on 20th March in West Square, and saw the prisoner and the other persons together—they left the City Arms, and we followed them to the Tankard—we went in, and I said to Ade, the others being able to hear it, "I am a police officer, and suspect you are in possession of counterfeit coin"—he made no answer—Coker made a rush, and pushed by me to the door; Nichols stopped him.
EMILY BARBER . I am female searcher at Kennington Road Station—I searched Davies on 20th March, and found nine counterfeit half-crowns in her jacket pocket in a parcel, with paper between each—she said, "I am done now—I handed the packet to Nichols—I also found a good sixpence and a penny.
together and took a sitting-room and bedroom at our house as Mr. and Mrs. Baker; they came in the same evening—he said he was a 'bus conductor—I asked where her place was; he said, "At the Horns, Kennington"—he paid the rent—they lived there together as man and wife flown to March 20th—Ade called every morning at 7.30 a.m., except Sunday; he went to their room—they went out together each time he called—he was there on 20th March at one o'clock.
WILLIAM JOHN WEBSTER . I am Inspector of Coin to the Mint—here are nineteen half-crowns altogether, all counterfeit, several of which are from the same mould—several of those found in Beeves' pocket are from the same mould, and this loose one is from the same mould as some in the pocket—some of those found in Davies' pocket are from, the same mould as those found in Beeves' pocket—there is one short from each packet the two together make half a load.
The Prisoner, in his statement before the Magistrate, denied knowing that the other prisoner had the coins.— GUILTY , He then PLEADED GUILTY to a conviction at this Court on 28th July, 1884, in the name of Richard Rudd , of unlawfully having counterfeit coin in his possession.— Five Year Penal Servitude.
REEVES— Eighteen Months' Hard Labour.
ADE— Judgment respited.
DAVIES— Nine Months' Hard labour.
The GRAND JURY made a presentment commending the conduct of Sergeant Nichols and the other officers, in which the COURT and JURY concurred,
MR. POYNTER Prosecuted; MR. ALDOUS appeared for Nolan, MR. BIRON for Cain, and MR. MEATES FOR Wood,
MARTHA HUTCHINSON . I am a widow, and keep a coffee-house, 80, Spa Road, Bermondsey—on Saturday night, 15th March, I went to bed at a quarter or half past twelve, and fastened the house myself—it is a corner house, with a side door in Marshall's Court, and two side windows, which were bolted—I was roused by the police about 1.30, went down and found the window wide open, the shutters open, and a policeman standing outside—Nolan was lying in the bar, apparently asleep—I missed two dolmans from a nail on the street door, and 8 1b. of sugar from a shelf in the bar.
Cross-examined by MR. ALDOUS. The shoo door opens into Spa Road; you go into the shop, and there is a little door into the bar—the customers sit in the shop—Nolan was in the bar; you get there from the shop—that door was bolted with three bolts when I went to bed—I have known him as a customer; he lives quite close—we closed soon alter eight o'clock—I went into the bar to light the gas before I went to let the policeman in, and found Nolan there, asleep—he had no hat and no boots—I think he had had something to drink—I went to the station when he was charged, and heard the prisoner Wood say something—it must have required an instrument of some strength to force the catch, as it Was straight up.
Cross-examined by MR. BIRON, The shutters were outside the window; they were wide open, and the window was thrown up from the bottom—when I went to Marshall's Place the prisoner Cain came up to me and
said, "What is the matter?"—I said "Some person has broken into the place"—I saw the policeman take him outside the window in the court.
Re-examined. You get into the bar from the shop by a door with a bolt to it; anybody being in the shop, there was only the bolt to stop them getting into the bar—anybody could jump over the counter without touching the bolts. Cornelius.
GARNER (Policeman M 320). On 16th March, at 12.45, I saw Cain moving from the side window of Mrs. Hutchinson's coffee house—I turned my light on him and On the shutters, which were closed, and apparently all right—he went into 1, Marshall's Place, where there is no outlet—Nolan and his parents live there; that is ten; or twelve yards from the side door—I heard the fastenings either bolted or locked—I went a short distance down, and returned and examined the shutters; they were not fastened; I opened them and found the window open, it had been forced, the catch was standing upright—I rang the bell, Mrs. Hutchinson admitted me, and' I found Nolan in the bar, lying on the floor apparently asleep—I shook him-and asked him what he was doing there; he did not reply—I sent Mrs. Hutchinson for assistance, and she returned with Blexam, who I left with Nolan, and went to Marshall's Place and saw Wood come from No. 1—I told him I should take him in custody for being concerned with a man inside for breaking into the house—he said, "I don't know anything about it, I have just come out of 1, Marshall's Place"—I said, "Do you live there?"—he said, "With Mrs. Welsh"—I went there and saw a female, and said, "Do you know this man?"—she said, "Yes, he has just been here"—Mrs., Welsh was not to be found there—I said, "Is he your husband?"—she said, "No; the one with no boots on is my husband"—Nolan had no boots on—Mrs. Hutchinson said she had missed some dolmans, and I found these two dolmans at 1, Marshall's Place, on a bed in the front room ground floor, and a quantity of sugar—the prisoner Nolan occupies that room—as I left the house, Cain came up—I recognised him as the man I had first seen, and told him I should take him in custody—he said, "I don't know anything about it; I have only just come up"—at the station he said, "I was just asking what was the matter when he" (pointing to me) "took me by the neck—Nolan said "How about those two who told me there was a lot of money there? Not these two"—Wood said nothing—Cain lives in Arnold's Place, seven or eight minutes' walk from the coffee-shop.
Re-examined by MR. ALDOUS. I shook Nolan, but lb did not rouse up—Dobson was not there then—I asked Nolan what he was doing; he made no reply—the sugar and the brown dolman were on the bed, and the black dolman under the bed.
Cross-examined by MR. BIRON. Cain was in front of me when I first saw him; he saw me, and moved away from the window—when I turned my light on him he was in front of me, and when he saw me he walked in the direction of Manor Place—Marshall's Place is not very well lit, unless I had turned my light on him I should not have seen who he was—he wore a hat—I had seen Wood before—I saw Cain actually go into 1, Marshall's Place, I was following him down—he said, "I was speaking to a woman outside," when I was taking him to the coffee-house after I arrested him—I heard Mrs. Hutchinson say that he had been talking to her.
Cross-examined by MR. MEATES. Marshall's Place is a cut de tae, there is only one entrance, there is a warehouse at the end—I came from Spa Road—I had not Been Wood before that evening—I arrested him seeing him come from the house "where I had seen Gain go in—the only female living in the house was Nolan's wife—I do not know that her name was Welsh before she wad married, or that she is his wife—I was two yards from Cain.
WILLIAM DOBSON (Policeman M 135). On 16th March, about 1.45, I was called to Spa Road, and found Garner there—Nolan was lying on the floor of the bar, with no shoes or hat on—I roused him, and said, "What are you doing there?"—he said, "Some men have brought me in"—I heard something drop in the fireplace near him, and found this key, which belonged to the side door leading into Marshall's Place—I asked him how he came by it—he said, "Somebody must have put it in my pocket."
Cross-examined by MR. AUDOUS—He appeared to have been drinking, but was not actually drunk then.
STEPHEN HAMMERS (Policeman M 299), On this Sunday morning I went to 80, Spa Road, and found Garner there and the three prisoners—Nolan was sitting in a chair in the bar, with his back to the fireplace, without hat or boots, and Wood was standing close to him—I went with Garner to 1, Marshall's Place, and saw these two dolmans and the sugar found—I took Wood to the station—when I was in the shop I heard a chink, and saw Dobson stoop and pick up this key out of the grate.
Cross-examined by MR. ALDOUS. I said before the Magistrate that I saw Dobson pick-up something, and this key was produced afterwards—I daresay Nolan had had half a pint of beer, but lie was to all intents and purposes sober.
Cross-examined by MR. BIRON. Nolan's father and mother, and a woman, who I have since heard is his wife, live at 1, Marshall's Place.
WILLIAM MOSS (Police Inspector M). I was in charge of Bermondsey Station when the prisoners were brought in—Mrs. Hutchinson came there, and another woman, who I believe is Nolan's wife—when charged, Nolan said, "What about the other two men who said there was plenty of money in the house, not these two men? "pointing to Gain and Wood, "but two others"—after the charge was taken Wood said to Cain, "What about the black cat that you killed?"—I said, "When was that?"—Cain replied, "To-night"—Nolan's wife pointed out Wood as the man who brought the dolmans and the sugar into the house—Cain said he knew nothing about the burglary—the catch of the kitchen window had been pushed right back—the window in the side passage was open.
Cross-examined by MR. MEATES. It would take a powerful instrument to push the catch back—I did 'not Question Cain respecting the charge, only about the cat—I was at the Police-court when Cain was committed—he said: "I was not there at all; I know nothing about the lady; I was coming along and saw the lady at the top of the street in a strange dress. I said to her, 'What is the matter?' She was going 'Oh! oh!' and said, 'Someone has broken into my house' The constable seized
me by the collar and said, 'I want you' I said, 'What for?' He said, 'I will tell you when I get to the station.' I said, 'I will go, but I am innocent, whatever it is.' At the station he charged me with burglary, and I said, 'I know nothing about it. '"
Nolan, in his statement, said that he had been to a friendly meeting, and remembered nothing till he teas woke up by the constable, Wood stated that he picked up a parcel, and seeing the door of No. 1 open he went in, knowing a young woman there, and asked her to mind it till the morning, as someone might have keen drunk and dropped it, and as he was leaving the court he was apprehended,
NOLAN— GUILTY. — Nine Months' Hard Labour.
WOOD— GUILTY of receiving.— six Months' Hard Labour.
CAIN— NOT GUILTY .
ADJOURNED TO MONDAY, MAY 19TH, 1890.