CENTRAL CRIMINAL COURT
EIGHTH SESSION, HELD MAY 25TH, 1891.
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.
STEVENS AND SONS, LIMITED, 119, CHANCERY LANE.
Law Booksellers and Publishers.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT
Held on Monday, May 25th, 1891, and following days.
BEFORE the RIGHT HON. JOSEPH SAVORY, LORD MAYOR of the City of London; the Hon. Sir HENRY HAWKINS , one of the Justices of Her Majesty's High Court of Justice; Sir JAMES CLARKE LAWRENCE , Bart., Sir JOHN WHITTAKER ELLIS, Bart., M. P., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q. C., Recorder of the said City; DAVID EVANS , Esq., PHINEAS COWAN , Esq., STUART KNLLL, Esq., GEORGE ROBERT TYLER , Esq., WALTER HENRY WILKINS , Esq., GEORGE FAUDEL PHILLIPS, Esq., FRANK GREEN , 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.
AUGUSTUS HENRY GLOSSOP HARRIS, Esq.,
CENTRAL CRIMINAL COURT
SAVORY, MAYOR. EIGHTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two start (**) that they have been more than once in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, May 25th, 1891.
Before Mr. Recorder.
No evidence was offered.
NOT GUILTY .
GOOD— Fifteen Months' Hard Labour. LEVER— Twelve Months Hard Labour.
MR. BAYLIS Prosecuted.
EDWARD BARTON . I am a painter, and live at 4, Colchester Mews, Fulham—on 2nd May I was in the Bedford Arms; the prisoner was in the same compartment; there were two little boys with me—the prisoner clouted them; I asked him why he did it—he said, "You can have the same," and he hit me, and then I clouted him—then he struck at me; I stopped his blow with my arm, and hit him with my open hand—the potman told me to be quiet, or else go outside—I left off and went to the other end of the counter, and stood with my back against the counter for a few moments—after about ten minutes I stooped to pick up a piece of-paper from the floor, and went to the gas to get a light, when the prisoner made a stab at me, and hit me in the face; I turned round and saw him coming to make another blow, and the potman stopped him—I saw the point of a knife in his hand—I bled a good deal, and went to the station, and they sent for a doctor.
Prisoner. I only struck one blow.
Witness. He deliberately struck me two blows in the face.
—I saw the prosecutor strike the prisoner in the face with his fist—I came out from the bar, and caught hold of him, and told him he would have to go out—he said he would be quiet; he pulled out his pipe, picked up a piece of paper, and went to the gas-jet to fight it, when the prisoner struck him in the left cheek with a knife—I saw the knife in his hand; I caught him by the wrist, and held him till a constable came—I do not know what became of the knife; I never saw it again—I only saw the prisoner strike one blow; he was going to strike a second, but I caught him by the wrist—I wish to say that I have seen him in the house on several occasions, and he has always behaved in a straightforward manner, and I never heard a blackguard word out of his mouth.
EDWARD EATON PATTISON . I am surgeon to the T Division of Police—on 4th May, about 4.30, the prosecutor was brought to the station, suffering from an incised wound on the left cheek, about five-eighths of an inch long, and reaching to the bone; it had severed one of the arteries in the cheek, and he was losing a great deal of blood; there was considerable difficulty in stopping the hæmorrhage; it was such a wound as would be caused by a pocket-knife; he is perfectly right now.
CHARLES RYMER (T 511). I was called to the Bedford Arms—I saw the prisoner being held by the potman, and the prosecutor bleeding from the left cheek—he said he had been stabbed by the prisoner, and he gave him into custody—the prisoner said, i: I have not got a knife "—he was searched at the station; no knife was found—there were several people in the bar.
The Prisoner's Statement before the Magistrate:" I am very sorry if I did it; I expect I was in drink at the time."
Prisoner: I am very sorry for what I did do, but I had great provocation; I never spoke to the man, and he struck me under the chin—I suppose I was exasperated, and I was drunk.
Witness for the Defence.
ARTHUR WYBORN . I live at Fulham—I was at the Bedford Arms—I saw the prosecutor strike one blow at the prisoner with his fist; he was drunk; I tried to get him home several times, but he would not come—I did not see him hit the boys; I went home.
GUILTY of unlawfully wounding,
He received a good character.— Three Months' Hard Labour.
MR. SAUNDERS Prosecuted,
JACQUES BROMWER . I am a printer's clerk, and live at 82, The Grove, Camberwell—on 16th May, about half-past two in the afternoon, I was on Tower Hill in a small crowd—the prisoner was standing next to me; I did not feel anything, but I happened to look down, and saw my chain drop from the prisoner's hand—my watch was gone; I caught him by the arm, and held him till a constable came; I have never seen my watch again.
EDWARD CHEAL (H 235). The prisoner was given into my custody by the prosecutor—I charged him with stealing the watch—he said, "I know nothing about; I had my two hands in my pockets when he caught hold of my aim. "
NOT GUILTY .
NEW COURT.—Monday, May 25th, 1891.
Before Mr. Common Serjeant.
MR. WOOD Prosecuted.
ELLEN HOLMES . I live with ray brother, who keeps a general shop at Wennington, Essex—on 29th April, about 2.30 p.m., I served Sandel with some bread and cheese—he gave me a sixpence, and I gave him fourpence change—somebody had stolen the silver till, and I put the sixpence in the till where there was nothing but coppers—about five o'clock I saw Sandel in custody—I gave the sixpence to the police next day without marking it.
Cross-examined by Thompson. I did not see you; I missed the silver till before Sandel came in, and have not recovered it.
MARY CLARKE . I keep a tobacconist's and sweetstuff shop at Wennington, Essex—on Wednesday, 21st April, about 2.30, I served Sandel with a penny bottle of ginger beer—he gave me a sixpence, and I gave him fivepence in coppers—I put the sixpence in my pocket with other money, and afterwards gave it to a milkman, who brought it back to me the next Monday, and I gave it to the police.
Cross-examined. I cannot say that this is the coin you gave me—the milkman is not here.
FREDERICK GODDARD (Policeman). On 29th April, about four p.m., I met the two prisoners about six miles from Wennington, and said, "How far have you come up the road?"—they both said, "From Tilbury "—I said, "I shall detain you on suspicion of a till robbery at Wennington "Saward, who was with me, said, "Have you got any money about you?"—Sandel said, "I have £8"—Thompson said, "I have none whatever"—on the way to the station, near the vicarage wall at Barking, Thompson took a rag out of his pocket and attempted to put it over the wall, which is about five feet high—he put his hand over, and I took hold of his arm and asked him what he had got—he made no reply—I took it from his hand, and found in it nine sixpences and a shilling, all counterfeit—I took them to the station, when Thompson said, "I picked them up under the bed where I slept at Grays last night.
Cross-examined by Thompson. I thought they were counterfeit when I took them out of your hand—you passed them round your back—you were not going to give them to me, you were going to pass them over my back and over the wall.
ALFRED SAWARD (Police Sergeant K). I was with Goddard, and met the prisoners in Ripple Road, Barking—Goddard took them in custody—going along, Thompson tried to throw something tied in a piece of rag over the vicarage wail, but Goddard seized his hand—the rag was opened, and contained these nine sixpences and a shilling (produced)—Thompson said, "I found them under a bed where we slept last night at Grays "—Sandel made no answer to the charge—I found no more coin on Thompson, but fivepence on Sandel.
WILLIAM JOHN WEBSTER . I am Inspector of Coin to the Mint—these two coins uttered are counterfeit, and from the same mould as eight out of these nine counterfeit sixpences found in the rag—they are very poor imitations—the shilling is also counterfeit.
The prisoners, in their defence, stated that they found the coins under a bed at a public-house where they slept, and did not know they were bad. Thompson received a good character.
GUILTY .— Twelve Months Hard Labour each.
MR. WILKINSON Prosecuted.
ELIZABETH GODDARD . My husband is a tobacconist, of Fulham Road—on 11th May I served Cunningham with a twopenny smoke—he gave me a half-crown; I put it in the tester, bent it, and said, "This is a bad one "—he said, "Let me look," and I gave it to him without breaking it; he put it in his teeth, and gave me a good half-crown, saying, "Let me see, I must have got that in change for half a sovereign at a public-house"—he seemed perfectly sober—he left, and I went to my husband in the next shop, and pointed him out to him twenty yards off, and he followed him.
WILLIAM GEORGE GODDARD . On 11th May, about 3.30, my wife made a communication to me, and pointed out Cunningham, who was going along pretending to be intoxicated, but casting his eyes behind to see if he was followed—I kept him in sight for three-quarters of an hour, and stopped him within sixty yards of the station—I saw the prisoner Norris on the other side of the road, the same side as I was; they nodded to one another, and Norris joined Cunningham—they walked leisurely along, and the prisoner Smith came up in a pony-cart and pulled up; I could not hear the conversation, I was fifteen or sixteen yards from them—I saw the two men's hands go together, but cannot say if anything passed—Smith went away by the church, and stood by the horse and cart—I met Beel, and pointed out Norris, who was leaving Cunningham and crossing the road—I took hold of Cunningham, and Beel took Norris—Smith whipped the pony and drove away, but I had arranged with a man to stop her.
Cross-examined by Cunningham. You struggled to get away from me.
ARTHUR BEEL (T 201). On 11th May I was in Queen Street, Hammersmith, and Mr. Goddard pointed out Norris to me and Smith in a cart—the two male prisoners were just leaving each other—I took Norris, and told him he would be charged with attempting to pass counterfeit coin with others—he said, "You have made a mistake, I am quite alone "—I handed him over to a constable, and went after Smith, who was whipping the pony and attempting to drive fast—I stopped her in the Broadway, Hammersmith—she said, "What do you mean by stopping me in this manner?"—I said, "I am going to take you to the station, and charge you with others for passing bad coin"—she said, "You have made a mistake, I have no bad coin "—I took her to the station with the cart, and she was charged—I found in the cart a rag containing ten bad half-crowns, and at the back of the cart under a rug seven bad half-crowns wrapped in this paper, with paper between each, also a pipe, an india-rubber ball, two scones, two eggs, two oranges, two packets of fuller's earth, a set of shirt-studs, and a new tobacco-pouch—the eggs were in a paper bag, which has been identified—I found on Norris two half-crowns, a florin, a half-sovereign, all good; and a watch and chain—when they were charged Smith said, "You have made a mistake; I am not with these men, I don't know them "—she was asked her address and said, "I refuse to give it; find out"—Norris said I had made a mistake; he
did not know the other people; lie gave his address, "1, Hope Place, Villa Street, Walworth;" charges were also preferred of uttering a counterfeit half-crown to Jane Clark, and another to another person—Norris made no answer then, but afterwards he said, "There was only one person identified Mr. "
ALFRED COULSON . I received Norris from Beel, and took him to the station—I afterwards received Cunningham in custody; he handed me two florins and a half-crown, and said that was all the money he had—I proceeded to search him, and he then handed me a had half-crown from his right trousers pocket.
MARY LAMBELL . I am a female searcher at Hammersmith Police-station—I searched Smith, and found £1 17s. 3d. in silver, and 6s. 9 1/2 d. in bronze, all good, in a pocket hid round her waist, under her dress.
JANE CLARK . I assist my brother, a dairyman, at 23, High Street, Kensington—on 11th May Norris came in for some eggs; I put them into the paper bag which has been produced, with the name on it—the price was one penny—he gave me a half-crown; I put it in the till at once, and gave him two single shillings and fourpence in coppers—there was no other half-crown there; I put the money from the till into a box at night—Beel came next day and examined the box, and found this bad half-crown.
Cross-examined by Norris. When I came to point you out I said I believed you were the man, by your broken arm—the constable did not touch you and say, "That is the man"—I swear you are the man.
SARAH BOYS . My husband is a tobacconist, of 200, North End Road, Fulham—on 11th May, in the afternoon, Norris came in and asked for a sixpenny pipe—I gave him one like this, and he gave me a half-crown; I found it soft and gritty, and said, "This is bad"—he said, "Is it?" and gave me a good half-crown—I gave him two separate shillings in change—he said it was just a poor man's luck, he took it in change for a sovereign—I gave him the bad coin back, and he left—I saw him next in the corridor of the Police-court last Wednesday, with other men, and picked him out—I know him by his bad arm and by his features.
LUCY HOLLIDAY . I am assistant to Mr. Purvis, a confectioner, of 58, High Street, Kensington—I sold a tin cake price twopence to Cunningham—he gave me a half-crown; I took it to Mr. Purvis, who came into the shop and said, "This is a bad half-crown"—Cunningham said he was not aware of it, and paid with a good one—the bad one was given back to him without being defaced—he said, "I beg your pardon, sir, I was going to ask you to break it, but never mind; I think I know where I got it"—on 15th May I picked him out from a number of men at the West London Police-court.
HENRY PURVIS . The last witness assists in my shop—on 11th May she brought me a half-crown—I went into the shop and found Cunningham there; I told him it was a bad half-crown, and asked where he took it; he said, "I think I must have taken it a public-house"—he gave me a good one; I gave him the change, and gave him back the bad one.
WILLIAM JOHN WEBSTER (Coin Inspector). These ten coins in the purse are bad, and from different moulds; the seven coins in this brown paper packet are all bad, and from three moulds, and the one uttered by Norris is from the same mould—this coin found in the box is from the
same mould as three of the seven—the one given up by Cunningham is from the same mould as some of the others.
Cunningham, in his statement before the Magistrate and in his defence, said that he was in a public-house, and saw Smith pick up something from under a form, which she opened outside the house, and gave him two or three half-crowns, which he tried to change, but was told they were bad. Norris stated that Smith was his wife; that they were married at St. John's Church, Walworth Road; that he bought a pipe and put down a half-crown, but did not know it was bad. Smith stated that she found a packet of coins in a public-house, but she did not know whether they were good or bad; that she was the wife of Norris, but gave the name of Smith that her friends might not know she was locked up.
CUNNINGHAM and NORRIS— GUILTY .— Twenty Months' Hard Labour each. SMITH— NOT GUILTY .
OLD COURT.—Tuesday, May 26th, 1891.
Before Mr. Justice Hawkins.
MR. RICHARDS Prosecuted, and MR. ERNEST BEARD Defended.
CHARLES HENRY FINCH . I am manager of the Model Printing Press Company, of 96, Farringdon Street—on 1st April I received this letter, signed S. Barrett, dated from 2, Blucher Street, Camberwell Gate—it was brought to me by a boy—I sent Mr. Ward, an assistant, to 2, Blucher Street, with a No. 2 Model Press, and type and accessories—I afterwards received from Ward this cheque.
JAMES FREDERICK WARD . I am an assistant to the Model Printing Press, of 96, Farringdon Street—on the morning of 3rd April I took a printing press to 2, Blucher Street, Camberwell; I knocked at the door, the landlady opened it; I delivered the machine to the prisoner, with the type and brass rules; I said to him, "I come from the Model Printing Press Company "—he said, "All right; bring it in the passage "—he then asked me for my invoice; I gave it him—he said, "Let me see it, to see if it is the same amount on my invoice as it is on yours"—he saw the amount and said, "Oh, that is all right, I will check the things"—I went over the different items of the invoice with him, he having his invoice and I having mine, and they corresponded; he called out the names of the different articles, I can't remember all of them, only the packets of type, the brass rules, the planer, and the ink—the rules are used to print lines across—he gave me this cheque in payment. (This was dated 3rd April, drawn by S. Borrett, for £11 2s. 7d., on Barker and Co., of 52, Mark Lane, payable to the Model Printing Press Company or order, and crossed.)
C. H. FINCH (Recalled.) I am perfectly acquainted with the type supplied to 2, Blucher Street; I did not sort and pack it, but I knew it from our specimen-books; it was type that would make this printing; we did not receive any other order for type from any person in Blucher Street during that week.
Cross-examined. To the best of my knowledge there were from ten to twelve different sorts of type ordered; such type may be bought at other places, but these were in small quantities.
ANN ADAMS . I am the wife of Philip Adams, of 2, Blucher Street, Camberwell Gate—on 27th February the prisoner came to lodge with me; he left on 3rd April—on that morning a model printing press was delivered there; I saw it in the passage—the prisoner said, "This is what I am going to work"—I said, "These are type cases, where is your type?" he pointed to a box and said, "In there "—he said he was going to print a race card—I said, "Are you going to work it upstairs"—he said, "No"—I said, "I should not mind it for a day or two, but I should not like it done upstairs"—he said, "lam going to take it away to a shop round the corner, at the top of Westmoreland Road "—I think the press was taken away within an hour.
By the COURT. I had no idea that he was going to leave; he had not given any notice—he said a few days previous that he was going to do something better than selling sweets, and I concluded he was going to remain; he had paid his rent in advance; he called himself Mr. Borrett.
MARIA WATSON . I live with my husband at 226, High Street, Watford—the prisoner came to lodge with me on 14th April—he gave the name of Brown—he said he wanted the lodging for a week or fortnight—he only stayed three nights; I had one other lodger, but not in the same room; two letters came for the prisoner on the Wednesday morning, five on Thursday morning, two on Friday morning, and two on Saturday, addressed in the name of Brown—only one other letter came to the house during that time, and that was for myself—he went out in the morning after breakfast—I asked him the first morning he was there what he was at Watford—he said he was about taking a coffee-shop, and he was going to take a cottage for his mother.
EDWIN ARCHIBALD HARRIS . I am assistant to Messrs. Wales and McCulloch, jewellers, of 20 and 22, Ludgate Hill—on the morning of 4th May we received this letter, containing two Post Office Orders for £10 and £5 15s. (Read: "Dunchurch, Warwick, May 2, 1891. Dear Sir,—When passing your shop, on Friday, my daughter saw a pair of diamond earrings (single stones) which she is anxious to have. She says they were in the left-hand top corner of your window, and the price is fifteen guineas, and were the only pair at that price. To satisfy her I have sent you P.O.O.'s for £15 15s., and as the postal arrangements to Dunchurch are very bad, I am writing a young friend in London, who is coming down here, to call at your place on Monday before going to Euston.—Yours truly, F. J. HILLIARD. Messrs. Wales and McCulloch, London.)—about half-past 11 that morning the prisoner came into the shop and handed me this letter and envelope—he said he had called from Mr. Hilliard, of Eugby, for a pair of diamond earrings that he had written about yesterday—I told him to sit down, and then blew through into the next shop for Mr. Shayler, from the police, and Mr. Mann, from the Post Office—I then came from behind the counter, simply to block up the door, so that he should not get out.
GEORGE WILLIAM DARKIN . I am Postmaster of Rugby—these two money orders were not issued from our office, and have never been there—they are forgeries—this (produced) is a genuine order, which I should issue—the stamp P.O.S.B. means "Post Office Savings Bank,". and is used
for that purpose—this other stamp, M.O.S.B., is an old money order stamp, but is still in use for a Post Office Order—those are the only forms I use—I produce the only genuine stamps—the stamp on the two orders is a forgery—the letters in the orders are altered.
JOHN AITCHESON . I am a jeweller, at 2, Ludgate Hill—on 4th May I received this letter from Dunchurch, Warwickshire, containing these two money orders, one for £10, the other for £5. (Letter Read: "2nd May, 1891, Dunchurch, "Warwick. Gentlemen,—When in London on Friday I saw you had, in your right-hand window, a gent's diamond ring, price £15. The ticket, I believe, stated that it was secondhand, but worth £6 more. I hope you have not sold it. I had not sufficient money on me, or I would have bought it. I enclose Post Office Orders for £ 15, and am writing to a young friend, who is coming down here for a few weeks, to call at your place for the ring before going to Euston.—J. HILLIARD.")—about twenty minutes past 11 the prisoner came into my shop and handed me this letter. ("May 4. Gentlemen,—Kindly give the bearer the diamond ring, as per my letter sent you, enclosing P.O.O. for £15.—Yours truly, HILLIARD.")—I opened it in his presence and read it, and asked him if he was going to take the parcel down to Warwick that day—he said, "Yes "—I accepted the orders as cash, and on the faith of them I delivered to the prisoner a parcel containing a diamond ring value £15—the same day, shortly after one, the Post Office detective came in.
Cross-examined. I did not say, "Is the parcel going to Warwick today?"—I asked him if he was going to take it—the orders are both crossed.
ALEXANDER BROWN . I am a clerk in the employ of J.W. Benson, jeweller, of 62 and 64, Ludgate Hill—on the 4th of May I received this letter through the post—it contained what appeared to be two money orders for £10 and £5, both crossed. ("Dunchurch, Warwick, May 2nd, 1891. Dear Sir,—When in London, on Friday, my daughter saw in your window a diamond pin and stud combined, price £15 (single stone). We think this will make a suitable presentation which we wish to make, and I enclose P.O.O.'s for £15, and am writing to a young friend who is coming down here on Monday, to call on you for the pin before going to Euston.—Yours truly, F. J. HILLIARD. J. W. Benson, Esq.")—in consequence of that letter I gave instructions to Mr. Cox, our salesman.
GEORGE HENRY COX . I am in the employ of Mr. Benson—about eleven in the morning of 4th May the prisoner came into the shop and gave me this letter. ("May 4. Kindly give the bearer the pin, as per my letter sent you, enclosing P.O.O. for—Yours, F. J. HILLIARD ")—I opened it in his presence, and asked him if he would choose the pin; he said no, he only had to call—I gave him a pin value £15, the pin specified in the first letter—I had no other conversation with him.
FREDERICK WILLIAM MANN . I am clerk in the Confidential Inquiry Office-of the General Post Office—on the morning of 4th May I went with Shayler to the shop of Messrs. Wales and McCulloch—whilst waiting, a call came through the blow-pipe; I went into the adjoining shop, Shayler came after me, and saw the shopman and the prisoner—I said to the prisoner, "Where are you going to take the earrings?"—he said, "To a man who is waiting at the News Rooms"—he then handed me eleven letters—in my opinion they are all in one handwriting, and in the same writing
as the one delivered "by post to Messrs. Wales and McCulloch; they were all closed, each of them contained enclosures—the prisoner said, "These letters have been given to me to deliver; I am to take the goods to the City News Rooms "—he afterwards said, "I was given yesterday some letters to post at Rugby; I went to Rugby and posted them, and returned to town afterwards"—in my opinion the letters to Mr. Benson and Mr. Aitcheson are in the same handwriting as the eleven found on the prisoner—the P.O. Orders are forgeries.
Cross-examined. It was not my intention to give the prisoner into custody when I went to Messrs. Wales and McCulloch—after I had put the question to the prisoner, Shayler came in, and the prisoner was then informed he was a police officer.
HUGH EDWARD SHAYLEE (Police Officer attached to the G.P.O.). On 4th May I went with Mr. Mann to Messrs. Wales and McCulloch's—I heard a call through the blow-pipe, and went into the next door shop, where I saw the prisoner—in his presence Mr. Mann showed me the eleven letters—I told the prisoner I was a police officer, and said, "Where are you going to take these earrings?"—he said, "To the City News Rooms"—I went with him to the City News Rooms in Ludgate Circus; I followed him there—he knew I was following him—when he got to the top of the building I said, "Can you see the man here? "—he said, "No n—we came down, and in the street I said, "You must come with me to the General Post Office"—I there showed him a number of forged money orders, similar to those produced—I said, "A quantity of cigars have been obtained from cigar merchants in London by similar orders, and they have been handed to a man of your description"—he said, "I was to get some "—I said, "Can you tell where you got them from?"—he said, "No, I don't recollect"—I mentioned four names to him—those money orders purported to come from Watford—I said, "Did you in one of those cases sign your name 'C. Taylor'? "—he. said, "Yes"—I searched him, and found on him £1 10s. 8 1/2 d., a tobacco box, a card, and some printed handbills, no jewellery.
Cross-examined. There are three floors to the City News Rooms, first, second, and third, not the ground floor—we went direct to the third floor, looking through the first and second on our way, not casually; we went into the first floor, from there to the second, and then to the third; we walked into that room, it is a large room; there were from eighty to one hundred persons in the three rooms, more than twenty in each room.
CHARLES JAMES STEVENS . I am one of the principal clerks in the Confidential Inquiry Department of the General Post Office, and have had about forty years' experience in the office—it is part of my duty to examine handwriting in all Post Office investigations—I have seen all the letters in this case; in my opinion they are all in the same handwriting—the money orders are forgeries, all printed from the same type—the date stamp is not printed with our Post Office ink; it is a different ink altogether.
The Prisoner's statement before the Magistrate: "I never printed the orders."
GUILTY of uttering .— Judgment respited.
MR. RAVEN Prosecuted.
Mews—the prisoner is my son—on Saturday, 18th April, between ten and eleven in the morning, I went out, and when I came in the prisoner was standing in the front room by the fireplace—my husband was in the room, and my daughter Frances—the prisoner was quarrelling with his father (he had asked me on the Friday to lend him four shillings, and I told him I could not); he asked me if I was going to lend him the four shillings; I said I could not; he up with his fist and deliberately struck me in the face and knocked me down—I screamed out, and said, "My leg is broke," and with a dreadful oath he said, "If it is broke I will break it a little more," and he jumped on it—my little girl screamed out, and his father said he ought to be ashamed of himself, and they got a cab and took me to the Royal Free Hospital, where I remained a fortnight—he has threatened to do for me, as he calls it, many times—he had had something to drink, but knew perfectly well what he was doing.
Cross-examined by the prisoner, I was sober when I came home; you did not say to your father as I came in, "Here she, comes; it is no good asking her; she is drunk now"—I did not say, I am drunk, I am not a b—wh—as you called me"—I did not rush at you, and put my fist in your face, and say, "I will make you prove it?—you ought to be ashamed of yourself.
HENRY TALBOT . I am the husband of the last witness—on Saturday, 18th April, she came in a few minutes after me; I was in the front room with the prisoner; we were having a few words, wrangling—when she came in he had a few words with her, and he up with his fist and knocked her down, and she said, "Oh, my leg is hurt"—he said he would do it again, and he jumped upon it; I tried to stop him the best way I could; my daughter got a policeman to come and take her to the hospital—my son does not live with us.
Cross-examined. My wife was not drunk; she had been out with me fetching two or three little errands—I don't recollect her stumbling.
FRANCES TALBOT, JUN . I live with my father and mother—on the Saturday I was in the front room; the prisoner was quarrelling with father when mother came in; he spoke to her about the four shillings which he had asked her for the day before; he knocked her down with his fist—she said he had broken her leg—he said if he had he would break it a little more, and he jumped on her—father tried to get out for a policeman, but the prisoner stopped him; I ran out and got a policeman and a cab.
Cross-examined. You jumped on her leg with your feet after knocking her down, and you said you would cut her throat.
ERNEST SOLLY , F.R.C.S. I am resident medical officer at the Royal Free Hospital—I saw the prosecutrix late on the Saturday night; she was suffering from fracture of both bones of the right leg, between the knee and the ankle; there was considerable bruising; the fractures were caused by some direct violence—I put the leg in splints—she was there a fortnight, and was then transferred to the infirmary—it will be some considerable time before she is able to use the limb as before.
Cross-examined. It is possible that the fracture might be caused by falling among some iron saucepans and plates—she had had some alcohol; I do not consider she was drunk.
and the woman was taken to the hospital—he was not drunk; he had had some drink.
The prisoner, in his defence, alleged that the prosecutrix teas drunk, and he hit her in the face, but that the injury was caused by her falling on the iron articles in the room.
NOT GUILTY .
The prisoner PLEADED GUILTY to having assaulted his mother— Eighteen Months' Hard Labour.
NEW COURT.—Tuesday, May 26th, 1891.
Before Mr. Recorder.
457. HENRY STRATFORD (37) , To feloniously marrying Emily Dixon, his wife being alive; also to a conviction of felony at Clerkenwell on June 27th, 1889.— [Pleaded guilty. See original trial image.] Four Months' Hard Labour.
458. FREDERICK SABINE HARRIS (41) , To stealing, while employed under the Post Office, two letters and two postal orders, for 4s. 6d. and 2s. 6d., of Her Majesty's Postmaster-General.— [Pleaded guilty. See original trial image.] Eighteen Months' Hard Labour.
459. GEORGE SMITH (52) , To maliciously damaging ten panes of glass and eight window blinds, value £60, the property of Woodward Fawcett.— [Pleaded guilty. See original trial image.] Nine Months' Hard Labour.
460. WILLIAM JAMES BOOTH (38) , To three indictments for forging and uttering endorsements to orders for £10, £4 7s. 6d., and £10; also to embezzling £10, the money of Jacob Biggs, his master.— [Pleaded guilty. See original trial image.] Twelve Months' Hard Labour. And
(461). JOHN MADDEN** (32) , To robbery (without violence), with another person, on Thomas Sparks, and stealing a bag and £10 10s., his property, having been convicted at Clerkenwell on August 18th, 1890.— [Pleaded guilty. See original trial image.] Twelve Months' Hard Labour.
MR. ROUTH Prosecuted.
ALEXANDER BROOK . I am a commercial traveller, of 48, Alconbury Road, North London—about midnight on May 12th I went into a public-house in Church Street with the male prisoner; I do not remember seeing the female prisoner—I had had something to drink, and was a little the worse for it—we came out and I asked him to show me my way home, as I had lost my way—he said he would—we went a few steps, and I felt a blow in my stomach, and then another which knocked me down; I suffer from the blow still—I felt my watch go—I was stupid and dazed, but I saw the male prisoner before me—a policeman came up and said that man took my watch—a link of my chain was broken, and it was hanging down—my watch was worth £6 10s.
By the JURY. I first met him outside the house, and asked if he could show me my way—he said, "Yes," and I took him in to treat him.
EDWARD ROUICK (N 202). On 12th May, about 12.45 a.m., I was on duty in Church Street, Stoke Newington, and saw Brook fallen his back—I ran and picked him up, the two prisoners were standing by him—I found he was stunned, and when I got him to he said, "Thus man and woman have stolen my watch; I want you to take them in
charge"—the woman said, "Yes, here is the watch, I have got it, but you shan't have it," and ran down the court—she said Nothing about it having been given to her by another woman—the male prisoner said, "This old b----accused me of stealing his watch, and I know nothing about it"—that was before he was charged—I was in uniform—I saw the watch in her hand—I caught her, and took her back—the male prisoner stood there the whole time—I took them to the station, and charged them, and then she said it was given to her by another woman—Brook's chain was broken, and hanging down—no one was about, only us four—I saw no blow struck, but I could see that they were very close together—Brook was not much the worse for liquor, but he seemed stunned by the blow; he was able to walk.
The Prisoners' Statements before the Magistrate: James Brown says, "I never stole the watch." Harriett Brown says, "The watch was put in my hand by a woman."
They repeated the same statements in their defence.
Harriett Brown called
HELENA AGNES CLEMENTS . I have known the prisoners twelve months—I saw them in the public-house that night, and the prosecutor was in conversation with the female prisoner—they all three left together, and I left immediately after them—I saw the policeman come up, and the old gentleman said, "I think I miss my watch."
Cross-examined. I went to the station with her—I did not give evidence before the Magistrate—I did not give her the watch.
GUILTY .— Six Months' Hard Labour each.
MR. LAWLESS Prosecuted.
HESTER WHITFIELD . I live at Wimbledon Park—on 16th April, between eleven and twelve o'clock, the prisoner called on me and said that he came from Guildford for a situation, and the schoolmaster was bankrupt; that he had applied to Mr. Turle, who recommended him to go to Copenhagen, his native place, and advised him to go to ladies and try and collect his fare back—I knew Mrs. Turle, whose husband is head-master of a large school at Wimbledon—I think he said he wanted £3 188., and asked me to help him; I gave him 4s. 6d., thinking he was telling the truth.
Cross-examined by the Prisoner. You spoke broken English—you asked if I spoke German or Danish—you said that Mr. Turle sent you; I understood you perfectly well—you spoke English quite well at the Police-court, as well as at my house.
ELIZABETH KING . I am the wife of Henry Sampson King, of Horncliff, Wimbledon Park—on 16th April, about 11.30, the prisoner called on me, and said he had been sent to me by Mr. Turle, of Wimbledon College; that he had come from Copenhagen for a situation at Guildford, and was taken ill, and when he got well the school was bankrupt, and Mr. Turle had given him half his fare, £3 18s., but he still wanted 18s.—I asked him what my neighbour Mrs. Dawson gave him—he said, "5s."—I gave him the same, because I believed his story—I knew of Mr. Turle.
saw the prisoner till I saw him at Westminster Police-court—I did not send him to Mrs. King.
REGINALD ALFRED STEWART HOLLEBONE . I live at Rathmore Lodge, Bolton Gardens—I received a communication from my servant, and went down and saw the prisoner in the hall—he asked me if I went to Rugby School—I said, "No; I went to Cheltenham "—he said it was my brother he wanted to see, as Mr. Wilson had recommended him to come to my brother for assistance; that Mr. Wilson had given him £1, and Dr. Butler had given him something, and he wanted 18s. to make up his fare to Heidelburg—£3 18s.—that he had been lecturing at Cambridge, but had inflammation of the lungs, and lost his place—I had heard my brother speak of Mr. Wilson—the prisoner said he had lectured to my brother at Rugby twelve months ago; but as my brother had left then my suspicions were aroused, and I refused to give him anything—and followed him—he saw me and asked me the way to Cromwell Road—I called a constable and charged him.
Cross-examined. You tried to make me talk first in German and then in French, but I would not, and then you spoke English well enough to make me understand; you did not talk so badly as you are doing now.
JOHN MCGUIRE (Police Sergeant P). On 29th April I saw the prisoner at Waller Street Police-station; I asked his name and address; he refused to give them—I charged him next day with attempting to obtain money from Mr. Hollebone—he said, "Yes, I did attempt to obtain the money, but I am very sorry"—he was further charged with obtaining 4s. 6d. from Mrs. Whitfield, and 5s. from Mrs. King; he made no reply—I found on him 16s. in silver and 3 1/2 d.—he said at the Police-court, "It is. not true that Mr. Wilson sent me to Mr. Hollebone for money."
Cross-examined. I understood you perfectly.
The prisoner produced a written defence, stating that as he was raising the money to go home to his wife and family, who were starving, he did not consider he obtained it by false pretences.— GUILTY . ** The police stated that there were twenty other charges against him.— Eighteen Months' Hard Labour.
MR. CARTER Prosecuted.
MR. CARTER Prosecuted.
THOMAS BANNISTER (Police Inspector S). I went to the prisoner's cell and found he had stripped himself; I told him to put his trousers on, as I wanted him to be dressed to be identified—he asked if I was a Catholic—I said, "Never mind what I am, put your trousers on"—I just turned my head, and he dealt Mr. a violent blow on my left jaw—I threw him on the slip, Sergeant McEllistrim seized him, and he bit his left arm.
Cross-examined by the Prisoner. I did not tear your trousers off—I told you to put on the trousers you have on now; you tore the others up—I did not put a strait jacket on you, but I should have if I had had one—I did not kick you on your head—I do not know where your waistcoat is—I did not know that you had fourpence—your trousers are at the rag shop I suppose; they were torn all to pieces and not fit for anything.
NICHOLAS MCELLISTRIM (Police Sergeant). I assisted the inspector in the struggle with the prisoner, and saw him strike him and try to bite him—he got hold of me with his teeth and bit a piece out of my arm—after some further struggle he was overpowered.
Cross-examined. I saw you strike Bannister, and you rushed at him again, apparently to do him more injury, but I went between you and you bit my arm—I did not strike you—I did not kick your head or ribs.
MR. BARBER. I am a surgeon—I found a deep dangerous wound on McEllistrim's left arm; it has healed up, but I am not sure that it will not open again.
The JURY considered that the prisoner's mental condition ought to be inquired into— Nine Months' on each indictment, one sentence to follow the other.
MR. BIRON Prosecuted; MR. C. MATHEWS appeared for Shoolbred, and MR. C. F. GILL for Horne.
SHOOLBRED received an excellent character.
NOT GUILTY .
THIRD COURT.—Tuesday, May 26th, 1891.
Before Mr. Common Serjeant.
MR. GRAIN for the prosecution offered no evidence.
NOT GUILTY .
468. HARRY WETH (23) PLEADED GUILTY to two indictments for uttering forged undertakings for the payment of money. He was recommended to mercy by the prosecution. A witness deposed to his good character.— Six Weeks' Imprisonment. And
(469). CHARLES GOLDESBOROUGH † (18) and HENRY JAMES (18) , To stealing a watch from the person of Henry Swan. [Pleaded guilty. See original trial image.] JAMES also PLEADED GUILTY* † to a conviction of felony in October, 1889, in the name of Henry Drinkwater.— Twelve Months' Hard Labour each.
>MR. FORREST FULTON Prosecuted.
MARY HARRISON . I am the wife of Charles Harrison; we live at Dane Road—on 18th May I was travelling in a third-class carriage on the Metropolitan Railway from Westbourne Park—at Aldersgate Street the prisoners got in; we were very much crowded, and the next compartment was quite empty—at Bishopsgate Street I got out—I had in my dress pocket a purse with 15s. 3 1/2 d. in it; I felt that it was safe as I got out of the carriage—I went to the barrier to give up my ticket, as I was going by the Great Eastern Railway—France got between my husband and me, and passed his ticket in front of me, and then went back on my left hand and joined Harris, who was behind me, and who said, "Have you got my ticket?"—I heard no reply—they went up the steps—as soon as I
was through the barrier I put my hand in my pocket, and found my purse was gone—I spoke to my husband, who called out, "Stop thief!"—when the prisoners got to the top of the steps they were stopped, and were brought to me at the station-house—this is the purse, with the money safe in it.
Cross-examined by France. You got out of the train and got to the barrier first, and hindered my going through—I did not hear Harris call you back; you should have gone through the barrier, but you came back to him, and then went up the stairs—I was barely two yards through the barrier before I came back; you had just got over the first landing, half way up—you were the only two persona on the stairs; there was another person on the bridge—I did not keep my eyes on you—I never saw the purse in your possession, nor did I see you make any attempt—you would have-had more opportunity of putting the purse on the stairs than the man on the bridge would—the purse was found where you stood, where I gave you in charge; the officers afterwards had hold of you on the bridge—I did not call attention to the other man's trembling—Harris said ho trembled—I had my suspicions about you in the train, and I sat on my pocket; I told you to sit closer to me to make room for the other people—you walked sharply up the steps like ordinary passengers would.
Cross-examined by Harris. A man was brought back, but he would not have had time to get from the barrier to where he was—you did not run when I called out "Stop thief!" there was no chance, the gate was closed; you were stopped half-way up the stairs—the purse was found where you were given into charge, at the top of the footbridge—I believe when the third man was brought back my husband said, "Is he an accomplice of yours? "and Isaac said, "Yes"—he did not say I was a silly.
THOMAS WOODMAN . I am an inspector at Bishopsgate Street—on 18th May I was on the platform when this train came in—I saw the prisoners stopped on the bridge—one other person who had preceded the prisoners was on the bridge—the prisoners remained where they were till the last witness gave them into custody—when the third man was brought back I asked the lady if she wished to charge him, and she said, "No, these are the two that have got my purse, one of these two "—the third man was allowed to go—after the constable had taken the prisoners off the bridge I found this purse, with fifteen shillings in it, three or four yards from where they were given into custody on the bridge.
Cross-examined by France. I did not see you till you were stopped on the bridge—you were going out as other passengers were—I did not see that the third man was trembling—he was pale—I don't know if it was the nature of the man; I did not see him turn pale; I did not see your hands anywhere; the constable had you at once—I should think you tried to throw the purse on the line, but that it went against the advertisement board—the other man was brought back, but nowhere near where the purse was found—both he and you had passed where the purse was found—he had no chance of throwing the purse there; it was not near him.
Cross-examined by Harris. I have never said the man trembled; I told you he looked pale—I heard the cry of "Stop thief!" and immediately you were stopped by the constable
Re-examined. I was not there at the time, and cannot say if the third
man had passed the place where the purse was found before the cry of "Stop thief! "—I did not see the third man till he was brought back—if a person is going into Broad Street it is not necessary to go through the barrier; if you give up your ticket you ought to go out through that barrier, but a person might make a mistake, and give up his ticket at the barrier.
JOHN CUNNINGTON . I am a ticket collector at Bishopsgate Station—on 18th May I saw Mrs. Harrison at the barrier leading to the Great Eastern Railway subway—just as she got through the barrier she spoke to her husband; he and I called out "Stop thief!"—I turned to the stairs leading to Broad Street, and saw the prisoners on the second flight of stairs from the landing, and a third man at the further end of the stairs, higher up than the prisoners, and twenty yards from them—the purse was found on the second landing—the third man had passed the place where the purse was found before the cry of" Stop thief! "was raised; I am certain of it—the prisoners were detained, and the third man was brought back.
Cross-examined by France. I did not see you at the barrier—the third man was right at the other end of the bridge, against the collector's box—the purse was found just at the top of the stairs on the bridge, close to where you were standing—I saw the inspector pick up the purse—I was taking tickets, but the people had all gone through my gate.
Cross-examined by Harris. You were given into custody on the top of the stairs, not two yards from the top.
JOHN MCGOWAN (Metropolitan Railway Policeman). I heard a cry of" Stop thief! "and saw the prisoners coming upstairs towards me—they had gone up the first and second flights leading to the bridge, and were two yards from the bridge when the cry of "Stop thief! "was raised, and the lady pointed them out to me—they were about five yards from where the purse was found when the cry was raised and when I saw them first—I saw the third man when he was brought back; I could not see him when I heard the cry of "Stop thief!"—he had gone up the stairs—I did not see the purse found—I handed the prisoner over to a policeman—I saw the prisoners two yards from the steps going down on to the platform.
ROBERT SAER (City 962). On 18th May I was sent for to take the two prisoners into custody—they were about three yards from the steps on the bridge, on the north side of the station—they were charged with stealing a purse; they made no reply—at the station £2 17s. was found on France, and 7s. 11 1/2 d. on Harris—Harris gave a correct address, 68, Brady Street, Whitechapel—France gave the address, 38, Brady Street.
France in his defence stated that three men got into the carriage with the lady followed her to the barrier, and then went up the stairs, and that one of them who was brought back on the bridge was white and trembling.
Harris stated that he had lost his ticket, and France came back to him.
MRS. HARRISON (Re-examined). I had a boy four and a half years old with me—I did not see my purse found.
NOT GUILTY .
OLD COURT.—Wednesday, May 21th, 1891.
Before Mr. Recorder.
471. FREDERICK CROMAR (37) PLEADED GUILTY to feloniously sending to Reginald Charles Graham Cromar a letter, demanding money, without reasonable or probable cause.— To enter into his own recognisances in £5 to appear for judgment if called upon.
472. WILLIAM GIOVANI IMPERIALI, Unlawfully disposing of certain articles of jewellery which he had obtained on credit and not paid for, within four months of his bankruptcy. Other Counts, for obtaining goods under the false pretence of dealing in the ordinary way of his trade.
MR. GEOGHEGAN Defended.
CHARLES L'ENFANT . I am a clerk in the London Bankruptcy Court—I produce the file of proceedings in the bankruptcy of William Giovani Imperial—the petition was filed on 28th May, 1890—the petitioning creditor is Joseph Phillips; the receiving order is dated 20th June; the adjudication 4th July; public examination 17th July, and no accounts filed on that date, and adjourned sine die—on 1st December a statement of affairs was filed, under which it appears that the gross liabilities were £8,271 12s.; liabilities expected to rank, £2,651; assets, £2,000; deficiency, £369 2s.—the public examination was resumed on 15th January, 1891, and adjourned to 19th February, and completed on that day—there is a transcript of that examination on the file—the order to prosecute is dated 1st April, 1891.
Cross-examined. When the examination was adjourned sine die the prisoner's solicitor applied for a fresh day to be appointed, and paid the fees—the total amount of creditors is seventeen—they are unsecured.
JOSEPH BROOKS . I am a dealer in jewellery, of 27, Thomas Street, Blackfriars—I have known the defendant about eight years—on 20th March, 1890, I had business dealings with him, and for about four years previous to that—he owed me £61 10s. at that time—on 20th March, 1890, I received this letter from him. (Read: "Dear Brooky,—If not otherwise engaged, come over here on Saturday evening. I may trade with you, and endeavour to square up the account. Let me know, and say what time; evening will do quite well.—Yours sincerely, W. G. IMPERIALI")—either that day or the next I saw him in Bond Street—he then said, "Try and come up on Saturday evening, and bring your bag with you"—I went on the Saturday, the 22nd, and saw him; I took my bag with me, with some jewellery, which I showed him, and he selected a gipsy brilliant cluster ring without the centre, value ten guineas, a brilliant horseshoe pin, £8 15s., and a brilliant amethyst ring; they were the principal articles chosen; there were also four pins, eight rings, and part of a brooch—we then had a chat and a smoke—he got out his cheque-book, and offered to settle up past liabilities; he wrote two cheques, both dated 22nd March; one I could pay in on the following Monday, the other I was to hold over till the following Monday week—I did not leave the goods on that occasion; this is the invoice, it is dated the 15th; I must have seen him on the 15th—on the 13th May I was present at a sale at Debenham and Store's, in King
Street, Covent Garden—this is a catalogue of that sale—I saw there some things I had sold to the defendant—No. 960 in the catalogue, a brilliant horseshoe scarf-pin; 964, a brilliant ring, two stones deficient (that was the one I sold him without the centre, and one of the stones was out)—965, a single-stone brilliant scarf-pin; 966, a single-stone brilliant ring; 967, amongst that lot an opal scarf-pin; 969, a diamond and amethyst ring, stone deficient; and 970, a diamond and emerald scarf-pin—all those I had sold the defendant on 22nd March—I have always understood the custom of the trade as to pledging goods to be for not less than three months—these goods were pledged for one month—it is customary in the trade to issue special contract notes for not less than three months, but on this occasion a special contract was issued for one month only.
Cross-examined. I have kept books about sixteen years in the jewellery trade; I have bought jewellery on and off for about sixteen years—I have been in business for myself twenty-two years—I have not a shop—I go to persons to sell, they do not come to me—I don't know that I have ever pledged goods myself; they are not dealers who pledge goods, they are duffers—I do not know that it is the constant practice of dealers to pledge jewellery—I paid £5 to my solicitor to make an application to prosecute the prisoner—on 20th March he owed me £61 10s.—the amount of jewellery he got from me on that date was £52 9s.—he gave me a cheque for £61 10s.—on that occasion I pressed him to buy a pair of pearl and diamond earrings, and other things to the value of £55; he could have had property from me to the amount of £500—he contented himself with getting property worth £52, and paid me £61—some of the property that I saw put up at Debenham's was bought in, and some was sold—I cannot tell you of any article sold to the prisoner under the invoice price, because I have lost my catalogue with my prices marked on it—I believe the single-stone brilliant gipsy ring was sold for £12 10s., I won't be positive—there was a pin sold after that for five shillings more than he gave me for it—I don't know that it is usual for persons to pledge jewellery to the full extent of its value; that is not my business—I have done business with the prisoner to the amount of £708—I have not had a running account with him; every transaction I booked up, and when it came to about £50 or £60 I closed it, and he paid me—I never said at Bow Street that there was a running account between us. (The deposition being referred toy stated M There was a running account between us ")—I find I am wrong.
JOSEPH PHILLIPS . I am manager to my brother, Solomon Joel Phillips, jeweller, 113, Bond Street—for about eight years up to 8th March the prisoner was in my brother's employment as an assistant—he also traded on his own account; that is, he had his Saturday to himself, and he was allowed to do as he liked on the Saturday—on 12th February, 1890, he asked me to let him have a set of fine rose diamond stars; I let him have a set, price £57 10s.; he said he wanted them to show to a friend of his, Mr. Vokins—I knew Mr. Vokins was manager to a pawnbroker at 10, Pembridge Road—he said Vokins would buy them if I would wait a week or two, as ho (Vokins) was then stocktaking—I let him have them on credit—I believed the representation he made; he said I was to be paid for them immediately after the stocktaking—I might have parted with them to him if I had not thought he had a customer—he never paid me for them; I debited him with the amount—when the fortnight had
elapsed I spoke to him, and asked him for payment, and he made an excuse that Vokins had not finished stocktaking yet—very soon after that he left our employ—I asked him two or three times for payment; I can't say how many times; I saw him continually—he said I should have it as soon as he got it from Vokins after the stocktaking; always the same answer—I have never seen the property again—I have since ascertained that it was pawned with Mr. Ellis, with other things; a diamond and sapphire ring, which he had on 14th March—I have seen a diamond ring, produced by Mr. Brabbington; I believe that to be one of the two rings.
Cross-examined. I have not seen the diamond stars in possession of Mr. Ellis; I have never seen them since—I bought them secondhand; they were good rose diamonds; they are only half the thickness of brilliants—it would not be proper to describe them as inferior diamond stars—I have not had one hundred transactions with the prisoner; some were very minor ones—he has paid me a good deal of money for money I advanced to him as a friend—this (produced) is my memorandum-book; that is all I have to show as to the transactions between the prisoner and myself; just to keep it in my memory, that is all—I have proved for £200 odd; that includes money lent—I could not say that the prisoner has paid me close on £200—he has in nine months borrowed from me altogether about £900—he might have paid me close on £200 from 29th March to 10th February—I will undertake to swear that none of that £200 was paid for these stars—he did not send me any cheques by letter; he always gave them to me personally, for money advanced, I obliged. him week after week;" there was no running account—I used to trust him—he used to buy of me; he never paid on the day he bought, on 29th March here is "Part payment for £50 lent him on the 24th"—he never to my knowledge sold to my brother's customers—the customers have not asked for him since he left—I have sent £5 towards the prosecution; I have heard, that with the exception of myself and Mr. Brooke, all the prisoner's trustees have subscribed for the prisoner's defence, some of his old friends.
ALFRED VOKINS . I am manager to Rebecca Smith, pawnbroker, of 10, Pembridge Road—I have known the defendant some years—it is quite possible that I may have had some conversation with him about rose diamond stars about 12th February—I do not remember it on any date—he might have asked me to purchase from him some diamond stars about that time—I have not made a statement to the Treasury, or to anybody—I did not give any evidence to Inspector Tunbridge; I had a conversation with him—he came to see me about it; I have given no evidence at all; any statement you have was based on our conversation—I did not make a statement to him that was taken down in writing.
Cross-examined. I stated that I knew nothing at all about any stars associated with the name of Mr. Phillips—about February, 1890, I had a lady customer buying largely in diamonds, and I remember the prisoner coming and mentioning diamond stars to me, without telling me where they came from—at that time I was stocktaking, and I did not go into the matter with him—he handed me a case, which he said contained those stars—he asked me to lock them up in my case for him—I have been in the pawnbroking trade about twenty years—I have been with two of the largest houses in the trade, Attenborough and Smith and Dymond—
I do not always make a difference between dealers and jewellers in the terms of pledging; it is done, a little less interest—it is a common thing among dealers in jewellery to pledge right up to the market value—I know that goods are taken in by pawnbrokers from dealers, and instead of being put in the safe are put in the window—if put in the safe they are locked up for a twelvemonth; if put in the window they can be sold to anyone, and the dealer can call and get his profit—that is a well-recognised custom among dealers in jewellery.
ALBERT SMITH . I am a registered medical practitioner, of 54, Stock-well Green—Mr. Josias Salomi is a patient of mine—I saw him this morning; he is suffering from influenza, and unable to leave his room.
INSPECTOR TUNBRIDGE. I was present before the Magistrate on the 14th, when Mr. Salomi gave evidence, and I signed his deposition—Mr. Geoghegan was there.
The deposition of Joseph Salomi was read as follows: "I am a member of the firm of Lewis and Salomi, dealers in jewellery, 406, Brixton Road. On 3rd March, 1890, Imperiali had from me on credit a diamond, ruby, and sapphire butterfly brooch, value to us about £38, and he was to pay for it, together with other articles he had at the same time, £53. He had had. several other dealings with us before that. After the transaction of 3rd March the total amount owing to us by Imperiali was about £282; the amount due to us at the time of the bankruptcy was £199 11s. 6d. Between 3rd of March and the bankruptcy the account was very much reduced; on 24th March the account stood at £182. I afterwards saw a brooch at Debenhara's Sale-room, very closely resembling the one I had sold to Imperiali; it was put up by Mr. Starling, a pawnbroker; it was bought in, I believe. I was never paid for the brooch; it went into the general account. Cross-examined.—Defendant paid it into the general account, and I deducted the amount paid from the total owing. Re-examined.—Between the 3rd March and the date of the bankruptcy his debt to us was never reduced below £53. "
ALFRED JOHN BENNETT . I am a manufacturing jeweller, of 16, Brewer Street, Soho—on 26th February, 1890, the prisoner obtained from me on credit a pearl and diamond pendant, value £48—at the Police-court a bracelet was shown me; I said I could not swear about the centre being altered from a pendant to a bracelet—I thought when I first saw it that it was a pendant turned into a bracelet—on 28th February I gave the prisoner a diamond and ruby snap for £15, with a pearl bracelet, on approbation—I next saw the snap at Debenham and Storr's on 13th May—I identified it as the one I had let the prisoner have on 28th February—No. 972 in this catalogue answers the description of it—on 3rd March,—. 1890, I sold the prisoner a turquoise and diamond pin on credit; I expect he had an invoice of that—No. 983 in this catalogue answers the description of that pin—on 28th February I sold him a pearl necklet, value £160, on approbation; I afterwards saw it at Mr. Richardson's, a pawnbroker's, in Bryanston Square, and identified it—the description in this catalogue of 24th June answers it—at the time of his bankruptcy I was a creditor for £409—he has not paid me for any of the goods I supplied him with.
Cross-examined. After giving him the pearl necklet, it was arranged that he should pay me by bills—that was a long time after; not at the time he had it on approbation; after an arrangement was come to
between me and him and Collier—I am one of the committee of inspection—at the time these goods were obtained the name of my firm was Darling and Bennett; Darling has since retired from the firm; he had spent the greater part of his life in the jewellery trade—Ridgway is my senior assistant; he was in Darling's service a long time—to my knowledge he was not in the habit of pawning goods for the prisoner—I don't know that Darling has pawned goods of his own stock; he had no stock when I went in—I have not made inquiries; it is only from what I have heard—I knew nothing of him previous to my joining—the pearl necklet was stopped by Mr. Collier, who was acting as my solicitor—I do not know that the trustees refused to prosecute.
FREDERICK ARTHUR DEVEREAUX . I am a jeweller, of 110, Wardour Street—on 3rd February, 1890,1 sold the prisoner a diamond collette necklet for £165—he paid £65 in cash, and gave four bills of £25 each, two of which were met, the other two remain unpaid; No. 982 in this catalogue of 13th May answers the description of that necklet.
Cross-examined. There has been a running account between us; the balance of that would be £40 in my favour—I am a creditor for about £42—I attended two meetings of creditors—I have subscribed towards the defence.
THOMAS JOSEPH BAENWALL . I am manager to Mr. Brabbington, of 27 and 29, Wardour Street—I have known the prisoner about eighteen years, and have done business with him for about eight years—he has been in the habit of pawning articles with my employer, and selling—I produce a contract note, dated 25th March, 1890—he did not execute it himself—Taglioni pawned the articles, a bracelet, six rings, five pins, a snap, and other things—I advanced £100 on them—this is the contract signed by Taglioni—I knew Taglioni; this was his first transaction for the prisoner—the articles were pawned for one month—they were not redeemed—No. 960 and 962 in Debenham and Stores catalogue of 13th May relate to the articles in the contract note—I had a number of transactions in February and March with the prisoner, in pawnings by himself—I knew him in the name of Imperiali—he was in the habit of pawning in the name of Walton—on 1st March he pledged a brooch, necklet, a pin and ring, for £150; they were not redeemed—on 13th May they were put up to auction with other articles in Nos. 982 to 985 in this catalogue; the necklet and other articles were bought in and were afterwards sold, I don't know to whom—on 22nd March there was pawned by him a bracelet, a scarf-pin, two rings, and a pair of earrings, for £165—some of them are sold; I have two of the articles still in my possession—I produce a diamond and sapphire ring, and a diamond and pearl bracelet; that was originally a scarf-pin—on 25th March he pawned a snap, with other goods, for £100.
Cross-examined. The snap is the same article as is described as a pendant, it never could have been pendant to a bracelet—I have known the prisoner fifteen years, under the trade name of Walton—it is usual for dealers to have two names, their own and a pledge name—the articles Nos. 969 and 970 refer to articles pawned by the defendant with me on 25th March—I have been in the business nearly twenty-five years—Mr. Brabbington deals principally in diamonds; to a large extent—it is a custom in the trade for dealers to pledge their stock with pawnbrokers, and to get for it as much as they
possibly can—I have often known instances where they have pledged for more than the pawnbrokers have realised by the sale—it is sometimes a great advantage to jewellers to pledge, in order to get an immediate advance; although called a pledge, it is a sale—we make a difference in the interest to a dealer—I recognise the defendant as a dealer; he pledged these articles in the ordinary way of his business—articles so pledged by a dealer would not be deposited in the safe, but put in the window for pale; the pawnbroker has a right to sell at once, that is an old recognised practice in the trade—I have had hundreds of transactions with the prisoner—I have allowed him to take out jewellery which he had deposited with me, to show to a customer, allowing him to put the difference in his pocket; he has always returned the goods or the money—a great number of his creditors have subscribed for his defence, they do not sanction these proceedings.
LOUIS TAGLIONI . I live at 29, Edgware Road—I am a courier—I have known the prisoner since he was a boy; I know his father and all his family—I have at different times pawned jewellery for him—on 25th March I pawned some with Mr. Brabbington and some with Mr. Richardson several times—I have not kept any account of the dates—I pawned a pearl necklet for £160, I don't know the date.
Cross-examined. I am an Italian—I know that there is a suit pending in Rome about some property the prisoner is entitled to—I know the name of Coraxtini, his advocate; he is a well-known advocate; I know him by sight—I am a witness in the case—the property in dispute is £25,000, it may be more—there are three brothers and one sister interested—about £4,000 has been paid into Court, with permissions to him and others to mortgage their interest in it—there has been a judgment in favour of the prisoner and others—I went to a lawyer in England to sign some papers two or three times—I went with a clerk of Mr. Arthur Newton to a notary's in England, to sign some documents in the interest of the prisoner.
HENRY RICHARDSON . I am a pawnbroker, of 11, Upper George Street—on 4th March, 1890, Taglioni pawned with me, for the prisoner, a pearl necklet for £180—I produce the contract note signed by Taglioni—it was not redeemed—it was put up for sale at Debenham's, and bought in for £150—subsequently Mr. Bennett sued me for its recovery.
HENRY ROBERT ELLIS . I live at 9, Sinclair Street, Uxbridge Road—on 1st March, 1890, I advanced the prisoner £100 on five diamond stars and a diamond and sapphire ring—I produce the contract note—it was never redeemed—it was sold on 8th April, 1891—I put them in on sale or return—I have been a pawnbroker's manager—I am not at present in business—I have heard Mr. Joseph Phillips' evidence in Court to-day—I could not say whether his description tallies with the stars for which I gave £100; it might be something like that.
Cross-examined. Rose diamond stars is a very common ornament in the market—I could not say that mine was in French setting; they were very inferior stones, there was nothing particular in the setting, I have seen a number of diamond stars set in the same way; there was nothing to distinguish them as those pledged with me—I consider I gave more for them than they were worth.
brooch and ring for £55—the description in the catalogue No. 867 corresponds with those—they were never redeemed; they were put in Debenham's sale; I bought in the brooch, and afterwards sold it privately.
Cross-examined. A butterfly brooch is a very common ornament; I could not say whether this had a ruby body and a diamond wing; the description of the brooch pawned with me was a brilliant ruby and sapphire; that is the only way in which a butterfly ornament is made up—you can see plenty of them in shops—I have had more than 33 years' experience of the trade in a good house, where dealers in jewellery are dealt with considerably—it is very usual for dealers in jewellery to pledge their jewellery with pawnbrokers, and they lend up to the full value; it is a recognised custom—it is really a sale to the pawnbrokers, with option of redeeming, and a lower rate of interest is charged—if Imperiali pledged a brooch with us, and wanted to show it to a customer, I should allow him to do so, and I have done so many times—there was a general account between him and us, and any profit shown on the account would be handed to him—pawning to a pawnbroker for the full amount, with option of redeeming, is equivalent to selling to a customer, only that in the latter case there is no option of redeeming—we should put the article in the window at once.
JOHN TUNBRIDGE (Police Inspector). On 14th April I went to 53, Hammersmith Road, where I found the prisoner occupying furnished apartments—I took him into custody and read the warrant to him—he made no reply—I searched him at Bow Street, and found on him five rings and two brooches, nothing else relevant to the charge.
Cross-examined. Those articles I allude to have been given back to the prisoner—I had not heard before I arrested him that he would be waiting for me to call; I have heard that a letter was received by the Solicitor to the Treasury on the morning after his arrest; that would have been posted on the day before, I suppose—I heard Mr. Salomi examined at the Police-court; he said a number of cheques which you showed him represented payments made to him by the prisoner to the amount of £200 or £300; some of the cheques were after the transactions that are now the subject of inquiry; I don't think the cheques you mention were after—he said words to the effect that he could not swear the very articles we are inquiring into had not been paid for, as there was a running account between them.
WILLIAM VINER EDSALL . I am official shorthand writer to the Bankruptcy Court—I produce my original notes of the examination of the prisoner, and a transcript of them. (MR. FULTON and MR. GEOGHEGAN read certain portions of the notes.)
MR. GEOGHEGAN submitted that there was no evidence negativing the allegations in the indictment that these goods had been pledged other than in the ordinary way of business; but that on the contrary the witnesses had said that the pledging of goods with pawnbrokers in the way described was a recognised mode of conducting a business of that description.
MR. FULTON admitted the difficulty; the RECORDER ruled that the evidence failed to support the case, and directed the JURY to return a verdict of
NOT GUILTY .
MR. LOWE Prosecuted; MESSRS. FORREST FULTON and MUIR Defended.
THOMAS SALTER . I am a clerk in the Central Office of the High Court of Justice—this is an affidavit sworn by John Eugene Buckley, before John Knapp, on 7th January, 1891, and filed on the 9th, in the action of Hempel v. Buckley and Beard.
JOHN KNAPP . I am a solicitor and commissioner for oaths, at 114A, Chancery Lane—a person who answered to the name of John Eugene Buckley swore this affidavit before me on the date it bears, and signed it in my presence.
Cross-examined. I do not identify the defendant.
BRUNO EMIL HEMPEL . I am a waiter, living at 29, Warden Street, Commercial Road—the prisoner gave me this card. (This was a card of Buckley and Beard, turf accountants, 10 and 11, Cursitor Street, Chancery Lane)—I have seen the names Buckley and Beard, turf accountants, at 10 and 11, Cursitor Street, on the door and on the passage going up to their office—on 30th October last I handed Mr. Chipper £3 2s. 6d. and a piece of paper, on which I had written the name of the horse, Devils Own, and told him to take them to Mr. Buckley to execute the commission for me, as he was a turf commission agent, according to his card—the race was run the same day—I saw the prisoner on the following Saturday at Mr. Chipper's place, 28, Cursitor Street, which is almost opposite-Chipper was present—I asked for £37 17s. 6d., but there was some dispute about the amount of odds which the prisoner had been able to obtain, and I was content to accept £26 17s. 6d. £37 17s. 6d. represented 14 to 1—when I asked for £37 17s. 6d. the prisoner said, "You must be a b—y fool to think I am going to pay out 14 to 1 "—he told me Chipper had only got 10 to I—he never said he had not got the money-after a little conversation he told me to come the next day—the next day he said he had only got £26 17s. 6d. in his possession, and that I was to look to his partner for the money; and the following Monday he showed me a telegram from Beard, and said, "My partner has sent me this telegram, instructing me to pay the £26 17s. 6d., and no more "—he did not pay any money—he told me he would make me wait, and would pay me when he liked—at an interview I had with the prisoner when Collins was with me, Collins asked him why he did not pay, and the prisoner said, "We had a few words and 1 will pay him when I like—I should have been satisfied with the £26 17s. 6d.—about a fortnight after I went to the prisoners office and he asked me to go to the Bodega, where he paid for a drink and cigar for me, and said, "I am very sorry this mistake has occurred, and I have not paid you this money; will you come down on Friday, and then my partner Beard will be there at three o'clock, and we shall pay your—I went there; he did not pay—he always promised to do so, "said, I shall pay you as soon as 1 can"; he never said he had not got the money; he said, "I have not got the money, my partner has—he never said he had not received the money—on 20th November, though my solicitor, I issued a writ to recover this amount, and shortly afterwords I swore an affidavit for proceeding under Order 14—I saw the affidavit which the prisoner swore in reply—it is untrue. to say, "The Plaintiff never employed me to execute such a commission for him, and that he
received the money as a principal, for a bet made with him, and not to execute a commission, and that on several occasions he admitted he had £26 17s. 6d. in his hands, and refused to pay it.
Cross-examined. I saw the rule on the card that in bets made with Buckley on all minor races there was to be a limit of 10 to 1; so that the amount would be £26 17s. 6d. according to his card—he did not contend on that occasion that he made the bet directly with me—my solicitor is Mr. Lucius O'Brien; I sued the prisoner for £37 17s. 6d., and swore in my affidavit he was indebted to me in that sum, and according to his first arrangement he was—I believe his defence to the action was put in, denying he owed me £37 17s. 6d.—I accepted the £26 17s. 6d.—I sued for £37 17s. 6d. because of arrangements the prisoner had made with Chipper that he would pay 14 to 1—this matter was referred to the County-court—I obtained judgment for £26 17s. 6d.—I know Mr. Lucius O'Brien attended to tax the bill of costs; I did not instruct him to say that unless all these costs were paid which were disputed I should prosecute the prisoner for perjury on this affidavit, or proceed with the prosecution which had been instituted—I got my judgment for £26 17s. 6d. on April 23rd, I believe—I did not instruct my solicitor to say to the solicitor taxing the costs, "If you don't pay up all these costs I shall make it warm for your client, and go on with the prosecution for perjury "—if he made any such statement I was no party to it—the prisoner's statement has always been that it was not a commission, but a bet he made with me, and that he was willing to pay £26 17s. 6d., but not £37 17s. 6d.—he admitted before the County-court Judge that he was liable for £26 17s. 6d., but not for £37 17s. 6d.—I saw Beard several times; only once to speak to—I did not know the odds before the race; I do not think I have sworn, "I had told Chipper to take 14 to 1 on the horse "; I may have.
Re-examined. I knew nothing of these remarks about instituting proceedings for perjury till I heard them to-day—judgment was given for me in the County-court on 23rd April; these proceedings had been commenced before that on 17th February, and adjourned by the Magistrate, pending the result of the County-court trial.
GEORGE CHARLES CHIPPER . I am a hairdresser, at 28, Cursitor Street—I have acted as the prisoner's agent; he asked me to take commissions for him from anyone who wanted them done—on 30th October I received from Hempel £3 2s. 6d. and a piece of paper, on which the name of a horse was written—I took the money and paper to the prisoner, and laid it on the table and said, "Can you do this for Bruno? "meaning Hempel—he said, "All right "—the odds on that horse, the Devil's Own, were returned after the race at 14 to 1—two or three days before that the prisoner had said, with reference to the limit of 10 to 1 on minor races that he would make Hempel no limit—I saw the prisoner on the evening of the day on which the race was run, and he told me he had not got more than 10 to 1 about it—on the following Friday or Saturday I saw him again in Hempels presence—the prisoner then said he had £26 17s. Cd., I think the amount was, in his pocket—a dispute arose as to the amount; ho did not hand it over—he said to Hempel that he must take him for a by fool, and he walked out of the shop.
Cross-examined. I have been connected with betting since I was about five, and now I am twenty-two—but while I served my apprenticeship
for seven years I had nothing to do with betting—when I made the bet for Hempel the starting price was not known—the prisoner had paid me more than 10 to 1—it was on his card that he would not pay more, but he made a verbal agreement with me not to make it the limit; that was as to any event, not only as to this race, because the starting price was not known—I did not tell the Magistrate about that agreement, because I was not asked, and I did not think it important—this was a commission, not a bet; I know there has been a dispute about that.
Re-examined. I have seen the prisoner write; the signature to this affidavit is in his writing.
THOMAS HENRY COLLINS . I live at 28, Cursitor Street, and am a waiter—on the Monday after the 30th October I was with Hempel, and heard the prisoner say that he had £26 17s. 6d., the money of Hempel—we asked for £36 odd; that was at the rate of 14 to 1, which he had promised to pay; he had promised to pay longer odds than 10 to 1 if we brought him a lot of commissions; and he said he would not pay out more than £26 odd, and Mr. Hempel agreed to accept that amount, and then the prisoner humm'd and ha'd and would not pay; and said he must see his partner, and he would see Hempel d—first.
Cross-examined. I believe from what I have heard that from the beginning of this matter the prisoner has always contended he only owed £26 17s. 6d.—I have read the prisoner's card; there is on that the limit of 10 to 1 on minor races—I am not accustomed to betting—this was a minor race—the proper amount was £36 odd, according to the prisoner's arrangement—I brought him commissions on one or two occasions—I made something out of it; if some gentlemen won they would give me something.
GUILTY .— Three Months' Hard Labour.
NEW COURT.—Wednesday, May 21th, 1891.
Before Mr. Common Serjeant.
MR. KIDD Prosecuted.
NOT GUILTY .
MESSRS. BESLEY and GILL Prosecuted.
EDGAR AUGUSTUS CHILDE . I am a cashier at the City Bank, Old Street branch—Mr. Frederick Ship and Messrs. Dredge and Co. are customers of ours—on March 20th Passmore brought this cheque, dated March 20th. 1891, on the City Bank, "Pay F. Ship or order," and endorsed "F. ship"—the City Bank is in Great Eastern Street—I said, "Did you brings this cheque from Mr. Ship?"—he said, "Yes"—I said, "When did Mr. Ship give you this cheque?"—he said, "Just now; and he told me to come on to the bank and get the cash for it "—I said, "Well, there appears to be something wrong with the signature"—he said, "It is all right, sir; Mr. Ship just gave it to me, and told me to come on and get the cash for it, and one of his men has come with me,
and is waiting outside "—I said, "I will come on with you and see Mr. Ship, and if it is all right I can give him the money "—he said, "Very well, sir "—I went down to the basement to get my hat, but was not absent half a minute, and when I came back he was gone—I went into the street and looked for him, but he was not in sight—I went to Mr. Ship at once and made a communication to him—the cheque was left in my possession—I never saw Passmore again till I picked him out at the station—the cheque corresponds in number and counterfoil with a cheque delivered to Mr. Dredge; the counterfoil is B. M. 80,536—the preceding counterfoil is dated 19/3/91, and the succeeding one 20/3/91—the cheque was delivered to Messrs. Dredge, and not to Mr. Ship—on May 1st I picked out Passmore from eight or nine others at Hoxton Police-station, and said, "To the best of my belief that is the person who presented the cheque"—he said, "It is all right sir," or "You are all right, I did it," and a little later he said, "I won't give you much trouble, sir, I did it"—these nine cheques (produced) were delivered out to Mr. Ship; the first is dated October 29th, 1890, and we paid it on the 30th; the others are for £40, £18, £15, £17, £17, £17, £18, and £30; £159 altogether; they are all on Mr. Ship's forms—I remember Agonbar coming to the bank to stop some cheques; he brought this message (produced)—we did not discover that these nine cheques were forgeries till after March 29th; they are very clever imitations of Mr. Ship's cheques, but the one I stopped was much clumsier, and I can see by a magnifying glass evidences of tracing underneath—there is no tracing on the cheque of March 20th; that was done from memory, and being clumsier it did not succeed—on the nine cheques I find with a magnifying glass traces of pencilling, but there is no evidence of pencilling on the cheque in the case which is being tried.
Cross-examined by Passmore. You said that Mr. Ship Bent you, not Mr. Ship's man.
FREDERICK SHIP . I am a box-maker, of Myrtle Street, Hoxton, and bank at the City Bank, Great Eastern Street—Agonbar is in my employment—this is his writing, by my order (produced); I signed it, and sent him to the bank—he had not made any communication to me about Gray or Passmore, but one morning when I went to business the safe door was strained and open, and I looked in my book and missed four cheques—I took the numbers down, and sent them to the bank—there was no blood on the safe, but there was on the desk—the numbers were B. N. 375, 376, 377, and 378—these are the counterfoils—I have two cheques on one page—the counterfoil of No. 373 is in Agonbar's writing, written on the same day that I missed the four cheques, and I put a cross against the four—Mr. Childe came and saw me on 20th March, and showed me this cheque; it is not mine—I subsequently learnt from the bankers that they had paid these nine cheques—none of them are in my writing—I did not know any cheques had been taken, except these four—sometimes when I write cheques I do not fill up the counterfoils for two or three days afterwards; 'I leave the counterfoil blank, I do not write "cancelled" on it—I always; filled up the cheques myself, and Agonbar wrote the counterfoils in—I have known Gray about four years—he worked continually for me up to February 7th, 1891, and then he was not in my service again till April 4th—I saw him on March 20th standing against my door—during four years he was scoring boy, making the
marks for cardboard to be bent up to make the shape—I think he got fifteen shillings a week; but he was not employed by me—I have never spoken to Passmore, but I have seen him pass—I was in my private parlour when Inspectors Leach and Swanson spoke to Gray, and produced the nine cheques—Gray said, "I have taken several of these cheques into the bank myself," and that Passmore was the man that "done the signature"—the officers allowed him to have the cheques in his hand and look through them—he said as to the £10 cheque, "We will go in for a big shilling now."
Cross-examined by Gray. I do not recognise the £10 cheque as my writing—I did not send you to the bank to get change and pay an account with that cheque to Mr. Young, a customer of mine—I never had to complain of your conduct.
Cross-examined by Batten. I have not seen you since last summer.
Re-examined. This (produced) is a genuine cheque of mine—the £10 cheque is not mine—it is not true that Gray had it to turn into money to pay Mr. Young.
FREDERICK WEDGE . I am a box-maker, of Pitfield Street, Hoxton; I bank at the City Bank, Old Street branch—on 20th March I was asked if a cheque had been taken—I referred to my cheque-book and missed two, Nos. 80534 and 80536—80536 is the one torn from the counterfoil and identified as a forgery—I keep my cheque-book in the safe, but in my coat pocket when I am using it frequently, and I hang my coat up in the office—Batten was in my employment about two months this year and about that time, and could go to my coat—I did not write the cheque preceding these counterfoils of the 19th and 20th, but the succeeding one is mine—the first is my brother's—I have never seen the other cheque form—I was present when Batten was taken in custody and taken into my office—I asserted that he had taken the two cheques; he said, "I know nothing about the cheques at all"—he had 14s. a week and a room to occupy—I do not know Passmore or Gray.
Cross-examined by Batten. You were out with the cart all day—I lock the office door when I go out, but I put the key on a ledge over the door—you knew that: you were frequently in and out.
Re-examined. There was no difficulty in Batten going into the office and getting my cheque-book—I did not leave the coat there all night; it was an old jacket I used to wear about the place—I did not take it home with me that day—I took the cheque-book home; I did not leave it in the safe.
JOHN HENRY AGONBAR . I was twenty years old last week—I have been employed at Mr. Ship's seven or eight years, and am there now—when he has filled up a cheque I sometimes write the counterfoil—I did not know anything about cheques being taken away till he gave me a memorandum to write on 28th February, which he signed and gave to me to take to the bankers—I saw Gray on my way, but did not show it to him—he said, "Where are you going?"—I said, "To the bank"—he said, "What for?"—I said, "To stop four cheques which have been stolen"—that was all the conversation—I saw him again on 18th or 19th March, in Huntingdon Street, Hoxton—we went along Osborne Street, and he asked me 5 I could get him one of Mr. Ship's cancelled cheques—I said, "No, I don't want to lose my character or be locked up "—he said he wanted to fill up another cheque from it, and if I did I should
have some of it—I said, "No"—up to that time I had no knowledge that £159 had been obtained on forms got from Mr. Ship's book—I met him again about three days afterwards in Hoxton—I said, "A cheque has been presented at the bank and refused"—he said, "If I had had a copy it would have been all right; if you or Jack Eaton say anything about it I will swear you were in it"—it is not true that for twelve months I have been in the habit of falsifying my master's accounts and obtaining money, or that I first suggested to Gray that he could get anybody to write a cheque and make a big shilling; I never mentioned it—I never gave him or Batten any of these nine forms—I only saw Batten when he came to our place in the summer—I saw Passmore when Gray was married, in February—he is his brother-in-law—I know nothing of two cheques got from Mr. Dredge, one of which was burnt, and the other used.
Cross-examined by Gray. I did not show you the letter Mr. Ship gave me about the four cheques, nor did you read," To the Manager of the City Bank, "on the envelope—it had" City Bank "on it—I did not come round the night before, Friday, and give you a cheque ready written out—I did not bring you a letter on Sunday morning to say that I was going to stop the cheque I had given you—you know what I came to your house for; it was not half a mile out of my way, not more than the distance from here to the side of this court—you had just got out of bed, you had only your boots and trousers on; I did not give you anything.
Re-examined. There is none of my writing on this cheque—my writing is on the counterfoil of this cheque of 28th February: that is No. 273, for the gas—that was written by me after the discovery of the four cheques—I had nothing to do with filling up the nine cheques.
ALFRED LEACH (Police Inspector). On 3rd April, about four p.m., I went to Mr. Ship's and sent for Gray, and said we were making inquiries about nine cheques which had been stolen from Mr. Shipp and forged and uttered—he said, "I know nothing about it"—he afterwards said, "Well, if Agonbar has rounded on me I shall round also, "and made this statement—I did not suggest to him to make it—he said, "For over twelve months Agonbar has been in the habit of falsifying his accounts and stealing money from Mr. Ship. Agonbar first suggested that if I could get anyone to write a cheque we could get a big shilling. He gave me several cheques from time to time, also Batten, who used to get them from the safe. I used to hand them to Harry Passmore to copy. It was a stranger who passed the first £10 cheque, and me and Harry Passmore passed the others. It was Harry who attempted to utter the cheque stolen by Batten from Dredge. The second cheque of Dredge's has been destroyed. I saw it destroyed at 63, Fanshaw Street; Harry Passmore did it because the forgery of the other had been discovered,"—Gray looked at the cheques at the station and said, "Those are the cheques"—I found Batten at the station, and said, "Gray says You stole a cheque which has been uttered, and you are detained for inquiries "—he said, "I know nothing about it"—when the prisoners were charged next day I read Gray's statement to Batten, and Gray said, "It is all lies what I have told you "—Batten said, "I know nothing about it. "
Cross-examined by Gray. When I left you in the passage I did not say,
"Batten has told me all"; I had never seen him, and did not know he would be charged.
JOHN SCOTT (Police Sergeant). On 30th April I saw Gray at Mr. Ship's house—he was taken to the station—afterwards about 6.30 I saw Batten in Pitfield Street, and said, "Are you Harry Batten?"—he said, "Yes"—I said, "Come into Mr. Dredge's office; I want to speak to you; I am a police-officer; Gray and Agonbar are detained at the Police station in connection with a case of forgery at the City Bank, Old Street branch; Gray has made a statement that you stole two cheques from Mr. Dredge's cheque-book; one of those cheques was uttered at the City Bank on 20th March "—he said, "I know nothing about cheques "—Mr. Dredge said, "I know you had my cheques "—I took him to the station, where he saw G-ray and Agonbar detained, and said, "This is all right"—on May 1st, about noon, I saw Passmore at Mr. Smith's cabinet works, New Inn, Shoreditch, and said, "You are Harry Passmore?"—he said, "Yes "—I said, I am a police-officer; statements have been made by William Gray and Agonbar to Chief Inspector Swanson and Inspector Leach that you on 20th March uttered a cheque on the City Bank, Old Street branch"—he said, "I know all about it; that is Gray, the scoundrel; I will make a statement to Mr. Leach and soon get out of this"—Passmore was taken to the station, placed with eight other men, and Mr. Childe immediately picked him out—he said, "It is all right, I won't give you any trouble, I wish to make a statement"—I said, "Very well, you make it voluntarily, it may be used as evidence against you"—he then made this statement; I let him read it, and he signed it. (Read: "I reside at 87, Oxford Road, Islington. I was at work at Dennington's Old Street, City Road. About a month or more ago I came out of the shop to go to dinner; it was about twenty past one o'clock when I met William Gray, when he (Gray) said, 'Harry, I look too shabby to go into the bank, will you cash this for me?' handing me a cheque on the City Bank for £30. I said, "Who's is it?' he (Gray) said, "The governor's, of course.' I said, "I will take it with pleasure.' I took the cheque into the bank and laid it on the counter; a dark gentleman first took it, and called the gentleman who picked me out at the police-station (meaning Mr. Childe), who said the signature was wrong, and asked me who sent me with the cheque; before I had time to answer, he (Mr. Childe) said, "You go back to Mr. Ship's, I will come on. "I said to the gentleman (meaning Mr. Childe), "There is one of Ship's men outside,' when he (Mr. Childe) said, 'Oh! wait a minute, and I will go with you, go steady.' I walked slowly out of the bank; when outside the bank I lighted my pipe, when Gray came up to me and said, 'Is it all right?' I said, "The signature is wrong, and the gentleman (meaning Mr. Childe) is coming down to see Mr. Ship himself.' I looked at Andrews' clock, and said to Gray, 'I must hurry up.' I walked towards Pitfield Street. I said to Gray,'I have not much time,' when Gray said, 'We will walk sharp' I left Gray at the corner of Fanshaw Street, when Gray said, 'I will go straight back to the shop.' I afterwards saw Gray; I asked him if he had found the mistake out, when Gray said, 'I have been talking to Mr. Ship about it, it is all right. 'I have seen Gray on several occasions since, but he has never mentioned about it. About a fortnight after I took the cheque into the bank I went into a public-house at the corner of Fanshaw Street to have a drink with Agonbar and Gray. Agonbar said to Gray,
'Someone must have been a b----y fool for catching their finger in the safe.' Gray said, 'If Jack Eaton had looked out properly it would not have been done.' Agonbar said to Gray, 'The blood is all over the b----y money, and the handle of the safe was broken.'—HENRY JOHN PASSMORE.")—I said to Passmore, "Is this the man Gray you refer to? "he said, "Yes"—neither of them made any reply.
Cross-examined by Batten, I never heard you say, "I am here for nothing."
F. SHIP (Re-examined). I have now got the numbers and amounts, B. N. 234, November 14, £18, and 235, February 4, £17; those are consecutive numbers; the others that are missing were never presented, and never came back to me—I directed the envelope "To the City Bank," not "To the Manager."
E. A. CHILDE (Re-examined). I personally got this notice of February 28, but I am not sure whether it was under cover—the outside cover is destroyed; I cannot say whether I saw it.
Gray's Defence. Mr. Ship promised me £2 If I would come up here and sit on the jury for him; I did so, and he gave me the £2—he used to pay a man to take the cuttings off the floor, and he said if I would stop on Saturdays he would give me half the money; he said he would pay me at Christmas, but he never paid me a halfpenny; I then got married, and he came to my wife on Easter Tuesday, and instead of coming at 8 a.m., I went at 8.30. I have been working for him and his brother all my life, and never robbed him of a halfpenny. When I was married I took nine weeks' rest, and after I went back they said, "Batten says this; Batten says that."
F. SHIP (Re-examined). I never promised to pay Ship £2 for sitting on a jury for me; I do not know anything about it.
Passmore's Defence. I am innocent. Gray owns that he gave me the cheque, and said it was his master's, and therefore I cannot see that I am to blame. I have always borne an honest character. It was my duty to get back to work at two o'clock, and therefore I was in a great hurry. Mr. Childe said, "I will put my hat and coat on; you go on, I will follow."
E. A. CHILDE (Re-examined). Most distinctly no.
Batten's Defence. The other two prisoners know I am innocent.
GRAY— GUILTY .— Twenty Months' Hard Labour. PASSMORE— GUILTY .— Eighteen Months' Hard Labour.
BATTEN— NOT GUILTY .
MESSRS. GEOGHEGAN and HUMPHREYS Prosecuted.
SELINA, LADY RENNIE . I live at 2, Chester Square, and have occasionally dealt with Liberty and Co., of Regent Street—I did not send them this letter on March 3rd, nor was it written with my authority or knowledge—a parcel was brought to me in the middle of that day—I examined it; it contained cloaks and shawls—I had not ordered them—my daughter was not at home; she afterwards came home and examined the parcel.
this letter, nor was it written by my authority—I ordered no goods from Liberty and Co. on 3rd March.
ALFRED SMITH . I am a buyer in the costume department of Liberty and Co.—on 3rd March I received this note: "2, Chester Square,—Please send Lady Rennie silk cloaks and shawls to-morrow, Tuesday, to be brought to see if she likes them, to the above address "—I sent three cloaks, value £10, by Bertha Geer—this yellow one (produced) is one of the three, it is worth four guineas, the ticket has been removed—I ascertained in the counting-house that Lady Rennie occasionally dealt with the firm, and I believed it was a genuine letter from Lady Rennie r—I left the selection of the shawls to Mr. Freake—the letter was afterwards shown to the police—on March 13th or 14th I went with Sergeant Allen to Camden Street, Islington, a wardrobe shop, and identified this cloak.
WILLIAM HUME FREAKE . I am buyer in the shawl department at Liberty and Co.—this letter was shown to me, and I put up seven shawls, value £5 10s., on March 3rd, and sent them by Bertha Geer, having first ascertained that Lady Rennie was a customer of the firm.
BERTHA. GEER . I am assistant to Messrs. Liberty—on 3rd March I took a parcel of goods to Lady Rennie's—I got there just after three, saw Lady Rennie, and left them with her—this cloak was one of them.
MARY ANN SANDIFORD . I am housemaid to Lady Rennie—on March 3rd the last witness brought a parcel; Miss Rennie was not at home, and Lady Rennie did not know whether they had been ordered by her—the prisoner called about 8.45, and said, "I have come from Liberty and Co. for a parcel, which has been left this afternoon by mistake"—I shut the door, and said, 'Yes; there is a parcel left; you do come from Liberty's?"—he said, "Yes," and took a paper from his coat pocket, but did not show it to me—I brought the parcel from the sitting-room to the hall, where he was sitting, with the paper loose round the box, and not tied up—he said, "It is a mistake; it is for a Mrs. Randolf over the road "—I said, "There is a Mrs. Randell over the road"—he said, "It is for Lady Randolf, Chester Terrace, Regent's Park," and that he was sorry it had been opened, as it was very valuable—I said, "Lady Rennie was obliged to open it to see what it contained, whether it was for her or not"—he tied it up very awkwardly, and did not appear to understand it, and I assisted him—he said he should have to take a cab, and take it to Chester Terrace—he was with me about a quarter of an hour, and I am sure he is the man—I believed he came from Liberty and Co.
Cross-examined by the Prisoner. It was the same paper as the parcel was brought in—you never mentioned Lewis and Co.
ANN LOUISA WATERLOW . I am the wife of Mr. Waterlow, who keeps a wardrobe shop at 29, Camden Street, Islington—this yellow cloak was sold to me in March for two shillings—I do not know the date, or by whom—I saw something in the police-sheet next morning, and went to the police-station.
WALTER CRIER . I am manager to Lewis and Co., drapers, of Oxford Street—on 28rd April I received this letter: "12, Queensbury Place, Cornwall Road.—Please send Miss Sutton to-morrow, Thursday, black, dark brown and dark grey dress of good quality, to be left to see if she likes them"—and in consequence of what had been told me I communicated with the police—I then made up a parcel of silk of only
nominal value, about two shillings, and sent it to Miss Sutton by Henry Streeter, who is not here.
SAMUEL ADAMS . I am page to Mr. Sutton—on 23rd April, about 7.30 p.m, I took in this parcel (produced), and at 9.15 p.m. the prisoner came, and said he came from Mr. John Lewis and Co., Oxford Street, for a parcel left by mistake—the name of John Lewis was on the parcel—I gave it to him; I know he is the man.
JOHN WESTON (Detective Sergeant D). I received information, and on 23rd April kept watch on 12, Queensbury Place—the prisoner called there about 9.15, and I saw him leave, carrying a parcel—I went up to him and said, "lam a police officer; I shall take you in custody for stealing, that parcel which you are carrying from Mr. 'Lewis"—he made no reply—I put him in a cab and took him to the station, where I searched him and found these four silver muffineers, which have not been identified—I asked him how they came into his possession—he said, "I gave a man 3s. for them outside a public-house "—I had them valued, they are worth £4—he said he had been living at a lodging-house at Castle Street, Long Acre—I went there—I have compared the letter written to Liberty and Co. with the one to Mr. Lewis, and with documents found on the prisoner, and in my judgment they are all written by the same person—I found on him this copy of an advertisement for a place, "Church of England, and total abstainer. "
BENJAMIN ALLEN (Detective Sergeant C). The prisoner was shown to Miss Sandiford among a number of others, and she picked him out—I have compared these two letters with a letter found on the prisoner, and in my opinion they are written by the same person—I went to Camden Street, and this yellow cloak was identified in my presence—the prisoner said nothing about a commerical traveller till his committal; he then gave a description of him.
The prisoner, in his statement before the Magistrate and in his defence, said that a commercial traveller engaged him to write the letters, and go for the parcels and hand them to him; that when he received the cloak there was a ticket of the price on it, 18s. 6d., and he sold it for 2s.
GUILTY .—He then PLEADED GUILTY ** to a conviction of felony at Westminster on 10th November, 1888, in the name of William Saunders. MR. GEOGHEGAN stated that the prisoner had obtained altogether £77 9s. 10d. by like means, besides other attempts.— Twenty Months' Hard Labour.
OLD COURT.—Thursday, May 28th, 1891.
Before Mr. Common Serjeant.
MR. GEIFFITHS Prosecuted.
GUILTY on the Second Count. — Four Months' Hard Labour.
WILLIAM JOHNSTONE PLEADED GUILTY .
MR. PICKERSGILL Prosecuted.
JOHN EGAN (City Detective Sergeant). On 28th April I was on duty in Gracechurch Street, with Outram, about noon, and we followed the prisoners through Gracechurch Street, Eastcheap, Philpot Lane, and fenchurch Street—they followed two ladies down Gracechurch Street to Lombard Street, and just on the corner they walked close up behind them, William Johnstone in front and Eliza close behind, and I saw him put his hand down in the direction of the lady's pocket—she evidently discovered it, and turned and looked hard at the man, who hurried across the road, followed by the female prisoner—she went along Gracechurch Street in search of William Johnstone, and after ten minutes I saw them together again, going over the same ground, and loitering outside some of the banks in Lombard Street and King William Street—at the bottom of Lombard Street the prosecutrix, who was wheeling a bassinette with a child in it, and had two other children walking with her, was brought to a standstill at Arthur Street, having to get the bassinette into the roadway, and at that minute the prisoners closed up behind her, the man in front, and the woman as close as she could get behind him—I saw he had his left hand down where the prosecutrix's pocket would be in her dress, and then he hurried across the road to the opposite side of King William Street, followed by the female prisoner—I spoke to the prosecutrix, and from what she told me I spoke to Outram, who took hold of the female prisoner, and I overtook the male prisoner by the Monument Railway Station—we brought them together, and I said to the man in the woman's hearing, "You have stolen a lady's purse; lama police officer"—he said, "you have made a mistake, sir"—the woman said, "You have made a mistake, sir "—I found the purse up the sleeve of his coat—I charged them at the station, where the man said, "She knows nothing about it," pointing to the woman, and he also said she was his wife—I found they were living together at the same address at Stepney.
ELIZABETH BATCHELOR . I am the wife of John Thomas Batchelor, of 48, Dane Street—on 28th April I was in King William Street, wheeling a perambulator, and with two children—Egan made a communication to me, and I missed my purse from my dress pocket; there was 8s. 1d. and a small key in it—I afterwards saw the purse and the 8s. 1d. safe in it in the officer's hands—I did not notice the prisoner.
The female prisoner in her defence said that she was William Johnstone's wife; that her marriage lines were at home, and that she was married eighteen years ago.
Eliza Johnstone called
ELIZA JOHNSTONE— NOT GUILTY .
WILLIAM JOHNSTONE also PLEADED GUILTY** to a conviction of felony at this Court in October, 1886.— Twelve Months' Hard Labour.
Before Mr. Common Serjeant.
MR. A. WILLIS Prosecuted.
FREDERICK JEX . I am a labourer, of Canning Town—on 18th May I was going home, at 11.30 p.m., and saw the prisoner by the Rose of Denmark, Canning Town, in the middle of the road—I knew him previously—he said, "Where the h—have you been?"—I said, "Mind your own business "; and the man I was talking to said, "If I were you I would go home "—I went on, and the prisoner ran after me and captured me against Fort's Market, and asked—me what I meant—I said I did not want anything to say to him; I would see him in the morning if there was any grievance between him and me—he said, "I will give you what for when I get you in the dark," and going up Forty Acre Lane he gave me a severe blow on my head—I did nothing, only went on, and he gave me another—I then pulled off my jacket and went for him—he did not pull off his—during the fight he gave me some sharp stabs on my breast, shoulder, and arm—I did not see any knife, it was so dark—this (produced) is my waistcoat; it has several stabs in it—Durrant was with him—I had no fray with anyone else—I was not drunk; I had had a little drop during the day; I was out with a violin enjoying myself.
Cross-examined by the Prisoner. I was going home to my mother-in-law's house after my wife—I did not strike you first—I do not know whether you had left any things at my mother-in-law's.
By the COURT. He is no connection of mine, but he has his lodging at my mother-in-law's—I had been to about four public-houses that night—I had a pint of beer at the Robin Hood, and afterwards half a pint at the Red Lion; I did not then go to the Red Tape—I went to one or two houses in Liliput Road; one was the Custom House Hotel; I had nothing there except a drink out of one glass—I played the violin at some of those places—I went to the Railway Tavern, but had nothing there—I went to two more houses afterwards, and drank with one young man and another—I said at the Police-court, M I was quite sober, and had a jolly day "—the prisoner was in the Robin Hood; he was going about with me—I was going in front and he after; there were two or three besides him, his brother and Mr. Brown, and they had a drink among themselves—I did not say, "Are you following me?" but I was annoyed at their coming behind me—I have had no quarrel with the prisoner before; I sent my coat home to my mother-in-law's—there were four people present when it happened—I hit the prisoner on his face with my list after he struck me; I did not strike Durrant.
SARAH ANN HARNES . I live in Vincent Street, Canning Town, and am a widow—the prisoner married my eldest daughter, and lodged with me—he left on the Saturday morning before Whit Monday, after giving two days' notice—he said he was going down in the country, as he had no work—on Whit Monday, about 11.30 p.m., I was called out by my little girl, and saw Winn and Jex fighting, and Durrant standing on one side—Winn struck Jex on his breast with his right hand, and stepped back—I touched Jack on his shoulder, and he was bleeding; I saw blood on
my hand—I said, "You have been stabbed; come indoors"—I took him indoors; he was bleeding very much from his right shoulder—I pulled off his shirt and his waistcoat, and found he was stabbed in many places—there was a lot of blood on his shirt.
Cross-examined. You told me you were going two days before, but you left before I was up, without paying me; I went to you and got it on Monday morning after a great deal of talking; it was 4s. 6d.—I found you at your brother's, in Forty Acre Lane—you were at my house on the Saturday night, but you did not tell me you would pay me in the morning—you were not unwell; you were the worse for drink—I did not say I would make it up for you four or five months back when you lost your purse—you lost it a month after you were with me.
GEORGE BENBOW (K 78). On Whit Monday, shortly after twelve o'clock, I was at the rear of 149, Forty Acre Lane, with three other constables, when the prisoner and three others rushed out at the back—we pushed them back into the kitchen, and Mrs. Harnes came in and said, "These are the two men that stabbed my son-in-law"—that was Durrani and the prisoner—I found this white-handled table-knife closed in the prisoner's right coat-pocket—there are two red spots on the handle—he was charged in my hearing, with cutting and wounding, but never spoke—he had been drinking, but appeared to know what he was about—he did not stagger, he was led by two constables—Jex was in the station before. I went for the prisoner; he was smothered in blood all over his clothes and shirt and side.
THOMAS KING HORNAGE . I am a surgeon, of Victoria Bock Road—on Whit Monday night, about twelve o'clock, I was called to the Police-station, and found Jex with a clean cut wound on his right shoulder an inch and a half long, and one-quarter of an inch deep—his shirt was saturated with blood, and lacerated—in front of his left shoulder his shirt was in a similar condition, and under that I found another cut of a similar character, just in front of his armpit, and another wound on his right wrist, on the outer side, of a similar nature, but deeper than the rest; that is why he has his arm in a sling—this knife would produce the three wounds; the marks on it look like blood, but I have not examined them microscopically—one cut in the waistcoat corresponds with the wound in front of the armpit, but there were no wounds corresponding with the other holes; they are like tears—he had his coat off, so his waistcoat might be torn in the fight—there had been a great effusion of blood—there were no marks on his face.
By the JURY. I saw no congealed blood on the blade of the knife, and I should expect to find it—I examined it three-quarters of an hour afterwards—it would very soon dry up, and it would be very easy to wipe it off.
Evidence for the Defence.
SAMUEL JOHN DURRANT . I am a labourer, of 144, Forty Acre Lane—Jex struck you first with his fist, and as you were getting up he knocked you down again—you said to him that you were going to your mother-in-law's for your things, and that you did not want to fight—he said, "Come on, and have it now"—his mother-in-law and two daughters came out and got on to you, and said that they would make it up for you; and then the other lodger, Bob Capps, came up and wanted to fight you—I did not hear you use any bad words to him, or see you use a knife.
Cross-examined. I was charged at the Police-station and at the Police-court, and the charge was dismissed—I did not have a row with Jex; I never spoke to him—I did not hit him—I saw no one strike Jex, except the prisoner—I noticed Jex before the row; he had no injury then.
By the COURT. Jex was not in the Robin Hood, he came up outside just as the house closed, and said he was going home, and the prisoner said, "lam going to my lodgings to get the rest of my things"—I said, "I will go with you," and when we got as far as the Ground Bents Jex took off his coat and stood to fight, and knocked the prisoner down, and he got up and let into Jex in front—before Jex had any injury before the row, I did not see anyone strike Jex besides Winn; there was only we three together when the row started.
Prisoner's Defence. We had been together since ten in the morning, and at shutting-up time Jex said, "Are you following me?"—I said, "No, I am going after my things; you get on "—he slipped his coat off, and knocked me down—I got up and slipped into him, and the mother and her two daughters came out and said, "Come on, Bob, let the b----have it"—I had as many bruises and as much blood on me as he had on him.
NOT GUILTY .
At the conclusion of the case for the prosecution the prisoner stated that he desired to give evidence. The COMMON SERJEANT said that after the decision of the Court of Crown Cases Reserved, in The Queen v. Owen (Cox's Criminal Cases),it was doubtful whether the prisoner could give evidence upon the First Count, which was not under the Criminal Law Amendment Act, 1883, although upon the Second Count, which was under that Act, he was entitled to give evidence. After consulting MR. JUSTICE HAWKINS, the COMMON SERJEANT ruled that although the language of Lord Coleridge's judgment in The Queen v. Owen seemed to imply that the evidence was admissible generally, yet the safer course would be to admit evidence on the Second Count only, and not on the first.
GUILTY — Six Months' Hard Labour.
Before Mr. Common Serjeant.
MR. WILKINSON Prosecuted.
THOMAS BLYTHE . I live at 6, Goldsmith Buildings, Drury Lane, and am a coffee-stall keeper—about a quarter to one on 9th of April the prisoner and another man came up to my stall in Endell Street, and called for two cups of coffee, three slices of bread and butter, and a slice of cake, which altogether came to fourpence-halfpenny—the prisoner gave me a florin, as I thought—I said, "Have you any smaller change?"—he said, "No"—said, "Well, I shall have to give you all the change I have got, for you are my first customer," and I gave him 1s. 7 1/2 d. change—he
asked his companion whether he would have any eggs—he said, "No, let us go away"—I bent the coin in the tester, and I said, "This is a bad one"—he said "No, it is not; it is a good one"—I said, "Well, if you will give me my change back again that I have given to you I would sooner lose the fourpence-halfpenny that you have had M—he said, "No, that is a good one "—I said, "We will soon prove it, there is a constable there"—I called the constable, and while doing so the prisoner put his hand into his trousers pocket and passed something to the other man, who walked off as the constable came—the prisoner was taken into custody—he was charged the following day, and discharged by the Magistrate—I gave the florin to the constable; it was like this.
By the COURT. I may have said at the Court below that the companion ran away; I did not notice how he went.
HENRY SLATTERY (E 389). On 9th April Blythe called me to his stall, and I took the prisoner into custody and to the police-station—I found a halfpenny on him—when charged he said nothing—the Magistrate discharged him—Blythe handed me this coin.
Cross-examined by the Prisoner. You sent me to where you had been wording, only temporarily, I believe—you said you got the florin at a public-house in Drury Lane—I made inquiries, and they said they never saw you before.
ISABEL BELL . I keep the Windmill public-house, Cornwall Road, Brixton—between five and six p.m. on 6th May the prisoner came in for three-ha'porth of mild and Burton, and gave me a florin—I looked at it, and tested it on a slate in my parlour; it made a mark and did not scratch the slate—I went back and said to the prisoner, "This is a bad two-shilling piece"—he said, "That is all I have"—I took the beer away, and said, "You cannot have my beer for bad money"—he took out a penny, and said, "That is all I have"—I said, "You can have the beer for a penny"—he said he got the bad coin at the Plough, and added, "I will go back and get a good one for it"—he said he lived at Brandon Road—I gave him the bad coin back, and he drank the beer and went away—on 20th May I went to Lambeth Police-court, and picked out the prisoner from eight or nine others—the coin had a dull, black look, and was light; it gave no sound when I rang it.
Cross-examined. Before I identified you the policeman did not say, "There is the man with the blue necktie"—I have no doubt you are the man; I had never seen you before.
AMY DEAN . I am barmaid at the George IV., Brixton Hill—on 13th May, about seven p.m., the prisoner came in for half of old six, and gave me this florin—I tested it in the tester, it bent—I handed it to Mrs. Rowe, who gave it to her husband, the manager.
Cross-examined. I did not leave the bar; Mrs. Rowe was sitting in the bar, and Mr. Rowe was in the coffee-room at the side; the door was open; you could not see me; you were at one end.
WILLIAM ROWE . I am manager of the George IV.—on the evening of 13th May, having taken much bad money, I was sitting in the coffee-room, waiting—I did not see this florin taken; Miss Dean handed it to Mrs. Rowe, who gave it to me—it was broken in my presence—I went to the side bar. and said to the prisoner, "What do you mean by passing bad money?"—he said he had got plenty more good money, and he hoped to pay us, and he would give me other money if I wished it—he said nothing,
but sat down—I sent for a constable and gave him in custody, with the coin.
Cross-examined. It was not four seconds after I received the florin that I came round to you—you had no time to make yourself scarce.
EDWARD MANKELL (W 425). On 13th May I was called to the George IV. a little after seven the prisoner was detained by Howe, who said, "I give this man into custody for passing a bad two-shilling piece"—he said nothing—I found on him two half-crowns, two florins, two sixpences and a halfpenny, all good—he said to the inspector at the station, "I want to apologise"—the inspector asked him where he got the money from that he had on him—he said he had changed a sovereign yesterday morning—he was asked where he lived, and said at the Star Chambers, Wandsworth Road—Mr. Rowe handed me this coin as soon as I entered the house.
WILLIAM JOHN WEBSTER . I am Inspector of Coin to Her Majesty's Mint—this coin is counterfeit—a bad coin would make a mark like a lead pencil on a slate; a good coin would scratch it—the other things Mrs. Bell mentioned are indicia of a bad coin—this other coin is counterfeit, from a different mould.
The prisoner, in a written defence, stated that the policeman pointed Mm out to Mrs. Bell when she came to identify him.
GUILTY .—He then PLEADED GUILTY** to a conviction of uttering in October, 1885, at this Court in the name of Allen Fitzallan.— Five Years' Penal Servitude.
MR. WILMOT Prosecuted.
SARAH SALTER . I am the wife of Charles Henry Salter, of 136, Asylum Road, Peckham—on the night of 19th March I went to bed, leaving my house securely locked and fastened—next morning, a little before seven, I found it had been broken into and a lot of things stolen, among them this kitchen clock, two pairs of boots, a coat, handkerchief, sheet, pair of socks, and wrapper; they were my husband's property.
ARTHUR RUDDOCK . lam assistant to Mr. Attenborough, pawnbroker, 93, Old Kent Road—this clock was pawned with us on 20th March by a woman in the name of Ann Brinsley, for two shillings—to the best of my knowledge and belief Hawkes is that woman; I cannot swear to her—she said when she came that her husband had made that clock, and that he was a cabinet maker.
BENJAMIN BENNETT (Sergeant P). I had information of this burglary, and examined the premises—an entry had been effected by forcing" the catch of the kitchen window as if by a knife—I found that the stolen clock had been pledged at Mr. Attenborough's by a woman whose description I had—in consequence of that I arrested Hawkes at Lambeth Police-court, where Davies had been brought up on another charge—I said to her, "lama police officer; I shall take you into custody for being concerned with a man named Davies, who has just been tried, for pledging a clock which was stolen from 136, Asylum Road, Peckham, on 20th March, and pledged at Mr. Attenborough's the same day"—she said, "Yes, I pledged the clock; Davies gave it to me"—this was outside the
Court; Davies was not present—she gave the address, 2, Morpeth Place, Waterloo Road, and she gave me her key—I went there, and found a pair of boots, which I took to the station, and said, "I have found these boots in your room; they have been stolen from 32, Radnor Street, which was broken into on 11th April"—she said, "Yes; Davies brought them to my place about two or three weeks ago"—I had not seen her with Davies before she visited him at the Police-court, but I know they were living as man and wife at 2, Morpeth Place.
Hawkes. He was not living with me altogether.
Hawkes, in her defence, said that she did not know the clock was stolen.
HAWKES NOT GUILTY .
DAVIES PLEADED GUILTY , and MR. WILMOT offered no evidence against Hawkes— NOT GUILTY .
Davies also PLEADED GUILTY** to burglary in the dwelling-house of Joseph Fansett, and stealing seven overcoats and other goods; and to a burglary in the dwelling-house of Robert Kirk, and stealing one overcoat and other goods; and to a conviction of felony on 14th October, 1889.— Six Years' Penal Servitude.
Before Mr. Recorder.
He was again indicted for certain misdemeanours under the Bankruptcy Acts.
MR. WINCH, Q C, offered no evidence.— NOT GUILTY .
ADJOURNED TO MONDAY, JUNE 29TH, 1891.