CENTRAL CRIMINAL COURT
TWELFTH SESSION, HELD OCTOBER 19TH, 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
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OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
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OYER AND TERMINER AND GAOL DELIVERY
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AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT
Held on Monday, October 19th, 1891, and following days.*
BEFORE the RIGHT HON. JOSEPH SAVORY, LORD MAYOR of the City of London; the Hon. Sir ROBERT SAMUEL WEIGHT , Knt., one of the Justices of Her Majesty's High Court of Justice; Sir JAMES CLARKE LAWRENCE , Bart., Sir POLYDORE DE KEYSER , Knt., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., Recorder of the said City; PHINEAS COWAN , Esq., STUART KNILL , Esq., WALTER HENRY WILKIN , Esq., GEORGE FAUDEL PHILLIPS, Esq., HORATIO DAVID DAVIES , Esq., JNO. VOCE MOORE, Esq., ALFRED JAMES NEWTON , Esq., and JAMES THOMSON RITCHIE , 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.
CLARENCE RICHARD HALSE, Esq.
*Also cases removed to this Court under the Order in Council.
CENTRAL CRIMINAL COURT
SAVORY, MAYOR. TWELFTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than ones 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, October 19th, 1891.
Before Mr. Recorder.
764. THOMAS LIDDIARD (29), CHARLES NOLL (23), ALFRED HUTCHINSON (36), and CHARLES HASTIE (35) were indicted for a robbery with violence on Joseph Webb, and stealing £8 14s.; Second Count charged Hutchinson and Hastie with feloniously receiving the same.
JOSEPH WEBB . I am Band-sergeant on board Her Majesty's ship Rodney, which is in dry dock at Chatham—on the night of 2nd September I was in London; I went to the Britannia Theatre, in Hoxton—at the end of the performance I left, and on getting into the street some person came up and spoke to me, and in consequence of what he said I went with him to what I believed to be a public-house, in Central Street, St. Luke's; I have since heard that it is called the Central Club—when I got there I saw the prisoners Liddiard, Noll, and Hastie; they were not together—Noll was sitting on a bench on my left; Liddiard was standing, and Hastie was in a corner—the third man, who took me in, was nearer the bar—they were not very far from each other; the place is very-small—I wanted to get away directly I got in—Liddiard and the third man called for drink; they were all drinking together—I paid for it; the third man generally called for it; Liddiard, Noll, and the third man drank it—Hastie was not in our company at all—afterwards something was said about closing time—I wanted to get out two or three times, but they said, "All right, no hurry yet," so I remained on till closing time—they all left together, but I walked on ahead; I wanted to get a bed—Hastie had left about twenty minutes before—I had got on about one hundred yards when the third man came up, touched me on the shoulder, and said, "Do you accuse me of putting my hand in your pocket?"—I said, "Certainly not; you know who I spoke to, and who I
caught hold of," and I pointed to Noll; but I said, "There's no harm done; I want to get a bed, and I wish you good night"—Noll had put his hand in my left overcoat pocket twice in the house, and I said to him, "Don't keep doing that; if you want to rob me you will have to face me"—the third time he did it I caught hold of his wrist, and said, "If you want anything to drink, or if you want a shilling I will give it you, but don't try to steal"—he said he was not trying to steal—everybody there could hear what was said—I was quite sober—when I left the house I had a £5 note and £3 in gold in an Admiralty envelope in my inside overcoat pocket—I changed a sovereign in the house to pay for the drink; I took it from the envelope, and had fourteen shillings change, which I put in my trousers pocket—after the third man spoke to me I turned round and saw the two prisoners; the third man struck me in the mouth and knocked me down, bleeding—I got up and started to defend myself; I could see clearly that I was among thieves; Noll struck me a sly blow in the mouth and knocked me down again, and Liddiard gave me a kick behind the ear when I was on the ground, and I had a big lump there next day; the third man then said, "Now for his pockets"; one of them was trying ✗ pocket, and he said, "You big fool, it is not there"—the third married all my pockets, and literally turned them out—he took the silver from my trousers pocket, and put his hand in my overcoat pocket and took the money out of that—then one of them said, "Let's finish it, and make a job of it"—I said, "I am going to stick to one of you," and I sang out, "Murder" and "Police"—the police came up directly—I became a little dazed, and was bleeding, and had several punches about the body—I stuck to Liddiard till the police came up—the third man got away, he was the one that knelt on my chest and took the money out of my pocket—I was wearing a hat; this (produced) is it, it has my name inside, it came off in the struggle—I said to the policeman, "I have lost my hat"—Liddiard, or one of them, said it was his hat—I went to the station and gave the prisoners in custody; they were searched, a sixpence and a penny was found on Liddiard, and on Noll two shillings and sixpence in silver and a penny in bronze—the third man who got away had my money.
Cross-examined. Before going to the Britannia I had been walking about, nowhere in particular; I had never been in London before; I had been in one public-house and had a glass of ale, at the bar at the theatre I had two more—when I came out of the theatre I asked a boy the way to a lodging-house, and then the man came up and spoke to me and took me to this club; he was rather a well-spoken man and decently dressed—I paid for drink in the place; they had gin, I had two or three glasses of ale, nothing else—I thought I was going to a club, but I found it was nothing but a den of thieves, and I wanted to get out; I thought by my generosity they might let me swing clear of it—I am quite sure that I had my money about me when I went into the house—I could not swear that Liddiard spoke to me in the house—Noll kept feeling in my pocket, but he did not take my money, because I felt it in my pocket—it was about a quarter-past eleven when I came out of the theatre, and it was a little before two when I came out of the club; I was in there all that time—I asked them several times to let me out; the door was bolted—there was no fighting in the house—it is in rather a narrow street—this
is my hat—I don't know what sort of hat Liddiard was wearing—the men did not treat me; they all drank out of the same mug.
RICHARD FENNIMORE (G 260). At half-past two in the morning of 3rd of September I was on duty in Central Street—I heard shouts of "Murder" and "Police"—I ran in the direction; Brown 316 was on the spot before me—I saw the two prisoners there; Noll was being held by a policeman—the prosecutor was standing there, bleeding from the nose and mouth—Liddiard had a hat in his hand—he dropped it—Brown picked it up—the prosecutor claimed it, and his name was inside—we took the prisoners to the station, where they were charged and searched, and on them a small sum of money was found.
Cross-examined. Brown is not here—Liddiard made no attempt to run away; he went quietly to the station—I did not see any other hat on the ground—this is the sort of hat generally worn by people of this class—the night was dark—this occurred just alongside a lamp—I did not see anything of the stout man who got away.
GUILTY .— Twelve Months' Hard Labour each.
766. HENRY WOODS LUNN (21) , to stealing, whilst employed in the Post Office, a parcel containing property of the Postmaster-General.— Three Years' Penal Servitude. [Pleaded guilty: See original trial image.]
The prosecutors recommended the prisoner to mercy. He received a food character.— Judgment respited.
772. JOHN SMITH (19) PLEADED GUILTY to stealing part of a chain from the person of Joseph Thorpe; and GEORGE JEFFS (17) (indicted with John Smith) to stealing a chain and medal from the person of John Handley. A police officer stated that the prisoners had borne good characters.— One Day's Imprisonment each.
MR. TORR Prosecuted.
HENRY WOODWORTH . I am a porter to Mr. Powell, a manufacturer, of 4, Edmonds Place, Aldersgate Street—on 7th October, at half-past three, I was on the third floor, and I heard a noise—I rushed downstair and saw the prisoner standing on the staircase with a piece of flannel; he is not employed in the warehouse, and had no business there—he did not see me coining; I made no noise coming down—he then took the flannel into the warehouse and put it in the proper place to which it belonged, and from which it had been taken—I don't remember what I said to him—he said, "A big man has run away with this, and I am
taking it back"—he walked to the counter and picked up a pattern of flannels, and said he wanted to buy some capes—I asked his name; he said he was Mr. Hart—we don't sell capes, he did not buy anything—I detained him till Mr. Powell came in, and then he sent me for a policeman—there were fifty-one and a half yards of flannel, value about £2 10s., in the parcel I saw the prisoner with—he had no authority to remove it from its place—no one else was there—I had not heard anyone run downstairs, if anyone had done so I should have heard him.
WILLIAM CUSHING (City 202). I was called to take the prisoner for stealing this flannel—he said he was going up the stairs when he met this big burly man coming downstairs with the roll of flannel, and he threw it at him and ran away—he gave his name at the station as Hermann Jaeger, of 36, Commercial Road; he did not live there—I did not hear him give the name of Hart—I have made inquiries, but cannot find out anything about him.
The prisoner, in his defence, said he went to see Mr. Geissler, who was represented by Mr. Powell, and that a man coming downstairs with the parcel dropped it, and that he (the prisoner) picked it up; and he added that the policeman saw the man run away.
GUILTY .— Six Months' Hard Labour.
NEW COURT.—Monday, October 19th, 1891.
Before Mr. Common Serjeant.
MR. WILKINSON Prosecuted.
ARTHUR POWELL . I am barman at the Bell public-house, Pall Mall—on October 7th, about 3.30 p.m., I served the prisoner with half a pint of ale—he gave me a florin—I put it in my mouth and broke it, and said, "Where did you get this from? "—he said, "In change across the counter"—I said, "I shall have to call the manageress," and went towards the barmaid—he could not hear what I said to her, but he went out quickly—I ran after him, and found him stopped by a policeman—I said that he had tendered a counterfeit florin—he said nothing—I took him to the station—before he left the house I said, "I will take the money for the ale, please?"—he gave me a good shilling, and I gave him 1s. 6d. and fivepence—that was before he ran away—I gave the pieces of coin to the manageress, who gave them to the constable.
Cross-examined by the Prisoner. I saw your back going out very quickly, and I ran out at the other door.
WALTER MARSHALL (C 55). On October 7th, about 3.30, I was in St. James's Square, and saw the prisoner running very fast from the Bell towards me, and Powell following him, calling, "Stop him!"—I closed on him, and Stopped him before Mr. Powell came up—he said, "All right; I will go back"—nothing had been said to him at that time; Mr. Powell then came up, and said he had been passing counterfeit coin, and asked me to take him back to the public-house—the prisoner said nothing; he was taken to the Bell, and then to the station, where I searched him, and found one shilling and sixpence in silver, and eightpence—these two pieces of a florin were handed to me.
Cross-examined. You did not stop ten or twelve yards from me—before any charge was made you said, "All right; I will go back"—I stopped you twenty yards from the Bell.
EMILY YOUNG . I am barmaid at the Crown, Albert Embankment—on 16th September I served the prisoner with a glass of ale; he gave me a half-crown; it looked rather funny and was greasy—I saw it tested in a brass tester on the till, and it broke into four or five pieces—I took it to the manageress, who took it to Mr. Bell, who said to the prisoner, "Did you know it was a bad one?"—he said, "I did not"—Mr. Bell said, "Who do you work for?"—he said, "Nobody"—I asked him his name—he said, "William Wood"—I did not hear him give any address.
JOHN EDWARDS (L 81). On September 16th Mr. Bell called me and said, "The man has tendered a counterfeit half-crown," and showed me the four pieces—I said, "How did you come by it?"—he made no reply—I asked him who he was; he said, "I gave my address to Mr. Bell, and he wrote it on a paper"—Mr. Boll gave me a paper, and said that was the name he received from the prisoner—I have a copy of it here—I searched him, and found 5s. 6d. good silver and some bronze—he was taken to the station and charged; he made no reply—he gave his name, William Daulby, 4, Borough Road—I found that correct—he was taken before a Magistrate next day, and remanded, and discharged, there being only one uttering against him—I produce the four pieces of coin; the inspector took them, and they were handed to the Mint authorities—Mr. bell has left the. public-house, and I cannot find him.
The prisoner's statement before the Magistrate: All I can say is I took them in common exchange; I was not aware they were bad."
He received a good character. GUILTY .—Strongly recommended to mercy by the JURY on account of his youth.— Judgment respited.
775. FREDERICK CLARK (26) and WILLIAM THOMAS SMITH (24) PLEADED GUILTY to stealing a roll of oilcloth in the dwelling-house of James Henderson; also to stealing a barrow, the property of James Milton.— Six Months' Hard Labour each.
NOT GUILTY .
OLD COURT.—Tuesday, October 20th, 1891.
Before Mr. Recorder.
778. JOSEPH TURNER (17) to a burglary in the dwelling-house of Frederick Brown, and stealing 1s.; and to a previous conviction of felony. Three Months' Hard Labour. [Pleaded guilty: See original trial image.]
Labour. [Pleaded guilty: See original trial image.]
(781). FRANK GRAHAM (19) to feloniously breaking and entering the shop of Julius Ulman and stealing three necklaces and a muffineer, and £12.— Two Days' Imprisonment. [Pleaded guilty: See original trial image.]
MR. PIGGOTT Prosecuted.
WALTER COUPLAND . I am a labourer, and live at 21, Elm Park, Brixton Hill—on the night of 22nd September, a little after nine, I saw the prisoner in the Railway Hotel in Altantic Road—he asked me to treat him; I did so—I had a drink of mild and bitter; he had ale—I had three drinks, all beer—I did not notice any other man there—I went out and went towards home; the prisoner followed me—I went into the White Horse; he followed me in and asked me again to treat him—I did not; I had some beer—when I left the prisoner followed me; I crossed the road, and I was then seized by two men—they knocked my hat over a fence, took me by the legs and threw me over the fence, and then jumped upon me and kicked me in the side, and gripped me by the throat—the prisoner was one of the men—I don't remember what occurred afterwards until I saw the prisoner brought back by two gentlemen and a policeman—I lost a sovereign from my left pocket, and half a sovereign, and 5s. in silver from my right pocket, and a five cent, piece—this is the coin.
Cross-examined. I did not pull the coin out of my pocket in the public-house, nor did I see you pick it up; I know the coin by a hole which I made in it with my penknife.
THOMAS GREGORY . I am a builder and live at 30, Fentiman-road, Kennington—on the night of 22nd September I saw the prisoner over a fence at the lower part of Brixton Hill; I heard faint cries of "Police," and I went across and looked over the fence and saw two men kneeling down; one of them was leaning on the prosecutor's head, and the prisoner was stooping over the lower part; the prosecutor was lying on the ground—the man that has got away had him by the throat—I could not see clearly whether the prisoner was hurting the prosecutor; the prisoner ran one way, and the other the other—the prisoner was nearest to me, and I went after him along Brixton Hill; his boot came off, and I saw him limping; he ran round the corner; another witness took up the chase, and stopped him; I was close behind him—I said, "You will have to come back "—he said, "It was a fair fight; what the b----hell do you know about it?"—I took him back, and on our way back a boy said, "Here is a boot," and the prisoner picked it up and put it on—when we got back I saw the prosecutor lying down just over the fence—some one said, "Get an ambulance; the man is dying"—the police attended to him a few minutes, and he came to, and said, "Where is my watch, and where is my money?"—his pockets were turned inside out—the prisoner said to him, "Hullo, Walter; you are all right, are you not?"—the policeman said to the prosecutor, "Do you know this man?"—he said, "Yes; he has got my money"—the prisoner said, Somebody threw my hat over, and I got over for it"—the prosecutor had been drinking.
HENRY JAMES BRAND . I am a paperhanger, at 333, Lyam Road, Brixton—on the night of the 22nd of September, about twenty minutes to eleven, I heard faint cries of "Police"; I stood for a moment, and saw the last witness going across the road towards the fence—I followed him—I saw two men, the prisoner being one of them, jump over the fence into the lane—I gave chase, and caught him about two hundred yards off—he had his waistcoat on, but no jacket—he asked me what I wanted—I told him he would have to go to the station—with the aid of the last witness I took him back to where the prosecutor was lying.
CHRISTOPHER ANGEL (W 584). On the night of the 22nd September, about a quarter to eleven, I was on duty on Brixton Hill—I saw a crowd, and found the prisoner detained by the two last witnesses—I looked over the fence, and saw the prosecutor lying on his back in the field; his trousers pockets were turned inside out—he was in a dazed condition—when he came to he looked round and saw the prisoner—he said, "He and another threw me over the fence, and took my watch and money "—I said, "Do you wish to charge him?"—he said, "Yes"—the prisoner said, "I got over the fence to look for this man's hat; I am not afraid to go to the station"—I took him to the station, searched him, and found on him a half-sovereign and ninepence-halfpenny in bronze, and this small silver coin; the prisoner said it was a threepenny-piece, but I found it was a five cent, piece, and the prosecutor immediately identified it as his—the prisoner was perfectly sober; the prosecutor was under the influence of drink—I could not see any bruises about him; he did not complain, or want medical assistance—the prisoner made no reply to the charge.
The prisoner, in his defence, alleged that he had been drinking with the prosecutor and others; that the prosecutor lost his hat, and insisted on having the prisoner's hat; that a quarrel ensued, and when the police came up he thought it best to get away.
DAVID JENKINS . I am a coal porter, but have lately been acting as a potman—on Tuesday, 22nd September, I was in the Railway Tavern about six o'clock—I saw the prisoner there; I left about half-past eight, leaving the prisoner there—I saw him with a coin—I did not see what it was; I did not see him pick it up.
GUILTY — Nine Months' Hard Labour
MR. ALLEYNE Prosecuted.
ALICE DOLTRY . I am maid-servant to Mr. Hart, of Queen's Road, South Hornsey—on 15th September I fastened up the premises previous to going to bed; I pulled down the blind in the front parlour, but did not latch the window—the flower-box was in the usual place on the window-sill, and all the things were safe in my master's room—I went to bed between ten and half-past—I came down next morning at half-past seven—when I came down next morning the blind was up, and the box was taken away from the window, and was on the ground outside—this clock and certain articles which had been there the night before were missing—some of the articles have since been shown to me by the police, and I have identified them—the value of them is about £6—my master's
brother called in the police—on the morning of 12th September the prisoner called, and said, "Your window has been left open all night," and he said that he and the policeman shut it at half-past four—it had not been left open, but was fastened on that night—he then left—I had not seen him before that—after he had left on that occasion I missed a hairbrush that had been on the window-sill.
Cross-examined by the Prisoner. I did not pick you out from others—I saw you in Court, and knew you.
THOMAS FIELD . I am manager to Mr. Bowman, a pawnbroker, of 292, Holloway Road—I produce a table-cover and five silver teaspoons, which were offered in pledge about half-past eight on the morning of 16th September by Stratton—I did not take them, but detained them, and gave information to the police—the articles have since been identified by Mr. Hart and Alice Doltry.
JOHN HITCHCOCK . I am assistant to George Fish, pawnbroker, of 46, Hornsey Road—this pair of sugar tones, butter knife, and two saltspoons wore pledged with us on 18th September in the name of Ann Martin—I do not know who she is.
ALICE STRATTON . I am a single woman and a general servant—I used to live at 10, Brand Street, Hornsey Road, with the prisoner—on the morning of 16th September he went out about four o'clock, saying he was going to Queen's Road, and he came back about six with a parcel in his hand—he said, "I have brought the things here "—I said, "Where did you get them from?"—he said, "I got them from Queen's Road"—I said, "Won't you get in trouble for bringing these things?" and he said, "No; that will be all right"—he said, "Be quick and have your breakfast; I want you to go out for me"—he said he wanted me to pawn there things which he had brought in—I did so—I went with the clock to the pawnbroker's near the Holloway Road, and with other things to Mr. Field's, William Morley's, and John Hitchcock's.
Cross-examined. I said at the Police-court that you went out between five and six, and returned at six; I have said now you went out at four and returned at six because it is as near as I can guess—we reached home at about two o'clock on the mornings of the 16th.
SUSAN JEFFREYS . I am the wife of John Jeffreys, a musical instrument manufacturer, of 309, Goswell Road—about the middle of last month the prisoner brought in a metronome, and offered it to me for sale, and wanted to know the value of it—I declined to buy it—as he left the shop there was a woman outside; I do not know who she was—some days afterwards the detectives came to me.
Cross-examined. You told me you had this instrument to sell for another party, who wanted 3s. 6d. for it, but you wanted to make a bit for yourself—the police came to me before I identified you—I dictated this statement to the officer—they said they had you in custody, and I told them what I knew about it—I saw you before I signed it; I could not say whether you came to me before or after the 16th—the constable did not tell me what man to identify—I identified you at Newgate; I don't think he made any remark.
I went, in consequence of information, to a room at 10, Brand Street, where the prisoner had lived—there I found a white table-cloth and two knives, and a piece of wire fixed in a wooden handle—the tablecloth and knives have been identified as the property of John Thomas Hart—I was present when Mrs. Jeffreys identified the prisoner as the man who offered the metronome for sale—she had no difficulty in picking him out—I arrested Alice Stratton, but she Was afterwards discharged at the Police-court—the prisoner gave the address at 10, Brand Street, when he was charged.
ALICE STRATTON (Re-examined by the Prisoner). We took this room on the 14th—on the night of the 15th I went with you round Queensland Road—on the morning of the 18th I went out, leaving you in bed; you had not been out that morning—I could not exactly tell the day of the month.
By the COURT. The day I went out leaving him in bed was not the day that he had been out and come back.
The prisoner, in his defence, said that Stratton had brought the things home, and that he never saw them till they were in Court.
Three Years' Penal Servitude.
NEW COURT.—Tuesday, October 20th, 1891.
Before Mr. Common Serjeant.
785. HENRY WRIGHT** (67) , To four indictments to forging uttering and cheques for £57, £22 10s., £19, and £34 15s., after a conviction of forgery at this Court in March, 1890, in the name of James Henry Norman; also to three indictments for obtaining £1 13s., £1 1s., 5s., and a jewel-case, by false pretences.— Three Years' Penal Servitude. [Pleaded guilty: See original trial image.]
(787). FRANCIS ELWOOD** (57) , To forging and uttering an order for £5; also another order for £5, with intent to defraud, having been convicted of felonious uttering on May 19th, 1890. Seven previous convictions of forgery were proved against him.— Three Years' Penal Servitude. [Pleaded guilty: See original trial image.]
MR. ROACH Prosecuted, and MR. GEOGHEGAN Defended.
MARGARET WAGSTAFF . I am assistant to my brother, who is in the refreshment department at Whitehall—on December 12th I took an omnibus to the Bank, going east—I got inside, and sat on the left side, second from the door; there was a lady between me and the door—there were four persons on each side—the prisoner sat next me on my right, third from the door—he got indirectly after me—I paid my fare, and. put my purse in my right pocket—his
companion was next to him, and they kept pushing me about—as one moved the other moved—I afterwards put my hand in my pocket, and my purse was there, but when I got to the middle of Houndsditch they got out, and I felt in my pocket and it was gone—I told the conductor, who went after the prisoner—my purse had 11s. 6d. in silver in it—this is it (produced).
Cross-examined. There was a ring in the purse that was not mine—I carried my handkerchief and keys in the same pocket—my pocket opens a little sometimes when I sit down—the roads were all up, but they were not rather stony—the omnibus did not rock to and fro.
Re-examined. I looked round directly I missed it, and it was not in the omnibus—there was no straw at the bottom.
GEORGE RICHARD STAMP . I am an omnibus conductor—on September 1st I was on the omnibus which passed the Bank about 4.45 p.m., and saw the prosecutrix get in, the prisoner and another young man get on top, but two or three minutes afterwards they came down and got inside, and the prisoner sat next the prosecutrix—I saw the prisoner pushing about—they got out at St. Mary Axe, one after the other—they appeared to be together—the prosecutrix made a communication to me, and I took the prisoner—he said, "What do you want?"—I said, "A lady wants you in the 'bus," and took him there—he said, "It was not me, my work mate did it"—I detained him.
Cross-examined. There were two people on the left side and three on the off side; it would be wrong to say that there were four on each side—they got hitching up towards the lady—the prisoner had got two dozen yards when I stopped him—he said, "My workmate might do it, it was not me"—I did not see the prisoner pass anything to anyone—I believe he gave a correct address.
WILLIAM PLACE (952 City). I took the prisoner; he said he did not steal the purse; I know the Other man as an old shopmate—I took him to the station, and found on him 7s. 4Jd in a purse—he had this ring on his finger.
Cross-examined. He gave his correct address in Brick Lane—he said, "I did not steal the purse"—I found a small pipe on him.
The prisoner's statement before the Magistrate: "I don't know anything about the purse."
NOT GUILTY .
OLD COURT.—Wednesday, October 21st, 1891.
Before Mr. Justice Wright.
ARTHUR BRINSON . I am a firewood-cutter, and live in Kentish Town—on the night of 7th September, between nine and ten, I was returning from Barnet Fair with my wife in a little gig—we had got past the Swan at Finchley—about that spot I saw two brakes being driven in the same direction as I was going—two brakes passed me—the prisoner was driving a third brake, with four horses; it passed me on the near side—I was driving in the centre of the road—the third brake was trying to pass between me and the second brake, and came into collision with my
trap, striking on the wheel, causing the shafts to break; my wife was thrown out; I remained at the bottom of the gig—there was no room for the prisoner's brake to pass between me and the other brake—I had gone a little distance alongside the second brake—the second brake had cleared me, and the third one came behind—my wife was thrown on the road; she was carried to the station, and died the same night—I was breaking into a walking pace at the time.
Cross-examined. I had been to Barnet Fair—I don't know where the brakes had been—it was a dark night—there was a lamp in the road opposite where the accident happened—I had no lights on my trap—I saw the brakes at the Swan at Whetstone.—I saw Mr. Edmunds there, and shook hands with him, and bade him good-night; he was on one of the brakes—I started before the brakes; I knew they were following—the Great North Road is a very wide one—I should say there was room for three vehicles to pass—I was driving in the middle of the road, and walking—I knew the pony well; I had only driven it once before; I have ridden behind it many times—it was not mine, it belonged to a friend—two of the brakes bad passed me—the prisoner's brake was not the fourth, to the best of my belief it was the third; I would not swear it—the second brake had cleared me; the prisoner was trying to pass between me and the brake.
Re-examined. I did not see what happened with the brake that came into collision with me; he did not stop—my trap was struck on the near side wheel—all the spokes were scratched—I dont know what part of the brake struck me.
ERNEST EDMUNDS . I am a milkman, and live in Dickenson Street, Kentish Town—I was a passenger on the brake driven by the prisoner—there were about thirty persons on the brake—there were two brakes in front after leaving the Swan at Finchley—I saw the pony and gig with Brinson and his wife in it—the brake in front of us went past it on the near side—the gig was more to the off side of the road—I was sitting on a seat behind the driver, on the right, facing the way we were going—I saw the brake catch the trap—the prisoner was trying to pass the brake in front—when he caught the trap he pulled in again—the front wheel of our brake ran into the wheel of the trap; the shafts seemed to break entirely away and the trap went up—we did not stop, we never came to a standstill—somebody in the brake remarked, "Drive on," and we did drive on.
Cross-examined. It was the off-wheel of the brake that struck the trap—we were more to the near side of the road—I was sober—I had had a glass or two before I started—I was only jolly—I have said I was half intoxicated when I started in the morning—I had to lie down on the grass all the afternoon—I was perfectly sober when I came home—I remember stopping at the Swan—I had a drink there—I had a girl half on my knee on the brake—there were two persons by the driver, one on each side—I did not notice any lamps on the brake.
WILLIAM ROBSON . I was on the prisoner's brake, on a back seat just behind the driver—I saw the trap—as we went to get in front of the brake in front of us we caught the wheel of the trap—I saw the trap go up and the two people were thrown—as our driver was going to pull up a voice on the brake halloaed out "Drive on," and we went on.
Cross-examined. I am a friend of Edmunds—we live in the same
house; I was sitting next him—I did not hear, anyone tell the driver to stop—somebody said "Drive on" or "Ride on"—the trap was not in the middle of the road—we were going pretty fast—I could not say whether there were any lamps on the brake.
Re-examined. I felt a shock from the collision.
WILLIAM SNELL (S 440). About 11 on the night of 7th September I was on duty in the Great North Road; I saw several persons stooping round a woman on the ground—with the assistance of Brinson I took her to the station; she died the same night—the road there is 29 feet wide.
JAMES SANCTUARY (Inspector S). On 9th September at 9 in the morning I saw the prisoner at Finchley Police-station—I told him he would be charged with the manslaughter of Esther Brinson by reckless driving on the 7th September; he made no reply.
Cross-examined. I have made inquiries about him—he holds a double licence as conductor and driver—he is a respectable man.
WYNNE WESTCOTT , M.D. I am Deputy-Coroner for West Middlesex—the prisoner was examined as a witness before me at an inquest on Esther Brinson on 10th September, after being cautioned—I produce his statement which I took down. (Read: "I reside at 5, Flowers Mews, Archway Road, London. I am a coachman, employed by Harry Pope, of 5, Archway Road. I have held a coachman's licence since 1886. On 7th September I was driving a four horse brake from the Swan Tavern towards London. I had about thirty passengers. I was in a procession of brakes; I was the fourth as we went along—it was very dark; all the brakes were on the near side of the road. I was fifteen yards behind the brake in front of me; I saw this gig in front of me; it was in the middle of the road; the horse and gig stopped, and then ran back on to my off-side front wheel. I pulled up my horses as quickly as I could; I undid my safety brake, and was about to put my reins on the footboard of the brake to get down, but then my passengers shouted out to me, 'Go on;' I looked to see if there was anything wrong; I did not, and so I followed on in the fourth place as before.")
Witnesses for the Defence.
WILLIAM GEORGE PRICE . I was one of the party that went to St. Albans on the day in question—coming home I sat on the near side of the prisoner—I am a teetotaler—the brakes were following each other—we kept on the near side all the way—we were the fourth brake—there was no attempt to pass any other brake—I saw the pony and trap—the third brake passed it on the off side, and then the pony backed into our brake—I can't tell what part of the brake came in contact with the trap—I think it was the hinder part—we were going slowly, between five and six miles an hour—I did not know that any harm had been done—the pony trap was, I reckon, more to the off side of the road than the middle—there were two rows of persons sitting behind me, and a number of others sitting facing each other—the brake had lights in front, one. on each side below the driver—when the brake rushed into the trap
the driver went on about fifteen yards, and there was an alarm—we went on at the same pace—no one told the driver to stop.
Cross-examined. I did not think that anything had happened to the trap; I saw it back into the brake; I thought it had only just caught, and moved at once—I did not feel any shock—the prisoner was going to get down, when someone behind him said, "Go on "—he had actually stopped—the brake in front of us went past the trap—the pony was on the off side when this occurred—I could not say whether the driver pulled the reins tight, or whether the pony jibbed; it was going nearly on the jig jog—I did not see anything to make him pull up or so back.
ALBERT RICE . I am a licensed driver at Newtown—I was driving the third brake, the prisoner was driving the fourth—there was no racing on the way home, or trying to pass each other—I remember passing the pony trap, it had no lamps; I passed it on the near side; I holloaed out "Hi, hi," two or three times to the man in passing, because he was wandering all over the road; I passed him on the near side to save an accident—he did not answer; there was nothing to prevent his being on the near side—we were not going more than five or six miles an hour, we were both loaded with passengers—after we had passed somebody called out—I stopped, and was going to get down to see what was the matter—I stood up and looked round, I could see nothing behind me; I heard some one call, "All right, go on," and I did—it was a very dark night—we kept in the same order right through.
Cross-examined. I do not know on which side the brake passed the trap; you could not see above twenty or thirty yards ahead—when I called out the man pulled further on the off side; I pulled on the near side, on to the pathway.
MARTIN SHEEN . I was a passenger on the third brake; the prisoner was driving the one behind, the fourth—there was no racing—my attention was called to the pony trap by his running all over the road—it was free between the middle and the right-hand side—when I passed the trap the fourth brake was close behind me, I could almost touch his horses' heads from where I was sitting; that was so all the way there and back—I saw the pony and the man with the reins, and the pony deliberately ran straight back; the man tried to whip him up; it caught the fourth brake, either the front or hind wheel—it was a dark night—I heard somebody call out, "Whoa!" and after that several voices called out, "All right!" and we then proceeded on our way—I could not say whether the trap had been upset—I knew there had been a collision; if it had been broken I should have got out.
Cross-examined. I saw the pony turn off, that was all—I did not see the trap turn over—I saw the pony run straight back into collision with the fourth brake.
NOT GUILTY .
MESSRS. C.F. GILL and A. GILL Prosecuted, and MR. HUTTON Defended.
CAROLINE KLEIN . I live at 39, Robert Street, Hampstead Road—my husband, Frederick Klein, was a German, he was a cabinet-maker, and was 50 years of age—on the night of 19th September I was with him returning from my sister's at Clerkenwell—at Farringdon Street Station we got into a third-class carriage to go to Gower Street, the
carriage was pretty full; I sat down on the same side as my husband—just as the train was starting the prisoner and some other men got in; there was not room for them all—the prisoner was dressed very smartly, with a tall hat and an umbrella—he said, "I am a first-class passenger"—I said, "It's a pity you did not take a first-class ticket"—when we started he called my husband a b----and all manner of names—my husband said, "If you use such an expression as that again I would smash you like that," striking his own hand—at Gower Street we got out, and as we were about to cross Euston. Road, the prisoner and others came up; one of his friends said to my husband, "Are you going to b----well fight?"—the prisoner immediately came up and said, "Take that, you b----German bastard," and he up with his umbrella and struck my husband with it in the eye with all his force; he gave the blow over his friend's shoulder—my husband said, "Oh, Carrie, my eye is gone, I am ruined for life "—I caught hold of the man who had challenged him to fight, by the neck; a constable brought the prisoner back, and we went to the station—my husband was in great pain, his eye bled, a doctor was sent for; we Went home, and on the 21st he was taken to the hospital; he gradually grew worse, and died on the 29th.
Cross-examined. The obscene expressions in the train were used by the prisoner and his companions, they assisted each other, but the word was said to me—I could not say how many followed us from Gower Street, three or four, when the man asked my husband to fight he did nothing to endeavour to protect himself, he had not a chance, he did not put up his hand or make any motion—I saw the umbrella come over the other man's shoulder—I saw the prisoner's face—I don't remember my husband being able to say anything—we were just going to cross, and the man stopped him full, my husband stopped immediately—I was very nervous when it happened—I did not know they were following us.
HARRY CALE . I live at the bamboo works, 122, Cleveland Street—on the night of 19th September I saw the prisoner and another man close to Gower Street Station—I also saw the deceased and his wife close to the side of the prisoner—the row was not caused by him, but by one of his friends, who asked the deceased if he wanted to b----well fight, and before he could get a word out the prisoner drew his umbrella from his left side and struck over his friend's shoulder, and said, "Go away, you b----German bastard"—it was a thrust—I saw blood come from the man's eye immediately after—the prisoner went into the Euston Road under the shade of the trees—I saw the changing of hats with the people in the road, I don't know if it was one of his friends—I pointed the prisoner out to a constable, and he ran, and ran into a drunken man's arms.
Cross-examined. I was about two yards away when I first saw them; I was standing close by; there were a number of people round the prosecutor—I did not hear him say anything; he was standing still—he did not make any motion as if to strike—the others were standing round; they were not threatening him; they said nothing.
FREDERICK CALE . I was with my brother—I did not see the blow struck—my brother pointed out the prisoner to me, and I went and called him a coward—he said, "You never saw what was done in the train. "
20th September my attention was attracted to something going on close to Gower Street Station—I went up, and saw the deceased bleeding from a wound in the eye—he made a statement to me, in consequence of which I went after the prisoner; he was running away in Euston Road—I caught him, and brought him back, and told him he was accused of striking the man in the eye; he made no answer—he was dressed in a very fashionable style, with a high hat and very nice clothes, with an Inverness cape across his arm, and an umbrella—I took him to the station—he gave the name of Paul Foby, but refused his address and occupation—this is the umbrella.
Cross-examined. Mrs. Klein was holding another man when I came up; there was no struggle going on—she said at first he was the man.
WILLIAM SMITH (Inspector D). I was at the station when the prisoner was brought in; I entered the charge for assaulting the deceased, by striking him in the eye with an umbrella—he replied, "Yes, I did strike him"—he gave the name of Paul Fob, but declined his address or occupation.
EDWARD CULLEN (Sergeant D 36). On 20th September, about four p.m., a man named William Brown, of 31, Tenter Street, Spitalfields, presented himself as bail for the prisoner—the prisoner gave the name of Paul Foby.
GERALD MANSFIELD . I am resident medical officer of the London Temperance Hospital—the deceased was admitted there on 21st September, suffering from a wound in the upper part of the left eye; it had been stitched up—he got worse, and died on the 29th—I made a post mortem—there was penetration of the roof of the orbit, large enough to admit the point of an umbrella—the cause of death was inflammation and softening of the brain, due to the wound—fragments of bone were splintered towards the brain—it must have required a fair amount of force to inflict the wound; the skull is rather thin there.
JOHN KAYNE (Sergeant D). I arrested the prisoner on 29th September at the Thames Police-court, after his committal on another charge—he was charged with assaulting and beating the deceased—he made no reply—he was taken to Tottenham Court Road station—I then heard the man was dead, and I told the prisoner he would be charged with causing his death—he described himself as a general dealer, of 66, Westmoreland Place, City Road.
He was also charged with committing wilful damage by breaking a window with a sticky and found Guilty. — Twelve Months' Hard Labour on the first conviction , and One Day's Imprisonment on the second.
LOTTIE JONES . I am an unfortunate—I live at 79, Pennington Street, St. Giles's—I have known the prisoner for the last three years—I have not lived with him—I have lived in the same house—on 19th September I went into the Swedish Flag public-house several times" in the evening—the prisoner was there—I had had two or three glasses of ale—I was not very much the worse for drink, I might have been a little—I left when the house closed at twelve, and went home—I don't know whether the prisoner was home—I remember nothing after I got home.
JOHN MULLER . I am manager of the Swedish Flag—I know the prosecutrix and prisoner as coming there—on the night of 19th September the prosecutrix was in the house three or four times, the last time was about a quarter to twelve—the prisoner was there from about eight upwards—the last time the prosecutrix came in the mistress refused to serve her, and told her she had had sufficient—previous to that, about ten, the prisoner asked her why she was spending her money with those who would give her nothing when she wanted it—she told him to mind his own business—at closing time they left together, he went first and she followed, and he turned his head and said, "I will give you something when I get you home"
JOHN MILLER . I live at 79, Pennington Street, St. George's—the prisoner and the prosecutrix lived in the same house—on 17th September I saw the prisoner come in about one, and prosecutrix came in about half an hour after—I heard her go up to her own room, the second floor front—I did not see which room the prisoner went to—about five minntes after she had gone up, the prisoner came down, and said, "Will you go up and see?"—he then passed out into the street—I went up into Jones' room, and saw her lying in a pool of blood on the floor—I fetched the police—this chopper (produced) is mine—about four that afternoon the prisoner had chopped some coke for me with it—the wooden handle was then on it.
ROSE MCCARTHY . I am the wife of John McCarthy, of 1, Breeze Hill, St. George's; that is next to 79, Pennington Street—I know the prisoner and prosecutrix; I have often heard *****them quarrelling—on 19th Septemtember, between a quarter to one and one, I saw her come home; she was not sober; she bid us good-night at the corner—about five minutes after she had gone in I heard screaming and a crash, and the prisoner came running down the steps; he put his foot on one step, and turned back to the house—he said something in his own language, and ran up the street—I went in and saw Jones sitting in a chair upstairs—the police were then there.
SARAH ANGELO . I live at 1, Breeze Hill—on 20th September, about half-past one, the prisoner fetched me, and I went up to Lottie Jones' room—I found this chopper by the washstand, and the handle by the fire place; there was blood on the blade—I handed it to the police.
WILLIAM FLUISTER (H 373). I was called to the house early in the morning, and in the second floor front room I found the prosecutrix lying on the ground in a pool of blood; she was in a semi-conscious state—I bathed her head; she rallied, and I assisted her to the Police-station—Angelo afterwards handed me this chopper; there was blood on the head of it.
HERBERT REYNOLDS (H 291). At one in the morning of 20th September the prisoner came to Leman Street Station, and said, "I wish to give myself into custody for murdering a woman in St. George's; I don't know whether she is dead or not"—the inspector took charge of him.
WILLIAM CORSBY (Inspector H). I was at the Leman Street Station when the prisoner gave himself up—he said he wished to make a statement—I took it down, and he signed it. (Read: "I am going to give myself up to-night. I hit some woman, and very likely killed her, at 79, Pennington Street; I shall not say any more. ")—the prosecutrix also made this statement in the prisoner's presence: "I cannot account for
the injuries I received, but I suppose it was caused by some man who wanted me to go home with him, and I refused because he had no money. I know the man by sight; he is a tall fellow. I left home at ten, and I believe I stayed there till the house closed; I had several glasses of mild-and-bitter."
PERCY JOHN CLARK . I am assistant divisional surgeon of police—on 20th September I examined Lottie Jones at the police-station—I found her suffering from three contused wounds at the back of the head, two on the left side and one on the right, and one incised wound of the right eye down to the bone—they were all serious wounds—considerable violence must have been used to inflict them; they might have been caused by the head of this chopper—I saw it at the Police-court there were bloodstains on it.
The Prisoner, in his statement before the Magistrate, and in his defence, said that he teas drinking with four or five men in the public-house, and then sat down, and remembered nothing else till he was in the Police-station.
GUILTY on Second Count. — Eighteen Months' Hard Labour.
NEW COURT.—Wednesday, October 21st 1891.
Before Mr. Recorder.
793. FRANK HENRY BURTENSHAW (16) PLEADED GUILTY to three indictments for stealing postal orders for the payment of 15s., £1, and £1; also to three indictments for forging and uttering the same.— Six Months' Hard Labour.
795. CHARLES GREIT BURTON (29) , to two indictments for forging and uttering cheques for £2 15s. and £3 10s., with intent to defraud. [Pleaded guilty: See original trial image.] Recommended to mercy by the Prosecutor. — Three Days Imprisonment.
796. FREDERICK ALBERT STONIER (37) , to two indictments for forging and uttering cheques for £80 and £25, with intent to defraud.— Nine Months' Hard Labour. [Pleaded guilty: See original trial image.]
797. MARY GWENDOLINE SMITH (16) , to unlawfully attempting to obtain £8 by false pretences; also to stealing a cheque from Kate Reece, her mistress.— Six Months' Hard Labour. [Pleaded guilty: See original trial image.]
798. JOHN MAYCOCK (24) and THOMAS GRICE (22) , to burglary in the dwelling-house of Matilda Milligan, and stealing a cup and other articles, her property.— Twelve Months' Hard Labour each. [Pleaded guilty: See original trial image.] And
MESSRS. BESLEY and C. F. GILL Prosecuted.
CHARLES COOK . I am fifteen years old, and have been three months at Mr. Wheatley's home, Brook Street, Holborn—I was employed as a crossing-sweeper in the Strand in September—I have known the prisoner's younger brother about three years, and knew the prisoner by sight about the same time; but my intimate friend was his brother—on 24th September, about 8.30 p.m., I was with a companion about my own age in Shoe Lane, and met the prisoner—he said, "I hear you are on the letters; if you get anything, I will change it for you; I will see you in the morning"—I was sweeping in Shaftesbury Avenue next morning, and I and the boy with me went into a doorway next door to the Portugal public-house, Meet Street—I stayed outside, and my companion went in—when he came out I went into the doorway, about 9.10 p.m., and saw that my companion had nearly wrenched off the top of the letter-box; I wrenched it right off, and took out about two dozen letters, and left the rest there—we then went down Bouverie Street opposite, examined the letters, and took out of them this cheque for £58 14s. 6d. on a Charing Cross Bank, drawn by Mr. Tayler—there were no blots on it then—the prisoner came to me next morning in Shaftesbury Avenue and said, "How are you getting on?"—I told him I had a cheque, and gave it him from my pocket folded up, but not in an envelope—he did not open it; he put it in his pocket, and said he would be back at 3.30—he gave me a penny, and said, "That is all the change I have got now"—the cheque was not blotted then—I next heard that he was in custody.
Cross-examined by the Prisoner. I was at Sloper's in Shoe Lane trying to get letters out of the letter-boxes—I had seen you before round Broad Street—you did not say to mo, "You will get yourself into trouble;" or that you had been watching me—I was sent to Mr. Wheatley's for sleeping out, and I came as a witness because the boy who was with me told a boy at Mr. Wheatley's—I did not say that when you got the money I should have a share.
Re-examined. His brother showed me a newspaper—I can read writing—I did not give this letter (produced) to the prisoner—I tore up the envelope in Bouverie Street; there was a bill with it, which I tore up—I went to Messrs. Mullens' offices, but I did not know they were solicitors to the Bankers' Association—I made a perfectly voluntary statement to the detective.
ALFRED JOSEPH NOTTINGHAM . I am ledger-keeper to Mr. Carpenter, of the Charing Cross Bank—this cheque for £58 14s. 6d. is drawn by Mr. Carpenter, on the Consolidated Bank, in favour of C. Tayler and Co., of Fleet Street, and sent to them by post on September 24th, in an envelope, with the account—I posted it—I went next day to the Charing Cross branch of the Consolidated Bank and saw the prisoner—I did not know him before—I found he had presented the cheque, and having received information I took him to Mr. Tayler—he said on the way that a man dressed in light clothes had given it to him to take to the bank, and as we passed the Windsor public-house he wished to go in and see the man—we went in with a constable, but no one was there—I then took him to Mr. Taylor's, and Mr. Atkins gave him in charge.
SAMUEL DRIVER . I am employed by James Henry Atkins, an advertisement agent, of 154, Fleet Street, carrying on business as Tayler and Co.—we have a box at the street door, and I found the lid of it taken
away on the morning of the 25th, and took out the letters which were left—we knew that Mr. Carpenter was going to send a cheque; we had had cheques from him before, which were always crossed—this cheque is Mr. Carpenter's writing; there are signs of an erasure of the crossing.
JAMES HENRY ATKINS . I trade as Charles Tayler and Co., advertisement agents, 154, Fleet Street—I do not know the prisoner—this is not my endorsement to this cheque; it never came to my hands—this letter, purporting to be by the payee of the cheque, is not mine.
Cross-examined. There is the name of the firm on the back of the cheque, but it is signed Taylor instead of Tayler.
HERBERT MURRAY TULLOCH . I am cashier at the Consolidated Bank, Charing Cross—on September 25th, about 3.40, the prisoner brought this envelope, not fastened, and I took out a letter and a cheque, which had been stopped that morning—I asked him to wait a minute or two, and went to Mr. Carpenter—I took no steps to prevent his going away, but he did not see me go—I went out of the side door—I came back in ten minutes or a quarter of an hour with Mr. Nottingham, and said to the prisoner, "You must come and see Mr. Tayler at his office"—we retained the envelope; this is the letter:—"Sir,—Please excuse ink on cheque; while being endorsed the ink was on the pad.—C. Taylor. "There are traces of the erasure of the crossing.
BENJAMIN MARTIN (City Policeman.) On 28th September I was sent for to 154, Fleet Street, and saw Mr. Atkins and the prisoner—I asked the prisoner how he came in possession of the cheque; he said he was standing at the corner of Agar Street, and was going to see his mother, when a man, dressed in light clothes, asked him to take it to the bank and wait for an answer—I took him to the station, and in answer to the charge he said, "I am innocent; the cheque was given to me by a man dressed in light clothes; his name is Taylor, and he keeps a shop at 24, Queen Victoria Street"—I went with Palmer to the prisoner's lodging in New Union Street, Tottenham Court Road—Palmer brought some clothes away, and these two bills were in the pockets.
WILLIAM PALMER (City Detective). I met the prisoner in Martin's custody, going to the station—I afterwards went to 24, Queen Victoria Street; goods are sold there by auction—I found no one there answering to the name of Taylor—I brought away some clothes from the lodging, and these two bills were with them—he was dressed in the clothes he has on now, and a new overcoat and underclothing and new solitaires and a new watch and chain.
Cross-examined. I have seen the lad Cook at Mr. Wheatley's homo, and said, "I am a police officer; lam making inquiries about letter-stealing from Fleet Street; you have made a statement in this building"—he said, "Quite correct," and said that you met him in Shoe Lane on Thursday night, and said, "You are getting letters," and he said, "Yes," and you said, "If you get anything bring them to me. "
JOHN PARKINS . I am a tailor of Brixton—on September 21st I owed Dodson and Co., of 75, Fore Street, £20—I drew a cheque for £20, crossed it and enclosed it in a letter addressed to them, with a note asking for a receipt, but no bill—it was quite clean; there were no blots on it—I gave it to my porter, Achwell, to post.
received a letter from him addressed to Messrs. Dodson, of Fore Street; I posted it.
FREDERICK WILLIAM DODSON . I am a woollen merchant, of 74 and 75, Fore Street; Mr. Parkins is a customer of mine, and owed me £20 in September—this is not my endorsement to this cheque, nor that of any member of my firm, nor is it written by my authority—it did not come to me by post; this letter, signed F. W. Dobson, is not my writing nor that of any member of my firm—Mr. Parkins made inquiries because I did not send a receipt; I had no knowledge that the cheque had been stolen.
Cross-examined. There is only one employe in our firm, and I know his writing.
HAROLD AUGUSTE SAUZE . I am a cashier at the Brixton branch of the London and County Bank—on 22nd September, about 3.45 p.m., the prisoner, to the best of my belief, brought this cheque for £20 in an envelope—I paid it in gold—these blots were on it, and I could not see the crossing—I can see it now, but it was not so plain when it was presented.
Cross-examined. On 2nd October, Mr. Palmer told me to go to the Mansion House to identify the person who presented the cheque—somebody said that when I saw the man I was to touch him on the shoulder; but I did not touch anybody, because I did not feel justified—I was at the back of the court when you were put in the dock—I thought it was you when I saw you downstairs; but I could not seize on any feature, you were very pale and differently dressed—from the court Mr. Palmer and I went to the solicitors, and the cage was put in their hands—Mr. Palmer had an overcoat over his arm—he asked me how you were dressed, and I said in a blue coat and billycock hat—I could not recognise the coat Mr. Palmer had got—the Magistrate asked how you were dressed, and I said in a blue coat; he asked whether it was new or old—I said I could not say—I cannot remember whether the gas was alight in the Mansion House.
Re-examined. The men were in a line under the court at the Mansion House; it was very dark. The prisoner was very pale, and differently dressed, and I could not positively identify him, but I could see that he had on different clothes; when I heard him speak, that gave me a feeling that he was the person—I do not say positively now, but I believe he is the man—the letter said: "Sir,—Please excuse ink on the cheque; while being endorsed the ink was on the blotting pad this morning. Yours truly, Wm. Dodson. "I returned the letter.
Cross-examined. I told you, on October 2nd, to place yourself where you liked, and you stood against the wall. I said, "Point to the man you know, if you see anybody there you know"; nobody touched you on your shoulder—after that I asked for a remand, which was granted—Mr. Sauze left the court with me on October 2nd, and we went to Lombard Street—I had not got the coat on my arm when I left; Martin had it—I carried nothing—we did not have the parcel on October 2nd.
Re-examined. The prisoner cross-examined me on 2nd October in Mr.
Sauze's presence, who heard his voice—this was a new coat; he was wearing it when he was taken—he asked for it, and I refused to give it to him—he asked the Magistrate to make an order for it to be given up, and he refused.
The prisoner handed a written defend to the JURY, with the notes he had taken during the trial, and asked them to compare it with the letter; he denied ever being at Brixton in his life.
GUILTY of the uttering. ** There was another indictment against him.— Seven Years' Penal Servitude.
MR. SANDS Prosecuted, and MR. OVEREND Defended. FREDERICK MORGAN. I am assistant to Simpkin and Marshall, booksellers, of 317, Strand—on September 9 I was in Salisbury Court, Fleet Street, about 7.50 a. m.—I had been to the Barley Mow public-house with the prosecutor; I saw the prisoner there; he was sober, but the prosecutor was intoxicated—I saw them come out, and followed them to the front of St. Bride's Church—they hailed a cab; the prosecutor got in and the prisoner after him—they stopped in it about three minutes; it was standing still—the prisoner got out first and the gentleman after him—I could not see what passed in the cab—they went back to the Barley Mow; I followed them in and had a drink, and came out and waited for them—they came out shortly afterwards and went round St. Bride's Church again, and up the steps, where they engaged in conversation for a few minutes—the prosecutor's coat was open, and the prisoner went like this to him—when I first saw him he had a chain, and he had a black bag in his hand—I left them and went and found a constable, who brought two plain-clothes officers into Fleet Street, and saw the prisoner by the Punch office; he was joined by his father, and pulled something out and showed him—I cannot say what it was—we followed them to a coffee-house in Fetter Lane, where they had refreshment—I and Ferguson went in and sat opposite them—the prisoner pulled a watch out of his pocket and gave it to his father, who examined the works and said it was not worth much—we had our breakfast, and waited for them to come out, and followed them to Lincoln's Inn Fields, and the officers charged them—this chain (produced) is like the one the drunken man had on.
Cross-examined. I was coming from my business at 8 a.m.—I had been up all night—I did not see the prosecutor tossing for drinks in the Barley Mow—five or six persons were with them there, but I did not see him standing drink to anybody—the prisoner was endeavouring to take his black bag from him—when I saw the prisoner's hands go toward the prosecutor's chain he was not supporting him—the prisoner helped him into the Hansom's cab, and out of it—I did not see the prisoner take out a purse and look into it—I saw no purse—I did not see him give a card—when the prisoner was given in custody in Lincoln's Inn Fields he said he had lent the prosecutor 15s., and taken his watch and chain as security, and promised to meet him to-morrow in Fleet Street and return the money—the prosecutor's printed name and address was not found on the prisoner.
Re-examined. The prisoner gave the black bag back to the prosecutor.
JAMES NOBLE (449 City). On the morning of 29th September I was on duty, and saw the prisoner and prosecutor get out of a cab and walk into St. Bride's Avenue, and stand face to face—the prosecutor had a black bag—he took a pigskin purse from his right trousers pocket, looked into all the compartments, and the prisoner bent over it, touching him as much as to say, "Give me the purse"—the prosecutor handed it to him, and he opened a flap, put two fingers in, drew some papers out, examined them, and put them back—I was twenty yards off—he turned his head to the left, saw me, stooped down and picked up the bag, took the prosecutor by the arm, and walked down St. Bride's Avenue, carrying the bag—they went into St. Bride's Court, and I informed a plain-clothes man.
Cross-examined. The prosecutor was not drunk, he could walk; he did not require the prisoner's assistance to keep him up—I do not think he put his hand on the prosecutor's breast to prevent his falling—the prosecutor handed the prisoner his purse, not a card or memorandum out of it—I do not know whether there was any money in the purse.
By the Jury. The prosecutor was sober; I saw him walk up and down St. Bride's Avenue.
CHARLES FRYERS (City Detective). On 29th September, about 8.30, I was on duty in plain clothes with Fergusson—Morgan pointed out the prisoner walking along Fleet Street—I followed him—another man joined him, and he took something out of his pocket and showed to him—I did not follow them to Fetter Lane—I afterwards stopped the prisoner in Lincoln's Inn Fields and said, "I am a police officer; where is that watch and chain you had from that gentleman in Fleet Street this morning?"—he looked surprised, and the man who was in his company said, "He is my son; he has lent 15s. to the gentleman on this watch; he is a friend of ours "—the prisoner handed me the watch and chain from his left waistcoat pocket—I said, "Do you know this gentleman?"—he said, "I do not; we had been drinking together; he has promised to meet me in Fleet Street to-morrow, and return me my money"—I said, "This is not altogether satisfactory to mo; I shall charge you with the unlawful possession of it"—I searched him and found £1 6s. 5 1/2 d., some memoranda and letters; and cigars, but none of them gave the prosecutor's address; the prisoner gave mo no such memoranda—when he was charged at the station he said to his father, "Father, you know I had £2 when I came out last night."
Cross-examined. I inspected all the papers found on the prisoner—the watch had on it "B. C. Gowan, Highbury. "
Re-examined. The prosecutor came to the station next morning to report the loss of his watch.
----FERGUSSON (Policeman). I received a communication from Noble, and was with Morgan and Fryers till the arrest.
Cross-examined. I saw the prisoner show the watch to the person who is admitted to be his father—he said at the station, "Remember, father, that when I came out last night I had £2"—the father assented—the father is employed in journalistic work, and the son as a builder's clerk or agent in Fetter Lane.
EDWARD JOHN GOWAN . I live at Canonbury—I do not know the prisoner or his family—I am not used to taking much drink—I was in a cab at King's Cross, and was taken to Fleet Street—I remember being pulled out of the cab by somebody on Tuesday
morning, and told I could sot go by the cab because had no money, and I took a cab by myself and went home—I had a purse with £5 in it, and papers in it of no value to anybody but myself—the £5 was not there when I got home.
Cross-examined. I did not begin drinking till ten at night—I do not remember seeing the prisoner—I do not know what place I was drinking in, or borrowing money to pay for drink—I was taken out of a cab on the Tuesday morning because I had not the fare to give the cabman; I called the last cab myself.
NOT GUILTY .
THIRD COURT.—Wednesday, October 21st, 1891.
Before Mr. Common Serjeant
MR. SANDS Prosecuted, and MR. PURCELL Defended.
SIDNEY HERBERT COLLETTE . I am cashier at the City Bank, Sloane-Street branch—on 6th October, about half-past twelve, the prisoner came in and presented an envelope containing this cheque for £23, signed and endorsed "George Scott"—we had such a customer, but he has transferred his account to our Bond Street branch—the prisoner said nothing—I opened the envelope and took the cheque out, and saw it was cancelled, and said, "What do you want with this?"—he said, "I want the money—I said, "Where do you come from?"—he said so me firm; I did not catch the name—I went to see the sub-manager, and I Had hardly moved two yards when I saw that he was engaged; I could not leave the prisoner, because I was the only one at the counter, so I turned back towards him, and as I did so he ran immediately out of the place—I got across the counter, and went after him, and captured him in the high Street; he was running; a gentleman turned him-a constable came up and took him; I gave him in charge—he said he was innocent.
Cross-examined. There were no other persons in the bank; customers, clerks, or messengers—the envelope he Wed to me was addressed to the City Bank, Knightsbridge branch—when he handed me the envelope I said, "Do you know what it is?" and he said, "No";, and then opened it—when he was stopped all he said was "I am innocent when he came inside with the constable ho said, "A man gave me the cheque outside "—he did not say directly he was stopped, I am innocent; it was given to me by a man"—he afterwards said he had mentioned to the policeman the man who had given him the envelope—I did not hear it—he gave no description of the man in my hearing at the bank—I was on one side of the counter, and the prisoner on the other—I did not hear him say he was a man 5 ft. 7 in, with dark hair and moustache, or that he had motioned with his. hand to the policeman across Sloane Street where the man was, but that at that toe traffic passed by and the policeman could not get over—he kept saying, I am innocent"; and the manager said, "Lock him up. "
HENRY THOMPSON (B R 54). On 6th I was on duty at Knightsbridge, and about a quarter to one I saw the prisoner running, pursued by Mr. Collotte, who captured him—I went up, and he was given into my custody—Mr. Collette said, "This man has attempted to pass a bad
Cheque at the City Bank, Sloane Street"—the prisoner said nothing—he was taken back to the bank—he said nothing to me on the way, nor did he point anyone out to me—at the bank he said, "A man gave it to me at the corner of Sloane Street to change for him "—he gave the description of a man, 6 ft., with black coat and black moustache, and I looked round, but could not see anyone answering the description—he did not point to anyone and say, "That is the man," or anything of that sort—I only found a cutting from a newspaper on him—I took him to the station.
Cross-examined. When Collette said the prisoner had attempted to pass a bad cheque the prisoner did not say, "I am innocent"—I must have heard it if he had said it—I did not see him whisper to Mr. Collette—as we walked back to the bank the prisoner did not indicate by a motion someone on the other side of the street—he did not say at the bank, "I pointed out and motioned to the policeman someone who gave me the document"—all he did say was, "A man gave it to me at the corner of Sloane Street to change for him"—when I came out of the bank I looked round and could not see the man; we were in the bank no time; we just walked in and out again—he did not say the man had some rolls of paper in his hand.
GEORGE SCOTT . I am proprietor of the Duke of Albemarle public-house, Stafford Street, Bond Street—at half-past twelve on the morning of the 6th I fastened up my house—I had in my bar a small cupboard in which was this cancelled cheque—about three a. m. I was awoke by the police—I examined my premises, and found there had been a breaking, and afterwards I found that this cheque and other things were gone—I had changed my account to another branch of the bank, and this cheque was in the pocket of the old pass-book.
NOT GUILTY .
803. There was another indictment against the prisoner for burglary in the dwelling-house of George Scott, and stealing £30 5s., cigars, and other articles. Upon this indictment MR. SANDS offered no evidence.
NOT GUILTY .
805. GEORGE WILLIAM BEACH (17) , to burglary in the dwelling-house of Matthew Lyons, and stealing a quantity of salmon and other articles; also to a conviction of felony in February, 1888.— Four Days' Imprisonment. [Pleaded guilty: See original trial image.] And
(806). THOMAS KENNEDY (19), to stealing two pairs of boots, the goods of William Witham; and also, with THOMAS JONES (21) , to burglary in the dwelling-house of Lewis Samuel Woolf, and stealing an overcoat and other articles. KENNEDY also PLEADED GUILTY to a conviction of felony in March, 1888, and JONES** to one in December, 1890.JONAS— Fifteen Months' Hard Labour ; and KENNEDY— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.]
OLD COURT.—Thursday, October 22nd, 1891.
Before Mr. Justice Wright.
MR. KYD Prosecuted, and MR. PAUL TAYLOR Defended.
WILLIAM STEPHEN BAKER . I am employed at the General Post Office, and lire at 17, Glasgow Terrace, in which house the prisoner lived and was the landlady—on the evening of 6th October, about nine, I heard her saying that she would set fire to the b----house—she was in the habit of using expressions of that sort—about half-past nine my sister called me—I came downstairs and I saw a lot of fire, and when I got to the bottom I saw that a counterpane was burning and a strange man trying to tread the fire out—I got water and put it out—the prisoner was then leaving the house.
Cross-examined. I lived with my mother on the first and second floors—the prisoner occupied the basement—I had been there since April—the prisoner used such expressions so frequently that I took no notice of them—I saw Mrs. Howard at the street door as the prisoner was going out—I threw some water over the prisoner in my temper.
By the COURT. The prisoner was always in drink, more often than not, and talking to herself—there had been no quarrel—she had never done anything of the sort before—there was no damage done, there was no time—her bedroom was a back room level with the street—the counterpane was a large one—it was in flames, very nearly burnt out—it burnt the staircase—the street door was open.
DAVID JOSEPH RICE . I am a member of the fire brigade stationed in Francis Street—on 6th October I was called to 17, Glasgow Terrace—I found that a counterpane at the bottom of the stairs had been burnt it was out when I got there—I saw the prisoner, and asked her the cause of the fire—she said she was lighting a lamp, and threw the match on the counterpane, which was in the passage—the stairs were slightly damaged by fire—I produce the counterpane.
Cross-examined. I did not notice a lamp outside the kitchen, there was one inside on the table.
By the COURT. The prisoner did not appear to be affected by drink she was quiet—if the counterpane had been well alight it would have set the staircase alight—it was in a dangerous situation.
FREDERICK BARFOOT . I live in Lupus Street, and am a clerk in the Army and Navy Stores—I was at 17, Glasgow Terrace about nine on 6th October—I saw the prisoner, and heard her say she would set fire to the b——curtains—about five afterwards I smelt the fire.
Cross-examined. She was mumbling to herself as she was wandering about the house.
ANNIE BAKER . I live on the first and second floors at 17—on 6th October, about half-past nine, I was sent for, and when I got to the house I saw the prisoner in the passage—I knew there had been a fire—I called her a wicked woman—she told me she had dropped a match.
Cross-examined. This counterpane was used as a coverlet to her own bed, on the ground floor.
CAROLINE HOWARD . I live next door to the prisoner—between nine and ten she came to me and said, "I have dropped a match and set some things alight; it is blazing"—she looked very agitated, distressed and worried—I went in with her and took a pail of water—I saw something on fire at the bottom of the stairs.
Cross-examined. I have known her four years as a good respectable neighbour, except when she took a little drink—I did not see any sign of drink on her on this occasion.
GEORGE JEFFRIES (Inspector B). The prisoner was brought to the station—when the charge was read to her she said, "I am not guilty of what I am charged with"—I went to the house next morning—the lower step of the stairs was slightly burnt, and two other steps were slightly scorched.
W. S. BAKER (Re-examined). There was usually a tin lamp on a small wooden ledge at the bottom of the stairs leading to the kitchen, but it was not alight that night; I could not say even that it was on the ledge; it was near the counterpane.
NOT GUILTY .
MR. ABINGER Prosecuted, and MR. HUTTON Defended.
JOHN PRAUNSMANDELL . I am a commission agent, of 111, Edgware Road—on 30th September I was at the German Exhibition—I had an information office there for the benefit of the exhibitors—Mr. Bargin was with me from three in the afternoon up to the time this occurred—I saw the prisoner in the grounds—he was not an acquaintance—I knew him by sight—I was walking; along, and all at once the prisoner came in front of me; Le put his finger in my collar, and knocked my hat off with his umbrella, and said, "I will kill you, you cur"—he put his hand in his pocket and pulled out a knife, about five inches long—I stooped down, or else it would have come right at my throat; I ran away—I felt blood running down my neck—I fetched a constable and returned with him; the prisoner came at me again and aimed a second blow, but I kept away from him—he used bad language—I left him in the hands of the policeman and a foreign man—I went to the police-station; the prisoner there said, "I am sorry I have not killed you, you cur, but I shall do for you when I come out again"—it is not true that I have had any improper intercourse with his wife—I never saw the woman in my life.
Cross-examined. There is no reason for his making any attack upon me—he is a cook, not at the Exhibition; he takes employment when he can get it—I have seen him there occasionally—I never had any words with him—I could not tell whether ho was in drink; the affair was like a flash of lightning—when I saw the knife I was so nervous and excited I ran away.
GUSTAVE BARGIN . I am a restaurant proprietor—on 30th September I was with the prosecutor at the German Exhibition—I was a caterer there; I have known the prisoner many years—as I went through the grounds I saw him and said, "How are you?" and offered my hand; he refused it—I thought it strange, as I had never done him any harm—he is a professional cook—he said, "I want you; you must give me some work to do"—I said, "The Exhibition is over now and there is nothing to do; will you have a glass?" and we had a glass of whisky each—he seemed rather strange and very much excited; all at once the prosecutor
came and tapped me on the shoulder and said a person wanted to sea me; as soon as the prisoner saw him he was all fire and flame, and he said, "Oh, you know that vagabond?" and gave him all sorts of names—I said, "I know him as a gentleman, that is all"—there were a few words between me and the prisoner, and I said, "You must not use such bad language here"; the prosecutor said to me, "I don't know the man"—the prisoner then said, "That man has ruined my home and made a whore of my wife," and all sorts of things, and then all at once he knocked his hat off and had him by the neck, and then the prosecutor ran away—I did not see a blow—the prosecutor came back with a policeman—the prisoner made no attempt to run away when he saw the policeman; it took three men to keep him; I then saw the knife in his hand for the first time, and I said to the policeman, "Take care, he has got a knife"—he tried to stab the prosecutor again—he was in an awful state.
Cross-examined. I have known him for some time—I never knew anything against him; only when he has had a glass he is not worth anything—I think he had had a good deal on this occasion—I do not know that he has suffered from delirium tremens, but when he is in that state he is not worth anything for months.
Re-examined. I won't say that he was exactly drunk; he might have had something to drink; he was excited; he could drink more, and then he would be more drunk—I asked him to have a glass of whisky, because I wanted to know why he refused my hand.
GEORGE SMITH . I was a porter at the lager beer stall at the German Exhibition—on 30th September I saw the prisoner and prosecutor and Mr. Bargin there standing talking; the prisoner was talking in rather a high tone of voice for a few seconds; I did not see any blow—I heard him say, "I will kill you, you cur!" or "you hound!" "I am sorry I have not done it now"—I saw this knife in his hand.
HENRY ALLEN . I was a fireman at the German Exhibition—I was present when the prosecutor pointed out the prisoner to the constable; they were a few yards from each other—I saw the prisoner make a second attempt to stab him; it was not a very serious attempt; he reached over my shoulder; the prosecutor was behind me—the constable took hold of him, and I took the knife from him; I did not notice any blood upon it—if I had not been in the way the blow might probably have struck him.
Cross-examined. I don't say it would have struck him; I could not see how far the prosecutor was behind me—the prisoner clasped the knife very tight in his hand—there was no difficulty in getting it—the constable and I seized him together—he did not attempt to strike me; I caught him by the wrist, and held his arm with both my hands.
MAITLAND COFFIN , F. R. C. S. The prosecutor was brought to me on the evening of 30th September; he had a slight incised cut at the back of the neck, about two inches long—from the description I had I should say the knife went over the shoulder, and the side of the blade nicked the back of the neck and sliced it, and made a slight wound—I put a piece of plaister on it; I did not see it afterwards—the knife had probably slipped; it just cut the skin—it was only enough to draw a few drops of blood; if it had gone in straight it might have caused a severe wound;
it would have caught him somewhere in the cheat—it might have been caused by a weapon similar to this knife.
WILLIAM PASCOE (J 401). I was on duty at the Exhibition—the prosecutor came up to me and made a statement—he had blood running from a wound at the back of the neck; not a great deal—he had a handkerchief on it—I accompanied him to the prisoner, and told him I should take him into custody—he said nothing—he put his hand in his pocket and pulled out a knife, and rushed at the prosecutor—I did not hear what he said—I called the fireman to my assistance to take the knife out of his hand; he was violent—I caught him by the left arm when I came up—the knife was in his right-hand pocket, and when he came up to the prosecutor he took it out—the prosecutor was standing behind me, a little to the left—the prisoner rushed by me to him, but I seized him by the right arm then and so prevented him—I took him to the station; he went quietly—he had been drinking; he was not drunk, he was very excited—at the station he said, "I am sorry I did not kill the b----hound; I will do him yet, the first chance I get. My wife is a whore, and it is he has made her one" pointing to the prosecutor.
Cross-examined. The knife was open when he pulled it out of his pocket—it is an ordinary cook's knife—it will not shut.
GUILTY on the Second Count. — Eighteen Months' Hard Labour.
The prisoner's wife stated that he had lately suffered from delusions, and had acted strangely, but teas very kind to her. The COURT recommended that he should be watched, and the state of his mind be attended to.
To enter into his own recognizances of £500 to come up for judgment when called upon.
MR. BURNIE, for the prosecution, offered no evidence.
NOT GUILTY .
MR. HUTTON, for the prosecution, offered no evidence.
NOT GUILTY .
MR. HUTTON Prosecuted, and MR. PURCELL Defended.
ELLEN SARAH SUNMAN . I am a laundress, of 30, Luke Street—I am a single woman—Grace Sunman was my daughter—she was born on 29th March—a person, I. cannot say the name of, in Doynton Street, had it to nurse at about eight or nine weeks old—then it was at home with me—my landlady looked after it in the daytime while I went to work, till I came home at night—then I placed it with Mrs. Keel for six weeks, and on the 20th July with the prisoner—it was then a beautiful, fat, healthy baby—during the first three weeks I used to go very often to see it—I only saw it about twice,
every Tuesday—it was always asleep—I did not think the mother of seven children would deceive me over my child, and she said it had just gone to bed, or had just been put to bed—a week or two after that I complained about not seeing it—then it was brought to me—to look at its face I would not have thought there was anything the matter with it—I noticed it looked so stupefied—I did not examine it—on Monday, 24th August, having been there and not seen it on the previous Saturday and Sunday because it was asleep, I took it to the doctor's—the prisoner said she had had one child die in her house, and would not have my child die there, because of her husband—when I saw it on the Monday I used the expression, "Good God! this is my child; if sixpence was all I had in the world, I will take it to a medical man this night," and bounced in front of her—she said on the Saturday it wanted a doctor—I said, "If you think so, take it to a doctor, and I will pay you as soon as I earn the money," but she did not do so—on the Monday I took it to Mrs. Wiston, of 13, Schofield Road—the prisoner did not say she must have the money for the doctor—I had paid her five shillings a week up to this date—the same night I took it to Dr. McAusland from her house; she went with me—the doctor examined it—the prisoner was in the next room—she must have heard what was said—the door was open—the doctor said it was dying, "I am afraid the mother is not in time to save its life"; then I took it to Mrs., Wiston's—it stayed there till 5th September, when it died.
Cross-examined. I have had two other children—they are still alive, with the father—I suckled this seven weeks—I went to my employment daily, occasionally—I was out from about 9 till about 6, 6.30, or 7—the child had my breast at night—I went out in the evening—my child was put to bed or went with me—I came home when I thought I would, not later than 10 or 9.30—I knew the child was fed on condensed milk and biscuits—I asked advice and studied my baby; I changed its clothes in the evening when I came home—it had condensed milk in a bottle, because it agreed with the breast milk, those were the doctor's orders—I gave my child the breast when I thought I would, as mothers do—now and then I went to my employment—I have not seen Mrs. Maddox, of Doynton Street, here to-day—from Doynton Street the child was taken for a week to Mrs. Tichiner—that is the same house—one week it was downstairs, the next it went up—I did not complain to the neighbours of Mrs. Maddox—I found a louse upon it, but it was not dirty, it might have gone out in the street and picked it up, when close to other people—the child's clothes were not dirty—my landlady never had the chance to complain of the child crying, she might do so to do me an injury—both landladies bear me an ill-will—I have not had a dispute with Mrs. Ellen this morning outside this court—I have not spoken to her, nor as much as looked at her; I should not—the child was not placed with a woman in Colver Street—I know there is a midwife there—I never left the child there while I went to work, and took it back at night—Mrs. Tichiner never said it was constantly crying, and not thriving—she is one who bears me ill-will—when the prisoner had had the child two days she said her husband would not allow her to have the baby, would I take it away; I said I certainly would not allow my child to disturb any woman's home—she said it disturbed her husband—I said, "I have someone coming to take it"—then she sent word I was not to trouble,
as her husband said she could keep it—I did not suckle the child after it was seven weeks old—I did not take it back to the prisoner after it had. seen the doctor.
Re-examined, I was going to fetch the child the same night when the message came not to take it away.
ELIZA KEEL . I am the wife of Thomas Keel, of 67, Emden Road, Upper Holloway—I had care of the child six weeks up to 20th July—it was a fat, plump, healthy little thing—I saw it again on 24th August—it was then a perfect little skeleton—it was always quite healthy when with me.
Cross-examined. I gave the child up at 12.45 a. m.—the mother took it at a moment's notice—I fed it with Nestle's tinned milk and Robb's biscuits—I never gave it ordinary milk and sugar—it was not because the child was unhealthy or the mother dissatisfied that the mother took it away—it was a week with Mrs. Tichiner to mind for me, my husband was ill, and I could not take it that week.
MARY WHITE . I am the wife of Charles White, of 28, Newlop Street, South Highgate; I had the child four hours on 20th July—it was in good condition—very healthy—quite plump—I next saw it in Schofield Road the same month—about three days afterwards—it was very emaciated—Mrs. Wiston had the child then—I do not know when it died.
Cross-examined. I am no friend of the prisoner—I am not related—the child was merely brought to me to mind while the mother went to work—I had it in my arms about an hour, and then it went to sleep—it was a remarkably plump, healthy child—I never saw such a remarkably fine child before—I never saw such a thin emaciated child as it was afterwards.
CHARLOTTE WENT . I am the wife of Robert Went, of 30, Newlop Street, South Highgate—Miss Sunman was a lodger—I saw the child two or three times before it was put out to Mrs. Keel—it was a nice healthy, strong baby when it was removed—I did not see it afterwards.
Cross-examined. The mother called me to see what a beautiful child it was.
JANE WISTON . I am a widow, of 13, Schofield Road, Upper Holloway—when the child was brought on the 24th August I undressed and washed it—its clothes were very dirty from its diarrhœa—it was dreadfully thin—I took it to the doctor the next day—the doctor saw it the day I had it—I continued to nurse it, and the doctor to attend it till the 5th September, when it died.
Cross-examined. It suffered very badly from diarrhœa—there was nothing dirty except what you would expect from diarrhœa—while with me it had corn-flour, Nestle's milk, and loaf sugar—it was too ill to eat biscuits, or to take anything more—it improved a little—it ate its food very ravenously—it also had beef-tea and brandy.
ANDREW MCAUSLAND . I am a medical man, of 68, St. John's Road, Upper Holloway—I attended Grace Sunman on 24th August, about eight p. m—the mother brought it with Mrs. Wiston, and the prisoner was in the other room—I examined the child; it was in a very dirty condition—the lower part of the trunk and thighs were covered with excoriations in a raw state; it was in great pain, and crying—I
should say the excoriations were due to the want of cleanliness and proper attention—the child was wet and dirty, and steaming when brought—that caused the excoriations—it vomited—I prescribed for it—it was brought to me on the 26th; it had improved a little, and its skin had improved considerably—I attended on the 5th, when it died—I did not weigh it when brought to me—it was weighed in the mortuary—it weighed 7lb. 13oz.—I was present at the post-mortem examination—I attribute its death to exhaustion, arising from want of proper care and attention—I attended the prisoner's house on the 23rd; a Sunday evening—the evening before the child was brought to me—I went to attend another child—no mention was made of this child—I saw Mrs. Davis.
Cross-examined. I do not think it would be correct to say that diarrhœa and improper food accounted for the death of this child—diarrhœa coming from improper food in a child of that age would very likely cause death—I should not recommend sopped biscuit—in some children it would produce diarrhœa—I do not know that diarrhœa is more common in children in August than in any other month—I say that death was accelerated by the want of proper care and attention, and the child suffering great pain—the diarrhœa would not have produced inflammation if it had been kept clean—excoriation is not uncommon, if there is want of cleanliness—diarrhœa and vomiting were from improper feeding—that would account for death; but I said before the Magistrate that death was accelerated—I said: "I made a. post-mortem examination; I found no organic disease whatever; diarrhœa and improper feeding would account for death"—in this case it would—(Read: "And the post-mortem fortified and corroborated my opinion ")—I never said that I said, after speaking of weight, "A child of this age should have nothing but milk and water"—feeding a child on sops and biscuit is a very common cause of diarrhœa—I was of opinion that its death was accelerated by its previous pain from excoriation of the thighs and the lower part of the body.
AUGUSTUS JOSEPH PEPPER . I practise at Wimborne Street—I assisted Dr. McAusland to make a post mortem examination of this child—from the evidence I heard before the Coroner and my observations at the examination, I came to the conclusion that death was accelerated by diarrhœa, and that the primary cause of death was either improper feeding or an insufficient amount of food—the excoriations were very slight, nearly gone—it would be difficult to keep a child free from excoriations if it had contracted diarrhœa.
Cross-examined. Even under a mother's eye such excoriations as I saw might arise—Robb's biscuits and condensed milk would be improper diet—that would very likely produce diarrhœa—death, if not caused, was accelerated by diarrhœa—if the child was nursed by the mother night and morning the ill-effects of feeding on farinaceous food and condensed milk would be very much greater than if it was entirely fed on it.
Re-examined. The diet would not have such a rapid effect unless it caused diarrhœa quite early, and that continued from 20th to 24th July—I found no sign of organic disease; it was clearly a case of improper feeding.
and were not confined to the anus and genitals—excoriations may last three or four days—they resulted from the child being left in a wet condition.
The prisoner's statement before the Magistrate: "The baby was in that condition when I first received it, and I did my best to try and bring it round, but I could not. Nearly all the evidence that is brought here is false. I will call my witnesses at the trial."
Witnesses for the Defence.
JANET DAVIS . I am the prisoner's daughter—I fetched the child—it was very thin, except its face, and had sore eyes, and a spotty rash on it, and was extremely weak—I took care of it—fed and washed it, and so on—it slept with me—it was fed en condensed milk and Robb's biscuits first, but it did not get on, so mamma tried Ridge's food; and the last part of the time it was fed on cows' milk and barley-water, with a little brandy—mamma spoke to the mother about the rash—she replied, "Oh, take no notice of that, Mrs. Davis, her brother was like it"—I did not notice any diarrhœa—on 24th August I had it all the afternoon in my care—I had the principal care of it down to the 24th of August—I did not wash it, but I used to get the bath ready for it.
Cross-examined. It slept in my bed every night—I never noticed diarrhœa, only as an ordinary child should be—it was not very ill when taken away; it was not well—it was always very thin—it was not more thin when taken away than when we had it; not so thin—it was not very ill on the Sunday—my mother said several times it wanted a doctor, but the mother said there was no necessity, but that something was the matter with its head—Dr. McAusland was not asked to see the child on the Sunday he came to the house—I saw the child then—mamma undressed it—I slept with it—it was not dirty—I saw it bathed the morning it went away—I did not notice the excoriations round its buttocks.
ELIZABETH HARRIET ELLEN . I live at 9, Doynton Street, Highgate—I am the landlady of Sarah Sunman, the child's mother—it was a fortnight and three days old when it came to my house—the mother suckled it from three to four weeks afterwards—she went to work two days one week, and three days another—I took care of the child in her absence—I fed it on Robb's biscuits and Nestle's milk—it had skin disease and the thrush—it was not a healthy plump child; it was always pining and crying—I spoke to its mother about that—when the mother went out in the evening the child was not left with me; she used to put it to bed and go out and leave it—I heard it crying, and used to go up and fetch it down, feed it, and change it.
Cross-examined. It was emaciated—I think it was pining for the breast milk—it gradually fell off—it was all red on one side—I washed it—I saw sores on the buttocks; the skin would come off—it was not dirty—I have had three children.
MARY ANN TICHINER . I live at 1, Mortimer Terrace, Highgate—I had the child from the 25th May till the following Monday—I handed it to Mrs. Keel in the same house—it came from Riden Street, Highgate New Town—Mrs. Ellen lived there then—it had skin disease and the thrush, and if you laid it in a certain way it would come out in red spots wherever you laid it—I fed it, by its mother's advice, on Robb's biscuits and condensed milk—I am a nurse, but I do not feed babies on Robb's biscuits and Nestle's milk, and I have brought a great many children up—the
mother brought me the biscuits—thrush is not skin disease; it comes in the mouth, and you have to carry it through—it goes from the bottom part of the tongue—I saw it every day whilst in Mrs. Keel's care—she fed it on Robb's biscuits—the mother said Mrs. Keel did not treat her baby properly—she fetched it away about a quarter to one at night through me—I did not like the treatment—the baby was never healthy; it was flabby, never got on, and was continually crying.
Cross-examined. It was not skinny, but had fallen away at the bottom part; not in the face.
ANNIE DAVIS (the prisoner). When I received the baby it had a rash, was sore, extremely weak, had very little fat, was flabby; and the reason given to me was it was sadly neglected, and I took it out of kindness—I fed it, as the mother wished, on condensed milk and biscuits for nearly three weeks, when she refused the food—I thought the milk was not sufficient, and tried Dr. Ridge's food—in a few days it refused that—then I tried cow's milk and a little brandy—it did not suffer from diarrhœa before she left me—I always kept it clean; I bathed it in the morning or in the evening; I changed it, and laid it on my couch, where the mother found it—simply spite has brought me here because I made the mother take the baby away.
Cross-examined. I say the evidence is false—it might be dirty from diarrhœa on 24th—it never missed its bath with me, because after its bath was the only time it slept—I agreed to take the baby till I could get one from the Home, and on' the Monday the mother promised to retch it—it was not more ill on the Sunday, but it never seemed to repay the trouble I took with it—the mother always expressed gratitude, and said I did my duty till I suggested she should take it away—the child suffered from diarrhœa on the Sunday afternoon; it had not suffered from it for some days; it had a touch of it—when I changed it on Sunday at tea-time it was not sore—the doctor told me there was nothing the matter with the baby when we took it to him.
NOT GUILTY .
NEW COURT.—Thursday, October 22nd, 1891.
Before Mr. Recorder.
The witnesses did not appear.
NOT GUILTY ,
MR. KEELING Prosecuted
Gardens, Kensington—I have an account at the London and County Bank, Kensington branch—I last used my cheque-book on 11th December, 1890—I then left it at 18, Harley Gardens, with twenty unused cheques in it—the two cheques produced are part of the property I missed after a burglary there when I was out of town.
RACUEL SOPHIA FOX . I live at 37, Radnor Street, Shepherd's Bush—I was in charge of 18, Harley Gardens—on 7th September I went to bed about eleven p.m.—I was the last person up—the doors and windows were all closed and fastened—I went downstairs about eight the next morning—I noticed the young ladies' dressing-room door open, which had been closed when I went to bed—several drawers had been disarranged—two coats were lying on the floor in the hall—I sent for Mr. Harris—after the police had been sent for I missed a cheque-book from a drawer in the drawing-room—the catch of the kitchen window had been tampered with—a small piece had been broken out so that a person could get in—the window was all right when I went to bed.
PAUL ALMARK (Police Sergeant F). On 9th September I was fetched to 18, Harley Gardens about 9.30 a. m. by a Mr. Harris—the area window catch was broken, and a small hole made, big enough to insert something close to the catch—the glass had been broken—there were marks corresponding with this chisel (produced)—there would be no difficulty in opening the window; the marks were both inside and outside—a cupboard in the front room downstairs had been broken open, and there were marks corresponding with this chisel on the doors of the cupboard—an upstairs room was in great disorder, drawers being pulled out and things strewn about.
ROBERT DAY (Police Sergeant T). I arrested the prisoner on 23rd September—he said nothing in answer to this charge—he was arrested for another offence and remanded—I searched him and found this cheque.
Cross-examined by the Prisoner. I called you out of a public-house in King Street, Hammersmith—I was told you were staying at a lodging-house—I made inquiries—I was told you had been there two or three weeks.
HENRY BLYTH BOTTING . I am a corn broker, at 147, Leadenhall Street—the prisoner came to me, I believe, on 23rd September—I knew him—he asked me to cash a cheque (produced)—I gave him £2 on account—it was returned from my bank marked "No account"—the prisoner wrote his name on the back of it in my office.
Cross-examined. We were friends seventeen or eighteen years ago—we lost sight of each other for about ten years—I believe you went to the Cape and enlisted—I believe you came into some money thirteen or fourteen years ago—my sister married your father—if I had doubted the cheque was genuine I should not have sent it to my bankers—I assisted you.
Re-examined. I cannot say I am acquainted with the prisoner's writing—I saw him endorse the cheque—I cannot express an opinion on the writing in the body of the cheque.
Cross-examined. You were thirty-five last June—I was only a child when we came into mother's property; I do not know
what you had—I believe you went abroad—I know you went into the army, because I visited you at Aldershot—I was not seven years without seeing you—I have not seen you for three years—I do not think that I had not previously seen you for seven years—you have told me so many untruths I do not remember what you have said.
WILLIAM HARRIS . I was sent for to this house—I found this chisel on the table in the servants' hall, with some clothes, and this small knife—I am a builder—one of the men told me something, and I fetched the police—I gave the chisel to the sergeant—I do not know anything about it.
The prisoner, in his defence, said that the cheque he gave to Botting was paid him by Edward Claude Arkell, to whom he had lent £25 about fourteen yean ago, and had met in a public-house on 22nd September; that the cheque for four guineas and other cheques Arkell asked him to cash for him, saying, when asked his address, he would be sure to meet him again if he was staying in London; that he knew nothing of the forgery, and was expecting the balance, when he was arrested for a crime he was innocent of.
NOT GUILTY .
MR. GREENFIELD Prosecuted.
BRYCE BOYD . I live at 15, Manchester Street—on October 5th, about 9.15, I was standing by the church in Argyle Square—the prisoner came up with another man and covered me all over, and put his face about two inches from mine—he knocked me down—I got up and ran after him, and kept within two yards of him, and saw him pass a watch to his accomplice, who turned to the left and pretended to be very drunk; the prisoner turned to me and said, "Go away; it is no good now"—he walked to Derby Street and again said, "Go away; go away"—he retraced his steps, and I told a policeman to take him, which he did—he said nothing—I am certain he is the man, he was never more than two yards from me.
Cross-examined by the prisoner. I did not come up and say, "I shall charge you with stealing my watch, nor did you say, "Go away; I know nothing about your watch"—the watch was not mentioned—you did not walk with mo to the policeman, he came from a side street—there was only five minutes from the robbery to your arrest—I was not with any woman.
CHARLES EMERICK (E 285). I was on duty in Argyle Square—Mr. Boyd spoke to me, and I saw the prisoner leaning against some railings looking away from me towards Boyd, who said, "I want to give this man in custody for stealing my watch"—I said, "Is that right?"—the prisoner said, "No"—I took him to the station, he was charged and said, "I know nothing about it"—I found 7s. 6d. in silver on him—the watch has not been found.
Cross-examined. You and Boyd did not walk across the road to me—you did not walk to meet me—you went quietly with me.
Prisoner's Defence. Two men asked me the way to the Underground Railway station; I told them, and the prisoner came up and said, "You have stolen my watch. "I said, "I know nothing of you or your watch. "I was walking about with him five or six minutes, up one street and down another. I had plenty of chance to get away if I wished.
GUILTY .— Nine Months' Hard Labour.
MR. ROACH Prosecuted.
JOHN ALLEN HAMMOND . I live at 40, Britannia Street, St. Pancras—the prisoner was a lodger of mine—May West was also there, and my mother—on October 9, about eight o'clock, the prisoner came slowly into the kitchen without his boots—I was sitting by the fire reading the paper, and he made a rush at May West—I got up and said, "This is not your room"—he said, "You b----f----, you have been committing adultery with my wife"—I told him to go out of the kitchen—he made a blow at me, but I ducked my head, it passed over my shoulder, but his chest came against me, and I fell on the sofa—I got my foot behind him and tripped him up, and threw him into the washhouse—in trying to shut the kitchen door to shut him out, he caught me by my shoulder, and I saw some instrument coming down shining; I did not knock his arm sufficiently, and it struck me on my temple—I threw him down and got away from him—him said, "You----, I will do for you"—I ran up and threw him and his brother out—there were ten or twelve lads with him—he rushed at me, but I got on one side and he fell—I followed him up the street to a public-house, and met a friend who had two coats, one of which I put on, as I was in my shirt sleeves, and they did not know me—I lost the prisoner, and went to the hospital and had my eye done, and then went to Bagnigge Wells station and gave information.
Cross-examined. I was not on the bed with any woman—I do not know the woman you are living with—I did not say I would knock your brains out—you came there as a single man eight weeks before; I saw no woman there.
MAY WEST . I have lodged eight months at the prisoner's house—on this Friday night I was sitting in the kitchen at a table opposite the window—the prosecutor was there—the prisoner came down and took something out of his pocket with his right hand and made a rush at me—the prosecutor got up and warded off the blow from me, caught hold of the prisoner and threw him on the table, and then into the washhouse, and then over a washstand—the prisoner had something shiny in his right hand, and it cut my finger when I went to ward off the blow—he struck Hammond on his temple and I saw blood running—I ran upstairs and called for help—the prisoner said to me, "I will do for you"—previous to that, in the afternoon, I had been in the kitchen twice, and the prisoner said he would knife me; in fact, he said he would not mind hanging for me, and he was going to his brother to get a bit of steel put in to me—I have never lived with him.
Cross-examined. I have not been there five weeks with you—I first knew you when you came to lodge there—I know nothing of you except
that you were a lodger in the house—I slept with the landlady, who is a widow; the grievance is because I would not have anything to do with you.
By the COURT. He made proposals to me; he wishes me to live with him, and I won't.
JOHN ALEXANDER MILLER . I am surgeon to the police—I live at Clerkenwell—I was called to the station and found Hammond suffering from an incised wound on his right temple, half-an-inch long, penetrating to the bone, and dividing the cartilage—ho had also an incised wound on the back of a finger of his right hand—I dressed the wounds—they must have been caused by a knife or sharp instrument—I sent him to the hospital—he is quite well now.
WILLIAM BLYTHE (Detective Sergeant G). On Saturday evening, October 10th, the day after this, the prosecutor gave the prisoner into my charge at Euston Tavern for stabbing him—going to the station he said, "Last night when I came home I found this man" (meaning Howard) "having connection with the woman I am living with. I struck him and we had a fight. I never used a knife. "
The prisoner's statement before the Magistrate: "I met this young woman five weeks ago; she asked me to take her home. I took her home to my place and lived with her five weeks; on Friday night I went home, and through the area I could see the prosecutor having connection with her. I got a stick and struck him; he hit me and out my nose. That is all I have to say. "
Prisoners Defence. I am guilty of fighting with him, but am not guilty of using the knife.
THIRD COURT.—Thursday, October 22nd, 1891.
Before Mr. Common Serjeant.
820. ALBERT ISAACS (26) PLEADED GUILTY** to stealing a chain, the goods of James Cromarty, and to two other indictments for stealing chains, the goods of other persons; also to a conviction of felony in July, 1887.— Judgment respited. And
(821) ALICE NELSON (32) to burglary in the dwelling-house of John Tuck, and stealing an ulster and other articles; also to stealing five sheets and other articles, the goods of Herbert James Barratt, and to stealing a cloak, the goods of Margaret Stevenson , and to a conviction** of felony in July, 1891.— Three Years' Penal Servitude. [Pleaded guilty: See original trial image.]
For cases tried in this Court this day, see Essex cases
OLD COURT.—Friday, October 23rd, 1891.
Before Mr. Justice Wright.
MESSRS. CHARLES MATHEWS and BIRON Prosecuted, and MR. C. F. GILL Defended,
After MR. MATHEWS had opened the case, MR. JUSTICE WEIGHT expressed an opinion that the evidence would scarcely be sufficient to support the charge of murder. MR. MATHEWS accepted the suggestion and offered no evidence.
NOT GUILTY .
CHRISTINA CAMPBELL . I am the wife of Robert Campbell, of 11, Marlborough Street, Harrow Road—the prisoner and his wife came to me in June, and lodged with me nearly seven weeks; they lived on very unhappy terms, they were always quarrelling; I have heard him threaten her—on a Monday morning I was present when he gave her a black eye—he took some money out of her pocket and was going away with it—she said she would follow him—my daughter said, "If you go he will kill you, because he has said so"—they went and got some meat to put to her eye—he said, "If you follow me I will kill you"—he has called her dreadful names; this went on during the six weeks they lodged with me—they left about the end of June or in July—her shoulder was bleeding as she was getting away from him; it might have been by his nail—I don't remember hearing threats on any other occasion—they continued to live on unhappy terms to the very day they left.
Cross-examined. I lived at the top of the house, the prisoner lived in the back part—I was a great deal in his wife's company—she used to run to me for refuge—I don't know that the prisoner disliked me—he never complained to me that I made his wife drink—she was not in the habit of drinking to my knowledge—I once saw her under the influence of drink—I saw her trying to get into her bed; she was staggering a little, she did not fall.
MALVINA MAYHEAD . I am the wife of Thomas Mayhead, of 42, Goulbourn Road—the prisoner and his wife took a furnished room at my house; the first floor back—I heard no quarrelling until Friday, 7th August—the deceased was brought home that night by two females a little after twelve, the worse for drink—the prisoner let her in, and he pushed her down on the stairs when she was half-way up—she screamed and said, "You beast, you want to strangle me"—she sat on the stairs for half an hour—she afterwards went into the room, and then there was quarrelling and screaming again from ten minutes to a quarter of an hour; then it was over till the next morning, Saturday; they had words and then left together at half-past eight—at half-past twelve on Saturday night the prisoner came home very drunk—he and his wife occupied the same room that night—about eight on the Sunday morning there were words, and he turned her out of the room; she went back and he turned her out again, and raced downstairs after her, and when he got to the bottom of the stairs he fell down; he had nothing on but his day shirt—the woman left the house and sent him a note to meet her—he met her at half-past nine, and they went away together; they seemed to be having words as they went down the road together—she came back that night alone, and she remained there alone until the Tuesday about half-past twelve or one—he was not at home on Sunday or Monday—
about half-past twelve on Tuesday he came in and asked if his wife was at home—I said yes—he asked if he could go to his room—I said yes, provided there were no words or quarrelling—he was very drunk—he had no sooner got into the room than there was quarrelling, high words; I was downstairs—I heard the breaking of crockery and the window was broken—I went up to the room, they would not open the door—I forced it open with my knee, and saw the prisoner sitting on a chair in the room, and the woman was lying on the ground in her dressing-gown, all in strips, and she was bleeding from the back part of her 'head—she put her hand to her head and said, "You see what he has done for me—I told him he ought to do better than to ill-treat the woman, and I would fetch a policeman and give him in charge—not finding a policeman, I came back again and went on the stairs and spoke to Mrs. Wynne, persuading her to put on her things and have some advice—she did put on her things and came on to the stairs—she was bleeding from the nose and the back part of her head, very much—she had got her dressing-gown partly on; it was torn right from the waist, one half on and one half off; the body of it was on her back—I think she had had a little drink in the morning, but was not much the worse for it—about this time Mrs. Prosser came down; she lodged at the top of the house, and she and Mrs. Wynne went upstairs together—I had to go into my shop to a customer; they came down stairs to my parlour door and went up again, and that was the last time I saw Mrs. Wynne alive—after I had been in my shop about a quarter of an hour I heard a heavy fall, or a heavy sound, as if some one had been pushed down, or off the bed—that was about two o'clock—I heard no quarrelling at that time, nothing beyond the sound of a fall; I think all remained quiet till about a quarter to five that afternoon; then I heard some one walking backwards and forwards about the room—I went out awhile and stood on the pavement, and the prisoner came out and left; he turned his back to me, but he saw me, and walked quickly over the bridge; I went back and remained in the house till about nine o'clock, and then I went with Mrs. Prosser to the room; I knocked at the door, I thought I heard some one say, "Come in"—I opened the door and my two cats came out of the room—when I got in I saw the room was in great confusion, crockery broken, a large brown jug and the window broken, and I found the body of the woman lying on the floor, and the dressing-gown put under her head or tucked under both sides of her head, her face upwards—she was dead, her eyes and mouth were partly open—I at once communicated with the police and sent for a doctor.
Cross-examined. From the time they came to lodge until the 7th, to the best of my belief, they were on good terms—he used to go out in the morning, but as a rule they went out together; sometimes she would come home about a quarter of an hour before him—I did not know that they had agreed together to give up drink—I did not see a memorandum hanging up in their room to that effect—I don't know what time the prisoner came home on the Friday night; I did not see him; his usual time was about half-past eight or a quarter to nine—she came home between twelve and one a little the worse for drink—he came home afterwards without his hat—I heard him say she was a drunken beast—that was the first quarrel I heard—on the day of her death he was very drunk indeed, but he knew what he was doing; he looked as if he had
been drinking for days—a cup had been thrown from the window—he asked me if my husband was at home, I told him that was my business, not his; I called him a bad man, and asked him why he had been ill-treating his wife—I threatened to give him into custody for breaking my china—he did not answer me—I heard no dispute or quarrelling after two o'clock—when I went up I did not hear her say that he was asleep.
Re-examined. He told me that he was at work at Now Cross up to the Saturday night,
CATHERINE PROSSER . I occupied the top room front at 42, Goulbourn Road from the 7th to the 11th August—the prisoner and his wife lived under me—on Tuesday, 11th August, I came out of my room about twelve or half-past in the day—I saw the prisoner come up to his room—he knocked very loud and called, "Clara, open the door," three times, and he used most abusive language because she did not open the door—as soon as she opened it he caught her by the throat and threw her back into the room; and when he went inside the screams of the poor woman I shall never forget to my dying day—I did not see what the effect of that violence was upon her—he went in and shut the door, and there they remained for a little time—about half an hour or three-quarters of an hour after I heard the breaking of crockery—I went down to the flats and saw a teacup coming through the glass of the prisoner's back window into the back yard, and it broke in pieces down there—after that Mrs. Wynne came downstairs and sat in the w.c.—I spoke to her; there was some talk between us, and she went up to her room door—I waited on the stairs—she went and looked in at the door and said, "He is asleep on the bed"—she came away from the door and we went downstairs—we returned a second time and I stood on my steps—she went in again and said, "He is still asleep"—she went into the room and I went upstairs—I heard nothing more till between half-past four and five, when my attention was attracted by someone falling down the stairs leading to the shop—I went to the window and saw the prisoner leave the house—he walked out sideways, turning his back to Mrs. Mayhead.
Cross-examined. Friday night was the first night I heard any disturbance—on the Tuesday, when I saw the prisoner knock at the door, I was coming out of my room—I was on the landing—from there I could see the prisoner catch hold of his wife—I stated so at the inquest, and one of the jury, who lived in the house, said it was utterly impossible—I did not notice how far I could see into the room; I never tried that—when she went back the prisoner did not object to her coming into the room; there was something heavy up against the door—she did eventually go into the room; I don't know whether she locked the door, she shut it—my door was open the whole afternoon—I heard no quarrelling or noise during that time.
JOHN COOMBES (Inspector). On 11th August, about a quarter to eleven, I went to 42, Goulbourn Road, and in a back room on the first floor found the dead body of the deceased—I noticed a wound at the back of her head—a number of things in the room were stained with blood, among them a sheet under the woman's head, a rug hanging on a dress behind the door, a blood stain on one of the bolsters and a jacket body—there was a quantity of blood on the hearth-rug, which had soaked through the carpet on to the floor—the room was in great disorder, a
pane of glass was broken in the right-hand corner of the bottom sash, and the remains of a teacup was found in the area below; a broken earthenware jug was also found in the room, some blood was found on the blade bone and about the face of the deceased—I found no instrument with which the blow had been inflicted.
GEORGE ROBERTSON , M.D., of 150, Kilburn Park Road. I am a divisional surgeon of police—on 11th August I was called to 42, Goulbourn Road about a quarter to eleven—I went into the back room first floor, it was in great confusion—I saw the body of a woman lying between the bed and the fender, not against it—she had been dead for five or six hours at the least, it might have been more—there was froth coming from the mouth; she had a black eye, a wound on the top of the back of the head, an abrasion under the jaw, and marks of an old abrasion on the spine—the black eye was evidently of old date—there were no injuries that I could see of very recent date—on the back of the head was a small cut, half an inch in length, barely penetrating the skin, from which blood had flowed freely, and that was such a wound as might have been inflicted by a teacup thrown at the head—I saw a number of articles stained with blood; one was a sheet under the back of the head, under which was a small pool of blood—I made a post-mortem on the 13th—I found effusion of blood under the small cut, and a little blood about the nostrils, but I saw no other external marks—there was no indication of a sufficient loss of blood to cause death; in fact, on opening the body I found the internal organs gorged with blood—the brain and membranes were congested in patches—it is very difficult to say with certainty how the congestion was brought about—I don't think it was the cause of the injury to the back of the head—it might be due to chloroform or chloral hydrate—there were indications consistent with excitement—it is very difficult to say if the excitement was occasioned by offered violence.
Cross-examined. I made a very careful examination of the body; the only sign of recent violence was the small wound, it barely penetrated the skin—there are no large arteries there—the effect of alcohol is to send the blood to the head.
GUILTY of Unlawfully Wounding. — Six Months' Hard Labour, including ten weeks during which he had been in custody.
MR. HUTTON, for the Prosecution, offered no evidence upon this indictment.
NOT GUILTY .
There was another charge against the prisoner, for unlawfully neglecting and ill-treating her child, under sixteen years of age, upon which she was Acquitted.
NOT GUILTY .
MESSRS. C. MATHEWS and C. F. GILL Prosecuted, and MR. BIRON Defended at the request of the COURT. The learned counsel on the prisoner's
behalf consented to, and the JURY found, a verdict of GUILTY of a common assault. To enter into his own recognisances of £5 to come up for Judgment when called upon.
NEW COURT.—Friday. October 23rd, 1891.
Before Mr. Recorder.
MR. ELDRIDGE Prosecuted, and MR. HUTTON Defended Smith.
ANNIE FOXALL . I am the wife of George Foxall, a timber merchant, of 28, Knutsford Place, Marylebone—on Sunday night, August 3rd, between 11.30 and 11.45 I was in Edgware Road with Mrs. Taylor—I had a purse and a letter—four men came up to us, pushed against us, and one of them said to me, "Will you have a cup of coffee?"—we were near a coffee stall—I took no notice and went on—they asked me the question again; I said, "No thank you, I don't care for coffee"—they made my parcel fall, and two of them took hold of me and nearly pulled off my cape—they pushed me against the shutter of a shop and wrenched the purse and letter from me, and struck or kicked me twice on my leg—I was so frightened I could not call out, and they ran away—I called a policeman, and on the following Tuesday I pointed Martin out at the station—I had two shillings and a key, in my purse.
Cross-examined by Martin. You are not the one who kicked me; I charged you with stealing my purse.
ERNEST MORLEY . I am a cabman, of 28, Newcombe Street, Notting Hill Gate—on Sunday night, October 3rd, about 11.45, I was having some coffee at a stall in Edgware Road, and the prosecutrix cried out, "This man has stolen my purse"—I saw her struggling with Martin—four other men were there, but I cannot identify them.
Cross-examined by MR. HUTTON. I was four or five yards from them, but the other men were in shadow.
FREDERICK JAMES KIEHL . I am a coffee-house keeper, of 26, Circus Street, Marylebone—on Sunday night, October 3rd, I saw Martin and some others struggling with a woman at a turning before you get to my stall—they asked her if she would have a cup of coffee, and directly she got past the stall they pushed her against a shutter and stole her purse—I saw them make a rush at her.
Cross-examined by Martin. I saw you rush at her.
Cross-examined by MR. HUTTON. I was not more than four yards away.
MARGARET TAYLOR . I am the wife of George Taylor, of 2, Croydon Street, Marylebone—I was with Mrs. Foxall—I have heard her evidence; it is correct—two of the men took me by my neck and pulled me into the middle of the road—Smith is one of them; I am quite sure—I was about a yard from Mrs. Foxall.
Cross-examined by Martin. I saw you there with two other men—I could not identify you at the station, because I could not see your face.
Cross-examined by MR. HUTTON. Smith was placed with others—I gave a description of him to the police—I did not say he was dressed in grey clothes—I said he was dressed similar to what he is now, in a brown
check suit and an overcoat—he had an overcoat on when ho was placed with others—I did not tell the police he had an overcoat on; I was not sure—he had a round hat when he was with the others—the struggle was momentary; two made off, and the other two overtook us again five or six yards off, and Smith took Mrs. Foxall by her arm and held her—the cabman and coffee-stall-keeper did not come up; they had not time—Smith struck Mrs. Foxall on her back, and took her by her shoulders, and held her as she was crying for the police, and then he struck her—I was taken to the station to identify the man who kicked her, and I identified him; and ho is the man who had hold of me—I was indignant, but did not call out because there was no time.
Re-examined. These men were coming one way and we the other—I struggled with Smith, and am positively sure he is the man.
THOMAS THOMPSON (Police Sergeant). On 9th October I found Martin detained at Paddington Station—he was placed with others, and immediately picked out as the man who stole the purse; he was then charged, and made no answer.
JAMES JELLER (S 181). I took Smith in High Street, Notting Hill, on Saturday at 8.30; I was in plain clothes—I said I was a police officer, and should take him to the station on suspicion of being concerned with another in a highway robbery in Edgware Road on Sunday evening—he said, "Very well, then, I must go with you"—he was placed with a number of men at the station, and identified by Mrs. Taylor; he was charged and made no reply.
Martin's Defence: I am innocent of the charge. I have not been in Edgware Road for the last ten months, and Smith was never in my company, but I know him by sight.
MARTIN GUILTY . SMITH received a good character— NOT GUILTY .MARTIN then PLEADED GUILTY to a conviction at West London Police-court of larceny from the person, in the name of Herbert Martin— Six Months' Hard Labour.
Upon the opening speech by MR. ELDRIDGE, the COURT considered that there was no evidence.
NOT GUILTY .
The JURY being unable to agree were discharged without giving any verdict. (See New Court, Wednesday, October 28th.)
THIRD COURT.—Friday, October 23rd, 1891.
Before Mr. Common Serjeant.
MR. ORMSBY Prosecuted.
MARIA JOEL . I live at 21, Middlesex Street, Aldgate, and am the wife of Harry Joel—on Saturday, 12th September, when I was going to bed, I missed this diamond ring, worth £7, which I had last seen on the previous Tuesday in the dressing-table drawer—on the following Tuesday I spoke to the female prisoner about it, after I had found out her address—she said she knew nothing about the ring—she ought not to have gone to the room from which the ring was taken; she was a charwoman, and had to clean the scullery and stairs; she was not permanently employed on the premises—it is not my own house; I was staying with my mother and father there—the room was open, not locked—the ring was loose in the drawer—I employed the female prisoner—I am not certain of the day, I cannot say whether it was the 11th or 12th—on Friday, 11th, I employed her; she came in about three o'clock, and remained about an hour cleaning the scullery and stairs; she had nothing else to do—I knew nothing of the male prisoner.
JOSEPH GEORGE BUSBY . I am a licensed victualler, and keep the Swan, in Mansel Street, Aldgate—on Sunday, 13th September, the male prisoner came in—he told me he had found a ring two or three weeks ago on the wool warehouse floor where he was working—he asked if I would see whether it was gold for him, and I tried it with the stuff I try silver with—it was very black and dirty; I found it was gold—I had known him as a customer for some time—he said, "I am distressed for a little rent, would you give me 15s. for it?"—I gave him 15s. for it, out of charity; I did not know it was a diamond ring, the stone was so black and dirty—I never did such a thing before—on the following Sunday, 20th, I saw Sergeant Abbott, and gave him the ring, and made a statement to him—I know the female prisoner as an occasional customer—she was not with her husband on this occasion.
Cross-examined by Charles Mitchell. I did not offer you 15s. for the ring; you asked me what the value was.
THOMAS ABBOTT (City Detective Sergeant). On 20th September I went to 84, Mansel Street, and saw the two prisoners in a room on the top floor, where they lodge—I said, "I am a police-officer"—addressing the male prisoner I said, "I want to ask you a few questions about a gold ring that you alleged you found, and that ring you have sold"—he said, "I know nothing about a ring"—I then produced this ring and said, "This is the ring you sold to Mr. Busby, a publican, for 15s."—he said, "Yes, it is quite right; it is no good denying it"—the female prisoner said, "I picked up the ring; it was wrapped in a piece of paper outside 21, Middlesex Street," that is Joel's—I told them both they would be charged with being concerned together in stealing and receiving this ring, well knowing it to have been stolen—I conveyed them to the station—they made no answer to the charge.
William Charles Mitchell, in his statement before the Magistrate and in his defence, said that his wife gave him the ring when he came home from work, saying, "I have picked up this ring;" that on Sunday he took it to Mr. Busby, and told him he had picked it up.
Catherine Mitchell, in her defence, denied that she had stolen the ring.
constable to the place and wanted to give the female prisoner into custody—on the following Sunday I went to Busby—the ring was not discovered till Sunday, 20th.
CATHERINE MITCHELL, GUILTY . Six Months' Imprisonment WILLIAM CHARLES MITCHELL, GUILTY of receiving . Recommended to mercy by the JURY on account of his previous good character— Judgment respited.
MR. ROACH Prosecuted.
ALICE RICHARDSON . I live at 111, Kingsland Road—at a quarter to twelve on Saturday night, 17th September, I was standing outside the Potato Can public-house, opposite to where I live—the prisoner was by my side, and I turned and saw his hand in my left pocket—I asked him to give me what he had taken out—I had no sooner said it than he hit me with his fist in the face, which was swollen and bleeding when I got to the station afterwards—I had had 5 1/2 d. and two buttons in my pocket when I came out of my house, just before this occurrence—the blow did not knock me down—I held him till a constable came, and then I gave him in charge; I never let go of him.
HENRY GILLINGHAM . I live at 61, Green Street, and am a coat maker—on Saturday night, 17th. September, I was outside the Potato Can at a few minutes to twelve, and I saw Alice Richardson holding the prisoner, and accusing him of taking the money from her, and he said he had not taken any money from her—he wrestled himself away, and struck at her, and hit her on the side of her jaw—a constable came up, and she gave him in charge.
ALBERT ANDERSON (G 157.) On the night of 17th September I went up to the Potato Can, where the prosecutrix had hold of the prisoner—she gave him in charge for stealing 5d. from her jacket pocket, and also striking her in the face, which was swollen and bleeding—I took him to the station—only a pawn-ticket was found on him—five or six persons, I should say, were round there when I came up—they were helping him; when I took hold of the prisoner they got round me.
The Prisoner, in his defence, said he was standing there with twelve others, when the prosecutrix accused him of taking her money, and caught hold of his arm, and that he pulled his arm away, and she said he had hit her.
GUILTY . He then PLEADED GUILTY* to a conviction of felony in November, 1890.— Twelve Months' Hard Labour.
MR. ROACH Prosecuted, and MR. HUTTON Defended.
JOHN COOKE . I live at 35, Havanna Street, Millwall, and am verger at the Millwall Church—in 1879 I was verger of St. Peter's, Regent Square—I produce a Certificate, which is a true copy from the original register there. (This was a certificate of the marriage of Frank Arthur Page to Annie Gillett, on 11 th March, 1878.) I signed the registers as a witness, but I cannot identify the prisoner.
there, and I said to him, "I have received information, through Mr. Jenks, that your wife Florrie, whom you married about a month since at Fulham, has been to 32, Great St. Andrew Street, and has there seen a photo, which she recognises as you; she also saw a Mrs. Page, who stated that it was her husband"—he said, "That is false"—I conveyed him to South Fulham Police-station, where I showed him a copy of the certificate of 11th March, 1878—he said, "I am not the man"—I went to 32, Great St. Andrew Street, where I saw Mrs. Page, who accompanied me to the Police-station, and said, in the prisoner's presence, "That is my husband," and produced the certificate; the prisoner said to me, "Yes, it is true; I am sorry I gave you so much trouble"—he was looking at this certificate when he said it—he was subsequently charged before the Magistrate.
Cross-examined. One of these copies of the certificate was handed in at the Police-station by the first wife, and the other I got from Somerset House—the inspector was present when the prisoner made the statement.
FLORENCE MINTON . I am living at 11, Grimston Road, Fulham—on 1st September, 1891, I was married at All Saints' Church, Fulham, to Frank Arthur Page—this is the certificate—I had known him thirteen months; I believed he was single; he had always represented himself to be so—I subsequently lived with him as his wife at 44, De Noyser Street, Fulham—I then went to Great St. Andrew Street, and saw a photo there of Mr. Frank Page.
Cross-examined. I am prosecuting, and I have instituted these proceedings against him because I consider I have been deliberately deceived by him—I have not been married before—I had a child before this by Ernest James—I was called in the certificate of birth Florence Minton, formerly Scott; my maiden name was Minton; my mother's name was Scott—my name is Scott-Minton—I have not changed my name; it has always been Minton—I did not put Scott on the certificate; I don't know who did, and I don't know why it was done—I was never married—I never lived in the name of Scott—before I married the prisoner in September this year I was staying at my sister's, 11, Grimston Road—I was in business before that—I have known the prisoner four or five years; I lost sight of him for a few months, but, with the exception of that, I have seen him constantly for four or five years—I was seriously ill this time last year—I did not write to the prisoner and ask him to look after the child after my death—I did not write—he did not come and see me—I have no child by him—I saw him nine or ten months before the birth of the child—I think the child was eight or nine months old before I saw him again, I met him by accident last February—I did not ask him to look after the child; he did not suggest marrying me and adopting the child, and going to a colony; he asked me to marry him the second time, and I told him all the circumstances of the case—he never supported the child—it was not living with us when we lived together—we were only together three weeks.
Re-examined. He is a theatrical manager; I and my sister met him in February last, and he renewed his attentions to me, and I told him all about the child, and he said it would make no difference, and that he thought all the more of me for having had a child and still living a straight life—he then renewed his offer of marriage a second time—he wished the child to take his name, but I would not allow that—I had
other offers besides his—I decided to marry him—he was not deceived in marrying me—he knew everything.
MARY ANN CALLAGHAN . I am a widow, of 32, Great Saint Andrew Street, Bloomsbury—the prisoner, in last May, came with his wife and little girl and lodged with me—the wife is still lodging there—I saw the prisoner there in September, and believe he and his wife lived as man and wife there.
Cross-examined. He engaged the rooms with Mrs. Page—I have seen him there.
GUILTY.—The prisoner's wife desired to recommend him to mercy. Three Months' Hard Labour.
833. NAOMI SOPHIA WESTWATER (21) , Unlawfully obtaining, by false pretences, from Alice and Thomas May, certain food, liquors, and 18s., with intent to defraud; Second Count, For unlawfully incurring a debt and liability to the same persons; Third Count, Obtaining, by false pretences, from Marian and William Powell, certain food, liquor, and money, with a like intent.
MR. ELDRIDGE Prosecuted, and MR. HUTTON Defended.
ALICE MAY . I am the wife of Thomas May, of 9, Westferry Road, Millwall—on 27th July the prisoner came and asked if I would take her in as a lodger—she said her father had died and left her several thousand pounds, and after everything was over she would compensate me for her board and lodging; she also said that her mother was killed on the railway at Tunbridge Wells; she was left houses and property, and she would compensate me after the funeral was over—she made the representation about her father first, on the 27th July; and the other representation about her mother on 2nd September—I did not think on the 27th July that her statement was true; nor did I on the 2nd September believe that that one was true—I lent her eighteen shillings in July and September, two shillings at one time, and half-crown at another, because she told me that after everything was settled and signed she would compensate me for what I had done—she was in my house five weeks—I put down the value of the board and lodging she had at ten shillings a week.
Cross-examined. I expected a little increase in the future on the money I lent her as compensation.
Re-examined. The only compensation I expected was the value of her board and lodging—she was having eight shillings a week from her husband—I never received a farthing of that—I know she is married; she came to me with a deplorable story, and said she was starving, which was not true.
MARIAN POWELL . I live at 132, Bow Road, and am the wife of William Powell—at the end of May the prisoner came to me—I had seen her twice previously—she said she was very faint and tired; she had been to St. Paul's Church—I was going to have tea, and I asked her to have a cup, and I boarded her for a fortnight after that—she did not lodge with me—on the first evening she came I lent her three shillings; she said she wanted to pay a bill for food; would I lend her three shillings as she had a mantle to make, and she would pay me back—on the following Friday week she said she had £905 coming to her, and would I lend her five shillings for the probate stamp; she wanted ten
shillings for two stamps, but she thought she could get one for five shillings, and on the Saturday she came again, saying they would not allow one stamp without the other, and I lent her the other five shillings, so that she had ten shillings for the two stamps; she said her father had left her this money—she left my house just a fortnight after she came—I parted with my money because she was with me for a fortnight every day, and I believed what she said.
Cross-examined. She told me about the £905 after she had been with me a week, on the Wednesday—she said nothing about the £905 until about the Thursday, when she said, "I have got my money"—on the first day she had a cup of tea and some bread and butter and went home—next morning she came and stayed all day—she told my friends she had money previously—I believed all she said, and it was believing that that I lent her the ten shillings, believing that she was coming into £900, solely that—she had no luggage or anything when she came to me—she asked me to mind a few pictures and a parcel when they were moving, and she left me the duplicate of what she said was a diamond ring to sell—my husband gave it back to her—she owed me thirteen shillings when she left, and about ten shillings for food; twenty-five shillings would cover it all—the ring was pledged for fifteen shillings—I should not like to give more than sixpence or eight pence for all the pictures—I suppose no one would give more than three shillings for the pictures, photos, fans, and everything—I did not know I could keep those as security; she asked me to mind them, as they were moving—I did not ask her to leave them.
Re-examined. I did not want the things—she told me her father had left these things.
NAOMI DAVIS . I live at 134, Clarendon Street, Harrow Road, and am a widow—the prisoner is my daughter—my husband died in Paddington Workhouse Infirmary—he did not leave my daughter £900—it is not true that I was killed in a railway accident.
Cross-examined. The prisoner is twenty-three—she was in service, and was seduced and had a child, and then married another man some time after.
WILLIAM DOE (K R 30). On 18th September I arrested the prisoner at the instance of Mrs. May—I read the warrant and cautioned her—she said, "I am innocent; you can take me anywhere you like as long as you don't take me to my husband"—I arrested her in the workhouse, where she was an inmate.
MR. HUTTON submitted that there was no case to go to the JURY; as to the first and second Counts, if any false representations were made, they did not operate upon the mind of Mrs. May; and as to the last Count, no existing false pretences had been made, but only future promises. After hearing MR. ELDRIDGE, the COMMON SERJEANT considered that under the circumstances the safer course would be to direct an acquittal.
NOT GUILTY .
OLD COURT.—Saturday, October 24th, 1891.
Before Mr. Justice Wright.
834. JOHN BALFOUR HUTCHINSON (23) and ALEXANDROS JEANUI (29) , Feloniously having in their custody and possession, without lawful authority, certain plates upon which were engraven undertaking for the payment of money of the Empire of Russia.
MESSRS. CHARLES MATHEWS and HORACE AVORY Prosecuted; MESSRS. C. F. GILL and A. GILL defended Hutchinson; MR. HUTTON defended Jeanui.
ALFRED SAMUEL BACON . I am an engraver, at 5, Gough Square, Fleet Street—in May last Hutchinson came to me and said that he had succeeded to the business of Mr. Sison, an ornamental engraver at Birmingham, and he brought me a rough drawing in pencil of a piece of work which I executed; this (produced) is the plate, numbered 2—he said it was not satisfactory, not the pattern he required—on June 3rd he called again, and by his instructions I made, this plate, No. 13; it is an ordinary everyday pattern, of which we keep a large quantity in stock, it is a diagonal line plate, used for tints and backgrounds—the next order he gave me was some time in June, this is the plate, No. 10; I executed that from a drawing he brought me; it is a border with a black centre; he came and fetched the plate after I had worked it out—I said to him, "This looks to me like a coupon, do you know for whom you are doing it?"—he said, "A stranger called on me and asked if I could draw," he replied, "Yes, I can draw anything"; that he gave him a little square and said, "Will you make a drawing from that and engrave it?" and he said, "Yes. "Subsequently to that I did another plate, No. 3; I did that from a drawing which he brought; that was to go inside No. 10—I afterwards executed plate No. 12, that was in July; that was done from a pattern, the same as the outside of No. 10, but worked in a different direction, longitudinally—I did No. 12 from verbal instructions by Hutchinson—f also did this plate, No. 11, in August, I don't know the exact date; I did it from a drawing supplied by Hutchinson, because plate No. 3 carried too much colour for his customer; he wanted it more open, to print lighter; these papers marked "G" and "J" have been printed from these plates.
Cross-examined by MR. GILL. Hutchinson told me that he had been at Waterlow's and at Taylor and Co.'s; those are two of the best known firms—he did not say how long he had been at Sison's—since he has been in business for himself I have been to his place on different occasions after I had this order from him—I had no reason to suspect that this was not an ordinary transaction—it might have been a label, or a season ticket; these things are used for those purposes, and for companies, and some for ink labels; there is nothing remarkable about it—Hutchinson told me he had this order from a stranger; his work is that of a picture engraver, he would not do this kind himself; the principal part of our business is trade work—persons who get orders come to us to do the work; there are not many persons who do it; it is done by machinery—I have been in business forty-seven years—I did not consider that there was anything improper in what I was doing; I only had drawings to work from—it was only when I was working it out I thought it might be a coupon, and I said to him, "Do you know what you are doing it for?"—there was nothing peculiar about the work he asked me to do—he made no secret about it—he told me the man had gone to Bristol and he could get no reply from him—I regarded it throughout as a bond fide transaction.
Re-examined. I have not had such work before, knowing it to be for coupons, but we do all sorts of patterns—I have repeatedly done such
work—it was when I finished No. 10 that I said, "This looks like a coupon; look after your money "—this was in June.
JAMES HART TAYLOR . I am an engraver, and live at St. Augustine's Road—I am employed at Messrs. Waterlow's—I knew Hutchinson when he was employed there—since November last we have lived together—some time in July last he asked me to do some work for him; it was plate No. 7 (a seal), the lettering round the ring at the back; he brought me this (marked L) to copy from—I then executed this plate—at the end of July he brought me this paper (A), from which I made this plate, No. 14; he simply asked me to do it as an ordinary job; I could not say what he said exactly—I understood it was for Jeanui, but his name was Collier at that time—he did not tell me that the first time—he did not know any name at first; the only name he knew him by at that time was "The Frenchman"—I saw the man at Hutchinson's office during the time the work was in progress, three times, I think—it was after I had done the plate that I knew his name—I was asked to make an alteration in the date from 1891 to 1892, I think, by Jeanui, at Hutchinson's office; Hutchinson gave me the order, but Jeanui was there—this was quite at the end of July—I can't say exactly how long it took me to do the plate; I did not do it at one sitting, it was done about three weeks or a month after the order was given.
Cross-examined by MR. GILL. I am a Scotchman; most of my fellow-workmen are Scotchmen—I have been an engraver about twelve years—I have been about eighteen months in Messrs. Waterlow's employ, before that I was employed at Glasgow—I work out of hours for Hutchinson—he is about 23 years of age—he has been a few months in business for himself, he is a Scotchman—I did not think that there was anything wrong in this, I could not tell; I had no suspicion about Jeanui, he appeared to be a respectable man—I did not know what the wording on this thing was—we talked about it, and could not tell; we did not know what language it was in, whether it was Hebrew, Greek, or what.
Cross-examined by MR. HUTTON. I saw Jeanui there on two or three occasions—I only had conversation with him once—I understood most of what he said; I understood the sense; he spoke very broken English; I cannot speak French.
Re-examined I first knew Hutchinson about eighteen months ago; he was then in Waterlow's service; he came a short time after me.
By the COURT. I cannot read French—Hutchinson does not understand French that I know of—I did plate 14—I see the word "coupon" there; I did not notice it when I was making the plate.
GEORGE GORDON . I am an engraver, and am employed at Messrs. Waterlow's—I have been living in the same house with Hutchinson for the last two years—I did some work for him this year; I believe the first was some time in May or June, and until his arrest I was doing work for him nearly every week—I did this plate, No. 6, at his instructions—he gave me a small label like this to copy from; I returned it to him—he said nothing particular about it; he asked me to do it, the same as I have done for other persons—he said it was for some gentleman, he did not know his name at that time—I also did this plate, No. 5, partly, the alterations; he gave me for that a similar copy to the other one—I also did plate No. 4, for which he gave me a copy like this (marked K)—I could not say whether this was the one—I had not finished that at the
time of his arrest; I was still at work on it—I once saw Jeanui in Hutchinson's office when I was working there; he was merely standing there, looking on and talking to Hutchinson, and he looked on me while I was doing this work—nothing was said about his name then—later on Hutchinson said he had received a letter from him, inquiring about some work—he showed me the letter; it was signed "Collier," and after that I understood his name to be Collier—I believe I saw him there three times on occasions when I called on Hutchinson, as I very often did after business.
Cross-examined by MR. GILL. I am a Scotchman—I have been an engraver about twelve years, continuing my. apprenticeship—I have been at Waterlow's about five years—I have seen an enormous amount of work done there—they do a large amount of company work, and a great deal of ornamental work, and all sorts of engraving—I knew Hutchinson when he was there as an ornamental engraver; I knew of his starting for himself a few months ago—there was not the slightest concealment between us with regard to the work that was being done—I did not know what the thing was that was given me to copy—I am twenty-seven years of age—I thought the language was Hebrew, because I saw a Hebrew copy one day, and I thought the letters were something like—I do not understand much about this coupon work, except copying the letters, and so on; doing it mechanically—I don't understand what it means—when I saw Jeanui at the office I spoke to him; I do not understand French, nor does Hutchinson, as far as I know—I thought Jeanui was a Frenchman; we always spoke of him as such, till Hutchinson received the letter signed Collier—I told Jeanui that I could not copy this exactly, and he said it did not matter, and he gave certain instructions to alter them—I have never had an imputation on my character—I did not know what this coupon was.
Re-examined. As to this coupon, I could see that one side of it was not in the same language as the front; but I have no knowledge either of French or Russian—I did not take that to be in Hebrew—I do not observe the word "coupon" there—I do the work mechanically, and perhaps after I have done the job I could not tell what the writing was; it did not strike me that it was in the nature of bank notes, or securities of any kind, or I should not have done it—the things done for the Government are not the same kind—the paper shown me to copy from I call very common work; I could not say what they would be used for; they may be used for labels, admission tickets, or anything like that.
WALTER CHARLES HOLDER . I am an engraver—I formerly carried on business at 4, Newgate Street—Hutchinson came there about the beginning of June last, and asked me to do some work for him—I did part of the plate No. 8, the border, by Hutchinson's instructions; he gave me a drawing to work from; he said it was for a customer in the country—he subsequently brought me a tracing of a background on gelatine, and by his instructions I made a copy of it on a plate, and he took it away—he afterwards came and gave me instructions to engrave another plate (No. 1), I did this from this coupon (marked B)—I gave him the plate on a Saturday just before his arrest, about 5th September—I mentioned the matter to my father, and he communicated with the police—I put the coupon with the plate—I know Jeanui—I have seen him twice at 4a, St. Paul's Churchyard, Hutchinson's office—the first time he was sitting
there in the easy-chair, and on the second occasion he was in an office leading from that—there was no discussion in his presence about the work I was doing, I had no conversation with him—Hutchinson told me he was one of his customers from the country—he never told me whether he had anything to do with this business.
Cross-examined by MR. GILL. I have been four years in business; before that I was an apprentice—I have seen a great deal of all class of. work—when I first saw this coupon I did not know what it was—I did part of this plate, and my father did the rest by machinery, he is a man of great experience, he has had some experience in bank forgeries—the price at which I did the work was the ordinary price—I saw Jeanui twice, once when Hutchinson was there and once when he was not.
David Taylor was called on his recognisance and did not answer.
JAMES LYALL . I am an engraver, at 7, Nicholas Street, Bristol—in the spring or summer of this year I became acquainted with Jeanui, I think it was about June Mr. Spriggs, a printer, introduced him to me; they came to my place of business together; upon the instructions of one of them I engraved a portion of these two plates, Nos. 8 and 9—I did the lettering on No. 8, that had the date on it 1892; No. 9 was altered from 1891 to 1892, the plate was knocked up from the back, then levelled and then re-engraved; this was done under Mr. Spriggs' instructions—Jeanui was not present when the order was given—I received from Mr. Spriggs these three coupons—when he and Jeanui came together Jeanui wanted to know what style of work I could do—I showed him different sorts of work I had done—he was very well satisfied with it, and he wanted to employ me; he would not tell me for what; it was to do general engraving work for him—nothing more was said on that occasion as to the character of the work to be done—after that Mr. Spriggs came with these little jobs—he gave me the coupon and gave me instructions, and when it was done he called for it—I gave him the plates and the coupon—I only saw Jeanui once.
Cross-examined by MR. GILL. I never saw Hutchinson till I came here.
FREDERICK JOHN SPRIGGS . I am a printer, at the City and County Chambers, Bristol—I first made Jeanui's acquaintance in March, I believe at my office—he came there to look at an office in the same chambers, the key of which I had—he paid me several visits—on one occasion he said he thought he could give me some printing work to do—then I lost sight of him for several weeks; then he visited me again, and brought some plates—I don't know how many at first—these are the plates (Nos. 5, 6, 8, and 10)—these are the first four he brought—my instructions were to take impressions from them and place them together for him to see how they appeared—I did so; he then brought me these four other plates, 7, 11, 12, and 14, and gave me the same instructions with regard to them, and I executed them in the same manner—he afterwards gave me an order to print 3,000 impressions—I did so, and he called for them and took them away—he afterwards told me that the first lot, dated 1891, was wrong, and I did him a second lot of 4,000, dated 1892—after I had finished the first lot he brought me these three coupons as patterns for the second impressions—it was in April, I think, that he first spoke to be about the printing—I did not commence printing them till the latter part of June—the last time I saw him in relation to this
transaction was on the Saturday previous to his arrest; he was in my office that day—he said he was going to London next Monday—there was left on my premises a number of these plates and a number of the printed impressions, as well as the three coupons—I remember going to Mr. Lyall, and taking him instructions to engrave some plates—Jeanui told me to do that; he told me to get them done for him, because they were to go in place of the others, dated 1891.
Cross-examined by MR. HUTTON. The whole of the conversation was I between Jeanui and myself, not with any of my assistants—I have been in business about six years—he called the things labels for friends abroad—I was satisfied with the information he gave me; he appeared to be a respectable man—the coupons I printed I took to be some kind of drawings for lottery tickets—I did not believe them to be imitations of bonds; it is obvious to me that they are not imitations of real coupons—the price I received for the work was a fair price.
Re-examined. I received the genuine coupons, and from them I was to do the work as nearly as I could—I do not snow French.
EMMA ALLEN . I am a clerk in the office of St. Bartholomew's Hotel, in College Green, Bristol—Jeanui came to lodge there on 16th July last; he occupied room 45—he gave the name of Alexander Jeanui—he left on Monday, 7th September—he said he was going to London, and would return the same evening; he did not give up possession of his room—that was the room into which the police went when they came to Bristol to make a search—a telegram came for Jeanui on 4th September; I gave it to Mr. Collins.
WILLIAM WRIGHT (City Inspector). On 5th September, about noon, I was with Sergeant Low—I saw Hutchinson in Newgate Street; I stopped him, and said we were police officers, and asked what he had in his pocket; at the same time I took from it this packet, containing plate No. 1 and coupon B—I asked from whom he had received it—he said from Holder—I said we should charge him with the unlawful possession of that plate, and we conveyed him to the station—Holder was with him at the time—at the station Hutchinson asked if he could be allowed to go till Monday—I said, "As you have given no explanation with reference to this plate you will have to be charged"—he then said that he had been doing some work for a man at Bristol—I asked if he knew his name—he gave his name as Collier—I said, "What address?"—he said, "40, Park Street, Bristol"—afterwards he said he had changed his address about three weeks ago, the last address he had was some hotel, he thought on College Green, and he thought I should find his address in a letter at his office, and also some proofs of the work he had done—I asked him how many transactions he had had with this man—he said nine or ten—on searching him I found two letters among other things, and also the receipt of a registered letter—the two letters are marked C and D, and both of them appeared to be signed "Collier"—they are very indistinctly written—he Said he had sent a plate in the registered letter to Collier at Bristol, and this was the receipt for it—it is dated 19th August, 1890—that is the Post Office stamp—t asked for a description of Collier—I went to Hutchinson's office, at St. Paul's Churchyard, 4a, on the fourth floor, and there found plates 2 and 3, and these proofs taken from plates 2, 5, 3, 6, 7, 10 and 11, they were all together in a drawer—I also found a little drawing of the border in plate 8, and another letter from Jeanui—on
7th September I went to Bristol, to St. Bartholomew's Hotel, and there made inquiries for Jeanui, but did not find him—on Tuesday, 8th, I went to room 45 at that hotel—I there found 198 sheets signed Low, in a letter-box—when at Hutchinson's I found these two books, one called a ledger and the other apparently a cash-book—I found entries under the head of "French," the name of Collier does not appear—in the address-book there is the name of Collier, College Green; I got the correct name from that book. (MR. MATHEWS stated that there were certain items in the account-book of sums received and paid.)
Cross-examined by MR. GILL. Hutchinson at once gave his correct name and address.
Cross-examined by MR. HUTTON. I went to Bristol with the last witness—I searched the trunk there; I happened to have a key in my pocket which fitted it—the prisoner was absent at the time.
FREDERICK DOWNES (City Detective Inspector). About eleven in the morning of 8th September I saw Jeanui go to 4A, St. Paul's Churchyard; he went up to Hutchinson's office and tried the door, it was locked—I followed him to the White Swan in Carter Lane, and afterwards to the Albion; I instructed two other officers to watch him—about three in the afternoon I went up to room 15 and there found Jeanui in bed—I said, "Your name is Collier"—he said, "Me no Collier"—I said, "I know it is, get up; what have you got in your clothes here?"—they were hanging up on the door and on the bed—I searched his clothes and found the plate No. 14 and eight different coupons; one is a fac simile of plate 14, it is for twenty-five roubles; I also found seven other coupons and a one hundred rouble note—I said, "You will have to go to the station with me, and you will be charged with having a plate in your possession for the purpose of forging Russian coupons, and you will be further charged with forging this plate"—I took him to the City, and he was charged with being concerned with Hutchinson—he said, "I did not make any engraving"—I found on him this passport, dated that same day, 8th September, for Constantinople.
Cross-examined by MR. GILL. In St. Paul's Churchyard, where Hutchinson had two rooms, there was a written notice on the door, "J. B. Hutchinson will be back in a few days," and in the street there was "Hutchinson, Engraver. "
Cross-examined by MR. HUTTON. I believe I have stated all the conversation with Jeanui—he made some demur to my taking possession of his property—I have made one omission, I said to him, "You know Hutchinson, and you have just come from Bristol"—he said, "Yes"—I think he speaks English well—the whole thing occupied probably an hour.
By the COURT. I believe he understands French; he said at the Guildhall he could speak four languages; he did not say which they were—his passport describes him as a Greek.
ROBERT ROBINSON (Bristol Detective Sergeant). On 9th September I went to Mr. Spriggs' office at Bristol, and there found the nine plates marked 5 to 13, also 59 sheets of coupons, eight on each sheet, 58 other sheets of coupons of 4 roubles 32 copecks, and 123 sheets of coupons of 32 copecks printed on one side only.
WILLIAM WBIGHT (Re-examined). The letters found on Jeanui from Hutchinson are in French and Russian, some of them have been translated; I found this bundle of letters in Jeauni's room, there are none from Hutchinson but these.
ARTHUR NADERNI (assisted by an interpreter), I am chief of the engraving department of the Imperial Expedition of St. Petersburg—from that department all rouble notes, stamped billets, coupons, and obligations of the Imperial Government are issued—I have seen all those that have been produced here to-day; they are genuine coupons for the sum which appears upon them, and they would be obligations which would be met in the ordinary course of things on presentment by the Government of Russia. [Referring to coupons A, B, C, D, E, F, and H 1, H 2, and H 3 passed by Jeanui to Spriggs, and by Spriggs to Lyall]—I have seen the fourteen plates which have been put in evidence—they could all be used for the purpose of printing coupons purporting to resemble coupons which would be made by the Russian Government—plate No. 7 purports to bear upon it the impress of the Imperial Government seal—that seal is placed upon the back of the coupons issued by the Imperial Government—these coupons [another bundle of coupons for 2 roubles 16 copecks each] are spurious and forged coupons of the Russian Savings Bank Department—that is a department of the Imperial Bank, and the obligations are met by the Imperial Government, those obligations being issued in the first instance by the Imperial Expedition—a rouble is of the value of two shillings in English, and equals 100 copecks—these coupons of the value of 4 roubles 32 copecks are forgeries—some of these papers are printed on one side only—the bulk of them are printed on both sides—the latter are finished—of the others one side is finished, the other side is not finished—we have on our billets a second printing—this is light yellow, and their paper is light yellow, but has only one impression; the other is not taken, though it is yellow paper—the seal on No. 7 is on the back side of the four coins in the billet—during the adjournment I have looked at some of the letters found on Jeanui—one is in Russian, the others are in Greek—none are in French—the letters and figures upon the alleged forgeries before me, which are not in French, are in Russian—these billets are all in Russian—the Russian characters correspond with no other language, we have different letters—the French is a translation of the Russian, it is the same meaning.
Cross-examined by MR. HUTTON. The alleged forged coupons are not upon the same paper that the genuine coupons are printed on—we have on our paper a water-mark—the others are on ordinary paper—you can see that at once—some are finished and some are not—some have seals and some have not.
Re-examined. To see the difference between the genuine and the false it is necessary to use a magnifying-glass—seeing these at first sight I could not directly say they were forged—Nos. 13 or 14 plates may be used for printing coupons for 2 roubles 50 copecks, and for 55 roubles—Nos. 2 and 4 are experiments or proofs in relation to the same subjectmatter—Nos. 3, 5, 6, 7, 8, 9, 10, 11, and 12 are plates used for the production of the savings bank coupons—Jeanui had no authority from the Russian Government to issue, print, or engrave plates for any such obligations as these.
Jeanui's statement before the Magistrate: "The plate was found upon
me, but not for coupons, but for a commercial purpose, as labels. There is the difference. The plate found upon me I do not know what is written there, as the lettering is backwards, and I brought it, as it was not done according to my wish, to give back and tell him what letters ought to be done on it, because I told him when I left the genuine coupon to engrave not exactly the same, because this one which I leave is a Russian coupon. I cannot say if I said Russian, but I said 'It is a coupon, and cost money.' I explained to him to make some alterations there, as the order as a label, and as not to answer the same purpose as the genuine. Well, he said I will try to make some alterations in it, but I tell him (I mean Mr. Hutchinson) not to forget about the alterations, and in order to prevent any mistake I proposed Mr. Hutchinson to engrave it if it is possible in my presence, in order to indicate what alterations have to be done in my order. He answer me that you can leave the genuine coupon and go to Bristol to have quiet, and without any doubt that the alterations you require will be done as far as possible. I asked him if he did understand me what I told him. He told me, although you do not speak so clear English, and I cannot understand you distinctly, I see that you want alterations, and I will do them. Before going away where I left the genuine coupon, where is written twenty-five roubles in two languages, in Russian, which he could not understand, and in Latin characters; letters, I mean, on the back, which letters can read every Englishman, as they are English, although I told him before that it was a coupon; but I repeated him that he don't want to make for me a coupon. I left the coupon and went to Bristol. This is for the last plate found on me on the date of my arrest. I wish to reserve my other defence. Of the plates found on me on the day of my arrest I saw one alteration, as I could as I thought that the letters were backwards, and I could not see distinctly if there was any other alteration is engraved instead of 1891 as is the genuine and the plate is 1892, and I consider that it is not the same, and cannot answer the purpose of any coupon, but everyone can see that it is a label, because who could take it and pay money for it. It is impossible to take it as a coupon and be changed. "
HUTCHINSON— NOT GUILTY .
JEANUI— GUILTY — Seven Years' Penal Servitude.
Upon three similar indictments against Hutchinson no evidence was offered.
NOT GUILTY .
NEW COURT.—Saturday, October 24th, 1891.
Before Mr. Recorder.
835. JOHN CULYER (37), WILLIAM POOL (20), and HERBERT KAPPS (29) , Unlawfully conspiring to steal a case of silk, the property of the London, Tilbury and Southend Railway Company, and inciting John Franklin to steal the said case. Other Counts, for conspiring to steal cheeses from the said Company.
MR. BODKIN and MR. TRAVERS HUMPHREYS Prosecuted, MR. SINCLAIR Cox Defended Pool, and THE HON. BERNARD COLERIDGE Defended Kapps.
and Southend Railway Company at their depot in the Commercial Road, which is underground—there is an avenue down the centre for carts to drive—on either side of the avenue are arches containing goods consigned to the company—about three-parts down the avenue is what is called the short dock—the place is lighted on the banks by gas; there is not much daylight—on 29th June some cheeses were consigned to the company—I counted them that day; the right number were in the parcel, 688—I counted them again on 6th July, and found 687—there was one short—the value of each cheese was about 85s., and the weight 74 lbs.
Cross-examined by MR. COX. There is a roadway down to the arches for the vans to drive down.
ALFRED WOOTTON . I live at 46, Lucas Street—I am a checker for the Tilbury Railway Company—on 20th August I was checking goods coming from the docks on the Continental Sank, as it is called, about 7.40—I checked the last truck of that particular train; the goods came from the ship Viola—among those goods was a case of silk, marked "J. H. "—this is the railway note, "J. H. 2653"—I signed the note for the goods at 7.50—the case of silk was in good condition—it had not been tampered with—it was put in the short dock—that is about twenty feet from Moore's office—I went off duty at eight a. m.—the case was then safe.
Cross-examined by MR. COX. There were about seven or eight or a dozen carmen that time of the morning—there might be twenty.
Cross-examined by MR. COLERIDGE. I had not seen Franklin that morning before I left—he had not been to the depot that morning, to my knowledge—he would not come to me—no orders are received before eight on the Continental Bank—I am satisfied that up till eight the silk was there—I saw the foreman installed that morning.
WILLIAM SMITH . I live at 215, Devons Road, Bromley—I am a checker for the Tilbury Railway Company—on 20th August I went on duty at eight a. m.—I relieved Wootton—Franklin came to me about 8.15—he showed me this document. (A request to station master to deliver to Kapps, the carman, the case of silk marked "J. K 2653")—I searched for the case; I could not find it—I looked in the short dock and several places—I wrote on this document "Not to hand" in pencil—I spoke to Moore about it—I gave the paper back to Franklin and instructions what to do—a little afterwards I got this paper back from him—I then signed, "W. Smith, 20/8/91"—the case has not been found—that morning I saw Pool and Kapps between 30 ft. and 40 ft. from the short dock—I did not notice any vans—they were standing in conversation at the corner about 9.30.
Cross-examined by MR. COX. I am pretty sure I saw Pool—to the best of my belief they were there.
Cross-examined by MR. COLERIDGE. There were three or four carmen talking together—I had known Kapps—no one is in charge of the short dock; the foreman stands against his box about 20 ft. away; no one particular is in charge—there might be someone checking.
Re-examined. There was nothing to arouse my suspicion that Kapps and Pool were there for any unlawful purpose—I said before the Magistrate, "I saw Kapps and Pool.
to Franklin for delivery of a case of silk at my office in Baker's Bow about seven a. m.—his duty was to take it to the depôt, and to collect and deliver the case of silk—he returned with it marked, "Not to hand"—I then gave him some instructions—he brought it back signed "W. S."—about seven or half-past seven I saw Culyer—I told him to take his horses to the depot, attach them to the van, and bring from the Metropolitan Wharf twenty-eight bales of cotton to the depot—the van was at the depôt—I told Pool to go with him—they then left Baker's Row—I saw Kapps at Baker's Row about seven a. m.—I told him to take the load he brought back the previous day, and deliver it—it was in the depôt, where he had left it on his van—he should have left the depôt by eight o'clock—the other men would leave the depôt about eight—I followed them to the depôt—I got there about half-past seven—I saw the three prisoners and Franklin—Franklin was not with the prisoners, he was in the arches—I saw the vans and horses in the arches—the prisoners were sixty or seventy yards from Franklin, in a different part of the arches—I again saw Franklin when he brought me back the paper—Franklin said something about the case of silk on 22nd August—on 24th August I discharged the three prisoners, partly in consequence of what Franklin said Franklin was not at work on 21st August.
Cross-examined by Culyer, You were attaching your horses underneath the arches when I came down to the depôt.
Cross-examined by MR. COX. Franklin made a statement to Mr. Gibbs and me—I only discharged the prisoners partly in consequence of what he said—I discharged them for keeping bad time—I gave them that reason—they came that morning at nearly seven o'clock instead of six o'clock.
Cross-examined by MR. COLERIDGE. "We received a County-court summons after we discharged Kapps—these proceedings were taken before that—the summons was a week or a fortnight after the men were discharged—Mr. Gibbs may have had a letter before that, I do not know.
Re-examined. Not Gibbs, but the Railway Company prosecute in this case—Messrs. Gibbs contract to deliver Perlbach's goods—I cannot say whether a warrant was applied for five days after the summons was issued—Franklin left of his own accord.
By MR. COLERIDGE. I cannot say if there was, as I have not seen any letter from Kapps' solicitors prior to the action being taken in criminal proceedings—I know of none.
Re-examined. Before I discharged the men I heard from Franklin about this matter.
HENRY CHARLES LEGG . I am a clerk at the Commercial Road Depôt—it is my duty when carmen have to leave the depot to give them a pass—no permit or pass is made out when empty vans go out because there would be no delivery order—on 20th August Kapps, about 9 or 9.30, came to me for a pass and I made out this permit for five bales and two cases; Kapps' name is on it—it is dated 19/8/'91, because I made a mistake; I had not altered the movable calendar in the office—I noticed that he was flurried and excited—I examined the delivery notes and found them correct—he would ask me for a pass for the proper quantity as shown by the delivery notes—I afterwards saw Mr. Munro, the superintendent, and made a communication to him in reference to Kapps; that
was after I heard of the loss of the silk—Franklin also came to me that morning.
Cross-examined by MR. COLERIDGE. My duty is to see that what appears on the document which the carman brings, is compared with what appears on the permit—these five bales and two cases do not include the silk.
Re-examined. It is the rule to make out the pass according to the delivery order, but he would not have any delivery order—this pass would not allow the carman to leave with goods not mentioned on it—it is not my duty to search the vans as they leave the yard—the pass was to be given to the constable on duty, whose duty it was to see that only seven parcels left the yard.
JOSEPH CHEEK . I am a gatekeeper in the employ of the Company—on 20th August I was on duty part of the day at that particular gate; I went on duty at 8 a. m.—a carman came up with a van about 10.35, and gave me this pass with the name of Kapps on it—I looked round the van, counted the packages, and saw nothing which did not correspond with the pass—I marked the time on the pass and signed it—a case of 25 lbs. of silk, flat and lone, might have been in the van without my seeing it, especially if the tarpaulin was up and it was a wet morning.
Cross-examined by MR. COX. I do not know the size of the package, but I should say it could be put in the bag with the horses' food—I heard it described as about two feet long—I. believed at the time that nothing went out except what was on the pass.
Cross-examined by MR. COLERIDGE. I was not a new broom; I only went from one gate to another—I counted the packages in the van, and failed to find any more than were on the pass—there were five packages and two bales.
Re-examined. I do not look in the bait bag unless I have any suspicion—I lift the tarpaulin up and examine it—two or three vans sometimes come out together.
JOHN HAMPDEN . I am examining officer of Customs at Tilbury Dock—on 8th August the steamship Viola discharged her cargo, and I noticed a case marked J. H. 253; it was opened by the dock officials in my presence, and contained silk in the piece—the box was fastened up again; it was about two feet six inches long, eighteen inches deep, and about the same width.
Cross-examined by MR. COLERIDGE. A bait bag must be rather large for the package to go into it.
JOHN FRANKLIN . I live at 42, Ellen Street, Back Church Lane—on 24th August I was a carman to Gibbs and Co; I entered their service on June 29th—the three prisoners were sometimes employed by Gibbs—on July 1 I saw Pool carrying a cheese, he put it on his empty van in the arches—Culyer was there, his van was loaded—in each arch there is a platform or bank where cheeses were stored—Pool came from the cheese van to the other side—Culyer went out—I did not hear them say anything—I was forty yards away; I did not notice them speak—the cheese was put in the van in the middle of the load—next morning I saw Culyer at Gibbs' stable, and said, "What time did you get home last night?"—he said, "About 12.30"—I said, "Bid you get rid of the bowler?" that is the cheese—he
said, "Yes, somewhere in Fuller Street, and got fifteen shillings for it; Pool had eight and I had seven"—some little time after that I was at the depot again and saw Pool there with his van—I had my van there, it was larger than his—he said, "Will you take a couple of cheeses out on your van, as your van is bigger than mine? "—both prisoners have spoken to me about cheeses—Kapps said, "We had intended to get a bowler or two when we got the chance"; and Culyer and Pool have spoken about it on many occasions—on 20th August I received this delivery note, for a case of silk, from Mr. Barron, and went with it to the depot, with my horse, and lodged the note with the foreman—I then harnessed my horse and went to breakfast at a coffee shop, taking this paper (produced) with me—Culyer went in with me—I sat down and looked at the sheets—he looked over me and said, "Oh, you have got that sheet for the case of silk?"—I said, "Yes"—he said, "Can you manage to lose that?"—I said, "No"—he said, "It would be very enjgy to lose it in the City; Gibbs shall find boys to look after the goods in the City"—he said, "It will be no trouble, it can be sent by Carter, Paterson's down to the Lane;" that is, Petticoat Lane; and as soon As it has got to its destination we shall get a sure £10"—I would not agree to it—we finished our breakfast—he came out with me and said he would see me again before I left—I went to my van at the depot, and Pool came up and said, "Have you got it on?"—I said, "No"—he said, "Will you change loads with me, so as to get the silk on my van in—I said, "No, I cannot change loads with you; I cannot chop the work up just as I like"—he left me, but he was hanging about for some time afterwards—I then met Kapps, who asked me if I had, got the sheet for the case of silk—I said, "Yes," and he said, "Haveyou got it on?" I said, "No, I believe they are going to make it not to hand"—this was about 9.30 or 10 o'clock—Kapps asked me to let him look at the note; he did so, and, mentioning the marked number, he said, "I will have that silk; if I set my eyes on it I will have it"—my van was loaded after that, and I passed out at about 10.40—when the case of silk could not be found I took this note to Mr. Barron, who sent me to Smith, who put his name on the bottom of the note—Kapps had gone then, I don't know whether the others had—on August 26th, two days after the prisoners were discharged, I met Pool and Culyer outside a public-house in Baker's Row—I said, "What do you reckon you got sacked for?"—Pool said, "I reckon it was over the case of silk "—the others heard the conversation but said nothing—a day or so before August 20th Pool showed me a note for the case of silk when we were waiting to load; he said he knew what the load was, silk handkerchiefs, and he would have one for himself—a little while afterwards he said he could not get it, it was not to hand.
Cross-examined by Culyer. I put a cheese on my trolly about dinner-time—I believe I had a load of glass; I do not think it was twelve or fourteen feet high, or I could not have seen him nor the cheese in the middle of the load—I am sure it was a cheese—I told you the company had lost the case of silk, and that it looked black against you—you did not say, "What do you mean by looking black against me?" nor did I say. "They have sent a man to my house"—that conversation did not pass—I did not say that a man had been to my house you did not say, "You are all in a shake," nor did I say, "It would
make you shake if they sent a man to your place to turn your place over"—I said that I had not been to work that day—I did not say that they would not let me go to work; I did not go to work, because it was the day that I swore the information against you.
Cross-examined by MR. COX. I left Messrs. Gibbs of my own accord on the Monday after the prisoners were arrested—I am in regular employment, but if anyone knows it, it will not be to my benefit as regards intimidation—I did not tell Messrs. Gibbs that I saw the cheese stolen the day before; I told one of the workmen—I did not go to work on the day after the silk was lost—I stopped away for two days—I went to see the foreman in the afternoon—I thought I, or anyone else, might be accused about the silk—I was not afraid my lodging would be searched by the police, but I expected they would come, and told Culyer so—it would be possible to change loads, because if I did the parcels would be made out in his name; because at the time he spoke to me I had nothing in my van—the checker would know it, but he would not interfere, because it had nothing to do with him—the pass notes are made out at the office after they are loaded.
Cross-examined by MR. COLERIDGE. About twenty persons are in Messrs. Gibbs' employ; sometimes there are twenty vans there—when I met Kapps I had seen Smith, and he had told me that it was not to hand—the note was then in Smith's hands—I am not sure Kapps was at Baker's Bow, but I am sure about the other two—I absented myself for two days from Messrs. Gibbs, though I was earning regular wages, because it was not safe.
Re-examined. I absented myself for two days because I got sopping wet and got a nasty cold, and next morning, when I got up, I was unwell and did not like to put my wet clothes on—I saw Mr. Barron, the manager, on August 22nd, and repeated this conversation to him—I could have changed loads with one of. these men if I had chosen.
CHARLES SNOOKS . I am a porter at the Commercial Road Depôt—on August 31st I was at the Barley Mow public-house and saw the three prisoners there—I knew them all before—Kapps said, "I reckon we shall all get pinched"—I said, "What for?"—he said, "Over the case of silk"—I said, "What are you running away with that idea for?"—he said, "Well, they lost the case, and we expect to get pinched for it"—I told him not to run away with that idea if he knew nothing about the case.
Cross-examined by MR. COX. I had no employment then; I had got discharged from Mr. Gibbs; I was loafing about to see what I could get, to get a drink of beer—one of the prisoners said he thought I was a policeman watching the depôt.
Re-examined. I was discharged from Messrs. Gibbe—I got a character from them.
STEPHEN WHITE (Police Sergeant H). On 2nd September I received a warrant for the prisoners' arrest, and on September 5th I arrested Kapps, about 8 a.m., at his house in Baker's Row—I read the warrant to him; he said, "All right; on the 25th I was at Brondesbury; it rained hard and I got a load of feathers wet; I never saw Franklin that day"—about three on the same morning I took Pool, and said it was for being concerned with others in inciting a man to steal a case of
silk—he said, "Have I got to stand to all of it?"—I said, "I don't know"—he said, "If you want Kapps, I suppose you know he has moved "—Kapps' name had not been mentioned by me—Pool was taken to the station, and after being charged, he said, "All right, Sir Garnet"—I think he meant the inspector, who was reading the charge to him—I took Culyer between three and four the same morning—he said, "All right; this is a new thing"—at the station, when the charge was read, he said, "I did not see Franklin that morning; lean prove where I was"—I came into communication with Franklin about August 28th; I went to him—I had been consulted by Mr. Barron—an information was prepared, and I swore it on September 2nd—on the night I saw the two prisoners in the beer-house; I saw Snooks first—I saw him go in and come out—I am frequently about the depôt—some of tne sacks used for carrying bait are very large, and plenty of carmen carry them for this express purpose.
Cross-examined by MR. COX. I did not ask Pool any questions, or caution him before he made the statement—it is not usual to caution prisoners before reading a warrant.
Cross-examined by MR. COLERIDGE. There had been considerable investigation at the Tilbury Docks to find out what had become of the silk, but I do not think the matter had become common talk, I do not think it was known to any one except the officials; I was the person who was making inquiries of certain officials—I do not think they made any inquiries, they left it in my hands—nothing was heard of the silk after it arrived at the depôt.
Culyer's Defence. On the Monday morning when I went to work, Mr. Gibbs told me he had got no orders; I went again on Tuesday and Wednesday, and he said the same, and said my horses were not strong enough for the work, and I had better look for another job. I went to him on Saturday night for the week's money; he said, "You think you are clever, you are going to summons me for a week's money, but you will find I can be as clever as you. "
GUILTY .— Judgment respited.
THIRD COURT.—Saturday, October 24th, 1891.
Before Mr. Common Serjeant.
JOHN FARNELL . I am an accountant, of 38, Summerfield Road, South Hornsoy—on 22nd April, at 3.30 or 4 o'clock p.m., the prisoner came to me in Seven Sisters Road—he had his shirt-sleeves tucked up and was without hat or coat—he offered me a paper and a sovereign—I told him I did not know him, and did not take money from strangers—he said, "I have come from Coleman the writer, down the road"—I knew Coleman, and I then took the sovereign for a bet and this paper, on which was "Florence St. John, 20s. to win, Harris"—I asked him what race it was for—he said, "The last race"—the last race that day was run about 4.30 or 5; it had not been
run when he spoke to me—they were the Bath and Somerset Races—I kept the paper in my hand as I was going home to dinner, and I gradually saw the name Florence St. John disappear, and in its place appeared "Far Niente," as it is now—that appeared as I was looking at it, without my touching it; it was a little damp when it was handed to me, and as it dried "Far Niente" appeared—the "20s. to win; Harris" remained the same—"Far Niente" had won the first race of that day at 1.45, some two hours before I took the paper; I had known the winner a long time—the paper had not opened at all then; as it dried it gradually opened—next day I was in Seven Sisters' Road when the prisoner came, with Davis, and asked me for £5 10s. for a winner that he had backed the previous day—I told him he would not get it; he asked me why, and I said, "I detected the paper as soon as you had gone"—he said, "It does not matter what was on the paper, we mean having the money"—I told them what had occurred as I went home, about the name fading away—I said, "If you molest me in any way I shall give you into custody"—then I walked away and they followed—the prisoner said again, "I want £5 10s. for a winner that I backed yesterday. Are you going to pay?"—I cannot exactly remember the words—I said, "No"—he said, "Then we mean to b----y well have it"—I called a police sergeant from the other side of the road, and told him that the prisoner and the other man had threatened me; he advised them to go away; they refused and tried to trip me up in his presence; both the prisoner and Davis threatened to rip me up—the prisoner said, "We will stand you on your head and shake it out of you," and they both tried to trip me up, and spat on me—I gave them in custody—they were charged at the station, and taken to North London Police-court the same day—the prisoner was fined £3 or one month, and Davis £2 or a month—I then applied to the Magistrate for a summons for attempting to obtain money by fraud—it was granted, but not gone into.
Cross-examined. Two days before I gave evidence at Marylebone Police-court a plain-clothes officer had seen me, not Inspector Bannister—I told the Magistrate the truth—the prisoner was alone when he brought me the piece of paper—I have met other people there and had slips of paper given to me many a time—on the day Gorman came and asked for £5 10s. I had not met anyone else there that morning—I do not know that any other bookmaker was there besides myself; there might have been, but I don't believe there was—Cooper was a bookmaker, I believe; I cannot tell you if he receives papers in this road; if he does he is a long way off from and has nothing to do with me—for the assault on me both the prisoner and Davis were punished—I had not seen either of them before.
Re-examined. I have not the slightest doubt who the man was who gave me the paper.
WILLIAM LEONARD (Sergeant L). On 19th April I searched the prisoner. (MR. PURCELL objected to evidence being given as to what was found on the prisoner some days before this alleged offence teas committed, and the evidence was not given.)
NOT GUILTY .
MESSRS. BODKIN and STEPHENSON Prosecuted, and MR. PURCELL Defended.
GEORGE OVERALL . I live at 248, Great Portland Street, and am a hairdresser—in April last I used to do betting—on 16th April I was in Euston Road when the prisoner came and backed a horse called Garnish, which won, and the prisoner was entitled to £2 10s. on that—on that day the Ashley Plate was won at 1.30, by Dainty—about 2 o'clock the prisoner gave me a paper for the 2.30 race, with the "King of Diamonds" on it and a sovereign—I took the bet and he went away—I looked at the paper, and the words "King of Diamonds "were fading away, and "Dainty" was coming up—I should not have taken the bet on "Dainty" then—I spoke to one of the prisoner's friends; the prisoner was not there then—next day I saw him with a friend at one o'clock in Buckingham Street; I asked him how much money he wanted, because he had made previous bets—he said, "£8 "—if the bet had been made on "Dainty," he would have been entitled to £8—I said, "I shan't pay you; you are only entitled to £3 10s.; I knew you took me on because I know all about these papers; I have seen them for years"—he said he knew how he could get it, and said, "I am sure to have it"—the other man said, "Why don't you pay the money you owe him?"—I walked into the George and Dragon public-house—someone spoke to me there, and I offered to give the prisoner into the custody of Sergeant McDowell who was there, because I expected a bother—about twenty minutes afterwards I went to the Lord Nelson because the landlord fetched me—I saw there the prisoner and two men, one of whom was the man who had come to me previously that morning with the prisoner—the prisoner said, "I want £8"; and one of the other men said, "Yes, and we mean having it"—there were a lot of threats; I was going to be ripped up, and kicked, and one thing and another, and have my * kicked if I did not pay—I cannot swear to who said it—I said I should only pay what was due—they repeated the threats; I think they all spoke together, one made one remark and another made another; they were all going to do this, that, and the other; going to rip me up, and all that kind of thing—eventually I paid the £3 10s., and a sovereign over, and stood some drinks to get rid of them—I parted with the £1 over and above the bet most unwillingly—they went away, and I did not see them afterwards—I took this piece of paper to a chemist, who damped it, and there came up the "King of Diamonds"—I put the paper on the dresser, thinking it was no use to me, and it is lost; I did not destroy it.
Cross-examined. I have had about twenty-five years' experience of betting and betting-men—on 10th October I gave evidence before the Magistrate—a police officer, Bannister, communicated with me the day before that—it was in the middle of the day when I went to the George and Dragon; I had been there thousands of times before and knew the proprietor well, and his servants knew me—the prisoner followed me in—he said, inside there, "I want my money"—there were other people in the house I knew—I did not introduce the prisoner to McDowell; I offered to give him in charge, and still he kept on asking for the money—he left the George and Dragon first—I had known for some time the landlord of the Lord Nelson—he came for me and I followed him round there—he was with me there when the prisoner was there; I don't know if McDowell was there—I think we were the
only occupants of the bar—the observations were made in the landlord's hearing; I could not swear I paid the money in his presence—I said before the Magistrate, "The landlord saw the money paid "—the Lord Nelson is ten minutes' walk from the police-station—after paying the £4 10s. I stood them drinks; that was the manner of settling it—I did not see McDowell afterwards that day—before I was robbed of the extra £1 communicated with the police—the prisoner's stake and winnings on Garnish came to £2 10s., and he had deposited £1 on Dainty, making £3 10s.—I made no communication to the police from the evening the £4 10s. was paid until Mr. Bannister called on me.
Re-examined. I said to McDowell, whom I knew, that if he could make it convenient I should be pleased if he would come round—the prisoner had followed me, and I said, "I will give this man into custody if you will take him"—I gave drink to the men to get rid of them; I was afraid.
By MR. PURCELL. I cannot say whether I have drunk with the prisoner since 16th April—he came to me with a paper one morning and asked for a subscription for some one in trouble, and I gave him 1s. or 2s.
FREDERICK DAVEY . I keep the Lord Nelson in Upper Charlton Street,—I have seen the prisoner before—in April last he and two others came into my bar—one of them said, "Do you know George Overall?"—£ said, "Yes"—they said, "We have got a bet to come off him; it is a crook bet"—that is a slang term meaning that they had bested him—I said, "No, certainly not; wait a minute"; I went to Overall and told him what they had paid, and he came back with me into my bar—I said to him, "Yes, these are the men; they have done you "—the prisoner said, "God blind mo, he has turned copper on us"—that referred to me, and meant policeman—I said, "Certainly, if you think I am going to help such thieves as you, I am not going to"—I saw Overall speaking with the men in the bar, but could not hear what was said—he said, "You can have your money back if you like"—they threatened him and said they meant having it—they said, "If we don't get the money we will rip your guts up," or "rip your* up," something of that sort—I saw no money paid; I believe Overall gave them some, but I cannot say what—they went out after about five minutes.
Cross-examined. This was my uncle's house; I have had the management of it about eleven years—there is a police-station in Tottenham Court Road, and a police-officer on fixed duty in Fitzroy Square, not far off—I think there were three or four persons in the private bar where the prisoner was; they were my customers—persons whom I could rely on certainly—I could see some money was passing, after about five minutes, to the prisoner—they did not make much noise—if people make a noise I should communicate with the police—I told them, "If you make a noise there I shall send for the police, and have you all turned out"—I did not send for the police—I sometimes have betting men in the house, but I have not had a great deal of experience among them—they use the same language as other customers; we are accustomed to this sort of language; I have been used to it all my life—I cannot say if Overall stood drink—on the Monday after Overall gave evidence, and before I did so, Bannister called on me; and in consequence of his visit I went to
the Court and gave evidence on the 15th—I had not communicated with the police before that.
Re-examined. The two men with the prisoner were not customers of mine; I don't think they had been in the house before or since, but there were two or three other customers in the bar.
GEORGE WILLIAM BENSON . I am a chemist at 157, Great Portland Street—in April last Mr. Overall showed me this piece of paper, on which was written, "20s. to win," and underneath, "Dainty"—he told me something about it, and I applied a little mutilated starch to the back of the paper, when gradually the words, "King of Diamonds "came out and entirely obliterated the word "Dainty"—it was written with iodine, on paper containing starch—I gave the paper to Mr. Overall.
THOMAS BANNISTER (Police Inspector), I arrested the prisoner on 3rd October in Drummond Street—his brother Albert Gorman and Price were with him—I found on him, at the station, this ticket for backing a horse with a slipping four; the ticket when dabbed lightly on makes the ticket read as if for a 4.20 race, and then when the four is dry, it drops off, and then it reads 2 o'clock race—he was taken to the station and charged.
Cross-examined. The Director of Public Prosecutions is not prosecuting; several prosecutors are—Mr. Overall is the moving spirit in this indictment—the Magistrate committed the-prisoner for conspiracy and attempting to obtain by false pretences, and stealing, I believe—I did not understand that he refused to commit for attempting to obtain money by menaces; I understood him to intimate that he scarcely thought it was a case in which he should commit for that, but that the solicitor could prefer that indictment if he thought right—I have been in the force 25 years.
Re-examined. The Magistrate who committed the prisoner was not the same who sat on the first day, and had not heard all the witnesses—he only heard the chemist and Davey—he heard all the evidence read over, but did not hear it given.
GUILTY . (See page 1221.)
OLD COURT.—Monday, October 26th, 1891.
Before Mr. Justice Wright.
MR. ABINGER Prosecuted, and MR. HUTTTON Defended.
MARIE CLAES (Interpreted). I am a servant—I was living at 24, Neil Street, with a man named Monfels—on the morning of September 24th a man named Jules, a friend of the prisoner, came to fetch me—I had seen the prisoner before, but did not know him—we joined the prisoner at eleven a.m., and went to the Naval Exhibition; we had our meals and drank together—we had supper together in the evening in Greek Street, and then went to the Alhambra—the prisoner was a little bit touched, but not quite drunk—at eleven o'clock we were in the gallery at the Alhambra, and when the ballet was over I asked him for my money, and his friend, who was near by, frightened him—he said he would not pay, and I said I would not remain there—I was on the point of going away, but going downstairs the prisoner got hold of me—the performance was not over—he pulled
my arm back, and then a shot went off—Monfels was not there; I did not see him that evening—the revolver was aimed at ma, and it went into the stairs—he was not holding my arm at the time the shot was fired; he was a yard and a half from me—he took the revolver from a red belt he was wearing—he said nothing—after the shot had gone off Jules struck him on the arm; I went downstairs crying, and Charley Baker seized hold of him and handed him over to the police.
Grots-examined. Charley Baker is not a friend of mine or of Monfels—I did not see Monfels that night; he told me that he had been there, but at another part of the house—I did not hear that he was in the gallery where I was, and did not know he was going there, it was a coincidence—that was the first time I had been to the Alhambra—he does not go there every night—I was not standing at the bar drinking, with Monfels standing close by me at the time I asked for the sovereign; there were only three of us—the prisoner had promised me a sovereign—Monfels did not tell me to ask for a sovereign—I do not sometimes give him money I receive by prostitution; I get the money which he receives every month from Belgium, and when he is short I sometimes give him some—it is not what I receive by prostitution, it is what I receive every month—I did hear Monfels tell the prisoner that he had better give me a sovereign—Monfels was not on the staircase; there was no one else on the staircase—I was standing below him—the pistol was pointed at my chest—he was not holding me when he fired, but I had hardly succeeded in pulling back my arm.
Re-examined. My statement was "When I was about two yards from him he fired a revolver"—there was one second between his letting go of my arm and the time he fired.
----MONFELS (Interpreted). I am a coachman, but am not in service for the moment—I live with Claes at 47, Neil Street—on 24th September I went alone to the Alhambra—I had not seen Claes since eleven a. m. till I saw her there—I did not speak to her—I was downstairs alone, and when I was on the second step, before coming to the street, I heard a detonation, just at the time the ballet was finished—I went out then.
Cross-examined. It was a considerable report—I could not turn back, as I was on the low step to go out—I was in the gallery, but on the opposite side to the prisoner and prosecutrix; it is the same gallery—I had nothing to drink—it was a mere coincidence that I found myself in the same part as the prosecutrix—I did not go up and say to the prisoner, "you will have to give me that sovereign which you ought to have given the woman," nor did I say that I was the proprietor of the woman or the landlord of the house where she lived—I did not speak to him—I do live with her as my wife—she goes out on the streets from time to time when we are short of money, but I keep her when I get money from home—I have not worked at all in London as a coachman; I have a certificate here from Belgium as a coachman—I know Baker; he speaks Flemish—I saw him at the Alhambra after the shot was fired—I did not know that he was in the gallery—he does not live in the same house.
Re-examined. I have been in London five or six months—I work for people I know, on jobs—there were many people in the gallery.
time—I had left work two weeks before—I was then living at 47, Neil Street, the same house where Claes and Monfels live—on 24th September, about 10.30 I went to the Alhambra by myself; I was in the gallery and saw Claes and the prisoner and Jules drinking at the bar—she was crying—they all three had another drink—I did not see Monfels speak to them or in their society at all—they went to the staircase; the prisoner was above the prosecutrix, she was about two steps lower; I heard a woman scream, and saw the prisoner presenting a firearm towards Claes' body—she was about a yard and a half from him; Jules struck his arm and the bullet struck the staircase—he was about to fire a second short but I took him downstairs and gave him in custody—I cannot say whether Jules struck the prisoner's arm before or after he fired.
Cross-examined. Monfels was waiting about outside the theatre—I was living in the same house with him; if he says that I was not, that is incorrect—I know the prosecutrix, I have seen her in the house and have said, "Good morning," and so has she; she knows me by sight, that is all—I did not see Monfels speaking to the prisoner any part of the evening—I met him by chance, at 8.30, in Old Compton Street; I did not see him in the Alhambra—I only said "Good evening"—I did not have a drink with them, and I did not speak to Claes or to the two men.
FREDERICK ATKINS . I am an attendant at the Alhambra, in charge of the gallery—on September 24th I saw the prisoner and another man there with a female—the other man was not Monfels—they were very friendly and quiet for an hour or an hour and a half, and then they became noisy and excited—I saw Baker there, but not in their company—they went downstairs, and I heard a shot fired, and Baker, I think it was, shouted out, "He has got a revolver"—I held the prisoner till the police came and took away the revolver—he had been drinking, but was not drunk—when I ran down he was just towards the bottom of the stairs; it is a very long staircase, about eighty steps—Monfels was below the prisoner when I went down.
Cross-examined. Directly I went down they all came out—before I left the gallery I saw Monfels and Baker—I saw them speaking once; they were walking about, and the prisoner and the girl were at the bar—the hot attracted my attention; I heard no struggle or scream. Re-examined. I am sure I never saw Monfels. or Baker with the prisoner, but I could not watch them, I had other business to look after—I cannot say that they were talking together; the gallery is a very large place, and I have to walk round the whole building.
WILLIAM CLARK (C 90). On September 24th I was outside the Alhambra, and heard a report; the prisoner came out with five or six other men—I searched him, and found this five-chambered revolver—I think he had been drinking—he went quietly to the station.
Cross-examined. I heard him muttering, but could not understand what he said.
EDWARD MCKENNA (Inspector C). Clark brought the prisoner into Vine Street station about 11.30, and handed me a revolver loaded in four chambers: one chamber had been discharged—I went to she Alhambra examined the staircase, and found an exploded bullet on the stairs—I could not see whether it had struck anything, because there were a good many marks on the stairs—when the prisoner was charged he made a statement which I wrote down, through an interpreter.
By the COURT. This revolver would take life—(it was very small)—it is what would be used for killing or disabling a human being—I should not like it tried on me—the underpart of the staircase is stone, heavily plastered—if the pistol was fired by the man it would have struck the wall, which is stone with plaster on it—the bullet is quite flattened—I have looked for marks, but cannot see any—the statement was read to the prisoner by the interpreter, and I saw him sign it—he gave an address which I found correct; he had been staying there about three weeks.
Cross-examined. This bullet was found on the stairs; there was no mark on the wall where it would have gone if it had been presented at the woman's head.
Re-examined. The bullet must have struck some hard substance.
HENRY SHOWERS . I speak French—I was at Vine Street when the prisoner was brought in—he made this statement; I interpreted it, and the inspector took it down. (Read: "I met Monfels this morning, and had a drink with him; I never saw him before. I then went away with this woman and the man Jules. When he got to the Alhambra Monfels said he was the proprietor of this woman. Monfels then asked me for the money to pay for my lodgings with the woman. I went downstairs and Monfels seized me. When he caught hold of me I lost my head, and we both rolled down the stairs together. I pulled out my revolver and fired, but not at the woman. I fired it down, I did not fire at anybody. ")
GUILTY .— Three Years' Penal Servitude.
OLD COURT.—Tuesday, October 27th, 1891.
Before Mr. Justice Wright.
MR. C. F. GILL Prosecuted, and MR. A. GILL Defended at the request of the
GUILTY .—He also PLEADED GUILTY to a conviction of felony in May, 1885, at Clerkenwell.— Twelve Years' Penal Servitude.
MR. GILL Prosecuted.
MARY CRAWFORD . On the morning I met the prisoner while sitting on the seat I had received a letter from my brother containing two postal orders; I had them in my pocket—I showed him my brother's letter, because he said I went with somebody the night before—he put them in his pocket—he took them out of my hand—I was not willing he should have them, but he wanted to see my brother's letter, and said it I was going to be his wife he had better know my affairs, and he opened my purse against my will—out of a few shillings there were only threepence left in it—he said, "What have you done with it?"—I said, "What is that to you?" he took the threepence and the postal orders, and gave me the purse back—I kept asking him for the orders, and I had to apologise to my landlady because I could not pay her—when, on the 3rd, I saw him I caught hold of him, and told him I was going to give
him in charge, and he put some money in my hand—when the policeman was speaking to him I said I did not want my money; I wanted to charge him—I did not know what charging was till the policeman told me.
Cross-examined by the prisoner. You snatched the postal orders from me—I did not then give you in charge, because you told me they were all right, and that you would change them and give them back to me—you returned me seven shillings and sixpence on the Thursday when I told you I would give you in charge—you never asked for sixpence; you said you gave me a shilling, I said you did not—I never said you deserved sixpence—I did not know I had got the money; I was all shaking, and I afraid—you told me to keep quiet and say nothing about the other [charge], and you would come to Tichborne Street later on; but I walked from you, telling you I did not want it, but wanted to see a policeman—I was sent for to a public-house to see if you were the man—I saw you begin to run in the Edgware Road—I do not remember the inspector saying he could not take the charge as I bad compounded the felony—I said I would give you in charge for brutally assaulting me—I went to Tichborne Street and back to the Police-station.
Cross-examined by the prisoner. I did not smell any drug; the prosecutrix appeared in trouble, and was crying—she seemed perfectly sensible—I should not judge from her appearance she was under the influence of a drug—I do not know if I could tell whether she was or not, but I did not notice it—after she left me she walked towards Albert Gate—I walked up and down for some time afterwards.
FREDERICK GRIEVE (F 192). I found the prisoner detained by Frederick Glover—the prosecutrix charged him with stealing seven shillings and assaulting her—I asked her in what way; she could not tell me, but said she wanted to charge him—he said, "I will give her the money back"—she said, "I do not want the money, I want to charge him. "
Cross-examined. The inspector did not make any remark about not being able to take the charge on account of taking the money back—I did not hear the prosecutrix say anything about being drugged—I was in the room—I went for a cab to take you to another Police-station—I did not know the prosecutrix was sent home.
JOHN MARTIN . When charged at the station the prisoner said, "I did not steal it, because I gave it to her back"—nothing was said about compounding a felony—I was sent to make inquiries; I do know whether the prosecutrix left or not—she was at the station when I came back.
The prisoner, in defence, said he gave the prosecutrix her money back, and the inspector hesitated to take the charge on the ground of her compounding a felony; he gave her seven shillings and sixpence, and she refused to take the sixpence, saying he deserved it, and that her evidence was inconsistent on both charges.
GUILTY .— Six Months' Hard Labour, to precede the sentence of Twelve Years' in the last case.
NEW COURT.—Tuesday, October 27th, 1891.
Before Mr. Recorder.
MESSRS. BODKIN and TRAVERS HUMPHREYS Prosecuted, and MR. PURCELL Defended Albert Gorman and Price.
FREDERICK WACK . I am a commission agent, of 52, Camden Road—on October 2nd, about 2.45, James Gorman came to me outside Euston Station, and I took this piece of paper (produced) as a bet for the 4.30 race—when I took it out of my pocket again I found that the four had disappeared—next day James Gorman came to me near the Drummond, and said, "I want to draw a bit"—I said, "You want nothing, you lost your money yesterday"—he wanted £4 10s.—he said, "We must have it, you know"—I said, "This game won't suit me; I know all about this; this is the old game; I shan't pay"—Albert Gorman then came up, and said, "What is the matter?"—James said, "He won't part"—Albert said, "He is sure to part; he will part right enough"—I said, "No, I shan't"—Price then came up and said, "You are not going to part?"—I said, "No"—he said, "If you don't, I will have your * * out "—I told him I would not pay, and at that time Bannister came up—they said they meant having the money, and would have it—I said they would not; one of them laid hold of me by my collar, I think it was Albert, and said, "You will have to part"—Bannister said, "What is up here?"—I said, "These men want to get some money off me by the old paper trick, and I don't mean to pay "—he asked me if I would charge them—I said, "If they will take their sovereign back I will not charge them."
Cross-examined by MR. PURCELL. I had seen Bannister the night before; he was a short distance off when the conversation occurred—this was about one o'clock in the day, outside the Drummond Hotel, the landlord of which is a friend of mine, and the potman and barman know me by sight—I was ten minutes' walk from the nearest police-station, and nearer than that to the fixed point, where a policeman can always be found—I have had fifteen years' experience of Dotting—I could not part on a swindle.
THOMAS BANNISTER (Inspector S). I was spoken to about this on. October 2nd, and went to the Drummond Hotel about one o'clock on the 3rd—I saw James Gorman come up and speak to Wack; the other Gorman was standing there, and Price was standing not far off—I heard the dispute between Wack and James Gorman; and when he found that Wack did not part, Albert came up and the dispute continued, and Price came up—I heard James say, "The horse has won, and we will have the f—money"; and Price said, "We will have your* * out "—they hustled him about, and Albert Gorman came into the public-house; I went to the door; Wack seemed in a terrible state of alarm, but he did not call on me—I was in plain clothes they drew attention to me, and Albert went out—I went out and said to Wack in their presence, "Are those the fellows you spoke of to me?"—he said, "Yea"—I said, "I know they are rampers; I have no hesitation in apprehending them if you like to charge them"—he said, "Yes,
I will"—I called for assistance, and they were all taken—James Gorman said, "God blind me, you will find out who I am "—they were taken to the station and charged—I found one of the dropping fours on Albert; he threatened Wack and the landlord, and said, "You will see what I will do"—Albert said he was James's legal adviser, and wished him to make a statement, which he did, and I wrote it down—this is it. (Read: "On May 15th I saw Wack take the papers, and tendered him a paper, which he put inside the Drummond Hotel. When I went for the money this morning he offered me my sovereign stake, and refused to give me any more; while I was taking him, Mr. Bannister came out and gave me in custody.")—Price was taken by another officer.
EDWARD NURSEY (Police Sergeant S). On 3rd October Bannister called me. and I saw the three prisoners surrounding Wack; the two Gormans were struggling with him, and I saw Albert Gorman put his fingers into Wack's coat pocket—I took Albert.
Cross-examined by MR. PURCELL. I was there by Bannister's directions.
MR. PURCELL submitted that the menaces must be such as to prevent the complainant being a free agent and that although there was a fraud there were no such menaces. MR. BODKIN contended that there were menaces, as the prisoners used threats, and they were three to one against the prosecutor. The RECORDER considered that there was no case to go to the Jury.
NOT GUILTY .
MR. BODKIN Prosecuted.
EDWARD WILLIAMS . I am a hairdresser, of 65, Henry Street—on September 8th Albert Gorman came to me and backed a horse with me, and won—he came again on September 9th, and in my presence gave a slip of paper to an assistant in my shop, and gave me 6s., which with the previous winnings made £1—after he left I took the paper out of my assistant's hands, and it said the 2.45 race; when I first looked at it the time on it was 2.15, but it was twenty minutes later than that when he gave it to me—I went out and halloaed after Gorman, and ran after him, but he took no notice—Workington did not win the race; it was not in the 2.45 race at all—next day Gorman came to my shop and asked for £3 10s.—if the bet had been properly made that, would have been the sum due—I said, "The bet was not right; I shan't pay "—I did not say what kind of bet it was, or how the figure "4 "came into "1"—we went across to a public-house and had a talk; he said he should want his money; I said he was not entitled to it; the bet was with the ink trick, and he should not have it—Price came in and was there, and said, "Well, I should pay, old man, and have no further bother;" he did not appear to recognise Albert Gorman; he was sitting two or three chairs away—I do not remember that they took part in the same conversation; Price could hear what was said, but I do not think he said any more about it but what I have told you—I gave Albert Gorman the £3 10s., though I knew it was not due—I subsequently saw Inspector Bannister.
The RECORDER considered that there was no evidence that the prisoners conspired together, and directed a verdict of NOT GUILTY .
No evidence was offered.
>NOT GUILTY .
MR. BODKIN Prosecuted, and MR. PURCELL Defended.
ALBERT GORMAN then PLEADED GUILTY** to a conviction of felony in September, 1881.— Twelve Months' Hard Labour JAMES GORMAN.— Twelve Months' Hard Labour.
No evidence was offered.
NOT GUILTY .
NEW COURT.—Monday, October 26th, and
THIRD COURT—Tuesday, October 27th, 1891.
Before Mr. Common Serjeant.
846. CHARLES WILBRAHAM PERRYMAN was indicted for that he, being entrusted as an agent with certain securities, to wit, certificates for shares, with direction in writing, in violation of good faith and contrary to the terms of the said direction, did convert to his own use the proceeds of the said securities.
MESSRS POLAND, Q.C., and ATKIN Prosecuted, and MESSRS. COCK, Q.C., and FORREST FULTON Defended.
MR. POLAND, at the conclusion of his opening, stated that he was aware that, on behalf of the defendant, points would be raised that share certificates (which were the documents alleged to have been sent to, and to have been converted by, the defendant to his own use) were net unsecurities for the payment of money" within the meaning of the Act (24 and 25 Vict. c. 96, s. 75) (Q. v. Tatlock, 2 Q. B. D., 157); and further that no direction in writing to apply the proceeds in any particular way was sent with. the share certificates. MR. COCK and MR. FORREST FULTON urged that, upon these and other grounds, the defendant must be acquitted. They cited Huddlestone v. Goldsborough (10 Bevan, 547) to show that shares were not securities for the payment of money.
The COMMON SERJEANT (after consulting with MR. JUSTICE WRIGHT) directed the JURY to return a verdict of NOT GUILTY, as the facts of the case did not bring it within the section of the Act under which the offence was charged.
848. GEORGE TILLARD (21), JOHN FRANCIS (38), WILLIAM HILL (62), THOMAS JONES (62), and JOHN DRUMMOND (51), Breaking and entering the warehouse of Leonard Wrightson, and stealing 53 lb. of tea and sixteen tea-chests; Second Count, Receiving the same.
MESSRS. FORREST FULTON, HORACE AVORY, and STEPHENSON Prosecuted; MR. PURCELL Defended Francis and Drummond; and MESSRS. BURNIE and
SANDS Defended Hill.
JAMES O'CONNOR . I am an outdoor officer of Customs—on Friday, 14th August, at 6.45 p.m., I was on duty at the St. Olave's bonded tea warehouse—I secured the premises before leaving, and made all safe—the gates from the street are secured by one padlock belonging to the Crown and one to the merchant on the bar across the door; I fasten the Crown, and the principal clerk the other lock—on 15th April I came there at twenty-five minutes to eight and found the gate closed; the bar was there, but the padlocks had been forced and entrance effected in that way—I entered with two constables, and found two padlocks, the property of the Crown, were broken off the inner door; they had been safe on the previous day when I left—Messrs. Wrightson own the premises—the locks had been prized by a jemmy—I saw a sign of it on the bar.
WILLIAM DAWS . I am principal foreman at the St. Olave's ware-house, of which Messrs. Wrightson and Co. are owners—between six and seven p. m. on 14th August I left the warehouse, after noticing that all the locks on the doors were secure; I saw the Customs officer affix his lock on the outer door and I did mine; everything was secure inside when I left—next morning I arrived at the warehouse shortly after eight o'clock; I found the police in possession of the place—a desk had been broken open, and I missed several chests and half-chests of tea, and three metal cases—I thought nineteen or twenty packages of tea were missing, but we have had claims for eighteen, value about £100—we missed Pekoe, broken Pekoe, Souchong, Young Hyson, and other expensive kinds of tea.
Cross-examined by MR. BURNIE. Nearly all of these Indian teas come to the London market and to other importers besides ourselves.
JOHN CURTIS . I live at 18, New Square, Minories, and am foreman to Messrs. Hamlyn and Co., general merchants—about 6 a.m. on 15th August I left my house to go to my place of business—I called to meet a fellow workman at the Angel public-house, John Street, Minories, which is about twenty-five or thirty yards from the St. Olave's bonded warehouse, on the same side of the way—my friend had not arrived; after I had been there a minute or two I noticed Tillard, Francis, and Jones leaning on a cask—there was a pewter pot there—I saw an open empty van with a black horse outside—I came out to see if I could meet my friend, and I saw the three prisoners leaving the public-house together—Tillard led the horse and van down John Street towards where was standing; I had then got past the St. Olave's warehouse—Francis and Jones were walking by the side—as soon as they got to the entrance of the St. Olave's gates Francis and Jones opened the gates, and Tillard backed the van in; then Francis and Jones came out and walked across the road to Croles' Hotel—I would not be certain if the gates were closed after the van was pushed in—it was near 6.30 a. m.—I was about twenty-five yards off at the time—my fellow workman joined me then, and we went off to our work—in the course of the evening of that day I heard of
the robbery having been committed at this bonded warehouse, and at once communicated with the police—subsequently I identified Tillard at the Mansion House, he was in the dock; and I went to the Police-station and was shown a number of men, from whom I picked out Francis—about a fortnight afterwards I picked out Jones.
Cross-examined by Tillard, You were in the public-house.
Cross-examined by MR. PURCELL. The public-house I went to is used by man working in the neighbourhood—I went there at six—it is a pull-up house for men going to the markets; it is open at 5.30—there were no other men there besides myself and the men I saw in there—I don't believe I had seen these men before—I went to Bee if I could identify anyone on the invitation of the City police, either Egan or Outram—I first saw Francis in the dock with another man, and I said, "That is the man"; they did not put him among other men, Jones they did.
Cross-examined by Jones. I don't believe you had anything in your hand when you opened the gate—I did not see it—the looks must have been got off before you got to the gates; you had no time to get them off when you got there—I only know O'Connor is an officer—I did not see a policeman; if I bad I should have told him; you would not have done it if one had been there—I did not stop you; it was done so quick, and I was in such a hurry to get to my business—I think the locks must have been open previously—you were in Crole's Hotel when I left—you were not in the warehouse two minutes; as soon as the van was backed in you walked away.
Re-examined. During the day I thought that I had seen no gatekeeper or officer there, and then I thought something was wrong—there was nothing at the time to arouse my suspicions, but when I came to think the matter over I thought there was something wrong—in the evening I saw an account of it—they are the three men.
MARGARET SPOONER . I am a barmaid at Crole's Hotel, John Street, Minories, nearly opposite St. Olave's warehouse—about 6.30 a. m. on 15th August I was in the bar; Francis and another man came in—my attention was attracted to Francis by his walking in and out, going to the door and back, several times—the other man was reading the evening paper of the previous night—they stayed about ten minutes and then went out—they both came in and out several times, and ultimately they came back together and finished their beer, and then went out—on the same day the police came and I made a statement—on 4th September I went to Seething Lane Police-station, where I saw about fifteen men in a row, from whom I picked out Francis as one of the men who had come in on 15th August.
Cross-examined by MR. PURCELL. Ours is not a pull-up house; workmen do not frequently come in early in the morning—I had not before seen the men I saw that morning—I went to the Police-station by myself—I did not see Francis in the dock or sitting by himself when I got there—Francis had not much beard then; several of the other men had beards.
Cross-examined by Jones. I should know the man who was with Francis if I saw him; I am not sure if you are that man.
road—about 6.20 am. on 15th August I opened the offices, and white doing so I saw Francis, who had his overcoat collar up, and another man come out of Crole's Hotel—Francis went towards the St. Olave's warehouse, and the other man went towards the Minories in a different direction—after I had opened the premises on the inside I heard a stumbling of horses—I went to the door and saw a van full of tea-chests and a black horse driven by Tillard, who was sitting on the front rail of the van; as I got down to the bottom step he was just passing me—he whipped up the horses and went in the direction of Swan Street—the same day the police came to my master's place, and I gave them a description of the man I had seen driving the van, and of the men I had seen leaving the hotel—on 3rd September I went to Seething Lane Police-station, and from thirteen persons there I picked out Tillard—on the following day I picked out Francis there; I do not pretend to identify his companion.
Cross-examined by MR. PURCELL. The men I saw coming out of the hotel were perfect strangers; I saw them from the office window—it is not an uncommon thing for men to come out of Crole's Hotel—I had no reason for staring at them—I did not see Francis by himself brought out of the cells—I walked up to a lot of men; they said, "Touch him," and I touched him—that was after I had walked down and walked back again—he was not the only dark man—I don't think I said that I thought Francis was the man—I have not the slightest doubt in the world about him to-day.
SAMUEL JOHN TILLY . I am a carpenter, of 85, Mansell Street—on August 15th, about 7.20, I was in John Street, Minories, and saw a black horse and a van come out of the St. Olave's tea warehouse—the gates were then closed by two people, and two men sat on the window-sill—the van went east towards the Minories—there were some packages in it.—I noticed that the off hind-wheel was wobbling on the axletree—a man was driving it with his legs over the off-side—afterwards I saw a van standing up on end; the off-side hind wheel that I had noticed wobbling was off the axletree—it was a black horse—it was the same van that. I had seen come up to the St. Olave's warehouse.
Cross-examined by Tillard. The wobbling I saw would let you go as far as the Minories, and might let you go further; I thought if the horse slipped it would break down.
Cross-examined by Jones. I was on the southern side, opposite to the warehouse—I had a clear distinct look at the men's faces.
GEORGE RAYNER . I live at 88, Jamaica Street, Stepney—my father is a contractor, and lets out vans—he has a yard in Jamaica Street now; on 15th August he had a yard in Bermuda Street as well; he had three altogether—about 9 a.m on 15th August I saw one of my father's vans outside a yard opposite; we had two yards in Bermuda Street and one, the Anchor and Hope yard, outside which the van was, was opposite to the other, No. 5, which I was in—the horse in the van was black; it was not my father's horse—Tillard was in the van (I had known him for seven months) and Francis and Jones—there was a tarpaulin covering over the front of the van, and I could not see what was in it—the same evening I saw the van empty in Anchor and Hope yard—I saw it again on Monday, 17th August, in the afternoon, in the Jamaica Street yard; it was broken down then—afterwards I picked out
at the station Tillard, Francis, and Jones from among others—I had seen Francis before with Tillard.
Cross-examined by MR. PURCELL. I had not known Francis by name before—I had seen him with Tillard twice, about a week before; those were the only occasions on which I had seen him—he came into our yard—I told the police I had seen him before, and knew him well by sight; although they knew that, they placed him among men for me to pick out—he was the only man I knew by sight.
Cross-examined by Jones. You were seventy yards off when I saw you with the van; I had seen the three of you together—I did not see your face—I know your height—the detective did not tell me to pick you out, nor did he tell me how you were dressed—I could pick you out by your height.
WILLIAM EDWARDS . I live at 189, Catherine Buildings, Cable Street, and am fifteen years old—I was in Tillard's employment for about. three months—I left him about June or July last—he was a coal merchant and greengrocer, at 75, Gray Street, Commercial Road—under the shop, and in his occupation, were two cellars which he used—I know Jones by his coming there about every other day—he was clean shaved then—after I had left Tillard's employ I was playing with some other boys in Cray Street one afternoon, and I saw Rayner's van draw up at the side entrance to Tillard's shop in Gray Street—Tillard was driving the van, two other men were in it, and Jones was walking by the side of it—some sacks were in it—Tillard said to the two men I don't identify that it was only corn and chaff—I saw the sacks taken into the cellar by the two men whom I don't identify—there was a hole in one of the bags, and I saw some tea dropping out; it fell on the van—after the sacks had been taken into the cellar Jones, Tillard, and the other man went up to the Bedford, a public-house, with the van, which they left outside—another boy was with me; to each of us Tillard gave a penny—I cannot tell what day or what month it was—on the morning of 8th October I picked out Jones at the Police-station from among others.
Cross-examined by Tillard. I have seen vans at your shop lots of times—it is the first time I have seen sacks taken in—it is not the first time you have given me a penny—I cannot say what month you discharged me—I have seen bacon, eggs, and butter go into your place before.
CLARA GILDING . I live with my parents at 9, Gray Street, Philpot Street, Commercial Road—to the best of my belief I am thirteen—I know Tillard—he used to have a shop for greengroceries and coals at 75, Nelson Street, with a side entrance in Gray Street—I have seen Jones at Tillard's a lot of times—I remember playing one day in Gray Street, and seeing a van come up to Tillard's; and I saw some tea fall out of a hole, and Mr. Jones swept it away with his handkerchief, and then afterwards he took the broom and swept it on to the gate—sacks were taken from Tillard's gate, in Gray Street, to the van—I cannot say how many sacks there were—the van was empty when I first saw it, and then I saw the sacks put into it; and I saw a hole, and tea running out, and then it was swept away—Jones and Tillard carried the sacks—I saw no one else there—they were potato sacks—I made a communication to my mother as to what I had seen—I was not called before the Magistrate.
Cross-examined by Tillard. I don't know if I have seen a van outside your door, or if I have seen you take sacks in or out of your place before—I never saw a van with potato sacks outside your place before.
CHARLES JOHN PEARCE . I am light carman to Mr. Rayner—on 15th August I saw one of his vans empty outside the Anchor and Hope Yard in Bermuda Street, with Tillard and Francis in charge of it—there was no horse in it—Tillard said there were a few chips and broken wood in. the yard, I could have them if I liked for firewood—Francis heard that, he was about two yards away—I went into the Anchor and Hope Yard between 3.30 and 4, or later, and there found some bits of broken wood and a few empty tea-chests of plain wood not covered with paper—on 17th August, about 9.30 a.m., I saw Francis and Tillard with Mr. Rayner's van empty, and a black horse with white points of their own—I have known Tillard for about two years; I had not seen Francis before—Jones I only knew by his coming down once with Tillard to Rayner's stable, about taking a little light trap out—I next saw Tillard after 17th August at the Police-court, when he was with two others, I think—I identified him as the man I saw with Rayner's van—afterwards I picked out Jones from a number of men as one of the men who came down with Tillard on one occasion, and as a friend of Tillard's.
By the JURY. I knew they were tea-chests by the black marks on them, the writing—I can tell a tea-chest when I see it.
JOHN ANGEL . I am a carman and contractor, of 181, Mare Street, Hackney—on Monday, 17th August, at 9.45, I was outside my shop, and saw a van which had broken down, the tyre having burst off the hind off wheel, with a crowd of people round it—Tillard, whom I knew, was in charge of it—he asked me if I had a van I could let him have—I said, "Yes, there is one at the yard you can go and take "—he took the horse out, and my van was brought down to the other one—in the broken van were sacks, which I thought contained corn or something; the name on. them was "Press Brothers, Yarmouth," to the best of my knowledge—some tarpaulins were also in the van—all the sacks were moved from the broken-down van into mine—Francis assisted Tillard—I asked Tillard how long he would be with the van, and he said an hour to an hour and a half—Jones stood on one side, as a spectator, as far as I could judge, and took no part in loading or unloading; he was clean shaven then, except a moustache—I went with Tillard and Francis to the public-house and had something to drink—they left the broken-down van on the near side of the road, opposite the Dolphin public-house—shortly afterwards Tillard returned, and paid me one shilling and sixpence for the hire of my van—after it was put back into my yard by Tillard I went to put my horse in to go out on my own work, and I noticed some tea—the horse was a dark cob, what we call a cabber, straight forelegs the near side, and white points behind; it belongs to a cabman—the harness was white metal plate—afterwards I went to Mr. Robertson's stables in Hanover Square, and saw the same harness and horse there—when the van was broken down in the road, Tillard asked Francis to go up to the owner of the van and tell him about it; he did so, and brought back two or three men—I said, "You had better go and get a spanner from my place, and try and get a wheel from my place, and put a barrow underneath"—Tillard told Francis to get the van taken away, and he returned to take it away, going to my shop after the spanner.
Cross-examined by Jones. Five of us altogether went and had a drink; you would not have come if you had had anything to do with the men, you are too artful—I have been a policeman—I saw you there.
CAROLINE HUTCHINSON . I am the wife of William Hutchinson, a grocer and provision dealer, of 28, Amherst Road, Hackney—the business is carried on in my maiden name of Caroline Newman—I had known Hill as a customer six or seven weeks before I first gave evidence—between 8 and 9 a. m. on Monday, 17th August, Hill called; I had spoken to him before about a pair of scales which I wanted to purchase—he said, "I have brought you a weighing machine;" I told him to bring it in—he brought in the bottom part, and Francis brought in the top, and they fixed it up ready to be used, and went away—Hill came after ten o'clock and said, "I have brought you—the weighing machine, and I have brought some horse's fodder, and I should like to try the machine to see if it is correct"—I said, "Decidedly"—he was alone—I flaw a black-covered empty van drive up to the door and stop there; another man was outside pointing, and a full van came up with what looked to me like clean sacks of flour on it—immediately that van stopped outside Tillard brought a sack in to weigh what I thought was horse's food—Drummond came in with the first sack and stood on one side, and he and Hill took particular notice of how much it weighed; it was carefully weighed; they wrote on a paper how much it weighed—Hill said to Drummond, "Don't be so particular and niggardly in the weight"; and then he told the other men to bring in two sacks quick, and weigh and take them to the covered van—Tillard and Francis brought them, in—either Hill or Drummond told them to be quick—as the sacks were weighed they were taken out and put into the empty van—when more than half the sacks were weighed, I saw some black stuff running out, and I took a handful and said, "That is tea"—Hill said, "You know too much"—I had water boiling in my shop parlour, and I made some tea; it was very good tea—I used to call Hill by the name of uncle, as he was an old gentleman, and 1 forgot his name—once on that day I said, "Why, uncle, that is tea"—he said, "You want to know too much; you run away"—afterwards Hill looked worried and fretful, and I said, "What is the matter with you?"—and he said "It is a bad job; I wish I had not spent a lot of money over this business"—when I saw the tea running out I went upstairs to my husband—I had seen Drummond at Southend before—there were a lot of sacks—every sack that was taken out of the full van and weighed was put into the empty van—H ill took out "of his breast 'pocket this cheque book, and said to my husband, "Governor, I am a poor scholar; will you be good enough to fill this cheque up "; and my husband wrote something on it and handed it to Hill, who took a little time signing his name, and then he looked at the cheque, and read it, and handed it to Drummond, who folded it up and put it in his left side coat-pocket—I saw him go out, and I saw the vans turning round and driving towards Moor Street—in the meantime Markham had driven up to my shop—Tillard, before he went, said to me, "Will you shake hands with me?"—I said, "No; what for? "—he said, "I suppose you buy tea? I can sell you some at sixpence a pound"—I should not consider tea at that price was go honestly—I said, "No, my boy, I will not shake hands with you, neither will I buy tea"—there was a lot of tea on the floor, which I took
up—a few days afterwards Hill came and said, "So I am not goings to leave the scales here?"; and I said, "Yes, my husband will not allow me to have anything to do with them"—they were 30s.; I did not want to give them up; they were useful to me; he took them away.
Cross-examined by MR. PURCELL. I had seen Francis before—Drummond had a house close by me at Southend, and he said, "Good morning"; I did not see him again till he came into my shop—I did not know he was a canvasser in the drysalters' line in my shop, or that he had been in business for himself in the City—Drummond wrote something on a piece of paper with a pencil; I did not hear Hill or anybody else ask him to do that; I do not know how he came to do it—I only saw Drummond just put the weight on.
Cross-examined by MR. BURNIE. I had said to Hill two or three times before that I wished I could buy a secondhand pair of scales; that was some weeks before—I am sure Hill said it was horse food or horse fodder when he brought the sacks in—he said to Drummond, "Don't be so particular and niggardly with the weight; live and let live"—all he had bought of me he had paid a fair price for, and I had no suspicion of him whatever—when Hill came back about the scales he said they were worth 30s.—I said it was not that, my husband would not let me have them.
Re-examined. According to my idea about twenty sacks were weighed.
WILLIAM HUTCHINSON . I am a commission agent at 21, Amherst Road, Hackney, where my wife has an independent business as grocer and provision dealer in her maiden name, Newman—on 17th August, between 8 and 9 a.m., I came into the shop and saw a pair of scales—I had a conversation with my wife and gave her certain instructions—between 10 and 11 she called me into the shop, where I saw Hill, whom I knew, and Drummond, whom I recognised as a man I knew slightly five years before—I saw two sacks on the scales, and two carts outside, one empty and the other loaded, or nearly so, with sacks, backed on to the shop—the sacks on the cart were similar to those on the scales—I saw two men evidently going to take the sacks off the scales; one was Tillard, and I am pretty sure I saw Francis in the neighbourhood hanging about outside, and I think Jones as well, but I am not sure—I do not think I saw Francis in the shop—on the sacks I saw, "Press Brothers, Yarmouth "with a crown and a ring in the middle—I knew that firm—on the empty van was the name, John Angel—all the sacks but two were on the covered van, they reached to the tail end—I saw twelve carried to the covered van—my wife called my attention to a little heap of tea on the counter—I said, "Halloa, Drummond! How did you get on with your building speculations at Southend?"—I had originally seen him there live years before, and I think I had seen him twice in the interval—I said to Hill, "What does this mean?"—he said, "Well, governor, I offered the scales to the missus"—I said, "I know about that, and we agreed not to keep them"—Drummond said, "Mr. Hutchinson, there is no harm here; it is rummaged tea"—I said to Hill, "I wish this had not happened here; I should like to have prevented it; you will take away the scales immediately; you had better clear out at once"—he said, "I cannot take away the scales immediately, but I will come for them by-and-by;
I will soon be shot of this business, and then I will come for the scales"—Drummond had a note-book in his hand, and a piece of paper on the top of the note-book, and he had a number of figures down—Hill had a piece of paper in the same way—he and Drummond got into conversation together, and I went outside the shop on account of another van drawing up—when I came back into the shop, Hill took a cheque book out of his pocket and put it down on my left-hand counter opposite to where the tea was, and said, "Governor, I am no scholar; will you write out a cheque for me?"—I said, "No, I would rather not"—Drummond said, "Do oblige," and I said, "Yes, very well, I will do so"—I filled in the counterfoil and body of this cheque—I said, "What amount?"—Hill said, "£46 "—I said, "I suppose I shall make it out in favour of Drummond?"—Drummond said, "No, it is not for me"—I said to Hill, "To whom am I to make it payable?"—he said "Evans"—I wrote then, "Mr. Evans, £46, 17th August, 1891" and the counterfoil the same—then Hill signed the cheque; tore it out of the book, went over to the provision counter and put the cheque down and took money out of his pocket—Drummond took the cheque and cash and put them in his pocket—they asked me to have a drink; I would not; they went away—I sent them two postcards to come and take the scales away, and they were taken away in about a week—I was present when Hill was arrested; I then saw these scales on his premises, and I pointed them out to the police as those that were at my premises, and on which the tea was weighed.
Cross-examined by MR. PURCELL. I had met Drummond five years before, I think, at Southend-on-Sea, where he was doing some building Work—I understood he was in business for himself in the City—I was told he was in business in George Yard, Fenchurch Street—I did not know that latterly he had been canvassing in the drysalting line in the neighbourhood of my shop—I did not hear anyone ask him to take out his note-book and keep an account of the weighing—I remained in the shop when the cheque was drawn out; I am sure Drummond took it—I was between the counters—I was not looking on exactly, but I saw Drummond take the cheque and money—his and Hill's back were turned towards me rather—Drummond in the Old Jewry denied that he had received the cheque.
Cross-examined by MR. BURNIE. I believe I said before the Alderman that I said to Hill, "I wish this had not happened here; I should like to have prevented it"—it is in my original statement—I cannot say that I noticed it was not in my deposition, but I can understand that it may have happened—I thought it was an important observation for myself; I wanted more questions to be put to me at the Police-court, I was not satisfied—the police came to me on 5th September; I had not been to them up to that time; I had heard nothing about the case, and knew nothing of any robbery—they came to me about half-past ten at night—I had been at Brighton all day—I was rather alarmed and annoyed when they came.
Re-examined. I have not the slightest doubt that Drummond took up the cheque and the money; there was no one else there to take it except Hill—I first heard of this tea robbery from the police, and then I said what had taken place in my shop—my name has appeared in the press in
connection with this matter, and has been injured; my acquaintance with Hill and Drummond is of the very slightest kind.
JAMES PALFRY . I live at 57, Morning Lane, and am porter to Markham and Co., egg importers, Hackney—I used to work with Tillard—on Monday, 17th August, I went with young Mr. Markham to Newman's shop to deliver some eggs—I saw two vans at the door, one covered and one open—the covered van had some sacks which seemed full in it—the uncovered van which had nothing in it was John Angel's, of Mare Street, Hackney—Tillard was brushing it out when I got there—I went into the shop—I saw there Hill, whom I knew by sight, and another man whom I cannot recognise—each had a piece of paper, and they were conversing—Mrs. Hutchinson spoke to me—when I had finished my job I had a drink with Tillard, and then the vans drove away—in consequence of what Mrs. Hutchinson said to me, I asked Tillard whether the stuff was on the crook; he said yes—on the crook means stolen—after having the drink, I went back to the shop and found that Hill and the two vans had disappeared.
HENRY THOMPSON . I am cashier at the London and County Bank, Shoreditch branch—Hill has an account there, and had in August last—this cheque for £46 drawn on our bank, payable to Mr. Evans or order, and endorsed "John Evans," has been debited to Hill—it was paid by me over the counter—I cannot identify the person to whom I paid it—these two other cheques are also drawn by Hill on our branch, and are also payable to Evans—the endorsement on the first cheque is not in the same handwriting as that of the other cheques.
WILLIAM STERN . I live at 6, Hessian Street, Stepney, and am a horsekeeper—in August last I was in the employment of James Robertson, Hannibal Road, Stepney Green, a cab proprietor, in a small way of business; he had a Hansom's cab and two horses, one of them a black horse with white points—on Saturday morning, 15th August, I went to the stables at seven o'clock as usual; I found the black horse and white metal harness were missing; the horse had been there when I left the previous night at eight or past-past eight—about nine in the morning Woolmer, whom I know as "Happy," came, and was talking to me when Tillard, whom I knew by sight, and, as I believe, Francis came into the yard with the black horse and the harness—the horse was warm—Happy asked Tillard where he was going with it—I am hard of hearing—Tillard said he was going to take it to Jim—he put the horse into my master's cab and got on to the dicky, and drove away with it—I understood he meant my master by Jim—I don't know what became of the other man—after Tillard drove away, Robertson, my master, and Jones came into the yard again—I had seen Jones in the yard with my master before—my master was drunk, Jones was sober—Happy asked my master where he was going with the cab—Robertson had only one cab, so that Happy was not able to go out as usual—Jones said to Happy, "Come and have a drink"; Happy refused—about eleven o'clock Tillard came back with the horse and cab—I have seen Jones with Robertson about half a dozen times—soon after this there was a sale at Robertson's, and the black horse, and the other horse, and the cab were sold—I don't know what has become of Robertson, or where he is to be found—it is some little time back since I saw him; four or five days after this transaction I think.
Cross-examined by Jones. It was on a Saturday in August I saw you come into the yard—Mr. Murphy, the detective, told me it was the 15th.
Re-examined. I am not sure of the day of the month, but I know it was a Saturday in August; it was the same day that Tillard came about this horse.
GEORGE WOOLMER . I am a hackney carriage driver—I am known as "Happy" among my friends—in August I was driving a cab belonging to James Robertson, Hannibal Road, Stepney, who had a cab and two horses at that time; one of the horses was black with white points; that was the one I always drove—on Friday morning. 14th August, I saw Robertson and Jones, whom I had seen once or twice before, and another man in the yard—they went towards a public-house—on the following morning I came to the yard to get out my cab; and I found the cab there, but the black horse and harness were missing—I remained in the yard till one o'clock—a little after eight a.m. Tillard, whom I did not know before, came in with the horse and harness, and put the horse in the cab and went away with them—the horse was sweating when it came in—I was there when he came back—on that Saturday my master came with Jones into the yard—my master was drunk—I asked him what I was going to do; whether I was going out—he was too far gone, and he did not give me an answer; but Jones, who was sober, said, "Give him a half of mild and bitter"—I did not accept the offer at first, I did afterwards—my master was known as Pipelights in the yard—I saw him again on the Monday, but not after that—I don't know what became of the horse and cab; the horsekeeper told me it was sold—I did not go to work on the Monday.
Cross-examined by Jones. You were with Pipelights when you treated me—you led my master out of the yard and told him to treat me.
THOMAS GEORGE PRIOR . I live at 88, Jamaica Street, Stepney, and am a labourer in the employment of Mr. Rayner, the carman—I know Tillard and Francis as customers of my master, hiring vans—on Saturday, 15th August, Tillard came to the yard between five and six a.m. to hire a van; he brought a black horse with white points and harness with him—I have authority to let horses to any one I know—I let him have a van which had the name of Rayner on it, and the address Bermuda Street—Tillard put the horse in the van and drove away—the next thing I saw of the van was on 17th August, when I saw it in Mare Street, Hackney, with the wheel broken—Francis fetched me to the broken-down van, the tyre had broken off the hind wheel—I put a horse in the trap and went with Francis there, and found Tillard in charge of it—it was empty—I saw the same black horse with white points—I took the broken van back to my master's place—Francis rode with me to the Salmon and Ball, and left me there.
Cross-examined by MR. PURCELL. When Tillard came to hire the van Francis was not with him—the first I saw of Francis was when he came for me on 17th August, to get me to fetch away the broken van.
WILLIAM LANGRIDGE . I am a carman and sack dealer, at 84, Hare Street, Bethnal Green—on Saturday, 15th August, about nine or quarter-past nine, Tillard came; I did not see how he came, but I saw a Hansom's cab there—he asked me if I had got a few light sacks I could sell him—I told him I thought I had—I sold him two and a half dozen; some were plain, and some were marked, "Press Brothers, Yarmouth," and some
"Pilsbury"—since the case was before the Magistrate the police have shown me a number of sacks, which are very similar to those I sold to Tillard; I could not swear to them; one of them was marked, "Press Brothers, Yarmouth"—Tillard paid 7s. 6d. for them, put them in the cab, and drove away with them—I don't think I sold him this sack with "Pilsbury" on it.
CHARLES HOWARD COOK . I am Superintendent of the Columbia Market, Shoreditch—Hill occupied No. 1 Shop, Georgina Gardens, Columbia Market; no business was carried on there, Hill used it for storing; he had been in occupation of it since September, 1890.
CHARLES JOHN PEARCE (Re-examined). The broken wood I saw was a tea-chest something after the style of this chest (produced); I believe the marks on it were like these—I have seen tea-chests before when I worked at a tea dealer's; that was how I came to know it was a tea-chest.
JOHN DAVIDSON (Detective-Inspector, City). At two a.m. on 3rd September I went with other detectives to 3, Pereira Street, Whitechapel, and to a room on the first floor, where I saw Tillard; he was out of bed and partly dressed—I said, "We are police officers; is your name George Tillard?"—he said "Yes"—I said, "Dress yourself; you will have to go to the City with me; you must consider yourself in custody; I will tell you the charge later on"—he dressed himself—I said, "You will be charged with being concerned with other persons not in custody with breaking and entering St. Olave's bonded tea warehouse, and stealing therefrom, between the hours of six and seven in the morning of Saturday, 15th August, sixteen chests of tea, value about £80"—he made no reply—I conveyed him to the station—on the way I said, "You are the person who engaged the van from Rayner's, Bermuda Street, Jamaica Street, Commercial Road, that van has been identified as the van that drove the tea away; you are the person who drove that van to Bermuda Street; you are also the person who gave to a lad some tea-chests"—he said, "I do not deny being the man who drove the tea away; I was hired to do so"—the charge was entered at the station; he made no reply—about two o'clock on Sunday morning, 6th September, I went with other officers to 247, Green Street, Bethnal Green, a cheesemonger's and grocer's shop occupied by Hill—I knocked at the door, and after some time Hill's wife admitted me—I searched for Hill, but could not find him—Sergeant Egan went into the back yard, and I saw him bringing Hill out of the coal cellar of the adjoining yard; he was partly dressed and had marks of coal dust on his face—the only way from his back yard into the adjoining yard, that I could see, was over a low wooden partition; we tried to get him over the wall, but ultimately we got him through the adjoining premises, and he was brought into his own premises—I said to him, "I am an officer of the City police, these are police-officers; this is Mr. Hutchinson, of 28, Amherst Road"—he was with us—I said, "Do you know him?"—he said, "Yes"—I said, "On 15th August, St. Olave's tea warehouse, John Street, Minories, was broken into and about sixteen chests of tea were stolen therein; that tea was driven away by a horse and van to Bermuda Street on Monday, 17th August. The van was driven by the same men, containing
the tea, which had then been placed into sacks. This van broke down in Mare Street, Hackney; the tea in the sacks was removed from this van into a van belonging to John Angel, Mare Street, Hackney. The same men drove the sacks and contents to this gentleman's shop." (Pointing to Hutchinson.) "At the same time a van drew up there empty. A pair of scales had been taken into the shop. The tea was removed from Angel's van on to the scales and weighed; taken again from the scales and put into the empty van. You asked Mr. Hutchinson to fill in a cheque for £46; that cheque you handed, with money, to the persons who brought the tea, where is it?"—he said, "I did not buy the tea; I advanced money upon it; two men came to me and said they were going to clear out a shop at Hackney, and asked me if I had £100. I told them no, but agreed to lend them £46. I was to have had £12 for lending the money; I only got £10; I don't know where the men live. I know them as attending sales. I went to Hutchinson's shop to see the stuff weighed, and to see that I had not been done for my money. I gave them that cheque. I signed it; it was on the London and County Bank, Shoreditch branch"—I said, "The scales with which the tea was weighed are in the kitchen of this house; the marks on the sacks which contain the tea correspond with the marks on some sacks I see here, what teas have you here?"—he said, "All the teas I have here I have invoices for"—I went with him to a landing on the first floor; I saw there a large quantity of tea in three or four open tea-chests, three complete chests of tea, and a sack containing tea, with the name "Press Brothers, Yarmouth" on it, and these four empty sacks, two bearing the name of "Press Brothers, Yarmouth," they have been identified by the witnesses—I said, "I don't believe your statement; I believe you purchased the tea for £46, I believe this to be some of the tea; you must consider yourself in my custody on a charge of being concerned with George Tillard and John Francis, in custody, in breaking and entering the St. Olave's bonded tea warehouse, between the hours of six and seven on Saturday, 15th August last, and stealing therein about sixteen chests of tea, of the value of £80; you will be further charged with receiving that property, well knowing it to have been stolen"—he made no reply—at the station a cheque-book on the London and County Bank was found on him; the counterfoil of this cheque is in it—on 9th September I saw Hill in the cells at the Mansion House in the presence of his wife—I said to him, "Will you give me the key of the shop in Columbia Market, the place is being watched; you cannot get anything out, you had better give me the key, or I shall break it open"—he said to Mrs. Hill, "Tell William to give him the key, it is all up now"—he said to me, "You will find all the teas there that you are looking for, the teas and butter you will find invoices for; the furniture belongs to a publican"—to Mrs. Hill he said, "I have been let into this," and he began to cry—the same day I got the key from William, who is the prisoner's son, and with it I opened the premises, No. 1, Georgina Gardens, Columbia Market—I there found ten sacks of tea; on some of the sacks was, "Press Brothers, Yarmouth."
(MR. FULTON proposed to give evidence of other property stolen within the preceding twelve months, found on Hill's premises. MR. BURNIE objected, as the property was found subsequently to, and not at or about the time of, Hill's arrest.) (Q. v. Carter, 14 Cox; Q. v. Drage, 14 Cox; Q. v. Fennell and
Knight, Sessions Paper, vol. xcviii., p. 701). After hearing MR. FULTON in reply, the COMMON SERJEANT admitted the evidence.)—I also found two barrelsof loose cigars, a box of gum, a bag containing gum, six views, a photo of the Virgin Mary, twenty photos various, four boxes containing paints, a packet of paper and envelopes, a copying press, and a number of other articles of which this is a list—all those things except the gum have been identified—on 6th September, on searching 247, Green Street, Bethnal Green, where Hill was living, I found four chests of tea, one half-chest of green tea, and one half-chest of black tea (they have to do with this case), one barrel of cigars, a quantity of loose cigars, and a quantity of other things which have not been identified, including four remnants of silk, three pieces of plush, four pieces of ribbon, a quantity of needlework, a leather trunk with the lock forced, a cigar case, a silver mirror frame, lady's dresses, gentlemen's undershirts, and these plated goods; on some of the spoons is engraved Dresden, 1890; some of them are silver—on 23rd September, William Hill handed me some property which I had seen at 247, Green Street, on 6th September. (A list of this property was read; it included hairbrushes, on one of which was A. C. Phipps, and on another Ellen Phipps, pearl necklaces, a piece of black silk, and a dress)—those things have been identified—this lock has evidently been burnt, it looks as if it might belong to one of the trunks—afterwards Mrs. Worcester handed me some other property—I had not seen it before; I saw that some of it came from Columbia Market, the trunk certainly—I went there and saw her get it; it was not from No. 1—on Saturday, 12th September, I saw Drummond in custody at 26, Old Jewry—I said, "I am an officer of the City police; you are brought here on a charge of being concerned, with George Tillard, John Francis, and William Hill, in custody, with breaking and entering St. Olave's tea warehouse, John Street, Minories, between the hours of six and seven on the morning of Saturday, 15th August last, and stealing therein about sixteen chests of tea; you will be further charged with receiving that tea knowing it to be stolen"—he said, "I know nothing about it"—I said, "Do you know a person named Hill?"—he said, "Yes"—I said, "Do you know a person named Hutchinson, of 28, Amherst Road, Hackney?"—he said, "Yes"—I said, "It is alleged against you that you were present at Hutchinson's shop on Monday, 17th August, and a van drove up loaded with sacks containing tea, the sacks were removed from that van, placed upon scales in Hutchinson's shop, and weighed; you superintended the weighing of the tea, which was afterwards taken out and put into an empty van. After the tea had been weighed you received from Hill a cheque for £46, which had been made out in the name of Evans by Hutchinson at the request of Hill; when the cheque was handed to you Hill also handed you some money"—he said, "I know nothing about any cheque; I was there at Hutchinson's, I don't know the date; I went there to get orders; I canvass Hackney, and that is on my ground"—he was confronted with Hutchinson, taken to Seething Lane Police-station, and detained—on 13th September, with other officers, I saw Jones at the corner of Buros Street, Commercial Road—I said, "I am a police officer; I want you"—I told him the same charge—he said, "You have made a mistake; I don't know the people you speak of"—I said, "I have certain information, and want to search your house"—he said, "It is only fair
that I should be there with you"—we went with him to a room at 7, Buros Street, which I searched—I brought away three peaked caps which have not been identified—he was placed among fifteen other persons at Seething Lane, and identified by Curtis, Rayner, and Pearce—he did not say anything when charged at the station—samples of the property I have spoken of and which I have on my list, are in the neighbourhood of the Court; it would take three or four vans to bring it all here—it has been identified by witnesses who are here—I was at the station when Francis was brought in in custody on 4th September—I charged him with being concerned in the breaking and entering this warehouse and receiving; he said, "I know nothing about it"—he was placed with twelve others and identified by Russell, Spooner, and Rayner.
Cross-examined by MR. PURCELL. I do not tell prisoners what the case for the prosecution is against them unless it is necessary—sometimes I take notes—probably Drummond's words were, "I know nothing about the cheque;" he did not admit there was this cheque there—Drummond gave the address, Mary Villa, Leytonstone—an officer went there; nothing was found that was suspected to be stolen—I know by inquiries that he has been in business for himself in London—I know nothing against him in the way of any charge or conviction.
Cross-examined by MR. BURNIE. I believe there is a lavatory in Hill's yard—I do not know that he was suffering from stricture—I cannot say whether I intended to charge him when I brought him back to his premises; I was making inquiries then—I might have asked the questions I did if I had intended to charge him; I do not say that I examined him—I told him the case against him to tell him the position he was in—I did not caution him; if he had been in custody I might have done so possibly—to some of the prisoners I told the case after I took them into custody; I did not ask questions of them, nor did I caution them—I found three complete chests of tea and invoices for them; which were not said by Mr. Wrightson to be similar to his—247, Green Street is a very large grocer's shop—seven other officers were with me when I arrested Hill; we went down in three cabs and surrounded the place.
Cross-examined by Jones. I do not say you had tools on you, I was searching for tools—I searched your place thoroughly, and found nothing beyond the caps and some duplicates in the name of Hurley.
Re-examined. Hill has a lavatory in his own back yard; there was no reason why he should get over the wall into his neighbour's back yard, or why he should take his stricture with him.
LEONARD WRIGHTSON . I am one of the firm of Wrightson and Co., owners of the St. Olave's bonded tea warehouse, in John Street, Minories—on 15th August I missed some tea from the warehouse; it was all different kinds of tea; these chests were broken out from the pile ready at the loophole for delivery to the railway vans—we made out at the time that 1,530 lb. of tea were missing, but we have since discovered a deficiency of two more chests, or 200 lb., making in all 1,730 lb.—Davidson showed me some tea at Seething Lane Station; I saw it weighed; it came to 1,358 lb.—we missed nearly all Indian tea, and that shown me at Seething Lane was nearly all Indian—I missed one chest of green tea; there was some green tea
among that shown me; and the classes of tea shown me were the same classes as we missed—the value of it was about £80 I said at first, but I had forgotten the duty; the tea and duty together would be of the value of upwards of £100—it had been there various times, some from the year 1888—it had been taken from storage within twenty-four hours before probably—more than half of it was high-class tea—this is an Indian chest with no paper round it—the tea shown me by Davidson was some in sacks and some in chests half full, some of them, broken chests—the tea did not belong to the chests it was in; I could tell by the marks on the chests.
Cross-examined by MR. BURNIE. Some Indian tea goes to Australia, but nearly the whole body of Indian tea comes to London, so that great quantities of similar teas to these are imported every year—there are other bonded warehouses besides ours—I know nothing about the retail trade, but I am the oldest warehouse keeper.
CONRAD GEORGE BEAR . I am a cigar manufacturer, of 132, Bethnal Green Road—on 13th August, about 11.45 p.m., I left my premises secured—next morning I found the gate at the rear and the door leading to the factory open—the gate and door had been secured the night before—I missed from 40,000 to 50,000 cigars, worth about £180; some in tapes, and some in ribbons, and some in fifty boxes—our bunch wrapper is Japan leaf, and not one manufacturer in a hundred does that—on the premises we found a jemmy, centre-bit, and skeleton key—about 23rd September I was shown, at Seething Lane Police-station, about five thousand of these cigars; the majority of them are mine—they are similar to those stolen—we have opened several to see the bunch wrapper, and it is the same. (Inspector Davidson here stated that the entire quantity of cigars found at both of Hill's places was about 5,000.)
Cross-examined by MR. BURNIE. I identify some of the cigars, not all; they are similar in size and shape, and the same kind of tobacco—I don't know another manufacturer in London who uses the same kind of tobacco—I will swear the majority of the cigars are mine—I get my tobacco from Charles Myers, of Fenchurch Street, who only sells that kind of tobacco to me in London; his traveller is here—I don't know what he sells in the provinces—the size and shape is no patent of my own; the majority of these that I have are my shapes—I alone use these bunch wrappers in London, I don't know about the country; I get them from Myers—the tape round these we all use before the cigars are dried.
Re-examined. Cigars are never sent out with tapes round them as these are; they are in an unfinished condition.
THOMAS BEAR . I am the last witness's brother, and assist him in his business—I am acquainted with his make of cigar; this bundle is our goods I am certain; some of these I am rather doubtful about, but some are our make.
Cross-examined by MR. BURNIE. I pledge myself these are ours beyond doubt—our girls paste their bunch wrappers—this cigar is our make; the paste and bunch wrapper enable me to identify it—that paste is used by other firms, but they don't paste their bunch wrappers, and we allow our girls to do it—I know about the trade in London, not about that in the provinces; I have not heard that they paste there—this is the Japan bunch wrapper that we use; it is sold for outside leaf,
and I never heard of its being used for bunch wrappers; I cannot say about the country; the things I rely on are the paste, the Sumatra outside leaf, and the Japan bunch wrapper.
Re-examined. Other people use the Japan leaf for the outside; we are the only people who use it in London for the bunch wrapper.
THOMAS HENRY POTTER . I am traveller to Mr. Charles Myers, of 35, Fenchurch Street—since September 1889, I have supplied Mr. Bear with Japan tobacco leaf; I don't know his cigars, I should know what they were made of—he uses Japan leaf for the bunch wrapper—that is very unusual in the trade—I know of no other manufacturer in London who does it—I saw some of these cigars at the Police-station.
Cross-examined by MR. BURNIE. I travel in town and country—other manufacturers do not use that bunch wrapper in London, but I cannot pledge myself that other manufacturers in the country have not the same practice.
EMMA WILHELM . I am a lady's maid in the employment of Mr. Henry Phipps, who in April last was staying with his family at Dresden—I packed six trunks, to be sent to England—I have since seen these two; the locks were not broken when they were sent off—I have been shown by Davidson some of the property I packed in those trunks, underclothing, silver, and so on, and I identify it as my master's property—the trunks were going to a shipping agent in Dresden to be sent over—I arrived in England about 26th April—two trunks arrived, the other four were missing—inquiries were made for the trunks about a fortnight after, but I did not see the property till I saw it in the hands of the police—I have identified other things besides those here—these are the trays belonging to the trunks—the property I have identified came out of all four missing trunks—the two trunks recovered had not been tampered with.
Cross-examined by MR. BURNIE. What we have recovered is a very small portion of what was lost.
ALFRED LEUNTNER . I am manager in the express department of Messrs. Pitt and Scott, carriers, of Cannon Street, and agents for Schloesman and Scheffer—on 23rd April we received the advice that six trunks were coming from Mr. Phipps; one trunk arrived on 4th May and one on 11th May, four trunks were missing out of the consignment—in the ordinary way the trunks would have been delivered to us by the Great Eastern Railway.
GEORGE BERRY . I am a checker in the employment of the Great Eastern Railway Company—on 7th May I helped to check a van which contained the goods on this sheet and other goods; among the goods are four trunks consigned to Pitt and Scott, Cannon Street; they were loaded on to the van—Emery was carman.
EDWARD EMERY . I am a carman in the employment of Mrs. Howell, who is sub-contractor to Messrs. McNamara, the carriers for the Great Eastern Railway Company—about 7th May I received four trunks at Bishopsgate-station, Great Eastern Railway, on my van—this is the sheet; on it they were addressed to Messrs. Pitt and Scott—I delivered at different places, and ultimately I stopped in Castle Street in order to go to McNamara's office—while I had gone down the street I heard a man whistle—I only saw two persons standing against the gate when I went back—when I came back my van had disappeared—I went into the office and afterwards gave information to the police—next
morning I saw the van in McNamara's yard—the four trunks were missing from it—some of the other cases were still on the van, and I delivered them; one of them had been opened.
By MR. AVORY. I always knew him to be a carman; his father worked for me nine years—I am not aware that Tillard has been identified as the person who drove the van away with these trunks in it—I heard he gave evidence this week as the person who drove away the van in the great watch robbery on the South-Eastern Railway—I always knew him to conduct himself well since he was a lad.
By MR. AVORY. I lent him the van in which the tea was taken away, and I lent him the van in which to carry away the watches from the South-Eastern Railway.
Tillard in his defence said he was employed to drive the van, and that he did not know there was anything wrong.
CATHERINE HUTCHINSON . (Re-examined by the JURY). Drummond was not in the habit of calling upon us for orders, nor of canvassing—I only saw him eight or nine years ago at Southend, and I had never seen him since at my premises till he came with Hill and the tea.
Jones, in his defence, said that he was not in John Street on the morning in question. Hill and Drummond received good characters.
TILLARD, JONES, and FRANCIS, GUILTY. HILL and DRUMMOND, GUILTY of receiving. JONES** and FRANCIS PLEADED GUILTY to having been previously convicted of felony— Five Years' Penal Servitude each. DRUMMOND— Twelve Months' Hard Labour. TILLARD and HILL— Judgment respited.
OLD COURT.—Wednesday, October 28th, 1891.
Before Mr. Justice Wright.
MR. A. GILL Prosecuted, and MR. WARBURTON Defended.
NOT GUILTY .
NEW COURT.—Wednesday, October 28th, 1891.
Before Mr. Recorder.
WALTER BATES . I am an advertisement contractor, of 74 1/2, Grace-church Street—I have known the prisoner eight or nine years, but I lost sight of him—I knew he was in London three or four years ago—he came to my office last summer, to see me about some company in America—it was then, perhaps, two years since I had seen him—I
printed some prospectuses for him—he called on January 29th, and said he had just arrived from France, and had not had time to get money from the bank, and was short of money, and asked me if I could cash a cheque for him for £25—I hesitated at first, but as two American gentlemen had deposited money with him I gave him a cheque—he then gave me his cheque for six hundred and odd francs—I said that I must have the money—he said, "The money will be in London in four days"—I asked him if it was all right; he said, "Yes, I have just paid in four" or five "hundred francs," I forget which—he gave me a cheque on the Credit Foncier, and I gave him my cheque for £25, payable to his order—he endorsed it in my presence—I sent his cheque to my bankers, and it was returned to me with this protest (produced) for which I had to pay a guinea—he had made an appointment to see me in a few days in connection with the prospectus, but he did not turn up, and I did not see him again till he was arrested in Glasgow on a warrant nine months afterwards—he said he was staying at South Bank, Bromley, except his wife and her sister, who were at Monte Carlo—he also said that he was staying at the Hotel Victoria—I made personal inquiries there, and also at Bromley, and of different tradesmen.
Cross-examined. I was on friendly terms with him years ago, but not recently—about a month before this transaction he and I and other gentlemen went to the theatre and had supper together—I was friendly with him, or I should not have given him the cheque—I knew that the American gentlemen were men of substance—it was in 1882 or '83 that he swindled me before; that was on a cheque on the Royal Bank of Scotland—I got a shilling in the pound back—that was his own cheque for money I had paid for him in connection with a proposed dairy company; he wished to turn a dairy farm into a company—I was not connected with it beyond doing certain work for him—it was a direct swindle—the American gentlemen deposited money, and the prisoner ran away with it—I pledge my oath most solemnly that he said there was money to meet the cheque—I had not had many transactions in cheques with him before—this was nine or ten months ago, but I will pledge my oath to the words used—my clerk was coming in and out of the room, and I sent him to the bank with the cheque—I have not brought him here—I have never seen these receipts (produced)—he did not show me the receipts of the bank; he explained that his name being printed in the corner was a guarantee—when I got the cheque back I wrote two letters to Mr. Vallance, and one to South Bank, Bromley—I wrote to the prisoner, and addressed him as dear Findlay—I did not then think he had obtained the money from me by false pretences, or I should not have written in that tone—I gave a cheque on the Monday, which came back; I have not been prosecuted—I had a big bill to meet, and I was run short in consequence of the prisoner's cheque coming back.
Re-examined. The reason my cheque came back marked "N. S." was because this cheque was returned—I had not received his cheque back protested; more than four days had passed, and I had not received the money—I got the protest ten or twelve days afterwards; it was longer than seven or eight days—I should not have paid him the money if I had known there was no money at the bank; I was very short.
Girvan Findlay—it is kept by me, and is in my writing—it was opened on 24th December last with 3,184 francs, that was the only sum paid in—on January 1st, 1891, the balance was 1,767f. 80c.—on January 5th there was a payment by the head office of 1,500f., and he was debited with that, and on January 9th with 200f.—68f. then remained, and on January 30th 50f. were drawn out by this cheque (produced)—I do not remember the cheque in question being presented to me.
Cross-examined. I do not know that the cheque was dishonoured—the items of this account are copies of entries in the cash-book and other books at the bank, copied by myself—we have pass-books, but the prisoner never asked for one till the last letter he wrote—large or small accounts for all customers are kept on slips like this—I cannot say whether the first cheque paid in, the 1,000f. cheque, was presented twice—it is dated December 29th, and the date is not in the same writing as the body—if the date is put in figures instead of letters we refuse payment until it is put in order—if there was no date I should send it back to be put in order—I cannot say whether this cheque has been sent back to have the date put in; there is no clerk here who can tell you—it would be in the cashier's department, and he is ill—the deposit accounts are made up twice a year, and a copy is sent on 31st December, 1890, but I cannot say for certain with regard to the prisoner's account.
Re-examined. It is the custom to send a statement of accounts to every customer twice a year—that is done by another clerk—the cheque for 1,000f. was drawn on the 29th, and debited to his account on the 30th.
JOHN MITCHELL (City Detective Inspector). On August 27th I took the prisoner in Glasgow, on a warrant, which I read to him—he said, "When I gave Bates the cheque I thought there was more than sufficient in the bank to meet it"—I found on him fourteen pawn-tickets, dated from September, 1890, to July, 1891, for jewellery and clothes—the total amount of them is about £8; they were pawned at various places—I found this document in his possession. (A list of pawnings).
Cross-examined. The police at Glasgow were informed by telegram; the prisoner was arrested, and I went down—the prisoner was travelling on commission for printing—the first pawn-ticket is September, 1890—in the list there is a waterproof coat pawned in the name of G.D. Vaughan, not for 7s. 10d., I take it to be the 7th of the 10th month.
The Prisoner's statement before the Magistrate: "All I have to say is, in regard to the cheque of £25 I had no intention to defraud, and that a cheque for 1,000 francs was drawn on Havre by me prior to my leaving Paris, which I was told, three days after calling, that it being written in figures the amount would not be cashed; therefore I could not get the money, and the cheque consequently would be returned unpaid. On that presumption I considered I had 1,000 francs to credit, but it turned out afterwards that the cheque was paid by the Havre branch of the Credit Lyonnaise, and the money afterwards returned to me. The first cheque for 298f. 50c., which was the first cheque operating on the account at all at that bank, was not paid by the Credit Lyonnaise, on account of the informality of the date being in figures. Some time afterwards that identical cheque followed me to Paris, whereupon I gave a fresh cheque for the same, writing the date in letters; that cheque was duly honoured. The first cheque I believe can be produced."
GUILTY — Nine Months' Hard Labour.
852. JAMES COLBIT CARTER (37) , Feloniously carnally knowing Alice Edith Carter, aged ten years. The prisoner stated that he was " GUILTY of the attempt, " and the JURY found that verdict. He received a good character— Fifteen Months' Hard Labour.
Before Mr. Justice Wright.
MR. HUTTON Prosecuted, and MR. WARDE Defended.
WILLIAM HENRY PETTIT . I am a fireman—at eleven minutes past two on the morning of 11th September I received a call to Ordnance Road—I went to No. 8, and found the parlour at the back of the shop well alight—I ordered the hydrant to be got to work, and extinguished the fire—I saw the prisoner shortly after at No. 4, opposite—I asked her if she could tell how the fire occurred—she said, "No;" that she closed the shop at ten and was sitting up for a lodger; she supposed she fell asleep, and when she awoke she was burnt—she was burnt a little in the face.
Cross-examined. I believe some oil was fetched for her face—it is a general shop for all sorts of small goods.
FRANCIS JOHN VIAN . I am a grocer, at 7, Ordnance Road, Canning Town, next door to No. 8—about two on Friday morning, 11th September, I was in bed—I heard a noise as of something falling at No. 8—I got out of bed and looked out of window; I saw smoke issuing from the back door of No. 8—I immediately ran round to the prisoner's side door and knocked—she appeared at the door fully dressed, with her bonnet and shawl in her hand—I asked her if anybody was unwell—she said, "No"—I immediately ran back to fetch my own children, which I had great difficulty in doing; the hairdresser helped me to remove them—I sent for the fire brigade.
HENRY LAND . I am a hairdresser, and live at 4, Market Place, Ordnance Road—at two in the morning on 11th September my attention was called to a fire at No. 7; I was alarmed by cries of "Help" and "Fire"—I went to the corner and saw the prisoner—I said, "Whatever is the matter?"—she said, "Nothing"—I asked if there was anyone in the house—she replied, "No"—I asked her if she had a key, or any means by which we could get into the house?—she said, "No"—I tried the door, it was fast—I then smashed the window of the burning room; the room was well alight—the fire brigade came up some minutes afterwards—the principal fire was in the kitchen or shop parlour; principally about the table; it seemed alight all round.
CHARLES COCKETT . I am a member of the Salvage Corps at West Ham—on 11th September, at twenty minutes past three, I went to 7, Ordnance Road, and examined the premises—in the first floor back room there was an iron bedstead with a straw palliasse on it; there was a small
box on it with papers and ships' discharges, and some remnants of wallpaper, that was wet and smelt very strongly of turps; there had been no fire in that room—in the front room there was a wet patch on the floor, smelling strongly of turpentine—I saw some matches strewed along the floor in packets, not loose; some under the bedstead and some in front of it—I then went down and examined the shop—I saw there had been fire in part of the shop near the door—I saw chinaware there, bundles of wood, and a galvanised-iron tank with paraffin oil in it, and underneath the tank I saw about four packets of matches, some bundles of wood, and two packets of candles—I went into the kitchen; that was burnt out—I should say the fire in the shop came from the kitchen; the door between them was burnt from the kitchen side.
Cross-examined. The turps on the bed upstairs was spread about; over the wall-paper—it was more than a sprinkling—the top piece of paper was wet—there were twenty-four bundles of matches in dozen packets—the shop had the appearance of an oilshop—the tank had a cover to it—the wood was packed in a recess under the tank.
JAMES FORD . I live at 40, Commercial Road East—I am superintendent of the eastern district of the Salvage Corps—about seven in the evening of 11th of September I went to Ordnance Road and examined the premises with the sergeant—in my opinion there was only one fire—there had been a good deal of fire round about the shop—the back room was practically burnt out.
JAMES BARRETT (Police Sergeant R). I went with the last witness to No. 7, and examined the premises—I arrested the prisoner and said I should take her into custody for setting fire to her house—she said, "Very well; I must abide by the consequences"—I examined the palliasse upstairs; I did not notice any insects on it.
Cross-examined. The tank was about two feet square, there was eleven inches of oil in it; it had a cover on—the space underneath was filled up with four gross of matches and a few bundles of wood—the prisoner alleged that nine £5 notes were burnt—I know that hundreds of bills have been circulated asking for the lodger, a sailor, to come home.
BENJAMIN BLAKE . I live in Upton Park, and am a commercial traveller in the employ of oil merchants—I have been in the habit of supplying the prisoner with turpentine; she has had a gallon a month for the last five months—the last I supplied her with was on 4th September.
JAMES FORD . I was present at the Police-court when Mr. Harrison gave evidence, and saw him sign his deposition. (Mr. Harrison's deposition was read, in which he stated that the insurance effected was for £200.)
GEORGE FREDERICK WATTS . I am assistant to Mr. Harrison—at the time of the insurance I made an inspection of the premises—I have since valued them—there is no alteration in the stock, but the greater part of the furniture has been removed
Cross-examined. The furniture from the upper floor has been removed, the rooms are nearly vacant now—I surveyed the furniture before granting the insurance, that is not unusual; in business premises we always do—I made a report to the office—I saw sufficient to recommend the acceptance of the insurance for £200—the prisoner was present
when I made the examination—it is a very small house—they appeared very respectable people.
HENRIETTA MCEVOY . I am the prisoner's daughter-in-law, the widow of her son—I live at 54, Richard Street, Hammersmith—the prisoner gave me three boxes six weeks before the fire, about the beginning of August; they contained bed-clothes and wearing apparel; she told me to take the boxes, as she was going to take larger rooms when she had let the shop—she gave me nothing else—I saw a public-house clock hanging in the kitchen; I never saw it anywhere else.
Cross-examined. I was married two years ago—at first we lived with the prisoner; twelve months afterwards we left—afterwards I went back to live with her—in August last we talked of taking a small house—she gave me the three boxes the morning I moved, and told told me to prepare a room for herself and her lodger, Mr. Hammond, when she let the shop—there was a few vermin about the beds; I never saw turpentine used to kill them.
MARY LEE . I live in Ordnance Road—on the Thursday evening, the night before the fire, the prisoner asked me to take a clock to the watchmaker's; it was an ordinary kitchen clock—I took it to the watchmaker's; it is there now.
MILLICENT TURNER . I live at 74, Park Road—I have known the prisoner eleven years—I had a conversation with her about twelve months ago—she said she was losing money in the shop, and she would set it on fire and get the insurance.
Cross-examined. This is not first time I have mentioned this; I told Sergeant Barrett of it—she told me two or three times that she would do it—when the fire took place I thought it my duty to mention it—there is no bad feeling between us—she has borrowed money of us to pay her rent—she did not ask me to be security for her, nor did I refuse.
NOT GUILTY .
Before Mr. Common Serjeant.
854. JAMES WALKER (18) PLEADED GUILTY ** to burglary in the dwelling-house of Henry Carter, and stealing a peck of pears, after a conviction of felony at West Ham on October 15th, 1890— Six Months' Hard Labour.
MR. MUIR Prosecuted, and MR. GEOGHEGAN Defended.
WILLIAM GIBBINS . I am manager for Mr. George Rice, a furrier carrying on business at the Hudson Bay Works, Stratford, and Great Prescott Street, London—I do not know if we have missed nutria skins—on Thursday, 1st October, I was in our Great Prescott Street premises when Wright came with these skins—I recognised them as our nutria skins—they are not in the condition in which we should sell them, as the grease is not taken from the fur, nor the sawdust in which they are cleaned—we do not usually silver them to add to the lustre before we sell them—the value of the skins is about 4s. each, £3 altogether—they were never sold by our firm in this condition.
Cross-examined. We have workmen who dress the skins; the flesher
makes a mark on it—the flesher and other workmen are not permanently employed by us—there is a mark made by the flesher with a knife, and a mark made by the dresser by puncturing holes—the flesher uses his own mark, which we can identify—the dresser marks it with a thing with a number of bayonet points which we supply him with—I don't suggest that that instrument is peculiar to our firm, and that no other firm uses it—apart from the flesher's and dresser's marks there is no private distinctive mark of our firm on those skins—the identification of the skins is partly by the flesher's mark and partly by the dresser's punctured mark—these skins would be an imitation of beaver—I have had eighteen years' experience in the trade; I have had no experience in buying skins—I never heard of honest manufacturers buying skins in that condition—I should not buy skins in that condition if they were offered to me—we have a stock of seventy thousand skins—the first consignment of these skins we had this season was early in June—we have had nutria skins in stock for five or six years—I can identify these as skins of 1891 by the dressing—the skins of 1890 differ from those of 1891 as far as dressing is concerned—1891 is the first time that this dressing has been applied to these skins—to my knowledge no workmen have been discharged over this matter—no workmen take the skins home—I am always at the works from nine to six, all over the place—I have never seen the prisoner talking to any of our workmen, or hanging about the works—four shillings would be the price for these skins when they were ready for the market; they are not ready now; I cannot say what their value is now; I don't sell them—we should sell them to the retailer at four shillings a skin when finished—these are not silvered; silvering gives them a gloss and makes the colour lighter, and that makes them of considerably more market value—the amount of labour and chemicals expended in silvering and dressing up a skin is worth about sixpence—I do not think we are the only merchants in London who sell nutria skins.
Re-examined. These three stabs are the flesher's mark; the flesher takes the waterproof skin from the flesh side, at our works—our men always use the same mark; if there are only a few fleshers at work their mark is two cuts, if there are half-a-dozen fleshers one gives them two cuts on the shoulder, the second at the side of the head, the third on the other shoulder, the fourth at the tail, and so on, but if there are more than six fleshers they make three marks, and these three show there must have been more than six—the flesher is responsible for the mark—the marks on these skins were made by our fleshers—we insist on the mark being put in—it is the mark of the flesher which we determine; we tell him what mark it is to be; if there are more than six fleshers the seventh has to put the third mark—some of the dresser's marks have been cut out, and some have been partly cut out—the dresser's mark is a figure—there would be no honest reason for cutting out the marks—we make our own mark—the skins are this year's importation; we imported none earlier than June—Mr. Rice can speak to the skins equally with myself.
By the JURY. If these skins came from another firm it would be possible for them to bear marks similar to these if the same number of fleshers were working on them—other firms use perforated marks, but some have larger designs and numbers—I do not know of any firm in England that does not use the perforated numbers—we put no registered
trade mark on the skins—the cutting out of the mark would affect the value of the skin; no one would buy the skins with the marks cut, I think.
GEORGE RICE . I carry on a furrier's business, as the Hudson Bay Works, at Stratford, and at Great Prescott Street—these fifteen skins are mine; they were never sold by me or by my firm—they are this year's importation; the earliest time we could have had them in our possession would be the first week in June—we did not miss skins from our stock—we have not taken stock since these were lost—we have 60,000 or 70,000 in stock—I can speak to the marks on the skins.
Cross-examined. I buy the skins raw, in a bale of 1,000 or 1,200—I count the bale—each skin varies in weight—I take stock once a year at the end of June—there were no skins missed at the end of June this year—at one period and another we have two hundred or three hundred dressers, the number fluctuates—we have from fifteen to twenty fleshers in June to thirty in September—the dressers and fleshers employed by us sometimes work for other firms—my warehouseman punctures a hole in the raw skins; I have only one man who does that—our mark is a series of numbers from one to nineteen—one number is put on each series of skins—No. 1 would be marked on each skin in one bale, and No. 2 on each skin in the next—never more than the unit appeared on this class of skins—I identify the number on these skins by the portion remaining, No. 4 on one skin, 2 on another, and 1 on another—if these skins came from my firm they came from different bales, but once marked all the skins are mixed together—I cannot swear that no other London furrier punctures No. 4 or No. 8 on his skins; I do not know of any one else who does so—I have not had an investigation among my workmen since the prisoner was given into custody—I suppose the skins were stolen by someone who works in my place—we have tried to trace him; we have lost other goods, beaver and seal skins—as these skins passed before the prisoner, before he really handled them, he said, "Those are not the skins I sold to Brooks"—this skin is in a totally different condition to mine—it does not require a person to handle this skin to see it is not similar to these—the skins were handed to him like that, and he said it—this skin is silvered and these are not.
Re-examined. For these skins, finished and silvered, we should charge a little over 4s. wholesale, about the same price for the one counsel has produced; we should put a few more pence on the silvered—we should not sell them at 3s. 2d. each—our business is a very large one, and we can afford to sell as cheaply as anybody—in taking stock at the end of June we should not detect the absence of fifteen skins—we use a stamp with points filed to a bayonet shape, so that we can trace in each hole the bayonet shape, and we have a certain number of points to each figure, so that it can be identified.
By the JURY. Each skin is numbered in the raw state before it is dressed—we have never used numbers like these in this kind of skin until last June—these figures are partly cut out.
LOUIS BROOK . I am a furrier—I live at 31, Whitechapel Road, and have a wholesale place at No. 10, Houndsditch—I bought these fifteen skins from the prisoner on 1st July—I got an invoice, and I have the cheque also that I paid. (This cheque was for £7 10s., dated 10th July, 1891, payable to Mr. G. Harris or order, on the City Bank, signed E. Brook,
and endorsed Harris)—they were skins of this class—I paid 3s. 2d. for them—E. Brook is my wife, and the business is carried on in her name; I signed the cheque—I sent these skins to have them silvered on the 1st October, handing them to Mr. George Wright, and giving him instructions about them—he took them to Mr. Rice to have them silvered, and came back without them—on the following afternoon, between two and four, Friday, 2nd October, I had a visit from two police officers; I gave them certain information and the receipt, and they went away—after that, in the evening, between 8 and 9, the prisoner came and asked me what was the matter—I told him about the nutria skins, and I said, "The 15 nutria skins I bought of you I have sent to Mr. Rice to have them silvered, and Mr. Rice sent up two detectives to ask me where I have taken the skins from, and I was obliged to tell them and show them the invoice"—I said, "I am very sorry"—he said, "Two detectives have been round to my place—" he went away—on Saturday, between two and three, I had another visit from the prisoner—he said, "Mr. Brooks, what shall I say? Shall I say I have picked them out from cuttings, or I bought them one by one since Christmas? I don't want to bring in any other people into trouble"—I said, "Do what you like; it is nothing to do with me"—Mr. Benjamin, my partner, was present at this conversation.
Cross-examined. I have been in business for myself twelve years in England, and am a practical furrier—I understand English pretty well, and usually speak in English with my customers—these skins are in the same condition as when the prisoner sold them to me—I don't know that every furrier marks his skins with a particular mark; these are not damaged, but good skins—I did not examine these skins to see if something had been cut out; I bought them exactly like this—there is a mark on these skins as if a portion had been cut out—I did not notice the marks when I bought them; we never look at the leather, but at the fur—if pieces are put together they don't look like a solid skin; I never turn to the back to see the quality of the leather behind—I did not notice that part had been cut out when I bought these skins—I did not turn it round because I thought that was where the eyes were—threepence or fourpence is the cost of silvering the skins——I have never bought unsilvered skins for 3s. 2d.; I don't think I have bought silvered skins for 3s. 2d. this year—I have not been able to buy silvered skins in the market for 3s. 2d. as good in quality as these—I examined the quality of these; they had plenty of hair—I cannot say if I have bought unsilvered nutria skins before; I have not done so this year—I have got a book in which I put down all I buy; everything is entered—I don't remember if I have bought unsilvered nutria skins before, unless it was four or five years ago—I cannot say from whom I have bought them; I have bought them in the City, and from many places—I don't buy them in Petticoat Lane or Middlesex Street—I have no establishment there—Mr. Benjamin is the only partner I have; I am not interested in all his transactions and shops, he keeps his furrier's shop in Middlesex Street for himself—plenty of people would buy these skins—I bought plenty of these skins years ago, but I cannot remember—my name is L. Brook, I trade as E. Brook and Co.—E. Brook is my wife, it is her business—she does not know more about it than I do—I have no
business of my own; it is a straightforward business; it is carried on in her name, because a few years ago I lost all my money, and my wife had some and opened this business in her name—since then I have paid all my debts, I own no one—my wife gave her consent to this business—this signature, E. Brook, is my writing—she opened the banking account and gives me the privilege of drawing cheques on it—the only business I have are a retail shop in Whitechapel and a wholesale place at 10, Houndsditch—I trade as the City Fur Company, Limited, in Whitechapel, and as E. Brook and Co., wholesale furriers, at 10, Houndsditch—I do not trade as H. Benjamin and Co.; that is a different thing altogether; he sells goods in his own name to his customers—Benjamin and Co. is also at 10, Houndsditch—it is an ordinary transaction to buy skins in this condition—I don't look whether they are in this condition or not—I look at things when I buy them—I never said I would not swear that these were the skins the prisoner sold me; these are the fifteen skins I bought from him—I swore at first at the Police-court before I looked at my book, "I believe the skins produced are those I purchased of Harris; but I cannot swear, I have had so many"—I never said a word about this transaction till the detective came—I bought them openly—I had a solicitor to watch my interests at the Police-court, because I had been fifteen years in this country and never been in a Police-court before, and I went to my solicitor and told him about it, and he said he would watch the case for me—I don't know if it struck me as strange that the prisoner should come and ask me what defence he was to set up, and say, "What am I to say to the detectives?"—he is twenty-one years of age; I am thirty-two—he was considerably upset when he came to my place; I said it had not much to do with me—I produced the invoices to the detective—they were not given back to me at the Police-court; the Magistrate took them—it was my own deal, buying these skins; I don't know if Benjamin knew anything about it—I did not show him the skins—I have not shown them to anyone from the time they came into my possession—I got them from the prisoner—I don't know if there is another person except myself who can say I got them from the prisoner—I did not hear him say these were not the skins he sold me; I don't know whether he said it or not—it is untrue that he sold me sixteen skins, of which I threw this one on one side because I said it was damaged—it rests only on my word that I bought these fifteen from him.
GEORGE RICE (Re-examined). These are our complete marks; we have 15 points in our 8, and 11 in our 6; in every skin the points are in the same position—I can swear to these stamps being ours—I have brought this skin to show you; in these they are obliterated.
STEPHEN WHITE (Sergeant). About seven p.m. on Friday, 2nd October, I went with Whitehead to the prisoner's house, having previously been to Brook, and obtained information and an invoice from him—I said to the prisoner, "We are police officers, and we are making inquiry respecting some skins. Those skins are now in the possession of Mr. Rice, at Prescott Street, and he has identified them as having been stolen from his factory. Book says that he obtained the skins from you"—I told him Brook said fifteen skins—the prisoner said, "Yes, I sold fifteen nutria skins to Mr. Brook; I have got a receipt for them, and can tell you where I got them from; but to-day being one of our very strict
holidays I must not touch any books or papers, but if you will come round to-morrow evening I will show you the receipt and tell you all about them"—I told him I would call next evening, and left him—the next evening I called with Whitehead about seven o'clock; the prisoner had an invoice in his hand—he said, "You see I buy skins first from one party and then the other," and he handed me the receipt—I said, "This does not refer to the skins I am inquiring about"—the prisoner said, "The nutria sets I sold to Brook were made up from pieces by myself, and the fifteen skins I sold to Brook it is a job line; I have been buying them one or two at a time in odd lots since Christmas last"—I said, "Can you show me a receipt for these, or tell me the name of any person from whom you have obtained them?"—he said, "No, I cannot show you a receipt, and I cannot tell you where I got them from, because I do not wish to get other persons into trouble"—I then said I was not satisfied with his explanation, and I said, "You will have to go with me to Leman Street Police-station"—he did so—at the station, after he had been put back in the waiting room for a short time, he called me in and said, "Can I have a word with you? There is something I forgot. There were sixteen skins that I sold to Brook, but Brook threw one out. I knew that there was something wrong, and when Mr. Rice comes I shall make a clean breast of it"—he was taken to West Ham Police-station, and when charged he asked me to allow him to look at the skins—I let him to so, and he then said, "These are not the skins which I sold to Mr. Brook"—before saying that he took hold of one or two and just looked at them, he did actually handle them—after he was charged he said, "Can I have bail and go with Mr. Rice and have a word with him, and I will tell you what my defence will be?"—Mr. Rice was present—the prisoner was not bailed then, but he was taken before the Magistrate and bailed the next day.
Cross-examined. When the prisoner said, "These are not the skins I sold to Mr. Brook," it was the first time he had seen them—he said it after handling them for a moment or two—he is only twenty-one—I have known Brook about twelve years, I should think, to speak to from time to time—I don't know if he has had a fire or two at his place—I think the prisoner has been in business for himself for about two years, it may be longer—he bears an irreproachable character—I believe the Bishop Suffragan of East London would have been here to speak to his character, and also the Rector of Spitalfields; the prisoner is a Jew—his parents are people of most upright character—when he was at the station, and had these conversations with me, he was somewhat nervous.
By the JURY. It was about seven, after sunset, on each evening when I went to the prisoner's.
Cross-examined. I did not hear Brook give his evidence—the prisoner's premises were not searched—to my knowledge no stolen property has been found there; if there had been it would be produced in Court—he carries on business as G. Harris, 9, Princes Street.
October I took these skins to Mr. Rice's place in Great Prescott Street, and they were detained there.
Cross-examined. I have been at Brook's about eighteen months—Brook gave me the skins in the warehouse at 31, Whitechapel Road—I did not see where he took them from—I believe they are in the same state as they were then—there was no dust on them.
Re-examined. We keep our furs on the first floor, hanging them on racks—I take them down and clean them sometimes—I never cleaned these.
HYAM BENJAMIN . I am a partner with Mr. Brook in his wholesale business, at 10, Houndsditch—on Saturday, 3rd October, the prisoner came to Brook's place, 31, Whitechapel Road, while I was there, and said to Brook, "What shall I say? I don't want to disclose any name to the detectives with whom we are doing business; I shall tell them that I have bought a lot of clearings and pieces since Christmas, and fur pieces, and I have picked these skins out of them pieces, nutria skins" Brook said, "Do as you like; it is nothing to do with me"—I am a Jew—the Jewish holiday was on Saturday, I don't know what date; it was New Year's holiday—it begins on Friday evening after dusk, at five o'clock, and ends on the Christian Sunday at six o'clock—it is not lawful for persons of my persuasion to engage in business or anything of that sort during the holiday; it is the strictest fast, except the black fast—it would not be right to do anything on the Saturday night more than on the Friday night.
Cross-examined. It would be wrong to show an invoice to a policeman—a man is not allowed to touch any business document—I joined Mr. Brook in partnership in 1882, as wholesale manufacturer and furrier, at Plough Street, Commercial Road—I am a partner with him now at 10, Houndsditch—I have not been a constant partner with him; I left him in 1886, and joined him again in 1888—I found a little money for the business—it is Brook's business, but it goes under his wife's name—I called on Saturday because it was a holiday, and I went round to see my partner—I go to see him often—no one asked me to call on this Saturday; I came of my own free-will—I did not know the prisoner was going to call—these skins are worth no more than 3s. 3d. each at the very most—I have lunched and had a chat with Mr. Brook; I met him outside, and I took him inside the public-house; I met Mr. Rice there too—I and Brook had no conversation; I had no curiosity as to what he had said, and he did not tell me anything—Brook told me nothing about these skins before they were sold—I asked Brook what the prisoner was speaking about, and he told me they were skins that were supposed to be stolen—I did not tell him it was a rather awkward matter for him; he said he had invoices to show—I do not know why this man should come to Brook, and ask Brook what he should say to the police.
The prisoner received an excellent character.
NOT GUILTY .
MR. BESLEY Prosecuted.
HENRY STINTON . I live at 5, Cooper's Lane, Leyton, and am a flower hawker—on 13th October, about half-past twelve, the prisoner, whom I did not know, came up to me in the street, and said to me, "Charlie, do you want a job?"—I said, "Yes"—he said I was to hold some leaden pipe while he joined it, and he would give me 1s. 6d.; it would not take above two hours—he gave me this note, and told me to go to Young and Martin's, in Romford Row, Stratford—I was not more than 150 or 200 yards from that shop, which is well known. (The note read as follows: "Have you a blowlamp in stock? If so, please send one by my boy.—J. SIMS")—he said I should have to sign a receipt there, and I was to put the name of H. Williams—if I got the blowlamp, I was to take it to him in Great Eastern Street, just opposite the corner of Stratford Police-court—I took the note to Young and Martin's, and gave it to Mr. Mitchell, the shop assistant—I was detained in the shop and taken to West Ham Police-station; and afterwards I saw the prisoner in the reserve room—it was half-past five when they let me go; the prisoner was then in custody—Mr. Mitchell gave me no property.
Cross-examined by the prisoner. I did not hear you say you had to wait till your governor came with the lead piping.
Re-examined. I am sure he told me to sign a receipt with a false name.
GEORGE MITCHELL . I live at Horace Road, Forest Gate, and am shop assistant to Young and Martin, a business carried on by Mr. Harry Holditch Martin, who trades in that name—on Tuesday, 13th October, about one o'clock, Stinton brought this order for a blowlamp—Sims had been our customer for many years—I did not let Stinton have anything, but he was detained and taken to the station—I do not know the prisoner—I gave the note to our manager.
JOHN SIMS . I am a builder, at Wentworth Road, Manor Park—I have been in the habit of dealing with Harry Holditch Martin, and have an account with him—the prisoner worked for me for four months last year as a labourer, at fivepence an hour—he left about July, 1890; I know nothing of his doings or whereabouts since—I did not write this order, nor authorise it to be written—I did not send him for the articles—during the time he worked for me I sent him occasionally for things, and he knew he had to sign for what I had from Martin—he had no authority from me to get the blowlamp.
By the JURY. I give orders on pieces of paper of this description when I give them.
ARTHUR FRENCH . I am getting on for fourteen—I live at 181, Vicarage Lane, West Ham—I stand outside Young and Martin's, and hold horses—on 1st October the prisoner brought me this piece of paper and asked if I would mind taking a note into Young and Martin's—he said when I got the article I was to take it back to him; he would be round by the County Bank, in Romford Road—he told me to sign the name of W. Brown. (The note was: "Gentlemen, please let the bearer have a small tenon saw if you have one")—he said I was to have a penny if I brought the saw—I was about three doors from Martin's at the time—I went to Martin's shop, gave the order and got the saw, and signed a receipt in my own name, A. French, because the shopman told me to do so—I met the prisoner outside the County Bank, and gave him the
saw and left him—he went by the bank—I told him I had signed my own name; I told him my name—he said it was all right—on 8th October, about noon, I saw him near St. John's Church; he crossed from the church to the Coach and Horses, and whistled to me; and then asked me if I minded taking this note to Young and Martin's. (This was: "Please send by bearer one oz. stock brush; please wrap it up to stop boy playing with it; ten or twelve oz. will suit—J. SIMS, Manor Park")—he told me to meet him at the County Bank again—I was to have a penny—I took the order to Martin's, and gave it to Sutton there—he gave me a brush—I signed my own name for it—I brought the brush in paper to the prisoner at the bank—next day I saw the prisoner again, and he gave me this note in the Broadway, Stratford. (This was: "Please let bearer have two pairs of tinmen's snips and a small screw hammer")—he asked me to take that into Young and Martin's, upstairs—I did so; I had a conversation with a gentleman upstairs, as the result of which I went back to the prisoner, a gentleman from Martin's following behind me—I told the prisoner a gentleman wanted to see him, and that they would not let me have the goods, and he walked away quickly, saying he was going to see his master—he did not say who his master was—I next saw him at the station, where I picked him out.
ROBERT MARLEY . I live at Great Eastern Street, and am employed at Young and Martin's—on 1st October French brought me this order, which I took as being from Mr. Sims, and I supplied him with the saw, and he signed this note—ours is an open shop, with show-rooms upstairs.
WILLIAM SUTTON . I live at Warkwick Road, Romford Road, and am employed by Mr. Martin—on 8th October French came with this note; in accordance with it I wrapped up a brush in paper, and he signed this receipt, and took the brush away.
HENRY CASHMAN . I live at 21, Prospect Road, Walthamstow, and am salesman to Young and Martin, on the first floor, where people would be sent to for small screw-hammers and tinmen's snips—a little boy came there with this order—I did not let him have the goods—I followed him, and saw him speak to the prisoner—I was a hundred yards away, with a churchyard in front of me; I could see through the railings—the prisoner went away fast, I followed; he turned and caught sight of me, and he suddenly got out of my sight—on the 13th, when Stinton came, I detained him and fetched a constable, and afterwards saw him with the prisoner—I picked the prisoner out from among others at the station.
Cross-examined. On the 8th October you turned and apparently saw me, because you dodged away directly, and I lost sight of you.
Re-examined. The boy spoke to him before he went away quickly.
FREDERICK FORTH (Detective Sergeant). Shortly after noon on 13th October I saw the prisoner in a passage in the Grove, Stratford, looking in the direction of Young and Martin's shop, which he could see from where he was—French had given me a description of him—I went up and said to the prisoner, "I am a police constable; I shall take you into custody for uttering forged orders, and obtaining goods from
Messrs. Young and Martin"—the prisoner said, "It is hunger that has made me do it"—I arrested him—as to a statement he made, he has given me no description of a man, nor asked me to make inquiries, nor procured any witness.
Cross-examined. I did not hear you give a description of a man about your height and with side whiskers; I heard you speaking to Mr. Sims, but I did not hear what it was—you did not say you had seen the man in the next turning to Abbey Lane; I did not put it down in my pocket-book.
Re-examined. Except for the prisoner's statement, I have no knowledge of the supposed person meeting him four times.
By the COURT. When he was in the hands of the police he said to me, "This is a bad job, Mr. Sims"—I said, "You ought to have known better than to do such a thing"—he said, "A man sent me with these orders"—I asked him what man—he said, "Some man that said he was at work for you"—I said, "What is his name?"—he said, "I don't know; I don't know where he lives."
By the prisoner. You did not say, "He told me not to tell my brother he did work on his own account, as if it got to your ears you would discharge him."
The prisoner's statement before the Magistrate: "I have been sent by another party with these notes, being known by Mr. Sims, and being promised work by this other man who sent me, and his telling me that if Mr. Sims knew he had work on his own hook he would most likely sack him."
GUILTY of uttering — Nine Months' Hard Labour.
857. WILLIAM TOMLINSON (26) and HENRY TOMLINSON (18), Unlawfully obtaining from Emily and William Stokes 5s. 6d. by false pretences, with intent to defraud; and other sums from other persons, with a like intent; William Tomlinson having been convicted of felony in August, 1889, to which William Tomlinson PLEADED GUILTY .*
After MR. LAWLESS had opened the case the prosecution, Henry Tomlinson expressed his desire to PLEAD GUILTY, thereupon the JURY found him GUILTY — Six Month's Hard Labour. WILLIAM TOMLINSON— Twelve Months' Hard Labour.
MR. WARBURTON Prosecuted, and the evidence was interpreted to the prisoner.
HENRY COOPER (Detective Sergeant). On 27th September, at 11.45 p.m., I was secreted with Willett in the Prince of Wales public-house, Prince Regent Lane, in consequence of a communication made to me by Mr. Cundy; we heard a crash of glass and saw the form of a man at the back window which leads from the yard into the bar—I saw the man take off his coat, put it over his hands and break out the glass bit by bit, then he put his coat on and buttoned it up, procured a ladder, and placed it through the broken pane into the bar—he withdrew the ladder,
and placed a plank there which went more perpendicularly into the bar—he got down the plank into the bar, came to the counter, lifted the flap, passed through inside the bar past me, and turned to the left to the till—I lifted up another flap and jumped on to his back—he shouted out in English, "Oh! oh! don't hurt me, don't hurt me!"—I took him by the scruff of the neck and kept him till Mr. Cundy, whom we aroused, came down with a light—Mr. Cundy found the prisoner's boots in my presence, he had none on then—Willett was with me all the time, and went to the station with me and him—the window does not open—the public-house closes at ten, and we were locked in in front of the bar.
JOHN GEORGE CUNDY . I keep the Prince of Wales public-house, Prince Regent Lane—on this night I was aroused just before twelve by Cooper and Willett—I found the prisoner in custody—I asked where his boots were; he said on the top of the house on the leads—I got a ladder and found them; I asked if they were his, and he said they were, and put them on—he talks English perfectly well; I was conversing with him for five minutes.
The prisoner. I approve of all the witnesses say; it is true.
GUILTY — Eight Months' Hard Labour.
Before Mr. Recorder.
MR. LEYCESTER Prosecuted, and MR. BESLEY Defended.
The prisoner received a good character.
NOT GUILTY .
Before Mr. Common Serjeant.
MR. ROACH Prosecuted.
The Prisoner, in the hearing of the Jury, said that he desired to PLEAD GUILTY, and thereupon the Jury found him GUILTY .— Discharged on recognisances.
MR. SANDS Prosecuted, and MR. WARBURTON Defended John Pollard.
MARTHA GILL . I am a widow, living at 26, Mallam Road, Forest Hill—the two female prisoners and Brown's mother have occupied two rooms there—no one but they and I have lived there—I had no servants; I am a laundress, and Esther Pollard and Brown worked for me—Brown has carried on the work for me since Christmas at three shillings a day—they had been into my rooms—on 23rd September I went away, after locking up my rooms and boxes in them containing property—on 10th October I came back and found the doors unlocked, the boxes open, and things had been taken out—my drawers and a large chest were all stripped; my own,
my daughter's, and children's clothes were taken—a pair of boots that were missing I afterwards saw at Mr. Barstow's pawnshop; I have seen some of my sheets, two tablecloths, two counterpanes, and some underlinen at Mr. Chard's, a pawnbroker at Forest Hill—the constable showed me other of my property at Sydenham Station—the female prisoners were locked up when I came home; I was sent for—before I went I instructed them to carry on my business in the laundry and wash-house, and not to enter my rooms—their key would not fit my door when I left, because I tried it—this (produced) is the key of my room.
Cross-examined by MR. WARBURTON. This is my parlour key—Brown and her mother have lived with me for four years; Mrs. Pollard came on 19th June—I was their landlady—Brown paid me rent, and I deducted Mrs. Pollard's rent from the amount I paid her for work—I asked them to look after my house and business, but they were not to go into my private rooms, which I locked up—I left the laundry, washhouse, and where the work was done unlocked—these boots were my son-in-law's; he died in June.
Re-examined. I recognise these boots—I identified the property at the Court below—these are my counterpanes, tablecloths, and cloak.
CATHERINE BROWN . I have lived for six years at 26, Mallam Road, and am Rhoda Brown's mother—on 23rd September Mrs. Gill went away—on 8th October the male prisoner came to the house in the night, or early in the morning—I had not seen him there before; I had heard a man go into the house before when we were in bed—about two or three in the morning I and my daughter were asleep, and I heard a man knock at the door, and I heard a man come in—in the morning, about nine o'clock, I saw John Pollard go out, carrying two large bundles—Esther Pollard, his mother, followed him with a little hamper basket, and my daughter was going to see him off by train—I said, "There is something wrong; you have got something there belonging to Mrs. Gill"—Esther Pollard said, "I am off, good-bye; it is my own"—the man did not hear me speak; he was ahead of his mother—soon after they had gone I went to Forest Hill Railway Station—just before I got there I saw the prisoners; John had no bundles then, Esther had the hamper basket—in the booking office at the station I saw two large bundles; one was wrapped in Mrs. Gill's green cover, which I had carried over many baskets of clothes—my daughter only saw the prisoners off by the train—I went and gave some information to the police.
Cross-examined by Esther Pollard. I said to you, "Your son is taking things away not belonging to you"—you said to me at the end of the week, "Take my two sheets and get 2s. on them, and when the washing comes home we will take them out again," I pawned two of Mrs. Gill's sheets, and you had 1s. and my daughter had 1s.—when I took the washing home my daughter gave you back 1s. towards redeeming the sheets—you had some things as well as Mrs. Gill, and you said these sheets were yours—you are the cause of this trouble—I did not know my daughter knew anything of what was in the bundles.
Cross-examined by MR. WARBURTON. I believe I said before the Magistrate that I accused her of having stolen the property. (This did not appear in the depositions.)—I was told to answer the questions put to me—my daughter went with them to see them off by train, and said she would not be long before she was back—the railway station is about ten
minutes' walk from where I lodged—there were not a great many people about at that time—it is a main road—not many gentlemen go from our part to the trains; poor people live there—the parcels were in the booking office—there were not many people about then—John Pollard carried two bundles tied together, and his mother carried a hamper.
Re-examined. Mrs. Pollard had the pawnticket for the sheets; I did not know they were Mrs. Gill's at the time; I have found it out since.
CHARLES BURSTOW . I am a pawnbroker, at 53 and 55, High Street, Sydenham—this pair of boots were pledged with me for 3s. on 21st September by Ann Pollard, Willow Walk—she is the male prisoner's wife, I believe; she is not here now—I know the female prisoner by sight—this is the counterpart.
Cross-examined by MR. WARBURTON. My shop is a quarter of an hour or twenty minutes from Forest Hill—I know the neighbourhood where Mrs. Gill lived—it is a big street—about nine o'clock I should think some hundreds of gentlemen go to the City, and people are about in the street; people stealing would run a risk of being seen by a great many people—there are workmen's trains as early as five o'clock in the morning, I think.
GEORGE HART . I am assistant to William Chard, a pawnbroker of 8, Devonshire Street, Forest Hill—these two sheets were pawned with me on 26th September, for 2s., in the name of Ann Pollard; I do not know who by—this is the counterpart—I also produce a child's cloak, a sheet, a tablecloth, counterpane, and children's things, all pledged on 7th October by Jane Reynolds, 3, Newart's Road; and a counterpane on the same date for 2s. 6d., by Jane Brown, of 40, Newart's Road; and a child's cloak for 2s.—the two female prisoners came together and pledged those last three parcels.
Esther Pollard. "I pledged one parcel."
Rhoda Brown. "I pledged one."
ROBERT GOWER (P 542). On 8th October I saw the female prisoners near the railway station, and watched them for about three hours—I stopped them on the station platform, and took them into custody—Esther Pollard had a basket about twelve inches by nine inches, in which I found five pawntickets, some of which I produce.
FREDERICK BUNTING (Detective Sergeant P). On Sunday, 11th October, I went to Mrs. Gill's house—I found in the door of Esther Pollard's room this key, which unlocks the prosecutrix's front and back room; it had been filed down—it also unlocked Mrs. Pollard's door—on 12th October, at midnight, I went to 51, Willow Walk, where I saw John Pollard, and took him into custody on this charge—he said, "I did not expect you this time at night; can I have bail?"—I took him to the station, where he was detained—I found on him a pawnticket for a pair of boots; the duplicate has been produced by Mr. Burstow—the prisoner threw it on the bed at me—I had not asked anything about pawntickets.
Cross-examined by MR. WARBURTON. The prisoner has been living there with his wife for a long time—he is quite a respectable man—his mother had been arrested three days before—he made no attempt to get away that I know of—his mother lived about half a mile off him—he gave up the pawnticket without my asking for it.
The prisoners' statements before the Magistrate. Esther Pollard says: "Mrs. Brown pawned seven sheets, produced to-day, and we shared the money; the other four pawntickets are my own." Rhoda Brown says: "Mrs. Pollard has just told the truth about the sheets."
Esther Pollard, in her defence, stated that Mrs. Gill had left them to do work, and had given them no money, and that she had pawned things to get food. Brown said that she had lost her purse with 23s. in it, and that she pawned these things to carry her on during the week, with the intention of getting them out again, and with no intention of stealing them.
John Pollard received a good character.— NOT GUILTY .
ESTHER POLLARD and BROWN— GUILTY . ESTHER POLLARD— Eight Months' Hard Labour. BROWN— Four Months' Hard Labour.
862. ESTHER POLLARD, RHODA BROWN , and JOHN POLLARD were again indicted for stealing a watch, a suit of clothes, and other articles of Martha Gill, in her dwelling-house. No evidence was offered against John Pollard — NOT GUILTY .
Before Mr. Justice Wright.
MESSRS. TORR and BIRON Prosecuted.
GEORGE FREDERICK ROUMIEU . I am Coroner for West Surrey—on 4th August I held an inquiry into the death of Charles William Lawrence—the prisoner, Rosina Flutter, was present in Court: she was duly sworn, aad made a statement, and on the 7th she also gave evidence—these are my original depositions; they were sworn before me—the inquiry was adjourned from the 4th to the 7th, and Rosina then made a further statement on oath. (The deposition of Rosina Flutter on 4th August was read, as follows:—"I am the wife of Charles Flutter, living at Stoughton Lane, Stoke; the deceased was my son, aged four months; he died on Saturday, August 1st, three weeks ago last Saturday; I had the child in my arms, he fell out and pitched on the back of his head on the boards; he did not bleed. I did not notice anything on his head till a day or two afterwards, when I saw a lump on the side of his head; it got worse; I did not notice any discoloration. At eight p.m. on Saturday I put it in the perambulator; I noticed it was dying soon afterwards. I told my sister Alice about the child falling, not my husband till later on. I did not go out on Saturday night and leave the child in bed. Mrs. Harding gave me notice, I do not know why; she did not tell me. When the child was dead, I sent for Mrs. Shollick. I gave it milk on Saturday, it did not have anything else; it had bread and milk on Friday, half a teacupful of milk and small slice of bread, the same as supper; I gave it milk during the night; it was restless. My husband did not return till nine at night"—Further examination on Friday, 7th
August—"I wish to correct the evidence I gave on the last occasion. I did not let the baby fall, the cause of the injury was by my husband hitting it three weeks last Saturday. No one else was in the house when I returned. I found the child upstairs dressed. Then I noticed a large bump on the head. I asked my husband if he had hit the baby; he made no answer, he was the worse for liquor. He said, "I did not think I hit it so hard.' I had no further conversation with him about it. I told the tale about the perambulator to screen my husband, he told me to say so." (MR. JUSTICE WRIGHT interposed, and considered that this latter statement was not receivable as evidence against the male prisoner. MR. TORR adduced it as evidence against the female prisoner herself. MR. JUSTICE WRIGHT was of opinion that it was not desirable to go on upon the second statement, but to confine it to the first.)
ERNEST MORSEY . I am a M.R.C.S., practising at Guildford—on 4th August I made a post-mortem examination of the baby of the two prisoners; it was apparently about five months old—I weighed it—the normal weight of a child five months old, properly nourished, would be about eleven lbs.; this baby weighed seven and three-quarters lbs.—it was not particularly small, not a dwarf, the length of the body was twenty-three inches—externally I found a brown discoloration on the forehead on the right side—above the right ear I found a dark-coloured lump—there was a small scar on the outside of the left elbow, about a quarter of an inch in diameter; these were all the external appearances—the child was very thin—I found a fracture of the skull on the right side of the head, corresponding to the lungs, also ulceration of the brain with adhesion of the membranes—that was sufficient to cause death—in my opinion the injury to the brain was the cause of death; the other organs of the body were healthy, subject to the emaciation—there was a little liquid in the stomach—there was nothing in the appearance of the internal organs sufficient to cause death—if medical aid had been provided in time probably death might have been prevented—I cannot speak positively as to that, but probably life might have been saved.
Cross-examined by Rosina Flutter. There was no bruise on the child's chest.
SARAH BROWN . I am the wife of William Brown, a labourer, of Stoke, near Guildford—on 1st August, at ten minutes past eleven, I was called to Mrs. Flutter's house in Stoughton Road—I saw the baby lying on the perambulator on its left side; its eyes and mouth just moved—I said, "The baby is dead;" I saw a large lump on its ear, and I said, "What is this on the baby's head, Mrs. Flutter?"—she said, "I let it drop off my arm three weeks ago to-day"—I said, "Have you had any medical aid?"—she said, "No"—I said, "It is a very bad job for you; you will get into great trouble because of it"—I told her to send for someone, and went away—I did not touch the baby; I only looked at it—the same day, after the police had seen it, I washed it and laid it out; it was dreadfully dirty—I noticed vermin on its clothes—besides the bruise on the head, I saw a mark on the left elbow about the size of a shilling.
they came there, the female prisoner went out for a short time, leaving the baby in charge of her husband—after she had gone out I heard the baby crying upstairs—I called to the father to bring it down to me—he came down with it, and gave it to me at the bottom of the stairs—I did not notice anything about the baby till my husband got a light—then I noticed that it was injured; its eye was hurt, and it was bleeding at the mouth—during the time the prisoners lodged with me the mother did not treat the child well—as a rule she looked after it—I had several times cautioned her in consequence of the way she treated the child.
Charles Flutter. There was no sign of injury to the child when you took it from me. Witness. Yes there was.
JAMES HARDING . I am the husband of the last witness—I remember the prisoners coming to lodge with us—about a fortnight or three weeks after they came, I remember the female prisoner going out and leaving the baby with her husband—I heard the baby cry, and while he was trying to pacify it I heard him say, "You young b----, I will kill you" my wife came in just at the time, and she said, "Charles, bring the baby down here and see if I can pacify it"—the baby was very illtreated while they were there, in respect of cleanliness and feeding, and such as that.
Charles Flutter. I did not say so. Witness. He did, I heard it.
By the JURY. The prisoner owes me four shillings rent—he was upstairs when I heard him use that expression; I was downstairs in my own room, my door was not closed—I am deaf, but I heard what he said.
ELLEN LOUISA BAKER . I am the wife of Thomas Baker, of Besley Cottage, Stoke—I know the female prisoner, not the man—on a Tuesday in July I remember going into the Priory Tap, in North Street, Guildford—I saw the female there with the baby; also a Mrs. Goodall—the baby was lying in the perambulator crying; it was covered up—I asked her to unwrap the baby, as it was crying so—the prisoner said, "Oh, let the little b----lie"—Mrs. Goodall uncovered it, and it was in a heat of sweat—Mrs. Goodall told her if she did not see to the baby it would be smothered—she said she should not care if the little b----was smothered—I said, "You ought to be ashamed of yourself"—she said, "Oh, a b----bastard like that; if I had my will I would smother all such little b----bastards like that"—I said, "Why did you have a little bastard then if you don't like it?"—I saw her again on the 30th July, at her house—I saw the baby, and had it in my lap—I noticed two bruises, one on each side of the forehead, and a lump on the right side of the head—I asked her what marks they were—she said, "Oh, birthmarks"—I said, "Birthmarks?"—she said, "Yes"—I said, "I should not like such marks as that on my baby's head"—I told her to take the baby to the doctor—she said, "I am going to the doctor's this afternoon"; she said her husband persuaded her to take it to the doctor—this conversation took place about ten or eleven in the morning—I saw her again the same evening, I asked her if she had taken the baby to the doctor—she said, "No"; but she had told her husband that she had taken it to the doctor's.
Rosina Flutter. What I told you was that I would tell my husband to take it to the doctor's. Witness. No, you said you told him that you had taken it to the doctor's.
CHARLES WALTER BAKER .—I am Deputy Chief Constable of Surrey—on 7th August a communication was made to me about the female prisoner, in consequence of which I saw her—she was not in custody—she said she wished to tell the truth, as she did not last Tuesday when before the Coroner—her husband was not present—I cautioned her—she then made a statement; I did not take it down in writing—afterwards I saw the husband, he was standing a short distance away—I repeated to him the statement his wife had made to me—when she began to make the statement I stopped her, warned her, and told her the nature of it—she then said, "It was my husband that caused the blow on the child's head"—I don't think he could hear what she said at first, he was too far away, but I repeated her statement to him; it was this, that she stated before the Coroner that she had let the child fall and caused the blow on its head, "but I never did let it fall; it was my husband that struck the child on its head with his hand which caused the blow, three weeks ago last Saturday"—the male prisoner said, "I have struck the child, but it was when I was in drink"—I think that was all he said.
Charles Flutter. I did not say so, but I can't properly recollect that I did hit the child.
ALICE GOODALL . I was at the Priory Tap in North Street, Guildford, on a Tuesday in July, when Mrs. Baker was there—the baby was crying, and I said to the female prisoner, "Rose, go and see to the baby"—she would not, and I went and uncovered the baby, and it was in one beat of sweat—she said she wished all the little b----bastards were smothered—on 10th July she brought the child to my kitchen in a bassinette, and went into the garden picking fruit; I called her in and said, "Rose, will you come in and see to this dear little baby?"—she said, "No, I won't"—I went to it and found the bottle and changed it, the skin and all came with it; I spoke to her about it, and she said she wished all the little b----s were dead and out of the way.
By the COURT. I have not had any quarrel with her—I never said a word only when I found the baby like this; I said she should not enter my house any more, because she did not properly look after the baby.
AMELIA SEARLE . I live in the same road as the prisoners—in July I went to help the female prisoner clean up her house—the baby was there—she beat it so in the chest that it could not cry, she beat it to make it cry—I did not say anything to her about the baby; I don't remember her saying anything to me about it—on the same day I saw her knock it about in Mr. Collins' house—I said to her, "Rose, you will get yourself into trouble"—she said. "I don't care if I get six months, I can do that," and she took it by its arms and said, "You little b----I will break your little b----neck."
Rosina Flutter. You did not see me knock the breath out of my child. Witness. Yes, you did; you hit it in the chest, and shut it up in the perambulator; you did not say, "If they give me six months through it I shall do it innocently"—it is the truth I am saying—we have never had any quarrel.
CHARLES FLUTTER, GUILTY — Three Years' Penal Servitude. ROSINA FLUTTER, GUILTY — Twelve Months' Hard Labour.
JAMES WELLER . I am a baker, residing at Shere, Surrey—on 13th September, between 9.30 and 9.35, I received information as to a fire—I went to a rick of oats and found it on fire—it was partly destroyed when I got there—its value was £50 or £60—I know the prisoner as having resided in Shere—he had done odd jobs for me—some time ago he called me all the f----g things he could put his tongue to, and told me to go and play with----and all sorts of things—that was about six weeks before the fire—he used abusive expressions towards me in the street—he gave no reason for it—he said I would sooner employ foreigners than I would natives; if I gave him employment he would not do it.
Cross-examined. I fixed the time of the fire as near as I could guess—I went into the White Horse, Shere, about 9.30, and I had not been there five minutes when information of the fire came—I had a watch in my pocket—I looked at it—I saw it was 9.35, or a little later—I rent the field the stack stands in—there is a right-of-way through it within twelve yards of the stack—the villagers don't go there a good deal—I go there between the lights, because I have some pigs there and I go to feed them—I do not know that a man refused to help to put the fire out—I swear that-a man lay there tight, but I found out that man was not there at the time of the fire—he was in the village when the fire broke out—"tight" is the Shere for "drunk."
EDWARD EVANS . I am a labourer, living at Shere—I know the prisoner—on Sunday, 13th September, I was in the Prince of Wales public-house, in Shere—the prisoner was in my company—he left about 9.30—I know where the rick was—about three minutes' walk from the Prince of Wales—I left about 9.45—I did not see the prisoner again that night—we had conversed at the Prince of Wales about a summons—that was a month before this job happened—the prisoner was bringing up what Weller had done—he said it was a bit of spite—he gave Weller a very bad character, and said he ought to be made pay for the summons—I had to pay a sovereign—I was summoned, and the prisoner said Weller ought to have paid it instead of me, and that he ought to be hung.
Cross-examined. The prisoner did not say anything about this summons on the night of the fire—he was sympathising with me—I was fined a sovereign—after paying the sovereign the prisoner began about enemies, and brought Weller in—he thought I was ill-treated, and Weller ought to pay—a good many people thought so—I had not said so—I thought so—they like him very well in the village, but not people who work for him; he can only give them about a fortnight's work, and cannot pay them more than half-a-crown a day; I have no fault to find with Weller—they who work for him give him a very bad name; he won't find them enough work, only a week or a fortnight; he keeps a bit of a farm and beats a man down; they don't like him because he won't find them longer work; I cannot think what it is for—I was in the Prince of Wales the night before the fire from 6 till 9.30—the prisoner sat with me all the evening running my character down, and said Weller
ought to be made to pay the fine—he had been drinking—I know where he lives—his way home lies across a bit of water—a short time ago he was ducked in the stream by some boys.
Re-examined. I was up before the Magistrate because they said I was drunk—Weller had nothing to do with it, only the man working for him, supposed to be his son—that was the reason Weller was to pay the fine—this man works in a baker's shop on his premises.
FREDERICK PARSONS . I keep the Prince of Wales beer-house, Shere—on Sunday, 13th September, I saw the prisoner there—he left at 9.25; he had been in the house about two and a half hours—a quarter of an hour after I heard an alarm of fire—I know where the prisoner lives; going out of the Prince of Wales you turn to the left, the Prince of Wales is on the right-hand side of the road going towards the stack—the nearest way for him was past Dartnell's corner, pass a butcher's shop, turn left along the Lower Street, turn over a little wooden bridge, and go up to his house—in going from the Prince of Wales to the stack that was burnt you turn to the right, and when you get 300 yards you turn to the right, and the stack lies on your right-hand side just in the gate—that would not be the direct way to his house, but quite the opposite—in going from the stack to the prisoner's house you pass the Prince of Wales; that would be going through the recreation-ground—that is what we call the allotment field—then you go through the lime walks and over the same bridge, as it would be the other way.
Cross-examined. He could get that way—the nearest way from the Prince of Wales to the prisoner's house would be across a stream—there is no clock in the tap-room—the prisoner did not come at six o'clock in the evening; I never noticed exactly—I would not contradict Evans, because I am not sure.
WILLIAM FINCH . I was a policeman—this plan (produced) is drawn from the Ordnance map—I know the district perfectly well—I have lived there thirteen years—I know the Prince of Wales, where the prisoner resides, and where the stack was burnt—this plan accurately represents the locality—going from the Prince of Wales the prisoner's proper way would be to the left—that would be the shortest way—taking the direction where the stack was burnt he would turn to the right coming from the Prince of Wales—turning to the right, he would not pass Dartnell's corner, but would go a considerably roundabout way to his home—he would go about 400 yards further—that would be out of a distance of about a quarter of a mile—nearly twice as far—the turning to the right where the fire was leads to Shere Heath, that is a footpath—I went with Sergeant Hatton on 14th September, at 7 a.m., to the prisoner's residence at Shere—we asked the prisoner to account for where he was on the previous night; he said he was drunk at the Prince of Wales, that he left there and came home by Dartnell's corner, and was indoors about eight; he might have met some one, but had no recollection of it—Dartnell's corner would bring him into the Lower Street—I am quite sure of that—that would be his shortest way home.
Cross-examined. We asked him whether he had met anyone—his recollection was not hazy, he was perfectly "solid" and sober that morning—he spoke in his ordinary manner—his recollection was not accurate of what took place the night before—the prisoner is somewhat unpopular in the neighbourhood—it was reported in the paper that two men refused
to help to put it out—I do not believe all the papers say—I believe that is perfectly true.
WILLIAM HARRIS . I am a carpenter, living at Shere—on Sunday, 13th September, about 9.30 p.m., I was between sixty and seventy yards from where the stack was burnt down before it was burnt—I was going in the direction of the Prince of Wales—I met the prisoner going the other way—he would have to turn up another road to get to the stack—he was going in that direction—I was coming from Gomshall—to go to the stack he would either go round the road, making about twenty yards difference, or go over the bank in about fifty yards—he would not have to turn back to go to the rick—I said, "Good-night"—he stopped, but only said, "Good night"—in about ten minutes I heard a cry of fire—in consequence of hearing the cry of fire I went back and saw the rick burning—I heard the cry of fire at the Prince of Wales's—that is about two hundred yards from where I met the prisoner.
Cross-examined. If the prisoner had gone straight on the road it would have led him to Shere Heath Bridge—that would take him to where he lives if he went far enough round—he was going in the direction of the fire if he turned up the other road—I said before the Magistrate, "He stopped and said something, I did not know what it was"—he said something, I could hardly hear—it was not very distinct—I do not know if he was under the influence of drink—he is sometimes.
ALFRED ARNOLD . I am a gardener, and live at Shere—I am in the service of the Duke of Northumberland—on 13th September I was at the corner of Albury Park, between 9.30 and 10 p.m.—in consequence of noticing a fire I went towards it—I went along the allotment field—I met the prisoner in the footpath in the allotment field, about 200 or 300 yards from the fire, about half an hour after noticing the fire—I asked him where the fire was—he said something I could not understand—I said, "That's you, Shake; I know you, Shake"—he said something, I did not hear what—Shake is his nickname—after I saw him I went on to the fire—the fire was not on the way from the Prince of Wales to his house.
Cross-examined. It was after 9.30 when I saw the prisoner—I cannot fix the time definitely—he spoke twice, but I could not understand what he said.
WILLIAM HATTON (Sergeant Surrey Constabulary). I am stationed at Albury—I went with Finch to the prisoner's lodgings at 7 a.m. on 14th September—we asked the prisoner to account for where he was on the night of Sunday, the 13th—he said, "I was at the Prince of Wales beer-house, and stopped there till 8 o'clock; I went home along the Lower Street, I do not remember meeting anyone"—I am quite sure he said the Lower Street—I went there in consequence of information received—I questioned him because I suspected him—I was instructed to do that—at four p.m. on the 14th I apprehended the prisoner in the highway at Shere—I told him I should charge him on suspicion with setting fire to Mr. Weller's stack on the night of the 13th—he replied, "I don't know more about it than what you do"—I took him to the Police-station; I found on him a match-box containing two matches—at 6.45 on the same evening I was present at the Police-station when the charge was read—the prisoner said, in answer to the charge, "I was at the Prince of Wales beer-house; I left there about eight o'clock, and went straight home
by Dartnell's corner, and went to bed"—that is by the Lower Street; Dartnell's corner, which is followed by the Lower Street, would be his nearest way home.
Cross-examined. When I asked the prisoner to account for his time I was merely acting on suspicion—I did not caution him; I was only making inquiries—I did not find the matches on him till a quarter to seven the day after the fire—I believe he smokes, I am not certain.
The prisoner's statement before the Magistrate was: "I am quite innocent of the fire."
NOT GUILTY .
MR. STEPHENSON Prosecuted.
NOT GUILTY .
MR. STEPHENSON Prosecuted, and MR. HORACE AVORY Defended.
NOT GUILTY .
MESSRS. HORACE AVORY and A. GILL Prosecuted, and MR. BIRON Defended, at the request of the Court.
GUILTY — Twenty Years' Penal Servitude.
NOT GUILTY .
MR. HUTTON Prosecuted.
GUILTY of the attempt — Twelve Months' Hard Labour.
Before Mr. Recorder.
ROBERT HENRY DUNN . I am a wine merchant, and live at Wrexham—on Monday, 22nd June, I travelled from Wrexham to Paddington by the Great Western Railway, arriving there after five—among my luggage I had a brown Gladstone bag—this (produced) is it—it contained clothes, shirts marked with my name, and other things—I did not miss my bag at Paddington, but on arriving at the hotel—I next saw it about three months after in the possession of the police at Wandsworth Police-station—I believe the contents were all there.
ROLEY CONNOLLY FAULKNER . I am in the Civil Service at the Straits Settlements—in July last I travelled by train from Plymouth to Paddington, arriving there at 6.30 p.m.—my luggage was all labelled at Plymouth for the cloak-room at Paddington—I had a number of packages,
among them a tin box containing jewellery and wearing apparel—at Paddington a porter took the luggage out of the van—I did not observe whether the tin box was put out—I went to the cloak-room with the porter and the luggage—I did not notice that the tin box was not with them; it had a canvas cover with straps round—next morning when I went to obtain the luggage I found the tin box was not there—I have not seen it since, or any of the contents—there was a ticket No. 53 on all the articles, that was put on at Plymouth; there was also another label on the box, "Cabin P. & O."
The Prisoner. I should like to know the date. Witness. 22nd July.
THOMAS DOWDELL . I am a porter in the service of the Great Western Railway Company at Paddington.—on 22nd July I was on duty at the Lost Property Office about seven p.m.—any luggage on the platform unclaimed is brought into the office—a tin box with a canvas cover was brought into the office as unclaimed luggage; I think the cover was drawn together by a string—it was labelled "Paddington"—it remained in the office till about half-past eight; the prisoner then came to claim it—she had her hand resting on the box as it stood apart—she said, "This is my box, I want a cab to take it away"—I said, "You must sign your name and address if it is your property"—she said yes, she was quite willing to sign for it—I asked her what train the box had come by—she said, "The train that arrived at 6.30"—I asked her what train she arrived by—she said she had only just arrived; there was another train from the West of England in, within a few minutes' time—she signed the book, which I produce; I read it as "L. Mill, 9, Hunter Street"—she took the box away—next morning Mr. Faulkner came to claim his luggage, and he then complained of the loss of the tin box—I recalled the fact of the woman having been there the night before, and the book was examined—I next saw her at Wandsworth Police-court; I picked her out from a number of other women.
Cross-examined. The person who claimed the box was dressed as the person I saw at Wandsworth; it was on 22nd July, the same date as is in our book.
HOWARD HAWGOOD . I am an auctioneer at Aldershot—on 23rd August I travelled from Aldershot to Waterloo by the South-Western Railway—I arrived at Waterloo about a quarter to ten p.m.—among my luggage I had a Gladstone bag; this is it—on my arrival I went to the guard's van for my bag, and it was not there—I got to the van before any luggage was got out—the bag contained a quantity of clothing, and three £5 Bank of England notes—when I next saw it, it was in the possession of the railway police—a large part of the contents were still in it; there were a few things missing besides the notes and several papers and documents and a few articles of clothing; most of the things were in the bag.
Cross-examined. I could not give the numbers of the notes; there were missing two shirts, four silk handkerchiefs, two pairs of socks, and two fancy white waistcoats.
ABRAHAM GODFREY . I am a medical practitioner at Southampton—on 10th August my nephew was staying with me; he left on that day for London, taking a portmanteau with him—he has left for America—I recognise this Gladstone bag—I identify it as my nephew's, it is marked
with his name; I also identify a pair of opera-glasses that were in the bag, and this photograph with his name written on the back in pencil.
Cross-examined. I have no idea whether the contents are right; I did not see the bag packed.
ANNIE HARRIS . I am a nurse employed at Ryde's Farm, West Clandon, Surrey—on 8th September I was travelling from Littlehampton by the London and Brighton Railway to Victoria—I had a tin box with me—at Victoria it was missing—I next saw it in the possession of the police at Wandsworth—I missed from it £4 in gold, a gold brooch, and an apron with stripes—this is the brooch with a horseshoe on it.
HENRY BROWN . I am cloak-room clerk at the Brighton Railway at Victoria—on 8th September I remember Miss Harris coming and complaining of the loss of her box—that same afternoon it had been put on an omnibus by mistake; next morning it came back to Victoria, there-upon I put a label on it and an address, and sent it off to Miss Harris at West Clandon that evening by Clapham Junction—this is the label in my writing.
JOHN REW . I am a guard in the service of the Brighton Railway—on 8th September, at 9.4, I had a tin box in my charge addressed to Miss Harris, West Clandon, with the label attached to it—I put it out at Clapham Junction to go to West Clandon.
JOHN THORLEY (Police Sergeant V). In consequence of information I went on 10th September to 21, Hanbury Street, Lavender Hill, in company with Constables Gill and Hopkins, with a search-warrant—I saw the prisoner there in the first floor front room—I told her we were police officers, that I had a warrant to search the house, as I had reason to believe there was property there the part proceeds of larcenies—I asked her who the property belonged to that was in the room—she said, "Everything here belongs me to with the exception of that tin box," pointing to the tin box which has been identified by Miss Harris; she said, "That was brought here by mistake for one that I left at Waterloo"—I asked her what was in it—she said, "I don't know, I have not opened it"—on the bed alongside of the prisoner I saw a bundle of ladies' wearing apparel—I asked who they belonged to; she said, "Well, they came out of that box"—I then saw a large bag, which has been identified by Mr. Hawgood—I asked how she accounted for that—she said, "That belongs to my adopted son, he went away some time ago, owing me a lot of money; he has since written to me to send his clothes to him, but I refused to do so until he sent me some money"—I then called her attention to the small Gladstone, identified by Mr. Godfrey, and asked her who that belonged to—she said, "That belongs to me, I have only just had it repaired"—I asked where it had been repaired, she then pointed along the edges—I could not notice it on the outside, but on the inside the canvas lining had been cut right through, it looks as if the bag had been cut open, it was empty; the property that is now in it I found in various parts of the room—the bag, identified by Mr. Hawgood, was not full; there was a bundle of clothes on the bed which were identified as likely to belong to Mr. Hawgood—in addition to these things I found a miscellaneous collection of articles, men's clothes, dresses, dress materials, and all kinds of things—this brooch, identified by Miss Harris, I found among a number of articles in a little cupboard.
Cross-examined. I did not find the bags belonging to Mr. Hawgood and Mr. Dunn full of things and strapped up; some were on the bed and some in two different cupboards.
WALTER HOPKINS . I am one of the officers who went with the last witness to execute the search-warrant—I found the bag, identified by Mr. Dunn, under the bed, with a number of other articles, baskets and bundles and everything you could mention; there was not room to put your head under—in the cupboard I found this label, which was attached to Miss Harris's box—on 18th September, at Wandsworth Police-court, Miss Harris said, "I have got all but the £4 now"—the prisoner said, "The £4 that Miss Harris lost I have in my purse"—her purse had been examined on the 10th, and more than £4 was found in it.
Cross-examined. This was said in the gaoler's room—I did not say to you, "Can't you tell me the address of that man, where he is to be found?"—nor did you say, "He is nothing but an acquaintance, only a lodger"—I did not ask you where your purse was, nor did you say there were two rings in it—I did not say, "If one was a wedding-ring and on your finger you could have had it"—you did not say I had no business with the purse, as it was not his money—I did not whisper to you and ask where the man was.
MARTHA BRUCE . I rent the house, 21, Hanbury Road—the prisoner took my first floor front on 19th June; her daughter was with her, but she went away the same day; the prisoner was the only person occupying the room—she brought a great deal of luggage with her—on Thursday, 10th September, I heard her come in about half-past eleven at night, and I heard another footstep—I heard a box dropped on the stairs, and the prisoner said, "Hush!"—next night she showed me an apron with stripes to it, and she said she had had a dozen made to go to service with as nurse—I did not see any name on that one, but next day I saw two on the line, she had washed them, and they had the name of Annie Harris on them—she said she had a dozen of linen and a dozen of cambric; these were cambric—on the Saturday previous I gave her a piece of elastic to put round a case like this; I could not swear to it, I did not have it in my hand—my little boy said there was a £5 note in it, I did not see it—she said she was going to change a £5 note, that was later on in the evening.
The prisoner handed in a written defence, the purport of which was that six months ago she met a gentleman who claimed acquaintance with her, and came to lodge with her, and that the bags and articles found in her room were left there by him.
GUILTY — Four Years' Penal Servitude.
MR. WILLSON, for the prosecution, offered no evidence.
NOT GUILTY .
MR. WARBURTON Prosecuted, and MR. MOYSES Defended.
GUILTY — Discharged on his own recognisance, on the promise of not repeating the offence.
873. ALFRED MARSHALL (44) and ROBERT LEIGH (27) , Stealing 1,875 watches, the property of the South-Eastern Railway Company. Second Count, Feloniously receiving the same. MARSHALL PLEADED GUILTY to the Second Count.
MESSRS. DEERING and TRAVERS HUMPHREYS Prosecuted, and MR. GEOGHEGAN Defended.
JOSEPH TOWER . I am a checker in the employ of the South-Eastern Railway Company at London Bridge Station—on Monday, 24th August, early in the morning, a man named Tillard came to me and asked me for Stockwell's first lot of goods—I told him he would have to wait, and afterwards put forty-five packages on his cart—he signed this delivery-sheet, "G. Jones,' in my presence and left.
Cross-examined. I could not tell from the appearance of the packages what they contained.
GEORGE TILLARD (In custody). I am a carman—I did not know the prisoner before this—a few days before August 24th Marshall spoke to me about bringing some things away from London Bridge Station—I got a van from Rayner's yard, and went and got these goods from Tower—I afterwards went with Marshall again to Rayner's yard, and he took another van there and obtained some more goods—he drove one van in my company—we went to Lea Bridge Road and stopped at a villa there, where I saw somebody very like Leigh, but I am not positive of him.
Cross-examined. I was originally charged with taking part in this robbery, and while I was a prisoner I was suddenly put in the witness-box, and the charge against me withdrawn—I am in custody now on another charge—whether it was Leigh or not who took part in the unloading he did not offer to pay me any money—Marshall took the most prominent part in unloading the goods; the man who assisted him did not appear in a hurry, or frightened, or nervous—it was about 9.30 a.m.
CAROLINE MCMINN . I live at 1, Blaskin Villas, Lea Bridge Road, Clapton—the prisoner Leigh is my brother; he lives at the Tap House, Mile End, about two miles from me—on Sunday, August 23rd, about seven p.m., he asked me if I would lend him the stable behind my house for some men to put some stuff in—I told him Mr. Salmon had the key, and he left—he came again about eight o'clock next morning, and was there about an hour and a half or two hours—I saw a cart come into the road; he was there then, and I saw him talking to Marshall.
Cross-examined. That was about two hours after the cart came; he was having breakfast with me when the cart came in—at that time he held the licence for the Compasses in Smart Street, Bethnal Green.
Re-examined. My brother was there when the cart came into the yard, and he went away and came back, and I saw him talking to Marshall.
FREDERICK WILLIAM SALMON . I live next door to Mrs. McMinn—on August 24th I had permission to use her stable to put my bicycle in—I was taking it out that day about eight a.m., and saw the prisoner Leigh—he said, "Good morning," and told me he should want the stable probably for a very short time—I left the key in the door.
Cross-examined. He said the goods would be cleared out in the course of the day—the stable is about fifty yards from the road.
WILLIAM THICK (Detective Sergeant H). On 24th August I received information about this robbery, between eleven and twelve oclock, and with other officers kept watch upon No. 1A, Glaskin Villas, Lea Bridge Road, Mrs. McMinn's house, all that afternoon—I saw Leigh go into the house several times between four and six p.m.—I first saw him and Marshall about two o'clock together—I went into the stable just before two o'clock the following morning, and found 1,875 gold and silver watches and forty-six packages of silk, furs, and embroideries—this board was there with a label on it, marked, "Flenner, 3,721" (produced)—these are probably foreign railway labels—I have some of the watches here, they were all in boxes similar to these; they had been taken out of the packing cases, parts of which were there, and this is the lid of one of them—they have been torn open by some instrument, not opened in the regular way—some of the silks were left in the cases, not unrolled, but piled up on top of the others—I remained there till 6.30 a.m., when the two prisoners came in together—I said, "I am a police-officer, and so are the others with me; how do you account for the watches in the stable?"—Leigh said, "I know nothing about this man here," pointing to Marshall; "on Sunday night last he asked me to get a stable to plant some stuff"—I said, "Who are the other men?"—he said, "I don't know"—I said, "There has been a big jewel robbery at London Bridge, and I believe these to be part of the proceeds, and you will both be charged"—I handed them over to the other officers, and later in the day they were charged at Stone's End—the charge was read over to them, and they made no reply—you can only see the roof of the stable from the road.
Cross-examined. Leigh made no reply to the charge—he had told my brother officer that he was waiting for a man named Jones—before a man gets a licence for a beer-house he must produce evidence of good character—I do not think he has been at the Tap House very long—it is a very low neighbourhood; I believe he has always conducted it respectably—there is a glass door in the stable, but no window or stalls—there is a wall; it is intended for a coach-house and stables, and there is a hole in the wall large enough for a man to get through; a sack hung over the hole, and those goods were beyond the wall—a man going into the stable could not see the goods—I believe the van had a name on the shaft.
JOHN COLE (Detective Sergeant H). I arrested Marshall, and while we were detained Leigh said, "Wait"—I said, "What do you mean?"—he said, "If you wait a little longer you will get some more; there are more than us in it."
Cross-examined. I made this note of the conversation almost immediately I left the house—Leigh mentioned Jones' name to Sergeant Pearce—I did not hear him say that the things were put in for a man named Jones, and if we waited a little longer Jones would come, but I was not paying particular attention—Marshall was living in Usk Street at that time.
ALBERT PEARCE (Detective Sergeant). I was with Cole. I took the prisoners to the stable and showed them the goods, and then took them back to the house and told them they would be taken to the Borough; Leigh said, "Can't you wait? there are more than us in it; the others
will be there presently"; Marshall said, "Yes, we must see Mr. Jones; he will be home soon."
Cross-examined. Marshall lives in Usk Street, five or ten minutes' walk from the Tap House—I have seen him about that neighbourhood—I heard Leigh say that he knew nothing about the watches.
JOHN BAPTISTE KAPPER . I am chief clerk to Messrs. Dantiger and Co., of Basle, Switzerland—the case of which this board with the labels on it formed part was sent to England—Dantiger and Co., had a customer named Herman Rayner.
ERNEST HARTJEN . I am a clerk to Schaeffer and Co., of 28, Watling Street, watch manufacturers—I received this invoice D from J. C. Greadybill, of Slurier, near Basle—the numbers of five of the watches produced at the Police-court tally with numbers on this invoice—the five are worth £2.
Cross-examined. They are worth ten shillings each—this (produced) is a two-guinea one.
HERMAN WAGNER . I am a watch manufacturer in Switzerland—I have no establishment in England, but a relation of mine has—in August this year I received the invoice marked F, but did not receive the goods till I got some of them from the police—they corresponded with the numbers in the invoice—this board was addressed by my clerk—the goods in the invoice are worth about £300; I have not got them all back.
GEORGE STOCKWELL . I am a continental carrier, of King Street, Cheapside—on August 24th I received the invoice B, and sent a man to London Bridge Station to get the goods, but he did not get them—I did not authorise Tillard or Jones to get them for me, and I did not receive them—I have seen some goods at the Police-station which correspond with those mentioned in the invoice.
The prisoners received good characters.
874. THOMAS FRANKS (20) PLEADED GUILTY to burglary in the dwelling-house of Samuel Sheard, with intent to steal; also to breaking into the dwelling-house of Mary Ann Elsey, and stealing one pair sugar tongs, three coats and other articles.— Six Months' Hard Labour.
875. CAROLINE CHENNELL (35) , to unlawfully procuring Emily Channell, aged fourteen years, to have carnal connection with William Lucas and other persons.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.]
878. LEONARD MORRISON WHITNEY (18) , to burglary in the dwelling-house of Elam Ellis, and stealing 1s. 2d. and a pair of boots— Three Days' Imprisonment, having been two months in custody. [Pleaded guilty: See original trial image.] And
(879). RICHARD HERBERT TERRY DRAPER (14), and CHARLES ALFRED HELSDON (15), to burglary in the dwelling-house of Cordelia Weeks, and stealing a quantity of tea and other articles.— [Pleaded guilty: See original trial image.] Recommended to mercy by the prosecutrix. — Four Days' Imprisonment each.
Before Mr. Common Serjeant.
MR. PASSMORE Prosecuted.
HENRY BARNES (L 152). On 26th October, about 3.30 a.m., I was with Sergeant Mobsby in Lower Kennington Lane—Mr. Lewis made a communication to us, and we examined his place and found a broken window in the rear—we searched the place, but found no one inside—I went outside; the sergeant assisted me to get up on a warehouse, and I found the prisoner crouched in a gutter about twenty yards off—he got up and ran along the warehouse about twenty yards, and jumped down to the ground, about ten feet, and then commenced scaling the walls in the rear of Readwell Street—I followed him, and about the twelfth wall I came up to him, but at the third wall I cut my wrist, and therefore I could not hold him—he said, "No one b----man shall take me"—he struggled on the ground, and I drew my truncheon with my left hand and struck him on his head—the occupier of the house came and assisted me to take him to the station—he said he knew nothing about it—I found nothing on him; a cap was brought to the station.
JACOB MOBSBY (L 22). I was with Barnes about 3.30 a.m.—I went to the King's Arms public-house and found the fanlight fittings unscrewed and laid down, and the fanlight had dropped down and was open—I searched the back premises, but found no one—I put Barnes on top of a warehouse at No. 60, and shortly afterwards saw the prisoner in custody—this knife was found open in the yard of No. 62, and a cap in the yard of No. 76—the prisoner owned the cap but not the knife—the cap fitted him; he had passed over the spot where the cap and knife were found.
EDWARD HENRY LEWIS . I keep the King's Arms, Lower Kennington Lane—on September 26th, when I went to bed, the house was quite safe; the fanlight was left a little way down for ventilation—the fittings were secure—after I went to bed I heard a movement, and afterwards heard the smash of plate-glass—I went downstairs and called the police—I found the fanlight down and the window underneath broken—I fancy I have seen the prisoner in the house once or twice as a customer; and I think he was there the same evening—two fittings outside the fanlight had been taken off and laid down.
Prisoner's Defence. I came from Canada to see my mother, and found she was dead. I had no money, and laid on this shed, and seeing a dazzling light I jumped up and cut my face, and got over the wall, and fell down senseless, and the constable took me. I said, "Don't handle me roughly," but he drew his staff, knocked me on my head, and dragged me to the station. I do not know where the house is. I have been away from England nine years.
NOT GUILTY .
(882) WILLIAM HUNT (20), To stealing £1 2s. 6d. from the person of William Stanley; also* to a conviction of felony in July, 1891.— Ten Months' Hard Labour. [Pleaded guilty: See original trial image.]
MR. ALLEYNE Prosecuted, MR. CORSER appeared for Barley, and MR. BURNIE for Adams.
BARLEY, NOT GUILTY . ADAMS, GUILTY *.— Twelve Months' Hard Labour.
MESSRS. HUTTON and ROACH Prosecuted, and MR. WARBURTON Defended.
The Prosecutrix not understanding the nature of an oath, MR. WARBURTON submitted that the charge could not be substantiated, as there was no evidence to corroborate her statement. MR. ROACH agreed that there was no corroboration, and THE COMMON SERJEANT directed a verdict of NOT GUILTY .
Before Mr. Recorder.
MR. KEELING Prosecuted.
NOT GUILTY .
MR. MAXWELL Prosecuted, and MR. ROACH Defended Cornell.
THOMAS NICHOLSON . I am an insurance agent, and live at Guernsey Lodge, Surbiton—on 24th August, between 10.30 and 10.45 a.m. I was at Waterloo Station, waiting for my train, and having half an hour to spare I walked outside into Waterloo Road—I was standing looking at a bill—there men were standing there—Green, who was one of them, rushed on me and snatched my chain and seals, and ran away with it—I ran after him calling, "Stop thief!" I ran up a dark street for him—he went up a ladder to escape out of a door leading into Waterloo Station; the door was locked, and just as I was getting hold of him Cornell came up and kicked me on my right foot and left leg, and they pitched me on to my head, and if it had not been for the silk hat I was wearing, I should have broken my head and lost my life—I got up and called, "Police!" and they ran away—the value of my chain and seals was £20—they did not get my watch, they broke the chain—this is one of the seals; it was afterwards found—in consequence of this assault I was some time under the doctor's care—on the Saturday following I identified the prisoners from among others—I have no doubt about them.
Cross-examined by MR. ROACH. I have described what occurred as being momentary; it was very cleverly done—the light of a street lamp was on their countenances very brilliantly, and I could pick them out from a thousand men—I identified Cornell from among others at once by his height and clothes.
Cross-examined by Green. You had dark clothes on, and a low hat, pretty well over your eyes.
Re-examined. I have not the slightest doubt they are the two men.
ALFRED CAMBER (Detective L). I heard of this robbery on the evening of 24th August, and on the 28th, with Darby, I arrested Cornell—I said, "I am a police officer; I shall arrest you on suspicion, answering the description of a man wanted for highway robbery on the 24th"—he said, "All right, I will go with you, but I hope you get the others"—
on the 29th we wired for Mr. Nicholson, and the two prisoners were placed among seven or eight others, and he came and identified them.
Cross-examined by MR. ROACH. Cornell said nothing about my having made a mistake.
EDWARD DARBY (Detective L). I was with Camber when he arrested Cornell—I arrested Green outside the station in Kennington Road on the morning of the 29th—I told him I should arrest him for being concerned with Hines and Cornell for stealing a gold chain and seals—he replied, "I am innocent of it; I don't know the other two; I went to the Surrey Theatre that night"—I said, "What time did you leave the Surrey Theatre?"—he said, "At half-past eleven"—I said, "What did you see?"—he said "The English Rose"—I said, "Tell me who you were with, and I will tell him to attend the Court"—he said, "I was with myself, but I came out with Mrs. Cummings and her daughter, who live at Cornwall Road, but it is no good going to them; I am going to plead guilty, and have it settled here"—Cornell said, "Yes, we are both going to plead guilty, as we don't want to go to the Sessions; but we are both innocent of this."
Cross-examined by MR. ROACH. The Cummings were not at the Court; Green refused to give me their address—he said it was no good troubling them to attend.
WILLIAM HENRY BENT . I am a carman, of 5, Cross Street, Waterloo Road—on 25th August, at half-past four a.m., I found this locket in Cross Street, Waterloo Road, under the railway arch—I gave it to the police.
Witnesses for the Defence.
DANIEL JOHN HARDY . I am landlord of 2, Morford Place, Lambeth—Cornell has lodged with me for some time—he works as a labourer—on 24th August he went out at 6.30 dressed in his Sunday clothes; he and Green both went out together in their Sunday clothes—their friends have since pawned those clothes—I next saw him about twelve in the Cornwall Road; that is not a stone's throw from Waterloo Station—I have known Cornell between three and four years; I don't know what character he bears.
THOMAS WILLIAM CAMP . I am a master builder—I have known Cornell about fourteen years—I was with Cornell up to about nine p.m. on 24th August; he said he was going to the Surrey Theatre—I met him again about five or ten minutes to twelve in the Waterloo Road, not far from the station.
Green, in his defence, stated that he had been to the theatre on this evening, and knew nothing of the robbery. He called
ELIZA CUMMINGS . I am married, and live at 124 1/2, Cornwall Road, Lambeth—on Monday night, 24th August, I met Green, whom I have known from a child, at the Surrey Theatre, at nine o'clock—we left him inside, and came outside to have refreshment, and we went back again—we did not see Green again till we came out when it was all over at 11.30; he was by himself—he left us at the Pear Tree, at the corner of Cornwall Road, about 11.45—a young lady was with us—he had a black suit, collar, and tie on.
he came down the Waterloo Road as far as the Pear Tree, with Mrs. Cummings and me.
GUILTY . GREEN was further charged with a conviction of felony in April, 1891, to which he PLEADED GUILTY— Twelve Months' Hard Labour. CORNELL— Nine Months' Hard Labour.
The case of Sidney Kershaw, removed to this Court from the Manchester Assizes, was also tried this Session.
ADJOURNED TO MONDAY, NOVEMBER 16TH, 1891.
The following Prisoners, upon whom the sentence of the Court was respited at the time of Trial, have since been sentenced as under:—
Vol. cxiv. Page. Sentence.