CENTRAL CRIMINAL COURT
SECOND SESSION, HELD DECEMBER 12TH, 1892.
MINUTES OF EVIDENCE.
TAKEN IN SHORT-HAND, BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
EDWARD T. E. BESLEY, ESQ.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
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Law Booksellers and Publishers.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, December 12th, 1892, and following days.
BEFORE the RIGHT HON. STUART KNILL, LORD MAYOR of the City of London; the Hon. BARON POLLOCK , Knt., and the Hon. Sir ALFRED WILLS , Knt., two of the Justices of Her Majesty's High Court of Justice; Sir JAMES CLARKE LAWRENCE , Bart., and Sir JOSEPH SAVORY , Bart., Aldermen of the said City; Sir CHARLES HALL , Knt., Q. C., M. P., Recorder of the said City; GEORGE FAUDEL PHILLIPS. Esq., HORATIO DAVID DAVIES , Esq., M. P., ALFRED JAMES NEWTON , Esq., JOSEPH COCKFIELD DIMSDALE, Esq., WILLIAM PURDIE TRELOAR, Esq., and VAUGHAN MOWBRAY , Esq., other Aldermen of the said City, and Sir FORREST FULTON, Knt., Q. C., 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.
JOSEPH RENALS, Esq., Alderman.
CENTRAL CRIMINAL COURT
KNILL, MAYOR. SECOND SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, December 12th, 1892.
Before Mr. Recorder.
MR. C. F. GILL and MR. ERNEST BEARD Prosecuted, and MR. PAUL TAYLOR
ALFRED GEORGE COLE . I am manager to Mr. Edward Pink, of the Southwark Park Road—he buys fruit from the firms of Ingleden, Fowler, Champion, Fuller, and others—I buy for him very large quantities—the fruit is brought in baskets, half-bushels, pecks, and bushels—the baskets are a loan to us—after the fruit is taken out of them they are sent back to their owners by our carmen—we had a carman named Langham—he is not in our employ now—in the course of his duty he would not have to go to 5, Sandys Street—he had no right to go there with these baskets—I had not known the prisoner previous to this charge—at the time I gave evidence I had no baskets in hand belonging to the firms mentioned.
Cross-examined. When we send baskets back we sometimes get a receipt for them, not from all the firms; from Fowler and Lewis, and I think from some others, but as a rule we do not get receipts—we have received one claim for baskets from Mr. Fowler; that was in October, I think—that was after I had given evidence at the Police-court—when our carmen take back baskets we do not receive anything in the nature of a notification as to the number of baskets they carry—they do not know what number they carry, or for how many to ask a receipt for.
By the JURY. Accounts are kept between our firm and those from whom we have the baskets on loan where they give tickets, not where they do not give tickets—where no tickets are given there, are no accounts—we do not sell the baskets—no account is kept of the number of baskets.
GEORGE MCDONALD . I live at 20, Church Road, Homerton—I am a porter in the employment of Mr. Cohen, of Bishopsgate, and work at 15, Windsor Street, adjoining 5, Sandys Street—I know the cellar there—I
have seen a van of Mr. Pink's there, just outside my governor's window, just adjoining the cellar door—I have seen a van drawn up there, and fruit baskets taken from the van at 5, Sandys Street—they were chucked out of the van and taken into the passage and down the steps into the cellar—the van I have seen there was a pair-horse van—I have seen a van there three times in a week—as near as I can speak, the van was the same each time—some of the baskets were marked in red and some in black, and some had a big W on, but I never took much notice—as near as I recollect, this occurred in July and August—I saw it five times altogether—I never saw any railway company's vans there—I have not seen the van there since these proceedings.
Cross-examined. I did not see other vans there besides Mr. Pink's—I did not see large barrows or handbarrows containing baskets—I have seen plenty of barrows, but no baskets on them.
CHARLES HAVELL . I am delivery foreman in the employ of Messrs. Cooper, wool warehousemen, New Street, Bishopsgate—I live at 24, Abbey Street, Bermondsey—I know No. 5, Sandys Street—I have once seen Mr. Pink's van there—that was about the middle of August—it was standing outside No. 5—there were empty baskets on the van—they were thrown over the side of the van, on the side next to 5, Sandys Street; I did not count them—I should think there were between twenty and thirty—I did not see what became of them.
JOSEPH LOCKHART . I am a carman in the employ of John Harris, 28, Artillery Lane—on September 21st, from instructions, I went with a one-horse van to 5, Sandys-street—Donelly, another carman, went with me with another van—we got there at a few minutes after two a.m.—when I got there I saw the prisoner standing outside the door of No. 5—he said we were an hour behind time, as the vans were ordered there at one—we then proceeded with the loading according to his instructions—he told us to get to work as soon as we could—he took us downstairs into the cellar—I saw a large number of baskets there—he told us to load them up and get them away as fast as we could—he did not mention any number of baskets—he said, "Try and get them all on the van"—he assisted in the loading—we loaded both vans with as many as we could get on—I should think there were from 500 to 600 on both vans—he then told us to drive off to Covent Garden—he rode with me on my van—this was on Wednesday, which is not a market morning—he told me to hurry on as fast as we could, or it would be a bowl out with the police—that means that the police might have found it out—he said he had had a row with another man, and he was frightened that the other man would have rucked upon him if he did not get them away—he told us to go as quick as we could—I went to the top of Southampton Street—I got there about four in the morning—there we threw off the baskets as fast as we could—we did not stop to undo the ropes—we let them down as fast as we could, and the prisoner stuck them up—Donelly's van was unloaded a little further into the market—the prisoner told us if we liked we could call back at the cellar and put the rest of the baskets on and take them away, as he did not want any left in the cellar; they were of no use to him—I told him our governor would not allow us to go back, and we drove to our own stable—I should think we left over one hundred baskets in the cellar—I left the prisoner in the market—he paid us the cartage, and gave us 1s. each for ourselves—I gave evidence about this
at Guildhall, and Donelly also—he has not spoken to me about it since—I have not seen him since last Sessions—I saw him here then, and he asked me to try and make the case as good as I could for him—he spoke to me two or three times—he spoke to me in a public-house—I said I thought it would be a bowl out—he said if I could make the case as good as I could he would stand a better chance.
Cross-examined. "Bowl out" is a phrase I was used to—I knew I was doing something wrong; I did not complain to a policeman—I did not refuse to do what the prisoner wanted me to do; we were sent there to load up, and we did it; only on the road to Covent Garden he was rather frightened that it might be "bowled out"—I made a statement. about this, before I gave evidence, to Mr. Beard, the solicitor for the prosecution—I used the word "ruck" in that statement—I cannot read—I received my orders in this matter from my governor, Mr. Harris; he is a master carman; I have seen barrows outside 5, Sandys Street, but not baskets—I think this was the first time I had seen baskets there; Donelly is a mate of mine; we did a load each—I did not inform the police; I did not want to bother—the prisoner only gave me a shilling,—Abbott was the first person who spoke to me about this case; he told me he wanted me to give evidence against Mr. Griszard—he told me that before I told him anything; no money passed between Abbott and myself at any time—my statement to him was in answer to questions which he put—I did not know him—I had never given a statement to the police before—I can't say whether he made a note of it—he asked me a good many questions; it was, after that that I was taken to Mr. Beard's office; he asked me a number of questions—I have on several occasions taken baskets to the market for persons; there was nothing curious in doing so—Donelly has done market work the same as myself; it is a common thing to have large quantities of baskets taken to the market, but not on a market morning; at that hour the market is not open.
Re-examined. I am a carman, at weekly wages, and receive orders from my governor; my order on this occasion was to go at twelve o'clock, but I could not get there till two; I have never taken a load of baskets and shot them down before like this—I have taken baskets.
By the COURT. I first knew that there was something wrong about this when on the road, when the prisoner spoke about "bowling out."
DANCIE DONELLY . I am a carman in the employment of Mr. John Harris, master carman—I take vans out on his instructions—on the morning of September 21st I received instructions from him to take a van to Sandys Street, to the same place my mate, Lockhart, went to—I got there about two o'clock—I saw the prisoner there—he said we were, rather late—I went down in the cellar and helped to throw fruit baskets up, and we loaded between five and six hundred upon the vans and drove to Covent Garden—the prisoner rode on the first van—when I got to Covent Garden I went into the middle of the market, opposite the clock, and unloaded the baskets on the stones—he said according to our governor's instructions there was another load of fruit to bring back from the market that he bought to take into Spitalfields—he gave us 12s. for the job, and 4s. coming back, and he took us into a coffee-shop, and then into a public-house bar, and treated us—he gave me 1s.
Cross-examined. I do not know the prisoner as a dealer in baskets—I
have seen a van of Mr. Pink's there, just outside my governor's window, just adjoining the cellar door—I have seen a van drawn up there, and fruit baskets taken from the van at 5, Sandys Street—they were chucked out of the van and taken into the passage and down the steps into the cellar—the van I have seen there was a pair-horse van—I have seen a van there three times in a week—as near as I can speak, the van was the same each time—some of the baskets were marked in red and some in black, and some had a big W on, but I never took much notice—as near as I recollect, this occurred in July and August—I saw it five times altogether—I never saw any railway company's vans there—I have not seen the van there since these proceedings.
Cross-examined. I did not see other vans there besides Mr. Pink's—I did not see large barrows or handbarrows containing baskets—I have seen plenty of barrows, but no baskets on them.
CHARLES HAVELL . I am delivery foreman in the employ of Messrs. Cooper, wool warehousemen, New Street, Bishopsgate—I live at 24, Abbey Street, Bermondsey—I know No. 5, Sandys Street—I have once seen Mr. Pink's van there—that was about the middle of August—it was standing outside No. 5—there were empty baskets on the van—they were thrown over the side of the van, on the side next to 5, Sandys Street; I did not count them—I should think there were between twenty and thirty—I did not see what became of them.
JOSEPH LOCKHART . I am a carman in the employ of John Harris, 28, Artillery Lane—on September 21st, from instructions, I went with a one-horse van to 5, Sandys-street—Donelly, another carman, went with me with another van—we got there at a few minutes after two a.m.—when I got there I saw the prisoner standing outside the door of No. 5—he said we were an hour behind time, as the vans were ordered there at one—we then proceeded with the loading according to his instructions—he told us to get to work as soon as we could—he took us downstairs into the cellar—I saw a large number of baskets there—he told us to load them up and get them away as fast as we could—he did not mention any number of baskets—he said, "Try and get them all on the van"—he assisted in the loading—we loaded both vans with as many as we could get on—I should think there were from 500 to 600 on both vans—he then told us to drive off to Covent Garden—he rode with me on my van—this was on Wednesday, which is not a market morning—he told me to hurry on as fast as we could, or it would be a bowl out with the police—that means that the police might have found it out—he said he had had a row with another man, and he was frightened that the other man would have rucked upon him if he did not get them away—he told us to go as quick as we could—I went to the top of Southampton Street—I got there about four in the morning—there we threw off the baskets as fast as we could—we did not stop to undo the ropes—we let them down as fast as we could, and the prisoner stuck them up—Donelly's van was unloaded a little further into the market—the prisoner told us if we liked we could call back; it the cellar and put the rest of the baskets on and take them away, as he did not want any left in the cellar; they were of no use to him—I told him our governor would not allow us to go back, and we drove to our own stable—I should think we left over one hundred baskets in the cellar—I left the prisoner in the market—he paid us the cartage, and gave us 1s. each for ourselves—I gave evidence about this
at Guildhall, and Donelly also—he has not spoken to me about it since—I have not seen him since last Sessions—I saw him here then, and he asked me to try and make the case as good as I could for him—he spoke to me two or three times—he spoke to me in a public-house—I said I thought it would be a bowl out—he said if I could make the case as good as I could he would stand a better chance.
Cross-examined. "Bowl out" is a phrase I was used to—I knew I was doing something wrong; I did not complain to a policeman—I did not refuse to do what the prisoner wanted me to do; we were sent there to load up, and we did it; only on the road to Covent Garden he was rather frightened that it might be "bowled out"—I made a statement, about this, before I gave evidence, to Mr. Beard, the solicitor for the prosecution—I used the word "ruck" in that statement—I cannot read—I received my orders in this matter from my governor, Mr. Harris; he is a master carman; I have seen barrows outside 5, Sandys Street, but not baskets—I think this was the first time I had seen baskets there; Donelly is a mate of mine; we did a load each—I did not inform the police; I did not want to bother—the prisoner only gave me a shilling.—Abbott was the first person who spoke to me about this case; he told me he wanted me to give evidence against Mr. Griszard—he told me that before I told him anything; no money passed between Abbott and myself at any time—my statement to him was in answer to questions which he put—I did not know him—I had never given a statement to the police before—I can't say whether he made a note of it—he asked me a good many questions; it was after that that I was taken to Mr. Beard's office; he asked me a number of questions—I have on several occasions taken baskets to the market for persons; there was nothing curious in doing so—Donelly has done market work the same as myself; it is a common thing to have large quantities of baskets taken to the market, but not on a market morning; at that hour the market is not open.
Re-examined, I am a carman, at weekly wages, and receive orders from my governor; my order on this occasion was to go at twelve o'clock, but I could not get there till two; I have never taken a load of baskets and shot them down before like this—I have taken baskets.
By the COURT. I first knew that there was something wrong about this when on the road, when the prisoner spoke about "bowling out. "
DANCIE DONELLY. I am a carman in the employment of Mr. John Harris, master carman—I take vans out on his instructions—on the morning of September 21st I received instructions from him to take a van to Sandys Street, to the same place my mate, Lockhart, went to—I got there about two o'clock—I saw the prisoner there—he said we were rather late—I went down in the cellar and helped to throw fruit baskets up, and we loaded between five and six hundred upon the vans and drove to Covent Garden—the prisoner rode on the first van—when I got to Covent Garden I went into the middle of the market, opposite the clock, and unloaded the baskets on the stones—he said according to our governor's instructions there was another load of fruit to bring back from the market that he bought to take into Spitalfields—he gave us 12s. for the job, and 4s. coming back, and he took us into a coffee-shop, and then into a public-house bar, and treated us—he gave me 1s.
Cross-examined. I do not know the prisoner as a dealer in baskets—I
had moved walnut baskets for him before, not the sort I took on this day—I was by myself, and had no conversation with him.
JAMES MURRAY . I am a sub-collector at Covent Garden Market—at one o'clock on September 21st my attention was called to 108 baskets on the south side of the market, opposite Southampton Street—they were unclaimed—other baskets had been taken by different salesmen who had identified them—I had them removed—the following day I found seventy-six unclaimed baskets at the south-west corner of the market—those were the only two occasions on which I found unclaimed baskets in the market.
Cross-examined. I frequently find unclaimed baskets and other goods in the market—they are taken to the green-yard.
THOMAS ABBOTT (Detective-sergeant City). The inquiry with regard to these missing baskets was put into my hands—from September 21st to 26th I and other officers kept observation on this cellar at Sandys Street—the prisoner never came there during that time—on the 26th a search warrant was granted at the Police-court to search these cellars—I went and got in—Mrs. Isaacs, the landlady, gave me the key—I found there 122 fruit baskets; five of them with the name of T. Fowler—among the 122 there were about twenty different names altogether—I found also a paint-pot with two colours, a dark and a drab colour, and a brush—there was nothing else in the cellar—I did not see the prisoner till October 7th—I had made every inquiry since September 21st—on October 7th a communication was made to the police, and the prisoner came to the Police-station in company with a solicitor's clerk—I said to the prisoner, "Is your name Isaac Goldsmith?"—he said, "No, Griszard"—I said, "Do you live at 27, White Lion Street?"—he said, "No, 29"—I said, "Do you rent the cellars at 5, Sandys Street?"—he said, "Yes, and I pay 1s. 6d. a week for them"—I said, "On 26th September I obtained a search warrant to search these cellars, and there I found 122 baskets, the greater part of them with names on them, some painted out"—some names were painted out—I said, "How did you become possessed of them?"—he said, "I bought them"—I said, "How much did you pay for each basket?"—he said, "All prices"—I said, "It is usual when you buy fruit in baskets to have metal tickets; have you any?"—he said, "No, I bought them all empty; I am a basket dealer"—I said, "Anything else?"—he said, "Jewellery"—I said, "Brummagem?"—lasted him previously whom he bought the baskets from, and he made no answer—after he was in custody I saw Langham, one of Pink's carmen—he made a statement in my presence and that of the manager, Mr. Fowler, at Pink's place—he was arrested, brought before the Magistrate, remanded, and discharged—the prisoner was charged by Fowler, who identified some of the baskets—the name was painted out on one basket with paint of the same colour as that in the paint pot—I knew on 21st, when I went to keep observation, that there were baskets in the cellars—I had no knowledge of the removal by the two vans—about twenty baskets in the cellar had the names painted out—you cannot trace the name at all now—the paint was dry when I saw it; it would dry in a very short time.
Cross-examined. I have heard that purchasers of baskets paint the name out, and paint their own name on—a basket dealer might paint out the old name and sell them to a salesman for him to put his name
on—Sandys Street is about two and a half miles, I should think, from Covent Garden—it would be necessary to paint the baskets all round to take out the name, because the name goes all round.
THOMAS FULCHER (Constable City). On 7th October I brought the prisoner from the Police-station to the Justice-room—on the way he said to me, "This comes from not being a scholar; if I could read I could have taken the baskets back to the owners"—I said, "Did you buy the baskets?"—he said, "Yes, I am a basket dealer; I buy them of the costermongers; they don't care about dragging them up to Covent Garden for one shilling, so I buy them, and sell them in the market. "
JAMES FOWLER . I am a fruit salesman at Covent Garden, and manager to my father, a fruit-grower at Canterbury, who consigns his fruit to our stall at Covent Garden in baskets similar to these, which are worth fifteen or sixteen pence each—Pink, of Southwark Park Road, is our customer, and a large buyer of fruit—there is an arrangement that when the fruit is emptied out the baskets shall be returned to us; we charge a customer like that no deposit—I do not know the prisoner; I had no dealings with him—I have found from time to time a large decrease in our stock of baskets—with small buyers we charge one shilling on the basket, and give a brass ticket, and the shilling is returned when the basket is returned—among the baskets produced by Abbott after the search I recognised five of my baskets—I do not sell baskets at all.
Cross-examined. I cannot say that the baskets I identified had been actually sent to Pink's—we have a large number of small customers, and those baskets might have gone to them; I can only identify them as mine—fruit is continually sold in the baskets in the market to small customers—there is no limit of time in which the baskets may be returned; there is a rule to the effect that baskets will not be taken back unless returned in fourteen days, but I never knew it exercised—we require thousands of baskets—I could not say how many baskets I have out at the present time—I keep no strict account of the baskets leaving our premises and being returned—we are satisfied with the shilling deposit, which is a fair value, taking old and new baskets—I believe some people look carefully after their baskets—I have made claims on railway companies for fruit contained in baskets—we have no method of tracing any particular basket.
Re-examined. Baskets are worth more to us than to anyone else.
By the JURY. We keep No. account of baskets lent to large buyers, or of those they return—we don't know how many are out—we keep an account of the baskets sent to Pink, but we keep no account of those sent back empty.
EDWARD FOWLER . I am a fruit-grower at Canterbury, and have a stall in Covent Garden—I am not connected with the last witness's firm—we supply Pink, of Southwark, and other firms with large quantities of fruit, having no deposit on the baskets—when we supply small buyers we charge one shilling deposit on each basket, and give a metal ticket, and if they bring the baskets back they receive their money back—I identify two of these baskets produced, left at Covent Garden, as mine.
Cross-examined. We have a large number of small customers—there is no difference between the baskets supplied to them and those supplied to Pink's—there is a clause on our tickets that baskets are not allowed
for unless returned within fourteen days, but that clause has never been carried out—there is no means of tracing any particular baskets except that they have my name on—I always give receipts for baskets returned by big buyers like Pink—I said at the Police-court, "I have referred to my account with Pink for this year"—I believe I found out after the prisoner was committed that Pink's were short in their baskets.
By the COURT. As a rule small buyers redeem their baskets—they would sooner have the shilling, and we are glad to get the baskets back—we keep an account of empties sent back from Pink—I found on looking at that time that Pink owed us baskets—I could not tell if we have thousands of baskets outstanding—we deal very largely.
Cross-examined. I have no book with me—I make up the ledger from other books, one of which is kept by Mr. Fowler and the others by me—the baskets as they are returned are checked by the man who gives the voucher for them, and he enters them in the book—sometimes I make that entry when I take the baskets, and give a voucher for them.
HENRY EDRIDGE . I am in the employment of E. and S. Fowler, fruit salesmen, Covent Garden—on September 21st I found four of these baskets lying about outside Covent Garden Market, at the Henrietta Street corner, a short distance from Southampton Street—I picked them out of a large number of baskets.
ALBERT ROBERT MARTIN . I am in the employment of Mrs. Bath, Stratton Thalsay, fruit grower in Kent, and salesman at Borough Market and Spitalfields—our baskets are marked "INGW"—Pink buys from us—our baskets are to be returned empty as soon afterwards as convenient—I identified four among the baskets found by Abbott at the cellar—about September 21st, in consequence of what was being talked about in Covent Garden, I went to the Green Yard there, and saw forty-three baskets belonging to my employer—that was the day the baskets were claimed—we supplied to Pink baskets similar to the forty-three I found.
Cross-examined. In the ordinary course the baskets sent to Pink would be returned as soon as they had emptied them—sometimes we get them back within a week, sometimes it is more—we always put down what baskets are brought back—I am not aware that we enter it in any book—some baskets have been missed by our firm; I cannot say where they are—we have small customers—I cannot trace whether baskets go to small customers or to Pink's—we have no rule about only returning deposits if baskets are returned within fourteen days—we take a deposit on all baskets sold to greengrocers, but not on those sold to jam makers—I should say, we had a large number of baskets outstanding among small dealers—a number of people in the position of costermongers deal in fruit; they receive it in baskets from us, paying us one shilling deposit on the baskets.
Re-examined. They could not sell these baskets for more than one shilling anywhere—I should say they would get more from us than from anyone else.
By the COURT. Small customers do bring them back; they are very glad to get their shilling.
in the Borough Market and Covent Garden—we sell large quantities of fruit in baskets—we supply Messrs. Pink, the practice being that they should return the baskets as soon as they were empty—this season we supplied them with fruit up to September—our baskets had decreased in number-after the search-warrant had been executed Abbott showed me seven baskets, which I identified as similar to baskets we had supplied to Messrs. Pink in September—early on the morning of 21st September there was talk in the market about baskets, and from what I heard I went to Southampton Street, and there saw a large number of baskets, in which were fifty-one of ours—at another place, a little distance off, I found also twenty-one of our baskets.
Cross-examined. We have occasionally had to make claims against railway companies for fruit and so on contained in baskets similar to these—those claims are settled by payment of a lump sum, including both basket and fruit—after that I should not know what became of those baskets—we have a large number of small customers—we find it necessary to get about 6,000 new baskets a year; only a portion of those would represent increasing trade, the rest would go to replace baskets lost and worn out—we do not keep a very regular account of the baskets we supply large buyers like Pink with—I identified the baskets I saw on the 21st by the name on them; it was not obliterated.
JOHN WILLIAM VALES . I am manager to Frank Woodham, fruit salesman in the Borough Market—among other customers we supply Messrs. Pink—they pay no deposit on the baskets, but return them as soon as convenient, when empty—in the case of small buyers we require a deposit of one shilling each—of the baskets shown me by Abbott I identified six at the City Green Yard and seven at Covent Garden—attached to the rim of one of them was this ticket, which we issue with our basket—I think that on July 22nd we supplied Messrs. Pink with black currants—I could not identify any of the baskets containing that consignment—we sold to Messrs. Pink 114 half-bushels of black currants, which Matthews had consigned to us for sale, and on the baskets containing those would be a ticket like this, but I could not say that the basket to which it was attached was one we sold to Messrs. Pink—it was on a basket from Matthews, and some of those baskets we sent to Pink.
Cross-examined. Possibly we sold some of Matthews' baskets to other people—a large number of people trade with us every day—we find it necessary to get about four or five thousand baskets, or perhaps more, in the course of the year—we cannot trace any particular baskets to Pink or other firms—we do not take a careful note of what they return—Messrs. Pink are the only large buyers we have—all other buyers are charged for the baskets, and they generally return them—we get them back half worn-out occasionally, and we are obliged to take them in and pay the shilling, although they have been kept two or three months—if they are brought back a year or two years afterwards we have to pay for them, even if they have to be burnt directly afterwards.
JOHN OWEN . I am in the employment of Mr. Ford, a fruit salesman—we sell to Messrs. Pink large quantities of fruit—I do not know the prisoner—on October 24th I identified at the Police-court four baskets as belonging to ray employer, and I afterwards, at the Green Yard, Covent Garden, identified fifteen.
Cross-examined. We supply other jam makers in as large a way as
Pink, and we have a large number of small customers—we have no way of tracing particular baskets to particular people; no note is kept of them.
HENRY LEWIS . I am a member of the firm of Lewis and Son, fruit and vegetable salesmen—we supply Messrs. Pink—we do not require from them a deposit on baskets—I identified this basket from those produced by Abbott—my name was on it when it was sent out—it has now been partially painted out.
Witnesses for the defence.
WILLIAM BURGESS . I am a costermonger, and live at 243, Duke of York Chambers—I have known the prisoner about four or five years—I always knew him to be in the market as a basket buyer—I have known him to buy and soil baskets for the last four or five years—he comes round with his barrows and asks if we have any baskets or barrels for sale—I have sold him baskets that I have had by me during the season of which I have lost the tickets, and which I have been glad to sell—I always go to market every morning, and purchase fruit in baskets—a deposit of a shilling is paid on every basket—those are the baskets which I have afterwards parted with to the defendant—I have known him to buy heaps of baskets—I have always seen him at the market—I have never heard any suggestion against his conduct.
Cross-examined. The Duke of York Chambers is a lodging-house—I believe the prisoner is called Dutchy in the market—he is known among the costers by that name—I did not know that he had a partner—I did not know that he dealt in jewellery—I can't say how often I have lost tickets of baskets, sometimes three or four times a week—sometimes they have wrong marks, and when you take them back they say they don't belong to them—I lose the tickets in the hurry and scurry of business—if they say the baskets belong to them we get a shilling a basket when we take them back, if the ticket is right—the prisoner bought some baskets of me between four and five months ago at my yard in Old Nicol Street; he bought about fifty or sixty—I had lost the tickets of them—he gave me about 25s. for them—it is a serious loss to me, but it is a thing all costermongers have to put up with—I have on several occasions taken back baskets, and because I had lost the tickets they refused to give me the money for them.
ALFRED BURDON . I am a fruit dealer at 23, Old Nicol Street—I purchase baskets similar to those, containing fruit at Covent Garden and other places—the prisoner has dealt with me for similar baskets for the last three years, miscellaneous baskets and barrels—we have a ticket with them; if we lose the ticket the basket is useless to us—I lose many hundreds of tickets during the fruit season—these baskets are Mr. Fowler's—I have bought a lot from him—I have dealt with the prisoner for baskets of this kind—we get a separate ticket with each basket.
George Smith, warehouseman to Mr. Gunn, of the Borough Market; John Wilks, fruiterer, of 194, Stamford Hill; Joseph Isaacs, general dealer, of 5, Sandys Street, Bishopsgate; and Michael Veary, of 51, Crisp Street, Poplar, gave evidence to the same effect, and gave the prisoner a good character.
GUILTY .— Twelve Months' Hard Labour.
NEW COURT.—Monday, December 12th, 1892.
Before Mr. Common Serjeant.
87. DAVID JONES (28) PLEADED GUILTY to stealing a coat, the property of Edward Payne, also to feloniously forging and uttering two receipts, with intent to defraud H. M. Postmaster-General.— Six Months' Hard Labour.
88. THOMAS JOHN HOLLEY (26) , to stealing a postal packet, the property of H. M. Postmaster-General. He received an excellent character, and a petition for mercy signed by eighty-four persons was produced. MR. GEOGHEGAN, for the prisoner, stated that the prisoner had expended the money entirely upon his sick wife.— To enter into recognisances. [Pleaded guilty: See original trial image.]
89. HENRY WILLIAM BANKS** (28) , to stealing a mare, the property of John Gumble; also a horse, the property of William Potter; also a pony, cart and harness, the property of George Brooks, having been convicted at this Court on July 2, 1888, in the name of William Stephens.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
91. MAURICE COSTELLO (36) , to feloniously having counterfeit coin in his possession, having been convicted of. a like offence in April, 1884. He had three times been sentenced to Five Years', Penal Servitude, and fourteen months of the last sentence was unexpired.— Ten Years' Penal Servitude. [Pleaded guilty: See original trial image.]
MR. WILKINSON Prosecuted.
GEORGE LEAMINGTON . I am barman at 42, King William Street, City—on November 29th, about twelve o'clock, I served the prisoner with rum, price twopence—he gave me a shilling—I broke it with my teeth and told him it was bad—he said nothing—the young governor held him while I went for a policeman—I had served him with rum the day before, when he gave me a bad shilling—I broke it, and he gave me a good one, and took the pieces away.
ELI HEATH (829 City). Leamington called me—I went to the house with him, and he said, in the prisoner's presence, that he had passed a bad shilling to him, which he gave me, and said that he had passed one the night before—he made no answer—I searched him at the station, and found three sixpences, a shilling, and 1 1/2 d., all good—he made No. answer to the charge, and refused his address—the barman gave me this shilling.
Prisoner's Defence. I did not know it was a bad coin. I was not there that night.
—He then PLEADED GUILTY** to a conviction on January 11th, 1886, of uttering counterfeit coin, upon which the JURY found him guilty of felony.— Five Years' Penal Servitude.
MR. WILKINSON Prosecuted.
WILLIAM BATES . I am a collector for the Sudbury Dairy Company, 172, Wardour Street—on August 2nd the prisoner came in for a quarter of a pound of tea, and gave me a crown—I examined it, and said, "This is bad"—he said, "Is it?" and took it back, and gave me 4 1/2 d.,
the price of the tea, and said that a man gave it to him to come in and get the tea—I gave him in custody; he was taken before a Magi, strate and discharged.
GEORGE FORWARD (105 C). I was called, and the prisoner said he was sent in by another man—I found 4 1/2 d. on him—he gave his name, George Hine—I made inquiries, and found his name and address were correct—after a month the bad crown was handed to the Treasury.
HARRY BARHAM . I live at 53, Yeoman's Row, Westminster—on 10th November I was in Montpellier Street, Westminster, and the prisoner spoke to me and said, "Will you fetch me half-a-quartern of rum in a bottle?"—I said, "Yes, if you will give me a penny"—he told me the public-house, and gave me a half-crown—I went there, asked for the rum, and gave the barman the half-crown—he took the rum from me—I went out and pointed the prisoner out to a police-sergeant.
HARRY BIBBY . I am barman at the Talbot, Montpellier Street—on November 10th Barham came in for half-a-quartern of rum—I pressed it on the counter and it broke—I took the rum back from the boy and gave the coin to Sergeant Beckley, who brought the prisoner back.
—BECKLEY (Police-Sergeant 5 B). I was called to the Talbot—Barham made a statement to me, went out with me, and went up to the prisoner, who was standing at a corner about 150 yards from the house—I was in uniform—I sent the boy on one side, and I went on the other—he said that the prisoner was the man; he made no reply—I searched him at the station and found two separate shillings and two halfpence—he declined his address on account of his mother being subject to fits—I received the coin from Bibby.
The prisoner's statement before the Magistrate: "I was sent in, the same as the little boy was sent in. I am innocent." He received a good character
GUILTY .— Discharged on his father's recognisances.
MR. WILKINSON Prosecuted. FANNY FINCH. I am assistant to Mr. Stiles, a confectioner, of 36, Notting Hill Gate—on November 10th Mountbar came in for twopennyworth of spice-nuts, and gave me a half-crown—I told her it was bad—she said she got it in change for a half-sovereign down the road—I took her to Mr. Stiles and gave him the coin.
EDMUND WILLIAM STILES . I am a confectioner—on 10th November Finch showed me a coin—I broke it in a tester, and asked Mountbar where she got it—she said she was going to the theatre with two friends, and one of them received it in change for a half-sovereign at a grocer's over the way—I said, "Where are your friends?"—she said, "They have gone on, but I think I can catch them," and went out towards the Marble Arch—I went after her; I overtook her about a hundred yards off, and said, "Have you found them?"—she said, "No, but I expect I shall"—I walked on with her; she asked what I wanted to see them for—I said it would be necessary for them to come back, for me to ascertain the truth of it being taken at the greengrocer's—she said, "They did not get it at the greengrocer's"—I said, "You said they did"—she said, "No, they gave me that before the half-sovereign was
changed"—we met a policeman; I showed him the half-crown, and to the best of my belief she said she did not know it was bad—I gave her in custody; she gave her name, Minnie Mountbar, 58, Portobello Road—I asked her if her father was landlord of the house—she said, "No, Mr. Ryan. "
ABRAHAM GODSAVE (82 T). Mr. Stiles gave the prisoner into my custody with this half-crown, and told me the charge—she said, "I had that off two of my friends"—I asked her who her friends were—she said, "I don't know them, nor yet where they live. "
THOMAS WEBB (Detective-Sergeant D). On 14th November I arrested Fraser, and took him to Marylebone Station on another charge—I found on him five counterfeit half-crowns wrapped up separately in newspaper—I said, "How did you become possessed of these?"—he said, "I found them at Notting Hill"—on 15th November I saw him in custody outside the Police-court, and said, "That woman that you mentioned to me on the 14th; do you mean to say that is Minnie Mountbar?"—he said, "What is on remand at Marylebone Police-court?"—I said, "Yes"—he said, "She is not guilty; I gave her that half-crown; she is innocent"—on the 18th I conveyed him to West London Police-court, and he was charged with the woman—he said voluntarily, "I did not find it at Notting Hill; I bought the money off a man for 6s. 8d."—he declined to say what man.
SABRINA GROGAN . I am the wife of John Grogan, of 1, William Street, Notting Dale—the prisoners took rooms in a house of ours, 46, William Street, as Mr. and Mrs. Jones, and had been there a fortnight on November 10th, when they were arrested—she said that she worked at a laundry; she paid me the rent, 4s. 6d. a week.
WILLIAM JOHN WEBSTER . I am Inspector of Coin to the Mint—this half-crown is counterfeit, and these five half-crowns also—they are folded up in the usual way among smashers—five represent a quarter load—one of the five is from the same mould as the other.
Fraser's statement before the Magistrate:—"This young woman is innocent of the charge."
Mountbar's Defence. I did not know it was counterfeit.
Fraser's Defence. I gave her the half-crown. This is my first offence. She is innocent.
GUILTY—MOUNTBAR Six Months' Hard Labour.
GUILTY .— Nine Months' Hard Labour on each indictment, to run concurrently.
MR. WILKINSON Prosecuted.
MART LOUISA JENNINGS . I am assistant to Mrs. Phillips, of Strutton Ground, Westminster—on November 1st the prisoner came in for some hairpins, price a halfpenny—she gave me a shilling—I saw that it was bad, and fetched Mrs. Phillips, who tried it and told the prisoner it
was bad—she said she did not think so, and would take it where she got it from, a potato shop—she put down a halfpenny, and said, "Give me the hairpins and I will go"—I followed her.
THOMAS WHITE (72 A R) I took the prisoner to the station on November 1st, but the inspector refused to take the charge, as it was a single uttering—she gave her correct address—I found no potato shop on that side of Strutton Ground—Mrs. Phillips gave me this coin.
CHARLES MADDEN . I am a butcher, of 22, Strutton Ground—on November 15th I saw the prisoner coming towards the shop, and spoke to the cashier—the prisoner was served with 1 1/2 lbs., of pieces, which came to 8 1/2 d., and tendered a florin—the cashier told her it was not good, and passed it to me—she said, "Don't make a fuss about it; take some other money in place of it"—I gave her in custody with the coin.
ROBERT KELLINGTON (40 A R). I took the prisoner—Mr. Madden charged her, and gave me this florin—she said there was a lot in the market, and if she got them she got rid of them—she repeated that at the station, and gave me two good shillings.
The prisoner's statement before the Magistrate:—"I have been in a situation up to six weeks ago. My sister has supplied me with money since. I put down the money without looking at it. Last Wednesday evening I went home with a gentleman, and he gave me some money, which I gave to the butcher. "
The prisoner called
JAMES DOYLE (Detective A) I have made inquiries at the several situations which the prisoner says she has been at—I find she has been in several excellent situations, and has been discharged from the whole of them in consequence of misconduct and drunken habits.
GUILTY—Recommended to mercy by the JURY.— Three Months' Hard Labour.
OLD COURT.—Tuesday, December 13th, 1892.
Before Mr. Recorder.
98. HENRY FELTHAM (23) , to a burglary in the dwelling-house of Adam Grelgud, and stealing three overcoats and other articles; to a previous conviction in February, 1892**.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.]
101. EMMELINE MABEL DUGGAN (21) , to feloniously forging and uttering an order for £18 18s., with intent to defraud, and to a conviction on 3rd February, 1890.— Fifteen Months' Hard Labour [Pleaded guilty: See original trial image.] And
MR. GRIFFITHS Prosecuted, and MESSRS. KEITH FRITH and PIOGOTT Defended.
GUILTY .— Six Months' Hard Labour.
MR. LYNE Prosecuted.
MARY WILKINSON . I am the wife of Frederick Wilkinson, and live in the basement at 8, Rick ford Street, Shepherd's Bush—the prisoner is our landlady's son, and lives in the same house as we do—about eleven p.m. on the 29th October, as soon as I and my husband came in, the prisoner, who was at the top of the stairs, began to use abusive language—my husband told him he was at home, and if he was a man to come down—I went in my room, and my husband was at our door when the prisoner came in without any boots on, with a long dark weapon in his hand, and he struck my husband down, and stunned him for a moment—then he came into my room and started knocking me about the head and face, with his fists, I believe—my husband got up and knocked him down, and hit him, and then let him go, and the prisoner went upstairs—my husband went out to see if he could get a policeman to stop the noise, and I went into the passage, and the prisoner came down and stabbed me in the left breast; I did not see what it was with—he then rushed into my room, and I thought he had gone to my baby, and I went into the area to ask the policeman to make haste—when the policeman came in the place was in darkness, as the prisoner had thrown the lamp, which I had left alight, into the grate—I lost my senses for about five minutes; all I cannot remember is being carried from the street to bed; I remember everything else; I did not fall at all—after I was in bed the doctor came to see me.
By the COURT. The prisoner has quarrelled with me several times because I did not pay the rent; he knew I could not pay it—he said on one occasion that he would ring my neck.
JAMES HILLS (624 T). On the night of 29th October I was on duty in Goldhawk Road, and from information I received I went to 8, Rickford Street—I saw the prisoner in the basement floor front room, standing beside the bed, holding this table knife—the prosecutrix was sitting on the stairs bleeding from a wound in the side—I took the prisoner into custody—he said, "I did it, and I hope the b——will be dead before I get to the station. I will swing for her. I went upstairs and fetched a gun to shoot him" (meaning the husband), "only it would not go off, so I hit him with it"—the prisoner had been drinking.
Cross-examined by the Prisoner. I was not aware you had received any blows—I saw a little stream of blood on your face, and a very small cut over your eye.
FREDERICK SAMUEL WILKINSON . I am Mary Wilkinson's husband—on the night of 29th October I came home with my wife, and we had been indoors a few minutes when the prisoner shouted out. abusive language—I took it he was addressing my wife, as he had abused her before, and she had complained of him—I went into the passage and asked him what was the matter, and to let him know that; I was at home that night, and she was not by herself—he said he would knock my b——head off—I told him to come downstairs and do it—upon that the prisoner came downstairs and knocked me down with a weapon—I found afterwards it was a gun he knocked me down with; at the time I saw it was a long heavy weapon of some description—the staircase was in darkness—when I recovered I found the prisoner in my bedroom holding my wife by the hair of her head with one hand, and hitting her with his other clenched about the face—I knocked him down, and after I had turned him out of my room I went for a constable—when I arrived with one at the top of our steps my wife came out into the area calling on me to make haste—she was fainting—I supported her to the stairs and afterwards into bed—the prisoner had had some drink; I should not like to say he was drunk—I afterwards saw this knife at die station—it is not one of ours, we have none that colour; ours all have black handles.
Cross-examined. I have not been bound over to keep the peace towards you or anyone connected with you—I was bound over, and it expired on the 10th—on October 24th my wife took out a summons against me for threats in a fit of temper, but she did not appear against me—I and my wife were not continually quarrelling between the 19th and 24th—she took out the summons against me because I wrote a letter to your mother on the 10th, telling her of your conduct to my wife—you were constantly abusing and insulting her during the time I was in Yorkshire—a fortnight after the letter I had notice to leave the rooms—I could not go, the injury happened too soon—I did not come upstairs and attack you because you asked us to stop our noise—we had scarcely got into the room—I had not got my coat off, nor my wife her jacket—I am a decorator—I have worked at one place on and off for eight years—I did not live rent free at your house; I have had to pay—I have done more than three months' work in the last twelve months—my wife may be in debt—your mother, our landlady, gave me instructions to pay you nothing—I am respected by all the firms I work for.
WILLIAM MORLEY (Sergeant TR). About twelve p.m. on October 29th I went to 8, Rickford Street—I found the prosecutrix lying on the bed in the front room in the basement, bleeding from a wound under the left breast—I remained till the doctor came—in her thick jacket there is this hole right through it—the prisoner was then in custody.
JAMES BERRY . I am a surgeon, of 117, Goldhawk Road, Shepherd's Bush—on this night I was called to 8, Rickford Street—I saw the prosecutrix lying on the bed with a large oval-shaped lump, measuring six inches at the longest axis, over the temple, marks of blows over the mouth and nose, an incised wound, one inch long, one inch deep, about three inches below the left nipple, bleeding slightly—her face was pale,
her pulse slow, her mind collected; the complained of no pain—the wound below the breast was caused by some sharp instrument—it had bled a great deal before I saw her—I attended the woman afterwards—she was not able to attend the Police-court for about a fortnight—apparently the knife had passed above her stays, which were pulled down, as she was nursing a baby—it would require some force to drive the knife as far as it went.
Cross-examined. I do not think the blows on the face could have been caused when she fell on the stairs.
The prisoner, in his statement before the Magistrate, stated that he called downstairs to the prosecutor and his wife, asking them to make less noise; that Mr. Wilkinson rushed upstairs and attacked him; that in self-defence he took up the gun; that two gears ago he had had concussion of the brain, and since then he had suffered from his head, and that after being struck on the head he had no recollection of what happened.
The prisoner called
HENRY COOK . The prisoner is my brother-in-law—he met with a severe accident by falling down stone steps a few years ago, and I think it affected his head to a certain extent, and caused concussion of the brain, and since that time he has been rather strange, and has attempted to commit suicide.
The prisoner, in his defence, said that he had no malicious intention against the woman, and repeated what he had said in his statement.
GUILTY of unlawful wounding.
NEW COURT.—Tuesday, December 13th, 1892.
Before Mr. Common Serjeant.
MR. C.F. GILL Prosecuted. JOSEPH BIRNIE LOW. I am a clerk at the Clydesdale Bank, 30, Lombard Street—on November 3rd, about three p.m., I went into the basement to hang up an overcoat, and change my coat—this handkerchief was in my overcoat; it was marked with my name, "Jos. B. Low 11"; I have not the slightest doubt that it is mine; I have one here exactly like it; it was one of a set—I went down to the basement again about 4.30 or 4.45; I missed my overcoat and handkerchief.
WILLIAM JOHN COOPER . I am a messenger at the Clydesdale Bank—on 3rd November, at three or 3.30 p.m., I saw the prisoner leaning against the front of the door leading to the basement—he was there quite ten minutes—I did not see him do any business.
BAXTER HUNT (City Police Inspector). On 19th November, about midday, I was called into Messrs. Glyn, Mills and Co. 's Bank, Lombard Street, and found the prisoner detained in a private room—Mr. Harvey said, "This man has been in our house three times this morning, twice on the second floor and once on the ground floor, at the top of the steps leading to the basement"; he turned to the prisoner and said, "Now tell the inspector what you have told me"—he said, "I met a Mr.
Williamson in Liverpool Street this morning, outside the hotel. He said, 'You are doing nothing now; will you go to the bank for some bills for me?'"—Mr. Harvey handed me a piece of paper with Williamson's name and "136, Liverpool Street" on it—I said, "Have you been to Mr. Williamson's office?"—he said, "No"—I said, "Do you know that he has offices there?"—he said, "No, I met him outside the hotel"—I asked him where he was employed; he said, "By Captain Tarn, of Queen's Lodge, Finsbury Park—I could not find it, but I found Queen Anne Lodge—there is no such number as 136, Liverpool Street—he gave another address there at a coffee-shop, but said they would not know him, as he travelled in the daytime—he was charged with stealing a coat and handkerchief from the Clydesdale Bank—I found this handkerchief on him, which Mr. Low identified—he said, "The handkerchief is mine; I never stole any coat"—he was committed for trial.
Prisoner's Defence: I never stole anything. I exchanged this handkerchief for another with a young fellow who came out of the bank.
He then PLEADED GUILTY to a conviction of a like offence on 25th April, 1887, in the name of Ryland, when he was sentenced to five years' penal servitude. Nine other convictions were proved against him .—Three Years' Penal Servitude.
MR. SANDS Prosecuted.
PELHAM CHARLES MAITLAND . I am a chemist, of 136, Great Portland Street—on November 10th, about six p.m., I served Kenny with a threepenny box of pills—she paid with a bad florin, but I did not find it out till she had left—I went out, but could not find her—I gave the florin to a constable—this is it and this is the pill-box; it bears my name.
Cross-examined by Kenny. I saw you next in the dock at the Policecourt, and identified you.
GEORGE WILLIAM BENSON . I am a chemist, of 167, Portland Street—on 10th November, about four p.m., a woman, who I believe to be Kenny, bought, a penny box of pills, tendered a florin in payment, and received 1s. 11d. change—immediately she left I found it was bad, and gave it to the police—this is the pill-box, it has my name on it—I saw Kenny in the dock at Marylebone Police-court, and formed the belief that she was the woman.
JOSEPH EDWARD CURTIS . I manage a dairy at 25, George Street, Portman Square, about a quarter of a mile from Great Portland Street—on November 10th, about six p.m., I served Kenny with a glass of milk—she paid with a florin—I broke it, and said, "This is a bad two-shilling piece; where did you get it from?"—she said, "From a gentleman friend of mine"—I broke another piece off it—she asked me to give it back to her—I refused—she said, "Give me a piece of it back, or else I shall be the loser of it"—I said, "No"—she tendered a good half-crown, which I refused to change, and told her to give me a penny, which she did—I told her if she fetched a constable I would give her the florin back—she left, and I went out at the side door, crossed the road into the shade so that she could not see me, and I saw Harris cross over towards her; he followed her to the corner of Goodge Street, where they stopped and spoke, and then went along Baker Street towards
Portman Square—I saw a constable at the corner of the square; he followed them with me to New Quebec Street, where they separated—the constable followed Kenny—Hams, seeing that, went in that direction also—the constable arrested him, and I detained Kenny—I gave the piece of the florin to the police.
GEORGE HOLDEN (202 D). On 10th November, soon after six p.m., Curtis spoke to me near Portman Square, and I saw the prisoners walking along Portman Square towards Upper Berkeley Street together—I followed them about 200 yards" to the corner of New Quebec Street; they parted, and Kenny went along New Quebec Street—as I neared her, Harris saw me, and walked after her—I was in uniform—I walked across the road to them, and was going to catch hold of Harris—he said, "No you don't," gave a spring, and ran away—my brother stopped him, and I took him in custody—he struggled very violently—I called to a man to detain Kenny and see that she did not throw her purse away—Harris said, "I have not got the woman's purse"—I found these two boxes of pills on Harris, several other small articles, and 17s. 6d. in good silver and 1s. 5 1/2 d. in bronze—when I was struggling with Harris I heard the jingling of money—I afterwards went back to the shop and found these two bad florins—I received a broken florin from Curtis, one from Benson, and one from Maitland.
Cross-examined by Kenny. I did not see you strike Harris with your umbrella.
SAMUEL HOLDEN . I am a porter,—and a brother of the last witness—I stopped to have a word with him on November 10th—the prosecutor came up and said something, and my brother instructed me to keep observation on the prisoners—I followed them through several streets, and saw them part and afterwards join each other again—the constable went to them—they ran away—I caught Harris, he struggled violently, and I went to Kenny.
Cross-examined by Kenny. I did not see you strike Harris with your umbrella.
Cross-examined by Harris. You walked through two streets with Kenny.
Kenny produced a written defence, stating that she was an unfortunate woman, and received the money from a gentleman; that she accosted Harris, who pushed her away, and she struck him with her umbrella; she denied buying the pills, and complained that she was not placed with other women to be identified. Harris stated that he only walked about fifteen yards with Kenny, that she struck him with her umbrella, and that lie picked up the pillboxes a few minutes previous to meeting her.
— GUILTY .
MR. SANDS then proposed to try Harris on an indictment for a felonious uttering, but the COMMON SERJEANT refused to allow this, as Harris had already been tried on the same facts. HARRIS— Two Years' Hard Labour. KENNY— Ten Months' Hard Labour.
HAMILTON PLEADED GUILTY .
MR. SANDS Prosecuted, and MR. BLACKWELL Defended.
JOHN MCDARRELL (Detective O). On November 21st, about 9.30 p.m. I was with Sergeant Boulter in Goodge Street, and saw the two prisoners examining something like silver—Hickman rubbed a coin between his fingers and banded it to Hamilton—they walked together to Wigmore Street, where I stopped them, and said, "You answer the descriptions of two men wanted for uttering counterfeit money"—Hamilton said, "I never uttered counterfeit money in my life"—they were taken to the station, and on Hamilton I found seven counterfeit half-crowns, one counterfeit florin, and 4s. 6d. in good money—I said, "How did you come into possession of these counterfeit coins?"—he said, "I met a woman in Goodge Street, and gave her 3s. 4 1/2 d. for the load"—a, load is twenty—I have frequently seen them together before in Lisson Grove and Tottenham Court Road.
Cross-examined. I did not say at the Police-court that I saw Hamilton pass more than one coin to Hickman—Hamilton gave his address at his mother's, at No. 9; I went there, and she said he lived at No. 7; that is what I mean by his giving a false address—his mother did not tell me that he was living with her—the prisoners have done no work for a considerable time—Hamilton was working for the Marylebone Vestry three months ago—they are labourers, I believe—Hickman was a porter to Mr. George, a grocer, up to last April—there was no third man—I do not know Bill Stephens.
Re-examined. I have found out that they both live in one house, 7, Little Church Street, Lisson Grove, one in a front room and one in a back; and there are two women there—Hickman did not mention the name of Mr. Smith.
WILLIAM BOULTER (Detective Sergeant O). I was with McDarrell and saw the prisoners standing together at the corner of Goodge Street—Hamilton had something in his left hand, looking at it—he handed-Hickman what appeared to be a coin;, he rubbed his finger over it—they went into Wigmore Street, where I arrested Hickman, and told him he answered the description of a man charged with passing counterfeit coin—he said, "Not me, governor, the other man"—I took him to the station—he made no reply to the charge—I found four good shillings on him.
Cross-examined. I have not got the description which he answered, but it was a young man about twenty-four or twenty-five, with a long coat—I have seen the prisoners together twice, I think.
HICKMAN— NOT GUILTY .
HAMILTON— Four Months' Hard Labour.
MR. PARTRIDGE Prosecuted.
lived there till the prisoner's arrest on November 24th at the house—I pointed out their room to the police.
WILLIAM SMITH (Police Sergeant H).—On November 23rd I went to 6, Church Street, Soho—I knew the room the prisoner occupied, and found these articles there—this appears to be a broken mould—this spoon has been used to melt metal—here is copper wire, a silver spoon, a knife, some metal, and a piece of glass, which are things used by coiners.
—GLENNESTER (Detective Sergeant H). On 24th November, early in the morning, I went with Smith and Bowden to 6, Church Street, Soho—I waited in the passage with Bowden, and the prisoner came in about 2.45 a.m.—when he saw me he tried to make a bolt out, but Bowden stopped him and said, "We are police officers, we shall detain you on suspicion of having counterfeit coin in your possession"—there was no light—he said, "Is that you, Sergeant Glennester?"—I said, "Yes"—he said, "Can I speak to you?"—I said, "Yes"—he said, "It is all right, I am working for the police—you know Alf Nicholls, the detective?"—I said, "Yes"—he said, "If you will send for him everything will be cleared up"—he asked to go upstairs to the w. c.—I refused—Bowden held him while I searched him—I said "Turn up the rough"—he produced three packets of bad half-crowns from his left trousers pocket, each containing ten—he said, "That is all I have got, three half loads"—they were separately wrapped in tissue paper—he put his fingers in his waistcoat pocket and said, "Oh, I forgot, I have got another," and took out another half-crown, making thirty-one—I took him to the station and charged him—he said he would reserve his defence till morning.
WILLIAM JOHN WEBSTER . I am inspector of coin at H. M. Mint—these are thirty counterfeit half-crowns from different moulds—this one from the prisoner's pocket is from the same mould as one of the others—these things (produced) are part of a coiner's stock in trade—this is plumbago in the form in which it is found in the mines, but it can be melted and mixed with pewter—this glass is used for making moulds on—this is molten metal on this spoon.
Cross-examined. I am not prepared to say that plumbago in this form would melt.
Witnesses for the defence, CATHERINE O'BRIEN. I live at Theobald's Road—the prisoner is my son—on November 27th or 28th he told me he was going to furnish a room, and I gave him 5s.—I have given him money and food from time to time since then—my husband is a warehouseman—the prisoner told his sister on Wednesday that he had made an appointment to meet a man.
Cross-examined. He wanted his sister to go to the police, but she would, not go.
ALFRED NICHOLLS (Police-Sergeant). I saw the prisoner on November 8th, and he told me he knew where the agent of a counterfeit coin manufacturer was in the habit of meeting the utterers, and in all probability there would be a meeting on a certain evening, and a large quantity of counterfeit coin would be there—I saw him on the evening of the 10th,
and he told me that the meet was all off, and it he got further information he would let me know—I have known him six months, and he has given valuable information to the police—only two sessions ago he gave information which led to the recovery of £200 worth of property—that was not in connection with coining—there was a conviction and an order for restitution—it was tried before the Recorder—the prisoner came to me six months ago and gave me very valuable information, and the Commissioners of Police gave him £2 reward.
Cross-examined. I saw him on November 19th, when he signed the receipt for £2—he said nothing about a fresh meeting when I saw him on the 10th—I cautioned him to run no risk, or he might get himself into trouble.
By the COURT. Supposing he was acting with some other men and had given information of the source from which he obtained the coins, and had given them up to me, I should not have objected—I should have taken possession of them and reported the matter to the Commissioners of Police—I have not the slightest doubt that he was doing his best to arrest the makers of the coin—he is a policeman's nose, and I used him to obtain information—there are so many cases of uttering that we wanted to get the makers.
The prisoner in his defence, stated that he acted thoroughout under Sergeant Nicholas direction.
NOT GUILTY .
PLEADED GUILTY .
MR. WARBURTON Prosecuted.
EDWARD FBANCIS DAVIDGE . I am a seaman, and live at 25, Hach Road, Tidal Basin—on 25th November, about eleven or 11.15 p.m., I met the prisoner Michael in Victoria Dock Road; he asked me for the price of a pot of beer—not knowing him I refused—there were three or four men with him—I walked away and they all four followed me, and the prisoner Michael struck me behind my ear with his fist, knocking me to the ground, and at the same time he snatched my watch and Albert—while I was on the ground, they took 28s. in silver from me—I was almost senseless—they all ran away, leaving me on the ground—I could not see who the other men were—this is my watch; my initials are on it—I got up and went home as quick as I could, and went to the station on Saturday evening, and on Monday evening I identified Michael at the station from about six others—he said, "I am not the man. "
SABINA SMITH . I am the wife of William Smith, of 11, Randall Road—on 28th November, Michael Kennedy asked me if I would go for a message for him—I said "Yes"—he asked me to take this watch to pledge—I took it to Mr. Morris, the pawnbroker, and left it there, but did not get the money.
CHARLES NEED (493 K). I am stationed at Camden Town—on 28th November, about 3.30 p. m, I was called to Mr. Morris's shop, and he handed me this watch—in consequence of a communication from Smith I went to Tidal Road, and saw the prisoner Michael—he said, "What is the matter, governor?"—I said, "Do you know Mrs. Smith?"—he said,
"Yes"—I said, "Will you come to the station with me?"—he said, "Yes; I know what it is about; it is about a watch I bought at Raffle's. Music-hall for 15s.; I paid him 10s., and I was to give him the other 5s. on Monday"—he was placed with five or six others, and Davidge identified him—he then said, "If you get my brother Mathew you will have the right man; he brought the watch to me to get rid of. "
Witnesses for the Defence, WILLIAM SMITH. I am a dock labourer, of 11, Randall Road, Canning Town—on Friday, 25th November, about 8.45, I went to Mr. Kennedy's house, who lives next door to me—he was not well, and his wife was making him some arrowroot and milk—I remained there till ten o'clock, or a few minutes after, and went away, leaving my wife behind.
Cross-examined. You could not get into Victoria Dock Road from Randall Road in five minutes—I saw the prisoner on the Thursday at the Custom House—I did not see him the following Saturday; I cannot say about Sunday—on Monday, 28th November, I heard he was locked up—I had seen Mathew—I often go and sit with him, but I am sure it was Friday.
ANN WOOLRIDGE . My husband is a dock labourer—we live at 13, Manor Road, in the prisoner's house—I answered the door at 10.45; my husband came in, and Mr. Kennedy called out from his bedroom, "Bolt the door, please"—I knew his voice—I know it was a quarter to eleven, because I looked at the time; my husband was on the night shift—the prisoner had been poorly a fortnight, and did not go out at night.
Cross-examined. He had been at work everyday, and on the Friday and Saturday—I live in the upper part, and they on the ground; there are only two storeys—I have known him a long time, being neighbours.
MATHEW KENNEDY . (The prisoner.) I am a dock labourer, of 13, Elmsley Street, Canning Town—I have pleaded guilty to robbing the prosecutor—I never used any violence—on November 26th I went to my brother's house, showed him this watch, and asked if he would buy it, as I owed him a few shillings—he said, "Who does it belong to?"—I said, "To a man I am working with on the P. and O. boat Zephyr"—he was in bed—he said he would get up and go with me and see the man—we went to the top of Victoria Park Road to a musichall, and saw Ryan, who was implicated with me in the robbery—Ryan said, "Have you sold my watch?"—I said, "I have not, but perhaps my brother will buy it"—Ryan told my brother that his mother was ill at home, and he wanted the money badly, and my brother, little thinking the watch had been stolen, bought it for 15s., but it was worth more than that—my brother is perfectly innocent of stealing it, he was not with me at the time—I never set upon the man in the street, but I was there—I wanted 25s. for it, and said, "You owe me some money, I will let you have it for 15s., and that will square it. "
By the COURT. I did not take the watch to a pawnbrokers because it was too late, and this man wanted the money—we robbed the man on
Friday, but when I took it to my brother I did not think of getting him into trouble.
Michael Kennedy, in his statement before the Magistrate and in hit defence, said that he was not well on the Friday night, and was in bed from seven p.m. till seven next morning, and that as his brother owed him some money he let him have the watch for 15s., promising to make up the difference to Ryan, and that he had worked hard for his living for sixteen years, and had a wife and four children.
NOT GUILTY .
MATHEW KENNED— Eighteen Months' Hard Labour.
OLD COURT.—Wednesday, December 14th, 1892.
Before Mr. Recorder.
111. GWYNETH MAUD PLEADED GUILTY to unlawfully obtaining by false pretences a silver salver of Charles Spink and Sons; also to stealing a sealskin jacket and other goods of the Oration Fur Company, Limited.— Three Months' Hard Labour. It was stated that the prisoner in what she done had acted under the influence and instructions of her mother, who had since committed suicide. The Lady Superior of St. John's Home, Fulham, undertook to receive the prisoner at the expiration of her sentence.
He received a good character.— Six Months Hard Labour. [Pleaded guilty: See original trial image.]
113. JOHN EDWARD ATKINS (34) , to feloniously forging and uttering various orders for the payment of sums of money, and to stealing the said sums; also to obtaining money by false pretences.— Nine Months' Hard Labour. [Pleaded guilty: See original trial image.]
MR. PARTRIDGE Prosecuted.
ALFRED ALLWOOD . I am a stationer, and live at 13, Francis Street, Tottenham Court Road—on Tuesday, 1st November, Clark came in and asked for a paper, which was a penny—he tendered a half-crown in payment—I examined it,. and told him it was bad—he picked it up and left in a hurry—J made a communication to the police—a week afterwards I saw Clark at the Police-station in Tottenham Court Road; he was with others—I picked him out—I have no doubt he is the man—I recognise him by his features.
ROSE GREENWAY . I am assistant to Mrs. Baynes, a confectioner, 83, Tottenham Court Road—Mr. Gardiner is the manager—on Thursday, 3rd November, a woman came in, but I could not recognise he; my counter was too high for me to see her properly—she asked for two ounces of cough lozenges, and gave me a half-crown.
WILLIAM GARDINER . I am collector for Mrs. Baynes—on 3rd November I saw Williams in the shop, and saw Miss Greenway serve her with two ounces of aniseed tablets, which came to 4d.—I saw her give Miss Greenway a half-crown—she had not change in her till, and handed the coin to me, and I gave her a shilling, two sixpences, and halfpence—after the woman had left I discovered that the half-crown was bad—I went in search of her, but could not see her.
Cross-examined by William. I identify you by your dress and your hat—I passed you twice, and stood at the counter all the time you were there, and a had a full view of you—I afterwards saw you at the station with others, and picked you out—I am sure you are the woman.
CATHERINE YOUNG . I am a widow, of 49, Newman Street, Oxford Street, and am a hosier—on 18th November Clark came for a pair of 4 1/2 d. socks—he gave me a two-shilling piece—I saw it was not good, and said, "Have you any more money?"—he said, "I. have just taken it from my governor, if you will give it me back"—I said, "I never give back bad money"—I broke the coin and put it in a box, and afterwards gave it to a constable—I afterwards saw Clark at the station among several others, and picked him out at once—when he went out I went to the door and saw him join a man in a Drown coat; I could not tell him—I was alone.
CHRISTINA KING . I am a widow, and am manageress at a bakery of 85, Charlotte Street, Fitzroy Square—on Wednesday, 16th November, Clark came in for scones, price sixpence—he tendered me in payment this two-shilling piece—I told him it was a bad one—he said, "Is it?"—I said, "Yes, I will show you"—I broke a piece out of it, and asked where he got it from—he said he took it off his oyster barrel—I saw him again about three weeks afterwards among others, and identified him—I have no doubt he is the man.
KATE LAKER . I am assistant to Mr. Woodhouse, draper, 16, Goodge Street—on 11th November I saw Williams in the shop—I served her with a pair of stockings at 6d.—she tendered in payment a twoshilling piece—I tested it, it was bad—I told her so—she said, "Oh, is it? I received it from the pawnbrokers, Gills', in Hampstead Road—she showed me a pawn-ticket, only showing me the name and date—I next saw her at this Court on Monday morning and identified her.
SUSAN GODLING . I am assistant at 15, Goodge Street—on 11th November I saw Williams in the shop, and saw her give a bad coin to Laker, and I saw the pawn-ticket with the name of Gills on it and the number 15—I saw the prisoner again on Monday morning here and identified her.
MARY ANN FITCH . I am the wife of Thomas Fitch, a pork butcher, of 11, Pancras Street, Tottenham Court Road—on Friday, 18th November, Bazzolottia came in for a quarter of a pound of German sausage, which came to 1 1/2 d.—he gave me a half-crown in payment—I gave him 2s. 4 1/2 d. change, and he left—I put the half-crown on my parlour table—I afterwards examined it, and found it was bad—I threw it away—I afterwards saw Bazzolottia at Marlborough Street among others, and picked him out; I have no doubt he is the man.
Cross-examined by Bazzolottia. You were dressed exactly as you are now, but at the Police-court you were dressed differently.
at 10, Tottenham Court Road—on Friday, 18th November, Clark came for one pennyworth of cachous—I served him—he tendered a half-crown; I told him it was bad—he said he would have to take it back to the place he got it from—I said, "Yes, you had better, or the police will have you put somewhere"—I afterwards saw him at the station among other men, and at once identified him.
JOSEPH GEORGE HALCOMB . I am a musician, of 143, Berners Street—on Monday, 21st November, between half-past three and a quarter to four, Clark came for a set of guitar strings; he selected some at eighteen pence, and tendered a half-crown—I put it in the tester, and found it was bad—I said, "Are you aware it is bad?"—he said, "No"—I said, "Where did you get it from?"—he said, "A public-house in Goodge Street; I will go and get it rectified"—he went out, but instead of going to Goodge Street he went towards Castle Street, and spoke to the prisoner Williams—I had seen Clark previously, on the night of 29th October, outside a chemist's shop, with a female whom I don't know—I only saw Williams on one occasion—I afterwards saw the prisoners at the police-station among others, and identified them.
ALFRED HUTTON JEREMY BELL , of, 4 High Street, Bloomsbury. proved the illness of Alfred Maker, whose deposition teas read as follows:—"I keep a music-shop in Westfield Street. Clark came in about four p.m. yesterday, and asked for a mouth-organ. He tendered a florin, and I gave him change; he was leaving when the constable came in and stopped him. I took the florin from my pocket and examined it; it appeared to me to be good. Clark was alone. I handed the florin to the constable Seymour. "
JOHN SEYMOUR (Sergeant D). I have seen the prisoners together about the streets for the last nine weeks, and have kept observation upon them—I saw all three together about the beginning of October in the evening; again on Lord Mayor's Day—I have seen Clark go into shops, and join the others when he came out—I saw them together on Tuesday afternoon, 22nd November, with another woman—Clark noticed me, and they separated, and afterwards I saw them outside Mr. Blaker's shop—Clark went in, the others remained outside—as Clark came out I stopped him, and said, "What are you doing here, your movements have been very suspicious; what coin has he handed to you, Mr. Blaker?"—he said, "A two-shilling piece"—I said, "Is it good?"—he said, "I think it is"—I found it was counterfeit—Clark said, "What are you looking at, it is a good one?"—I said, "Is it, have you got any more?"—he said, "I took it on Saturday night, and I tried to pass it here"—I arrested him, and handed him over to Cole—I have the two-shilling piece—I got it from Mr. Blaker, and marked it—on leaving the shop I saw Williams and Bazzolottia creeping from the end of Colville Place—I got the assistance of an officer and gave chase to them—they ran away—I caught Williams—I told her the charge—she said, "I have got no money on me, only fourpence; I have been out to buy some tea"—I found some tea on her—I took her to the station—Clark was brought in—I found on him eighteen pence in silver and a halfpenny in bronze, and a pawnticket with Gills' name on it—they both gave false names and. addresses.
Street, in plain clothes—in consequence of a communication from Seymour I went in Tottenham Court Road, and saw Bazzolottia in company with two females outside Mr. Blaker's shop—on seeing me they ran away towards Colville Place, where I lost them—I afterwards saw them again about thirty yards from Mr. Blaker's shop—on seeing me Bazzolottia ran away into Windmill Street—as he ran he said, "God blind me, if you want me you will have to run for it"—he did run very fast through a lot of streets, and I did not catch him—I am sure he is the man—he was after wards charged with being concerned, with a man and woman in custody, for passing counterfeit coin—he made no reply.
JOHN MCDOWELL (Detective D). On Thursday morning, 26th November, I saw Bazzolottia in Shaftesbury Avenue—I told him the charge—he said he knew nothing at all about it—I don't know them—I received this half-crown from Mr. Gardiner on 3rd November.
The prisoners' statements before the Magistrate: Clark, "I deny all the charges, and can prove I was at work till Saturday week." Williams "I deny the charge." Bazzalottia, "I don't know the other prisoners. "
Witness for Williams. ELLEN WILLIAMS. I am the prisoner's mother—I am an enameller—on 11th November she was at home in bed, and from the Thursday evening till the Saturday evening—on 3rd November she was minding my children while I was at work—I went out at two, and when I came home at seven she was still there. ALL GUILTY .
The JURY recommended Williams to mercy.
CLARK— Twelve Months' Hard Labour. BAZZALOTTIA— Ten Months Hard Labour. WILLIAMS— Six Months' Hard Labour.
MR. PARTRIDGE Prosecuted.
LYDIA MAUD LUKE . I am now living at the Tavistock Hotel, Covent Garden—in October last I was barmaid at the Provence Hotel, Leicester Square—on Tuesday night, 4th October, about half-past eleven, the prisoner came in with another woman, and asked for two small lemons, and gave me a half-crown—I felt it, and handed it to the governor, and he spoke to the prisoner—a constable was sent for, and she was given into custody.
CHARLES TOMKINS . I keep the Provence Hotel, Leicester Square—on the night of 4th October Miss Luke produced a coin to me; it was bad—I had seen the prisoner hand it to the barmaid—I asked her where she got it from—she said it was given to her by a gentleman—I sent for a constable, and gave her in charge, but the Treasury declined to take up the case.
WILLIAM PULLER . I am a draper, of 22, Church Street, Kensington—on 26th November the prisoner came in between six and seven in the evening to buy an apron—my assistant supplied her with it—this is it; it came to 3 1/2 d.—she tendered a half-crown—I gave her 2s. 2 1/2 d. change, and put the half-crown in the till—there were three half-crowns already there—later on Miss Barnes, whom I knew as a customer, came in for change of a sovereign, and I gave her two half-crowns, a two-shilling
piece, and a shilling—I keep the large coins in one bowl and the small silver another—I closed at six that evening—when I cleared the till there were three half-crowns—I had not passed away any half-crowns except to Miss Barnes.
LOUISA BARNES . I live at 8, Inverness Gardens—on 26th November I went to Mr. Puller's shop, made some small purchases, and changed a sovereign—I had one half-crown and 8s. 6d. change—Detective Ham called at my house in the evening—I had not made any purchase between the time I left Mr. Puller's and the detective coming, which was in about ten minutes—I had not opened my purse—this coin came from my purse.
ALICE JANE PEAT . I am book-keeper to Mr. Blott, a butcher, of 6, Church Street, Kensington—on Saturday evening, 26th November, between half-past six and seven, the prisoner tendered me a counterfeit half-crown in payment of a chop, price 6d., I immediately marked it as not good, and passed it to my fellow book-keeper—I said to her, "Shall I break it?"—the prisoner said, "Yes"—my employer opened the window behind us and said, "Where does she come from?"—she immediately said, "53, Kensington Square; I am in service there"—someone in the shop said, "There is no such number"—we referred to the directory, and said, "What is your mistress's name?"—she said, "Mrs. Wallis"—there was no such name or address—my master said, "I will take your place if you will go with her to her mistress"—I did so; the prisoner and I went out and she went in a wrong direction—I said, "This is not the way to Kensington Square"—after going a little further she said, "Miss, I will tell you the truth; I took this money last night from men; how could I tell the gentleman that? Don't lock me up; I am very sorry, I will try and live a respectable life—I said, "I am very sorry, but it is not. in my hands; you must come back with me"—she did so and was given in charge—this is the half-crown.
HENRY HAM (Detective F). I went to the shop and saw the prisoner there—I told her I should take her into custody for passing a counterfeit half-crown—she made no reply—I took her to the station—she was wearing this apron, which Miss Puller subsequently identified—she refused to give any account of where she bought the apron.
Prisoner's defence. I did not know they were bad—they were given to me by a gentleman in Piccadilly.
NOT GUILTY .
OLD COURT.—Thursday, December 15th, 1892.
Before Mr. Recorder.
MR. FARRANT Prosecuted.
FREDERICK THOMAS VILVEN . I am a commission agent, of 52, Peter Street, Islington—on 22nd November, about a quarter to one, I was in Rosemary Avenue, Clerkenwell, walking along quietly—all at once I was set upon from behind by four men—one seized me by the throat and pulled me back; I had a struggle—they got me up against the wall; I sang out "Police!"—then the prisoner got in front of me, and got his hand into my left trousers pocket, and took what he could find there, 4s. 9d.—I had another struggle, for in another pocket I had some gold which did not belong to me—one of the party behind said, "Put so and-so (I could not understand what) down his throat"—then they made off; I think they were disturbed—I went after them as well as I could—I met a constable, and he went after them and brought back the prisoner, and asked if I recognised him—I said "Yes, he is the man. "
WILLIAM WEBB (294 G). On the morning of December 2nd I was on duty in St. John Street Road, Clerkenwell—I saw the prosecutor there—he made a statement to me—I saw four men running; toe prisoner was one of them—I blew my whistle and gave chase—the prisoner was stopped by a private individual; I saw him stopped—I brought him back to the prosecutor, and he identified him—I searched him and charged him—he made no remark when I caught hold of him—he said he was going to meet his pal at the Angel, and after that he was going to Hoxton—this was about four or five hundred yards from the Angel—the prisoner never got out of my sight till he was arrested.
Cross-examined by the prisoner. I don't know whether the persons who stopped you are here.
Witnesses for the defence.
AMY DUKE . The prisoner is my brother—on the night he was taken for this robbery he came home at a quarter to nine, at 14, Stacey Street,. Charing Gross, and from there he went down to my young man's shop—I did not go with him—he stopped there till my young man shut up—at half-past ten he came back and met his young woman, and we all four went for a walk, and about ten minutes to eleven we went into a public-house, and stopped there till half-past—we came out, and as we were going home we went into another public-house, and then we wished his young woman good-night, and went on with him—he said he had no money to ride, and I said I would pay his fare—he said he had better walk home, and I left him near Bedford Row, and I and my young man went home—it was half-past twelve when we left him.
FREDERICK RICE . On the night of the robbery the prisoner came to my shop where I work at a quarter-past nine, and stopped till half-past ten—we met his sister and his young woman, and went for a walk—we went into a public-house, and came out at half-past eleven—we then went into another public-house, and then he bid his young woman good-night—we saw him a little way on his way home, and left him near Bedford Row about half-past twelve.
The prisoner, in his defence, protested his innocence and stated that on carting with his sister he walked on, and hearing shouts two gentlemen stopped him, and the constable coming up took him into custody, and the prosecutor, who
seemed in liquor, identified him as one of the men who had robbed him, but that no money teas found on him.
—He then PLEADED GUILTY to a previous conviction at this Court in March, 1889, and other convictions were proved against him.— Three Years' Penal Servitude.
MR. BLACKWELL Prosecuted. ANNIE GRIFFITHS. I live at 75, Seymour Place, Marylebone—the prisoner is my husband—he is á groom—on 7th November he came home about half-past two—he went upstairs before me—he took a knife from the table—we met at the top of the stairs—he caught me by the hair of my head and said, "I will do for you now," and he attempted to cut my throat, but it cut my ear, and all my fingers were cut—he pulled me on the floor—I screamed, and the woman upstairs went out and fetched two young men—the prisoner was sober at the time; he had been drinking heavily for a fortnight—I never heard of his attempting to take his own life.
Cross-examined by the prisoner. You came in to dinner at twelve, and then went back to your work, and came back about half-past two—I did not put any poison in your tea—you had no tea; you had your tea at your work—you aid not complain to me about being poisoned—I did no work to earn my living, you kept me—I have two children, one four months old, and a boy about six.
TIMOTHY JOHN HEAD . I am a registered medical practitioner, of 15, John Street, Edgware Road—on 7th November, about three in the afternoon, I was called to Molyneux Street Police-station, and there saw Mrs. Griffiths—she had a cut through the cartilage of the left ear, a skin wound on the right side of the lower jaw, and cuts on both thumbs, and all the fingers, with the exception of the left little finger—they were not serious—the wounds were made by some sharp instrument like this knife; it is an ordinary table-knife—there was a considerable loss of blood—the fingers were cut down to the bone.
WILLIAM KARSLAKE (141 D). On 7th November, about a quarter to two, I was on duty in Seymour Place—I was called to 75, and saw the prisoner there, and this knife lying on the floor beside the prisoner—it had blood on it—the prisoner said, "I am very glad you are come, policeman; I will go to the station quietly"—on the way to the station he said, "You have come too soon; I meant to have done for her; the b——blade would not cut at the point; and also at the station he said he meant to have done for her—he also said she had attempted to poison him by putting arsenic in his tea that morning; also that she had drawn a considerable sum of money from a bank in Westminster, leaving a balance there of £250,000—I produce a letter—it was sent to Scotland Yard, and then sent on to the station (This letter purported to come from Lieutenant Tzarch, of the Dragoon Guards)—I was not present when that letter was received.
FREDERICK JOHN DANIEL . I am a plumber, of 27, Brown Street, Edgware Road—on 7th November I was at 75, Seymour Place—I heard screams, and went to that house—the prisoner had the prosecutrix down on the floor and was using this knife to her—he was on the top of her, kneeling on her, trying to put this knife into her neck—I and Mr. Williams took him off—he had got hold of her by the left hand, and with his right he was trying to put the knife into her throat.
HENRY WILLIAMS . I live at 50, Lynton Street, Edgware Road—on 7th November I was called by Daniel to 75, Seymour Place—I went into the room and saw the prisoner on the top of his wife, hacking her with this knife—I pulled him off and held him till the constable came.
PHILIP FRANCIS GILBERT . I am medical officer of Holloway Prison—I have had the prisoner under my observation since he has been there—when he arrived he was restless, excited, and noisy, saying that he had been annoyed by his wife, that he had been left a. million of money, that his wife had attempted to poison him with croton oil—he had a number of delusions; that there were men outside calling him foul names, and many delusions—he was quite insane—he continued in that state for about a month, when he got better—he has nearly recovered, but is not quite well yet—he still has some lingering ideas about his wife poisoning him—he is not safe to be at large—I have seen this letter—I do not think that at the time I saw him he was not capable of knowing the difference between right and wrong—in my opinion he was quite insane, and had been for some time, I think.
The prisoners statement before the Magistrate: "I was mad that day from the poison my wife gave me in the morning; the arsenic was in brown sugar. "
The prisoner handed in a paper dating that when he went home he found no tea ready; that he took up the knife to cut some bread-and-butter; that she made a rush to get it out of his hand, and in the struggle they both fell, and so the injuries were caused.
GUILTY of the act, being insane at the time. To be detained until Her Majesty's pleasure be known.
MR. W.J. ABRAM Prosecuted.
CHARLES TUKE (Policeman 866). On Saturday, 26th November, about ten o'clock, I was in King William Street, and heard a smashing of glass—I went into Gracechurch Street, and saw the prisoner with his arms in the window of Mr. Bull's shop—the window was broken and his arms were through it—the shop was shut up—there was an iron railing in front of the window—I said, "Hallo, what are you doing here?"—he said, "I done this with my foot"—I saw him take a pair of boots out, and he tried to put them on—I took him to the station and charged him—he made no statement—he was sober when I came up to him—he said, "I would have had two or three more pairs if you had not come up. "
STEPHEN BULL . I am a boot and shoe maker, of 88, Gracechurch Street—I shut up my shop on Saturday and went away—I returned on Sunday morning on receiving a telegram, and found my window smashed and damage done to the value of £15.
vation since he has been in prison, about ten days or a fortnight—he is a very low type of man, but sane—his conduct at first was rather rough—he broke things—I had him removed to the observation ward, where he was kept in association with others—he behaved well for a time and I sent him back into the prison—he became insubordinate and was put in the punishment cell twenty-four hours—he then became perfectly quiet, and then he was sent here.
GUILTY .— Three Months' Hard Labour ,
MOON PLEADED GUILTY .
MR. KNOX Prosecuted. WILLIAM BENISON. I am manager to Mr. Rose, proprietor of the Jamaica Arms, City—on 24th November, about half-past six or a quarter to seven, the two prisoners entered the bar—I had occasion to watch the movements of the frequenters of the tavern—the prisoners were under my observation until twenty minutes to eight—I took out some coppers from the till and pretended to be counting them—I heard a slight noise, looked up, and saw Wright observing me, and Moon had a case of champagne on his shoulder—I called for assistance, jumped over the counter, and pursued Moon—he had the case in his arms; he dropped it—I bolted Wright inside till Moon was brought back, and I gave them both into custody—I had seen them in the bar together for a fortnight or three weeks previously, nearly every evening—they were friends—they addressed each other; Wright would call Moon "captain"—they came together and went out together—they denied knowing each other when they were given into custody—the case contained champagne worth £45—I had previously lost four cases—they were kept in stacks on each side the seats in the four compartments, and had been so for four years—we never lost any till the last month.
Cross-examined by Wright. You said you had only made Moon's acquaintance in the house.
THOMAS SPINKS . I am a porter at the Jamaica Arms—on Thursday, 24th November, I was behind the bar—I saw the prisoners in the bar for about an hour, and kept observation on them—while the manager was at the other end of the bar, I saw Wright with his elbow on the counter—he looked up and pointed his finger towards the manager, and his thumb where Moon was sitting, on the case—the manager called out, "On him, Thomas"—I rushed to the door and saw Moon holding the case in front of him—when he saw me he pushed it off, and tried to put it on my feet—I left the case and ran after him—he ran into Threadneedle Street, and got into a 'bus, and I had him arrested and brought back—Wright was watching Mr. Benison before he made the sign—I was behind, watching him all the time.
Wright, in his defence, stated that he only knew Moon by making his acquaintance in the tavern, and that he had nothing to do with the case.
PLEADED GUILTY .— Four Months' Hard Labour each.
MR. TREVOR LLOYD Prosecuted and MR. TURNER Defended, FRANK BEER. I am a provision merchant, of 15, King Street, Smithfield—on Saturday, 3rd December, I was at my shop door when Aldridge, a man in my employment, and another porter brought two large and one small cases of rabbits into my warehouse—while the rabbits were there the prisoners came in, and asked if I would sell the rabbits—I said I did not think they could give the price for them—I ordered two of the cases to be taken to the back of the store down the yard—Henry Guyon asked me if I would sell the remaining case—I said, "I don't know that you would give me enough"—he bid me 2s. 8d. a skin—I would not take it—they passed out of the warehouse—I went away for three quarters of an hour to keep an appointment—the prisoners followed me, and said, "Are you going to take our price?"—I said, "No; run away, we are very busy; I won't sell you the goods"—I did not see the prisoners come in after that—at five o'clock a customer came in, and I showed him one case, and said, "I have two more in the yard"—he said he would look at them, and we went into the yard, and found only one case there; we missed the other case and a small truck with which we used to take the cases down the yard—the case was a small one, containing about forty-eight fresh-skinned rabbits—the carman who had put the rabbits down the yard said something to me, and after inquiring as to where the case was I went to Exmouth Street, and saw the two prisoners selling rabbits at a stall about twelve minutes' drive from my shop—I swear those rabbits were my property—I can give reasons for identifying them—I said to the prisoners, "Good evening; how is trade?"—they did not answer, but simply looked down—all they said was fivepence a lb.—I did not ask anything; I gave them into custody.
Cross-examined. The prisoners first came to my shop about three, and afterwards at four, I think—I quoted them no price—the wholesale price that day was sixpence per lb.—I next saw them after four o'clock, at the stall at half-past seven—I missed the rabbits a little before five—I don't remember if I said before the Magistrate that it was half-past five—I don't know if there are hundreds of costermongers engaged in selling rabbits in this neighbourhood; our customers are not costermongers—there are tradesmen in the neighbourhood selling rabbits—I don't know of any other stalls there—the prisoners' was the only stall I saw rabbits on—I don't know that several people sell rabbits in that street—the weight of the forty-eight rabbits would be about 140 lbs.—they were all skinned Ostend rabbits—the consignments of Ostend rabbits coming to London average about 200 tons a week, I believe—there is a difference in the rabbits according to the people who kill and skin them—the man who consigns to me begins to skin at the hind feet; some people begin at the belly—I don't say that my consignor is the only man who begins at the feet; it is not an unusual thing—there are five details in my consignments which distinguish them; the ears are cut off, not very close to the head; the throat, in killing the rabbit, is not cut across, but only punctured—the case of rabbits which was stolen was opened in my yard by me, and inspected for another customer; and two or three rabbits had been taken out to sample them—no other person besides my consignor would dress rabbits exactly in the same way. "
Re-examined. The three other points I identify by are the sweetbread,
which is left in such a way that the whole of the liver is exposed, whereas in most rabbits you cannot see the liver when they are taken out of the cases; the flare from the back of the rabbit is laid back on the thighs of the rabbit; and the length of the toe, the butcher takes off a piece to make an appearance—I have no doubt these were my rabbits—my consignor never sends more than one case at a time—I have the bill of lading in my pocket; the case had particular marks by which I know it.
ERNEST ALDRIDGE . I am a carman to Mr. Beer—on 3rd December I took a case of rabbits from the warehouse down the yard at the back of the shop—after that I went into a public-house, where I saw the two prisoners—Henry Guyon said to me, "Have you sold out?"—I said "No" and asked him what the governor was going to charge him for them—he said, "3s. 8d.; I offered him 2s. 8d."—John Guyon said, "I should like to pinch a case of rabbits"—I laughed, drank up, and went out—afterwards I drove up to their stall with one of our travellers—he recognised the rabbits.
Cross-examined. I had seen the rabbits in my employer's yard before—to get to the yard where the rabbits were placed you would go through the shop, or through the yard gates which the vans go through—the gates are opened to let a van in—they are not always kept closed—I should doubt if anyone going down the street past the yard could go in; you go in straight from the street down the gateway—I don't know if the gates were closed all that afternoon—the yard is capable of holding fifteen or sixteen vans—I believe men were selling rabbits at about six that night.
ROBERT HAYLOR . I am in Mr. Beer's employment—at 6.30 on 3rd December, in Exmouth Street, I saw the prisoners wheeling a barrow, on which was a closed basket; I did not see if there was anything in it—they were going towards their stall—they put the basket under the stall and went away, and in. about twenty minutes they returned with another basket and a box full of rabbits—they first put them under the stall, and then took them out and laid them on the stall, and began to sell them at 5d. and 6d. a pound—the proper price to sell them at would have been 7d. or 7 1/2 d.—I sent for Mr. Beer—I was present when the prisoners were given into custody—Henry Guyon then said that he bought them; he did not know from whom, but from a man out of a cart—he said he gave 50s. for the box as it was—he said he should not know the man again—we took the rabbits away—at the Police-station Henry Guyon said that he bought them; that he had sold the box to a man; and after that he said the box was under the stall; and after that he said it was in his stable—John Guyon did not say anything—it is usual for costermongers to have a receipt when they buy things—I looked under the stall and in the prisoners' stable, but did not see the box.
Cross-examined. A large number of persons in the prisoners' position buy rabbits to sell again—when rabbits are cheap it is a trade that costermongers go in for rather largely—5d. and 6d. the prisoners were selling at; the market price was 7d. or 7 1/2 d.—if the last witness said 6d. I disagree with him—I am salesman to Mr. Beer—the shop is always attended to by one or more persons—the yard is by the side of the shop opening into the street—I was not in the shop the whole of the
afternoon; I was there between two and three o'clock—I got back about five—I did not see this case of rabbits in the yard—the sate is sometimes open and sometimes shut; it is not kept locked—if I sold you a dozen rabbits I should give you a receipt—I cannot say if every wholesale vendor does that; it is our custom—it is not unusual for costermongers to buy rabbits in the street.
By the COURT. I have never known a costermonger buy forty-eight rabbits from another one—Aldridge is a carman, not a salesman.
ELSNEY SKETE (122 G). On 3rd December I took the prisoners in Exmouth Street—they heard the charge—Henry Guyon said, "I bought a case of rabbits of one of Mr. Beer's men in Rosamond Street"—I asked him if he had a receipt—he said, "No, it is not usual for costermongers to get a receipt when purchasing goods in the street"—on the way to the station I asked him where the case was—he said, "I sold the case for fourpence"—at the station, when he was asked where the case was, he said, "Under the stall in Exmouth Street"—a little while after he was asked about the case again, and he said it was in his stable in Rosamond Mews—I did not go to the stall; I went to the stable—there was no case there bearing that mark—John Guyon said, "I know nothing about the rabbits; this man employs me; he is my uncle. "
Cross-examined. There were several cases at Rosamond Street; several appeared to have had fish in them—one was of the same description as that described by the prosecutor—there was no case there with the mark "E. M."—there were lots of small boxes also in the stable—there was a barrow there, and distinct evidence of business being done there.
JESSE DEPTFORD (33 C R). I took John Guyon to the station—he said he had nothing to do with the rabbits; he was only employed by the other prisoner to sell them—I corroborate Skete as to what Henry Guyon said.
Cross-examined. I went to the stable—there were some old cases there, but nothing in reference to this charge—they were fish cases, and one or two old rabbit cases. '
GUILTY of receiving.
JOHN GUYON then PLEADED GUILTY* to a conviction of felony in December, 1889.— Six Month' Hard Labour , HENRY GUYON— Three Months' Hard Labour.
OLD COURT.—Friday, December 16th, 1892.
Before Mr. Baron Pollock.
Eighteen Months' Hard Labour each.
MESSRS. BODKIN and ELDRIDGE Prosecuted, and MR. GEOGHEGAN
Commercial Street—I had never seen him before—I went with him to my room; he was there with me about five minutes—when he left he appointed to meet me at half-past nine the following night—I met him at the same place at half-past nine, and took him to my room—he asked me to take off my jacket; I would not—he asked me three times, and I did take it off—he pushed me on to the bed, and my head fell on the pillow—he had on a large brown overcoat, the same he has on now; it was fastened by one button at the top—while we were on the bed he put his left arm on my right shoulder, and his right hand down by his side; he drew his hand from his side pocket and cut my throat—I did not notice anything in his hand—I struggled with him, and put my hand to my neck and felt blood—I cried, "Murder!" and "Police!"—I took hold of his hand after I felt the cut—I was still on the bed; he was then standing up by the side of me—I saw a razor in his hand—I got hold of it and broke the handle off it in his hand, and it dropped out of his hand on to the ground—I kicked him, and cried, "Murder!" and "Police!"—I got off the bed, and he came at me again with the razor, and wanted to cut my throat a second time—he had picked it up again—he touched me a second time with it, but only slightly—I had hold of his hand at the time, the one he had the razor in, his right hand—I struggled with him to get up, and in the struggle I cut my hand—when he dropped the razor I ran to the door, unbolted it with one hand, and pulled it open with the other, and ran downstairs—I saw Emma Smith at the foot of the stairs, and said, "That man has cut my throat"—I went out into the court—I don't know what the prisoner did; I think he remained up in my room—I next saw him at the station.
Cross-examined. I had had no quarrel with him; I was surprised when he did it—I don't know why it was done—the razor was in the pocket of his overcoat—I did not put my hand in his pocket to rob him—I did not draw the razor-case out and open it; there was no struggle for it—I did not think the case was a jewel-case; I did not see it at all—it was not in a struggle between us that I got the wound in my throat.
SARAH CLARK . I am the wife of George Clark, and live at 26, Great Pearl Street; I occupy the first floor back—Johnson occupied the front room—on Friday night, 2nd December, about half-past nine, I and my husband were in bed—I heard Johnson and someone else go into her room; it was a man's voice, a loud voice—when he got to the door he asked whether she had a light; I did not distinguish the answer—they went into the room, and the door was shut—there is a door between my room and hers, but that was nailed up—when in the room they started laughing, what about I could not say—it lasted a very few minutes, then they were very quiet; I did not hear any conversation—the next thing I heard was a scream, then a second scream, and she called "Police"—I got out of bed and tried to wake my husband, but being a heavy sleeper he did not wake—I called out, "What are you doing to the woman?"—I then heard the door open, and she went down the stairs, and a short time after I heard someone else go down—as she went down she said, "He tried to cut my throat"—her door was open, and he must have heard her—when the man went down he jumped the last few steps and went out—while the two were in the room I did not
hear any sound of struggling or quarrelling—the stairs go straight down without any turning, and the street door opens on to the stairs.
EMMA SMITH . I live at 26, Wilk Street, leading into Great Pearl Street—on Friday night, December 2nd, about half-past nine, I heard screams from Johnson's room—I went into the passage leading into the court—I think she opened the door—I saw her run downstairs—she made a complaint to me—I saw Margaret Buckley coming up the court—I said something to her—I saw the prisoner come downstairs into the passage—he tried to get away, a man pushed him up the court; he ran up the court—I followed him into Great Pearl Street—he ran, and I saw Timothy Wicks try to stop him; he bad nothing in his hand—I saw him when he was stopped; he was not excited, he seemed quite calm—when Johnson came down she had her hands to her throat—I saw the prisoner's hand at the station; it was bleeding.
MARGARET BUCKLEY . I live at 9, Herne Street—on 2nd December I was in Wilk Court on my way to see Emma Smith—I heard some screams from Johnson's room, and saw her with her hands to her throat—she said something to me, and I sent someone for a policeman—after that I saw the prisoner walking down the court; he had nothing in his hand that I saw—he ran after he came down the court—later on I went into Johnson's room, and there found the broken handle of a razor at the side of the bed—I afterwards went to the Police-station, and made a statement—the prisoner heard me make it; he made no answer.
GEORGE WILLIS . I live at 28, Great Pearl Street—on Friday night, 2nd December, I saw the prisoner and Johnson turn into Wilk Court—a little time afterwards I heard some cries, and I saw the woman come down the court—I afterwards saw the prisoner walking up the court towards Great Pearl Street—I tried to trip him up; he stumbled and ran, and Wicks and Murphy came and took hold of him—he took a pocket-hand kerchief from his pocket, and flung it in the gutter—I picked it up, and next day gave it to the police—this is it.
TIMOTHY WICKS . I am a cooper, and live at 3, Norfolk Gardens—on this night, about half-past nine, I saw the prisoner and Johnson going towards Pearl Street—about ten minutes after I heard cries of "Stop him!"—I saw Johnson with an apron up to her neck and blood all over it—I saw the prisoner running up Pearl Street; I took hold of him—he threw me down; we both fell—two other men came up and helped me—the prisoner said nothing—he was very violent—he was dressed as he is now—I afterwards went to the room with the police—I found this razor-blade underneath the bed; I gave it to the police—there was blood on the pillow and sheet.
Cross-examined. The prisoner was running and seemed excited and in terror.
Cross-examined. When he said that, there was only me and Wicks round him; he and Wicks were struggling together—there was a crowd after him.
was put into a cell, and in consequence of instructions I watched him from time to time—he was not excited, he was calm; he seemed strange in his manner—after being in his cell for about half an hour he called me—I went to the flap of the cell, and he said, "I intended doing it, I put the razor in my pocket this morning; she was always following me about at night when I came from places of amusement; I have been on the spree for a fortnight"—I searched him at the station, and in his outside pocket I found this razor-case, and in his trousers pocket I found this penknife, also some money.
Cross-examined. I had not time to search him in the street, there was a crowd round him—at the station before he was locked up I took from him all things relating to the charge; I left the money and his watch—the inspector instructed me to watch him—there was a light in the passage, which threw light into the cell—I did not caution him—there was a strange look in his eyes;. he looked rather nervous, not frightened—when the charge was taken a good number of persons were in the room, not all the witnesses; they were called up to the inspectors desk one at a time to give their evidence—he was searched after he was charged—a constable was standing by his side while the people made their statement—I took a note of what he said in the cell passage, and I produce" it.
WALTER BECK (inspector H), I was at the station on the night of 2nd December, when the prisoner was charged by Johnson with cutting her throat with a razor—he made no reply—she made her statement in his presence.
Cross-examined. My desk is about four feet from the dock—the witnesses came to my desk and made their statement, and I took it all down—I have made inquiries about the prisoner—he was employed for some time at Eyre and Spottiswoode's in 1886—since then he went as barman to publicans—his character has been that of a sober, quiet, honest young man—this charge has been a surprise to his late employers.
PERCY JOHN CLARK . I practise as a surgeon at 2, Spital Square—on the night of 2nd December I was called to Commercial Street Station, and there saw the prosecutrix—she was suffering from an incised wound in the throat, which had turned back a flap of skin about an inch and a half in length, and about a quarter of an inch thick—the width of the wound was about two inches—there was another and a smaller wound in the neck, about half an inch long, just through the skin, and a wound about three-quarters of an inch long and a quarter of an inch deep across the inner side of her thumb—the wounds were such as might have been caused by this razor—I was shown the blade at the station—there appeared to be recent blood-stains upon it—I do not think the more serious wound would be likely to be caused by struggling for the razor—the cut was from above downwards—I saw a surface wound on the prisoner's finger—his hands were perfectly steady, and he seemed perfectly calm—I had no conversation with him.
Cross-examined. I examined him before he was charged—I did not notice a nervous look in his eyes—the prosecutrix's wounds are now almost healed—if the wound in the throat had been caused in a struggle, I think it would have been more jagged; this was a clean wound—if in a struggle the edge of the razor had been pushed, it might have been
so caused—a sawing cut, I should expect, would cut through the windpipe—I think the other cuts were probably caused in the struggle—the larger cut was straight down.
The prisoner received a good character.
GUILTY of unlawfully wounding. Eighteen Months' Hard Labour.
MR. C.F. GILL Prosecuted. ARTHUR JAMES CHAPPELL. I am connected with a company carrying on business at 405, Oxford Street—there are works in the country, where twenty or thirty persons are employed,—in November I was without a servant—I mentioned that to some of my friends, and one to whom I mentioned it handed me these two letters on 16th November—I showed them to somebody connected with the business—I go down into the country to look after the business—on the 16th I sent a telegram to the address on the letter, at Alsop Place—I received the last letter when I returned from the country and was going to dinner—I sent a letter to Alsop Place to the prisoner, to come and see me at ten o'clock—I have a sitting-room, and an alcove with a bed in it, at my place in Oxford Street, and a man's room on the top floor—the prisoner came at ten o'clock and was shown to my room—I spoke to him about the letters and their contents—after seeing him I told him I should have to consult with a lady about taking him—in the second letter there was a statement about his having to perish—I asked him what he meant by that—he said in his country there was nothing else to do but to shoot himself—I said that was a very cowardly thing to do; and if he was in those bad circumstances he ought to get something temporarily, and then try to better himself—he said being a tutor at schools did not pay—he talked about being in the Crimea, and so on—I told him what a servant would be required to do—he looked at the room and asked questions; he asked where the bell was—I pulled the curtains aside and showed him, and he could see inside the alcove and see the bed—I showed him the electric light—after that he asked me about the value of the pictures—after he had been there some time and finished his story I said it was quite time he went—he said, "You being a gentleman will know how miserable it is to me to go home to my wretched lodging, and how pleasant it is to talk to a gentleman," and might he stay a little longer; he seemed very excited—I was reading a book when he came in, and I continued it—some sandwiches were brought in, and he had some, and some whisky—after I took up my book he hardly said anything; he sat there with his head in his hand—I finished the book I was reading, and then told him he must go, and I showed him downstairs—he repeatedly asked me whether I would take him, and the last thing he said was, "May I wait for a telegram to say whether you will take me or not?"—I did not give him any hopes at all of taking him—I said I should have to consult another person—when he was going away he said he had absolutely nothing to pay for his food and lodging, and repeated that unless he had something by Saturday he would shoot himself, and asked if I would assist him, and I went back and gave him a sovereign, and he then went away—on the following evening (Thursday), about six or seven,
I received this letter—I then spoke to my friends, and consulted my solicitor on the Saturday, and I went to the Magistrate to get a warrant, but was too late; he had gone, and the first thing on the Monday morning I got a warrant for the prisoner.
Cross-examined by the prisoner. You left my room at four in the morning—you came to me about ten in the evening—my servant left the room—I did not begin to speak to you about the army and about girls—I offered you a glass of whisky—I don't remember offering you a cigarette. (Other questions were put to the Witness, which were held to be irrelevant.)
THOMAS BOWDEN (Detective-Sergeant C). The warrant that was granted in this case on the Monday morning was placed in my hands—I had the threatening letter from Mr. Chappell, and I went to Alsop Place and saw the prisoner—I went with him to his room—I had another officer with me—I said, "We are police officers, and have a warrant for your arrest for sending a threatening letter to Mr. Chappell, demanding £300"—he said, "Yes"—I took the letter from my pocket and showed it to him, and said, "This is the letter"—he said, "Yes"—he took a letter from his pocket, and said he had used him badly, and he would be disgraced—he said, "This is a copy I sent to his friends"—I said, "Yes, so I understand"—he then went to a writing-pad and handed me another copy, which he said he had sent to the Standard newspaper about five o'clock, but if I or Mr. Chappell would give him the £300 he would go and stop it—I said I would take what steps were necessary, and he would have to go to the station—he said he had no money, and Mr. Chappell had plenty; he wished he had gone to the police, but Mr. Chappell had taken the first steps, so he was in trouble—I think he said at first, "He has taken a great liberty with me," and he said the same to the inspector—he was charged at Marlborough Street, and he said it was quite true he had written the letter, and that Mr. Chappell had used him badly, or taken a great liberty; he used those expressions several times—I went to the Standard office—I found other documents in the prisoner's room relating to the same case and a number of other documents.
The prisoner in his defence stated that he considered he was quite justified in writing the letter and demanding compensation for what he alleged had taken place.
GUILTY .— Fifteen Years' Penal Servitude
NEW COURT.—Friday, December 16th, 1892.
Before Mr. Justice Wills.
126. GEORGE WEST (17) , PLEADED GUILTY to unlawfully carnally knowing Elizabeth Hooper, a girl under thirteen years. Mr. Wheatley, of the St. Giles' Christian Mission, undertook to take charge of the prisoner after his release.—Three Months' Hard Labour.
MR. PASSMORE Prosecuted, and MR. DRAKE and MR. PIGGOTT Defended. GEORGE HILLS. I am a labourer in the employ of George Early, a
farmer, of Nana Farm, Yeading, six miles from Uxbridge—on Sunday, November 20th, about 10.20 a.m., I was in the meadows near Mr. Early's house, watching to keep the poachers off, and saw three men, of whom the prisoner was one—I went and asked him what he was doing—he said he was only there to shoot starlings, and if I did not like it he would shoot me—he had a double-barrelled gun, and one of the others had a gun—I was not armed, not even with a stick—he put the gun to his shoulder and fired; it was close to my face—I could see the end of the barrel—I put my head on one side, and he just missed the side of my head; it almost touched my right ear—he struck me at the same time with the barrel end of the gun—the firing stopped my hearing—the gun was loaded; I heard the shot rattle in the trees behind me—I was knocked down—they went on about twenty-yards, and as soon as I recovered I followed them to the Grand Junction Canal, about 500 yards—he pulled off his coat, laid his gun on it, and said he would give me what I came for—he tried to throw me into the canal, but could not, and we all three went down together—I then went to Constable Brown's house a mile off; he was in bed—I called him up, but he could not find them—I went to the station, and reported it to Sergeant Payne—on the next Tuesday, the 22nd, I saw the prisoner at Fulham Gasworks—he was brought into the office, and I identified him from others; he was in his working clothes, and two more of the men were dressed the same—I could have recognised them if they had been clean, but their faces were very black; I have no doubt the prisoner is the man—I should know the gun again; it had two pieces of copper on the side.
Cross-examined. I live in Mr. Early's house, and am engaged as gamekeeper on Sundays—I have no gamekeeper's licence; I am not allowed to carry a gun—there is a good bit of game on the land, and poachers are about—there is a path along the bottom of the field by the canal where there is no hedge—there is no path but that one—the men were a hundred yards from the cattle track—there is a track part of the way across the fields towards Yeading, but that is never used by people—there are two fields, one is a small one—there is no footpath in the held where I first saw them, but they went into the field where there is a footpath at the bottom—I did not know Mrs. Dummer till she was called by the prosecution at Uxbridge—the path might be used without my knowledge—the path by the canal is not much frequented on Sundays, but at times there are people shooting or enjoying themselves there—they were the only three people that day—I did not see any game killed, nor was I attracted by a shot before I went up—no angry words took place before he fired at me—the clump of trees against which the shot rattled was at the side of the field—Pearce and I were about ten yards from the clump of trees—the shots never hit the trees which were close; they hit the trees in the hedge, forty yards off, and Sergeant Payne found them—I did not point out a willow tree to him—a second might have elapsed between the shot and the blow—he did not punch me; he hit me on my shoulder with the barrels of the gun, such a terrific blow that I was felled to the ground—after he struck me he said did I think I had got a country mug to deal with—I remember that, although I was stunned; it was when I was following him, just before he got to the canal—I have no doubt it was Pearce said that
—I only went down on my hands and knees—the place was very muddy; I thought he was a dangerous character, but though I was unarmed I followed him—when I came to the stile the three were together; two went over the stile, and Pearce pulled off his coat, laid his gun on it, and laid hold of me—there was no conversation then—my right arm was quite numbed from the blow—the two men did not help him to throw me into the canal, or help me—the struggle was a very violent one—it was a wrestling match—he did not strike me then or throw me down, but he did his best—the others had got about forty yards over the stile, and the three walked away together—I told Sergeant Payne that the prisoner struck me on my right shoulder—I have seen labouring men shooting small birds about there on Sundays—I did not see the boy Biddle till after the three men had gone—they were in sight, but some considerable distance over the canal, where they shot a starling—the boy was on the towing-path—he was not in sight at the time of the struggle by the canal—I have made five charges against men for poaching on this property during the three years I have been in Mr. Early's service, and four of the men have been convicted—Constable-Brown made a charge against a man named Dowden, and I was a witness—the summons was withdrawn—I brought a charge against a man named Stephens, and the charge was dismissed—I have weekly pay, and something extra for Sunday duty for looking after the game—I never observed poachers watching me—I only get my expenses for attending the Police-court—I receive nothing special for arresting these men—Brown lives there on purpose to be handy—he is one of the Metropolitan police.
Re-examined. There were four men in a field, and Brown said that Dowden was one—a summons was granted, and we found it was not Dowden, and the summons was withdrawn—I was there to say that it was not Dowden, but it did not go so far as that.
By the JURY. My hands and knees were covered with mud; Brown saw that—I had never seen the prisoner before.
JAMES WILKINSON (Detective H). On November 20th I received information, and on the 22nd I went to Fulham Gasworks with Hills and two constables—the prisoner and two other men dressed like him in flannel as they worked, and three or four other men were brought into the engineer's office, and Hills identified the prisoner without hesitation—I told him he would be charged with attempting to murder and assault—he said, "That gentleman has made a mistake; I was not there; I worked till ten o'clock, and went home to bed at twelve"—the manager then told him not to say any more, he might convict himself—he was conveyed to Acton in a cab, and thence to Hayes, where he was charged with attempting to murder, by firing a gun at the prosecutor, and assaulting him by striking him on the shoulder with a gun—when the charge was read to the prisoner he said, "I was not there, I was in bed till nine o'clock. "
Cross-examined. I have been in the force just upon fourteen years, and have had a great deal of experience—it is not usual in such cases to warn a prisoner that what he says may be used against him—he was not excited; he took it very quiet—he has always asserted his innocence.
THOMAS PAYANE (Police-Sergeant 23X). On Sunday, November 20th, I was in charge of Hayes Station—Hills came there about 1.30—I took down his statement, and sent a telegram to all stations surrounding—on 2írd November I went with Hills and Acting-Sergeant Edwards to Mr. Early's field—Hills showed me where the shot was fired, and a willow tree forty yards off, on which I found six marks which appeared to have been caused by a shot from a gun—I tried to extract the shot, but failed to do so—I measured the distance from where the gun was fired to the place where the struggle by the canal took place, and it was about 300
By the COURT. The grass was trodden down; there is no public footpath there—I do not think people trespass there; there is not much traffic that way—there was no indication of a struggle near the stile, but the grass was trodden about where the gun was fired—the grass is rather longer by the canal than it is where the gun was fired—the struggle by the stile was about two yards from the public footpath—the tow path is on the other side of the canal.
Cross-examined. When Hills came to me Brown was with him—I took his statement carefully—this is the original—there is a path across the meadow, but it is not public—I do not know that it has been used by anyone but Mr. Early's men—the canal bank is a pretty public place on Sundays—labouring men spend their Sunday mornings there bird-catching, but I have not seen them shooting small birds—I have been in the district about a year and seven months—Newell's Cottages are about a mile from the field—there are sheep and cattle in the field—there are two trees, about seven yards apart, not very far from where the gun was fired, and Hills was about the centre—the willow tree is about forty yards from where the shot was fired—I think the distance was too great for the shot to penetrate the tree—I did not find a single shot—the middle of the trunk was struck, and there were one or two in the centre—the shots may have dropped Into the ditch—I cannot tell whether the marks on the tree were shot-marks; I do not think they were insect holes—they were not like this. (Marks on apiece of bark.)—when the prosecutor was telling what the prisoner had done, he did not say anything about knocking him down—he made the charge to me.
By the JURY. The marks on the tree were four or five feet from the ground, and were quite fresh—Hills said that there were two pieces of brass or metal on the gun.
MARTHA DUMMER . I am married, and live at 10, Newell's Cottages. Hayes Bridge—on 20th November, about eleven a.m., Pearce came to my house with my nephew, William Loader, and my brother, George Fleming—I cooked them some breakfast, and they stayed an hour or an hour and a quarter—they have worked at Fulham Gasworks—I did not see any gun—I had not seen them before they came to breakfast—they came back at 1.15.
Cross-examined. I did not hear a word between them about any struggle taking place—they did not seem excited when they returned at one o'clock—I was bred and born in that district, and have known and used the path across the fields to Yeading all my life, and have seen other people do so—I have known the prisoner all my life—he is left handed.
—I have a father and mother—on Sunday, November 20th, about 10.20, I was on the Southall side of the Grand Junction Canal, and saw three men; one had a gun—I do not see either of them here—I stood there about five minutes—I did not see what became of them.
Cross-examined. I was on the towing-path, going with my father's breakfast—I heard one shot, and saw one of the men pick up a starling—I could see Mr. Early's meadow from the towing-path—the gate is opposite to where I was, so that if there had been a bridge I could have gone into Mr. Early's meadow—the meadow has a stile at the footpath—I did not see the three men speak to another man—they were no; very far from the footpath, which leads from the stile in the direction of Yeading—they were more against the ditch than against the footpath—I saw them come along the path by the canal, and saw them go over the stile which divides the two fields—I saw some men bird-catching—Hills spoke to me going along, and asked me if I knew the three men—I told him I did not—it was a very muddy day.
Witnesses for the Defence.
WILLIAM LANGTON . I live at 12, Merton Road, Starch Green—on Sunday, November 20th, at 10.30, I went out with my gun with the prisoner and a man called Clem—this is the gun (Produced)—it has a copper mark here—I shot a starling with it, which Clement picked up—we walked across the field and saw Hills running behind us—he halloaed out, "Heigh, I want your names and addresses"—I said, "We are not doing any harm here, we have only come to shoot a few starlings"—Pearce laid down the gun, and he and Clem walked away—I stopped and spoke to Hills with my gun under my arm—no gun was fired while Pearce was there; I saw everything that took place—Pearce never laid hands on Hills—the other two went on, and I walked to the canal with Hills, who went and sat down by a tree fourteen yards from the canal, just above the stile—I picked up the other two just before they got to the bridge, and walked over the bridge with them—Hills never said anything more, but he walked behind us—no struggle took place.
By the COURT. Pearce took his coat off when Hills was in the field just at the time he asked for my name and address—I suppose he wanted to fight him, but he never touched him—Pearce had a gun—he laid it down on the grass—Hills said nothing, he walked away.
Cross-examined. I am a friend of Pearce and work on the same works—there was no struggle whatever—I shot a starling before Hills came up, and there was no shot afterwards—there was no struggle by the canal bank—the prisoner did not threaten to throw Hills into the water—what Hills says is all false.
By the JURY. Pearce took his coat off because Hills kept halloaing at him.
GEORGE CLEMENTS . I am a labourer at Fulham Gasworks—on Sunday, November 20th, I went out to shoot small birds with Langton and Pearce—Langton shot a bird—I do not think it was picked up—Hills came up and asked what business we had there—I told him we were not doing any harm; we were going to shoot some small birds such as starlings—he said he wanted our names and addresses and he should summon us—Pearce did not threaten him—it is not true that Pearce shot at him—no shot was fired after Hills came on the scene—Pearce threatened to hit Hills when he demanded
the names, and pulled his jacket off—Pearce went with me, and left Langton talking to him—it is false that he shot at Hills, and struck him with the gun, and knocked him down—Hills followed behind—there was no struggle on the canal bank—when we three got over the stile we went over the Spike Bridge and into Dummer's house, and had some breakfast, and then went up the tow-path again for the same purpose—Pearce is left-handed—from the time we first saw Hills not a blow was struck by I anyone.
Cross-examined. The gun with copper on it belongs to Langton; the Magistrates' clerk made a mistake—Pearce had the gun which has not got the copper—Pearce pulled his jacket off, and threatened to punch Hills' head—no gun was fired after Hill came up; he came up ten minutes or a quarter of an hour after the gun was fired.
G. HILLS (Re-examined by the JURY). There was grass where I was I knocked down—I have no mark on my arm now—I did not see any doctor—I am a bigger man than the prisoner.
NOT GUILTY .
MR. PASSMORE offered no evidence.
NOT GUILTY .
MR. METCALF Prosecuted. CHARLES VICKERY. I am master of the British schooner Doctor—on 27th November she was lying in the East India Docks, and the prisoner was on board—I had had to send him down to sweep the cabin on the 25th, and after he had done so I told him I missed £2—I had about £70 there—he said he had not had the money—I said I would get the police, and did so—he denied it to them, but I did not charge him—on the Saturday I told him that if he would give me the money I would forgive him, and let him go on the ship—he made no answer, and I had no further communication with him about it, nor on the Sunday—the mate went ashore on the Sunday, and the prisoner and I were the only two persons on the ship at 7.30 p.m.—he could have gone ashore if he liked—I was sitting in my cabin with the Bible before me and my children's likenesses, and the prisoner came in and closed the door—I said, "What are you closing the door for?"—he drew a revolver from his right side—I sprang at him; he fired, and it grazed my cheek-bone—I got hold of him—we struggled—I got the revolver from him, and he got my little finger in his mouth and bit it—I had to strike his head with the revolver to get my finger out of his mouth; it bled, and the nail came off—I rushed on deck and got a constable—a doctor came to the Police-station.
Cross-examined. I did not say I would make you tell where you put the money.
CRAJGG BROWN (Dock Police, 12 S). On 27th November I was on duty at the river entrance of the East India Docks—I heard a cry of police, and saw Mr. Vickery with a revolver in his hand—he. had a wound on the side of his cheek, with blood running down, and his finger was bleeding—he made a complaint, and I went on board the schooner Doctor—I
called down the stairs and got no answer—I went down and saw the prisoner in the cabin—I said, "Halloa! what is the matter here? You must consider yourself in custody for shooting the captain"—he made no reply—I took him on shore; and on the way to the Police-office he said it would have been the worse for the captain if he had been at sea, he would not have got off so easy; but he would do for the b——yet—I had shown him the revolver—he was in liquor—I searched him—he gave me a box of cartridges out of his pocket—they fitted the revolver—I found this chisel lying on the cabin table.
CHARLES SAMUEL Row (Dock Police Inspector). On the evening of 27th November I was called to the East India Docks and saw the prisoner in custody—Mr. Vickery mentioned the facts in the prisoner's presence—he made no reply—the revolver was shown to me—I went to the cabin and failed to find any hole in the wainscoting, but I saw a smudge which was soft and pliable—I probed the hole and found it stopped up with grease and two small pieces of coal—I got a saw and sawed the wood, and a bullet dropped out similar to those in three cartridges which I extracted from the revolver, and there were two spent cartridges—there were six chambers; one was unloaded—the prisoner said that he had fired one off—I went back and charged the prisoner.
ALFRED BALDWIN (654 K.). The prisoner was given into my custody on the night of the 27th—he said nothing, but at the station he said that the captain accused him of taking his money, and that was the reason he shot him.
The prisoner's statement before the Magistrate: "I have nothing to say against the evidence at all, only I did not take the money of which I have been accused.
— GUILTY on the Second Count — Six Years' Penal Servitude.
FOURTH COURT and
OLD COURT.—Friday and Saturday, December 16th, and 17th, 1892.
Before Mr. Recorder.
131. ARCHIBALD DUNCAN HUNTER (49) and JEHANGER FRAMGEE MOOLA FEAROZ (52) , Obtaining from Frederick London fourteen perambulators and other goods, and from other persons various other goods by false pretences, with intent to defraud.
MESSRS. BESLEY and MUIR Prosecuted;
MESSRS. TURNER and MORTIMER appeared for Hunter; and MR. ISAACS for Fearos.
WILLIAM HENRY REYNOLDS . I am manager to the Mansion House Chambers Company, Limited, landlords of 11, Queen Victoria Street, in which building I let to Jehanger rooms Nos. 222 and 223 for three years, at £150—this is the agreement, signed by him, per pro A. D. Hunter, and dated 6th July, 1891—the prisoners took possession—the names "Hunter and Co.," and "Jehanger and Co." were put up, and on one
door "Riley and Co."—The rent due September, 1891, was not paid, and this document was executed, assigning the furniture to us; and if they continued to hold the offices, the rent was to be paid in advance—they stayed on, and inquiries were made, more particularly after Hunter and Co.—we stated he was not our tenant—we afterwards received this letter of 25th June, tendering £25 for one quarter's rent, and agreeing to remove the name of "Hunter and Co." from the doors, signed "Jehanger F. M Fearoz, per pro A. D. Hunter"—the tenancy continued till 29th September, when this new agreement was entered into: "I hereby agree to rent from you from 29th September, 1892, the premises, No. 16, at the monthly rental of £4 3s. 4d.," signed by Fearoz—that is one room in the same building.
JAMES HOLDER (Detective Sergeant D). On 29th September I went with a warrant from Marylebone Police-court to Marylebone Road, and arrested Hunter about six p.m., as he was leaving the Portland Arms—I told him I was a police-officer, and held a warrant for his arrest—I said, "Shall I read the warrant to you now, or when we get to the station?"—he said, "Who is the warrant made out for?"—I said, "A. Duncan Hunter"—he said, "That is me"—I took him to the John Street Police-station, Edgware Road, and then I went to 111, Marylebone Road—in the first floor front I found a Gladstone bag with many hundred documents in it—also a letter-book—I returned to the Police-station, and read the warrant to the prisoner—he said, "It is a lie; I can meet the case"—he was then charged, and said the same, and on him were found seven shillings in silver, a card-case, four bills of exchange, and three duplicates. (Produced,)—I went to 11, Queen Victoria Street, where I saw "Hunter and Co." on the door and "Jehanger" in the corner—I was refused admittance—Reynolds said they did not recognise Hunter as a tenant—I afterwards got a summons for the other prisoner, dated 1st October—I made several calls at 11, Queen Victoria Street, and at his private address, where I ultimately left it.
Cross-examined by MR. ISAACS. That was four days after I had the service of it—he came to the Court in due course—I do not suggest he was avoiding me—he was detained.
MAUDE FLINTER . I came from Paris to give evidence—I am an expert writer with the Yost Type-writing Machine—Hunter and Co. bought one, and I went to them in January to work it at 25s. a week for three months, and 30s. afterwards—the prisoners were always there—I recognise my work in this letter-book. (Produced,)—I also wrote letters occasionally—Hunter dictated them—I used three books—one was the Indian mail-book—I remained there till the beginning of October—this exhibit, C, is signed by me by Hunter's directions—they paid me up till the last ten or eleven weeks, which they still owe me—I repeatedly asked for it—they promised to pay me on 10th October—they said they had no money—there was an errand boy there named Thomas May, and a clerk, Farr—I saw no books of accounts, there or cheque or pass-book—people used to call for money—when Hunter was away Jehanger opened the letters and gave directions for one or two
letters—he brought me draft-letters, prepared by Hunter, which I put into type-writing and signed and copied.
Cross-examined by MR. TURNER. I was paid from January to July—I always wrote the mail letters—they received several letters from India.
Cross-examined by MR. ISAACS. "Hunter and Co." was on the door. and in the right-hand corner, in small letters, "Jehanger and Co."—Jehanger's other name is Framgee—I always thought "Moule" meant priest—Hunter signed the letters.
FREDERICK LONDON . I live at Copley Hall, near Birmingham, and carry on business as the Midland Perambulator Company—on the 28th October, 1890, I received this letter from the prisoners, dated 27th:"Please let us have your price list," etc.—I supplied it, and got this letter of November 4th on the 5th: "84, Leadenhall Street, London. We enclose an order (No. 15), which please acknowledge, and trust you will be able to ship the goods soon, so that they may reach Bombay in time for Christmas and New Year sales"—this order accompanied, signed".
A. D. HUNTER"—the goods were subject to a gross discount and a cash discount, and payment was to be made in three days after the goods were forwarded—these seven memoranda are on printed headings, "Framgee Jehanger and Co., 84, Leadenhall Street"—I took it, from the headings, that they were respectable Indian merchants, and on the strength of the terms being strictly cash I executed the orders to the extent of £24 or £25—that is our invoice. (Produced.)—it is for £26 4s. 4d., subject to discount—the goods were sent to Birkenhead, and shipped as per their instructions—we wrote several times for payment, and receiving no reply I sent a threatening letter, to which they replied, "30th December, 1890. Dear Sir,—We are in receipt of your favour of to-day or yesterday, and are surprised at the way in which you address us. We may mention that we are not in the habit of receiving such communications. For your information we may mention that our Mr. Framgee has been in the North of England for the last twelve days," etc—I instructed my solicitors, Buller and Co., to issue a writ in the Birmingham Division of the High Court—it was sent up to Dr. Arnold, in London, for service—it was not served—I stated erroneously at the Police-court that it was served—the morning it was taken for service was the day after the landlord had cleared out the place for rent on the bankruptcy—I got information from the newspapers, and then applied to the Official Receiver in London, but he could not admit the claim—I had no notice of the bankruptcy—Framgee was adjudicated, I think, on 4th June, 1891.
Cross-examined by MR. TURNER. The orders, memoranda, and communications were signed, "Framgee and Co., per pro A. D. Hunter. "
JOHN EDWARD CROMER . I am employed by Pound and Co.—the premises, 84, Leadenhall Street, belong to Alderman Pound, and I act as his agent in letting—the Parsee, Framgee, took offices there, five rooms, £150, fourth floor, three years' agreement, from 29th September, 1890—the quarter's rent due 25th December was not paid, and I put in the brokers in February, 1891—the execution realised £5 8s.—when I applied to Framgee for the rent, he referred me to Hunter, and said, "I have got no money"—I always looked upon Hunter as Framgee's private and confidential clerk—they travelled together when they went to Scotland—there were several inquiries from the Trade Protection
Society about them—they went out of possession at the date of distress.
Cross-examined by MR. ISAACS. I always knew the Parsee as J. Framgee—it is not unusual to have inquiries from trade protection societies.
ARTHUR L.S. TOBBS . I am a partner in the firm of Stobbs, Wilson, and Pollard, of 4, Billiter Buildings, City—about 18th November, 1891, I received this document, of that date—"Dear Sir,—Kindly send us, per bearer, copy of your quotations; we have mislaid the one you sent us"—we sent them a fresh list—we then received: "Please book the following order, and confirm. Copal carriage varnish," etc.—we also received this order, printed in violet:" Hunter and Co., East India Merchants.—Copal carriage varnish, 100 gallons, etc., cash, less 5 percent., within 30 days from date of shipment."—we made inquiries about them, and could not get any decided information, and we wrote, or sent, to say we should have to make the order, cash against documents—we then received this letter: "In reply to your call this morning, please alter form of your order to 'cash against documents. 'Yours faithfully HUNTER AND CO. "—these are the invoices of those, two orders—the goods were shipped according to their directions, free on board at Antwerp, one to Bombay and one to Calcutta—we received the mate's receipt, and it was duly presented, but it was some time before they took the documents up—they took up the Bombay document first, £48—we had to press very much to get that—we kept the second for some time, and ultimately arranged that they should pay us £10 in cash, and give us a bill at two months for the balance due in April, £39 odd; we then gave up the mate's receipt—Jehanger paid the £10, and Hunter accepted this bill: "6th February, 1892.—Two months after date pay to our order £39 8s. 9d.
HUNTER AND CO . Accepted. Payable National Bank of Scotland, Nicholas Lane, London"—the bill was not paid, and we protested—I went to the National Bank to ascertain where the bill was so that we could take it up, and was informed it was not the first time they had dishonoured bills at that bank—we found it ultimately and took it up, as we had endorsed it—a writ was issued; we got nothing—we thought, being cash against documents, it was bond-fide business—I saw them together several times.
Cross-examined by MR. TURNER. Both sums were paid by Jehanger—I had no difficulty in conversing with Jehanger, though, of course, not with freedom.
Cross-examined by MR. ISAACS. All my transactions were with Hunter and Co.
WILSON. I am in partnership in the firm of Stobbs, Wilson, and Pollard—we exacted cash against documents—I saw both prisoners before the first mate's certificate was "taken up, to endeavour to get them to take it up—the invoice was sent in in September, and it was about the middle of January before the first mate's receipt was taken up—I saw them several times at our office—I only saw Hunter at 11, Queen Victoria Street—Jehanger paid us £10, and offered for us to draw a bill at two
months for Hunter's acceptance for the balance, and when we said, "You have not kept your word so far, how do you know this bill will be paid?" he said, "On the word of a Parsee, it will be paid; I will see that it shall be paid"—the acceptance went forward, and came back accepted as it is, and then we gave up the second mate's receipt—I did not see either of the prisoners after the bill was dishonoured—I believed they were carrying on business as Indian merchants when we parted with the documents.
Cross-examined by MR. TUBNER. I saw them generally together—to far as reference to payment was concerned, Jehanger took the lead—at the interview I had in the beginning of 1892 I took Jehanger to be one of the principals; that they participated together—the arrangement for the supply of goods was done by letter.
Cross-examined by MR. MORTIMER. We sued Hunter and Co.—we never got a committal order against Framgee Jehanger, but against Hunter—he took the principal part as regards financial matters—Hunter and Co. wrote us a letter saying there was a contravention of the Trade Marks Act, but we did not believe it, and thought it was simply a subterfuge, to avoid payment of the bills—we had the letter just before the bill came due, about April, 1892—we never took any steps, as we did not believe it.
JOHN FITCH . I am Deputy-Sergeant of Mace at the Lord Mayor's Court, and produce a warrant marked "R," dated 18th November, 1891, authorising me to levy on the goods of A. D. Hunter, of 11. Queen Victoria Street, for £28 10s. 6d. and costs, at the suit of Edward Casper—I levied the execution the same day—I received this notice: "223, Mansion House Chambers.—Sir,—I have to give you notice that I rent the above office, and claim all the furniture therein. Mr. Hunter has no property of any description on the premises.—FEAROZ"—I also produce a warrant in relation to Stobbs, Wilson, and Pollard, judgment creditors, of 23rd May, 1892, £39 11s. 6d. debt, and £3 18s. 10d. costs against A. D. Hunter, trading as Hunter and Co.—I went in and made my return to it, but I did not get anything out of it.
Cross-examined by MR. TURNER. There was rent owing as well—I do not know the nature of the action on which the first judgment was obtained, or that it was contested in Court.
Cross-examined by MR. ISAACS. The judgment in the action of Stobbs, Wilson, and Pollard against A. D. Hunter would follow the plaint.
JOHN IMHOF . I am in partnership with Mr. Camps, trading as Camps and Imhof, 204 and 206, Old Street—the prisoners saw me at the warehouse last December in reference to buying some goods—our traveller had seen them—they made a selection from stock on a monthly account—I received this order through our traveller—I supplied the goods to be shipped for export—I sent the invoice to Hunter and Co.—I saw them five or six times in their office, and applied for the money—they appeared to be acting together—Jehanger gave a separate order, and paid for it a few days after, £1 12s. 6d.—those goods were delivered at Queen Victoria Street before the other goods were packed—he gave me a further order for a lady's fitted bag, £5 15s., which was sent to the same place, and paid for—the value of goods packed was £52 15s. 9d., and
at the expiration of the time I applied for the money—I went there five or six times, and saw both the prisoners—they put me off from one Saturday to another three or four times—on 6th February I pressed for the money—the second time I went Hunter said it was all right, and I should be paid if I came again in half an hour's time—that was about the end of January—when I called again he said he was very sorry he had not got the money that day, but if I called next Saturday it would be a certainty I should be paid—I called again, and saw both prisoners, but did not get the money—Hunter said in Jehanger's presence that he had been disappointed in the mail from India, which had not arrived, and they should have to leave it for another week—when I called again Hunter said it would be in a fortnight's time, when he would pay me, or half of it—I asked him if he could manage half the amount—he said, "In a week's time," and Jehanger stepped forward and said, "Not in a week's time, but in a fortnight's time I will pay you the whole amount"—then I applied for the private account, £5 15s., and his secretary said, "I think you ought to pay the private account," and he paid me that—I called again at the end of the fortnight, but did not get the money—they said they were very wary but could not pay me, and after that I took out a writ for the amount—I put it in the hands of my solicitor—I have not had any money—Fearoz never told me that he had been bankrupt, and had not got his discharge—I believed they were carrying on business as East India merchants—they had a man there named Farr, who was supposed to go out to India to manage the business for the firm.
Cross-examined by MR. TURNER. The last time Framgee took the principal part in the conversation, but the other time Hunter—he suggested I should be paid within a week, and Framgee said, "No; I shall pay you in a fortnight"—I understood Framgee was going to pay—Framgee confirmed that.
Cross-examined by MR. ISAACS. Hunter said he was sorry he was not able to pay—throughout the transactions I had with Hunter and Co. Hunter always spoke to me in this way, "I am very sorry I shall not be able to pay," except in the private transactions, when he said Jehanger was to pay, and he did—it was only on the last occasion when Hunter said to me, "I shall pay you part this day week," that Jehanger stepped forward, and said anything about payment—I understood the two constituted the firm—I looked to both of them—when I sued Hunter and Co., A. D. Hunter appeared; Framgee never appeared—the judgment was only against A. D. Hunter—I did not proceed with the summons, because Hunter swore that he was the sole proprietor of the firm.
EMILE HESSE . In January last I was trading as L. Hesse and Co., button and bead manufacturers, 82, Fore Street—I saw the two prisoners in the beginning of January at Queen Victoria Street, when they gave me an order—(Maud Flinter here stated that this was Hunter's writing.)—this is the invoice for goods amounting to £286 10s. 6d.—they told me they were Indian shippers, and I believed they were carrying on a genuine business—we were to send the goods to the docks, and against the bill of lading they would pay fifty per cent, down, and the other when the goods were sold—I parted with the bill of lading in consequence of their writing, or one of them calling, and asking if the goods were sent out—I said they were just sent out, and they told me to hand
them the mate's receipt and they would put the goods in their own bill of lading, which would save £2 or £3, and I did—the marks on this document, "M. H. and Co., 224 to 226, Bombay," were on the cases of the goods I supplied—(Maud Flinter here stated that the copies of the shipping document and the letter addressed to Bombay were in Hunter's writing)—having parted with the mate's receipt I was entitled to cash to the extent of fifty per cent.—I applied for it at Queen Victoria Street, and waited about three hours before I saw Hunter—he was very much astonished, and after fussing about some time he said there was something wrong with the invoice—I said, "What is that?"—he said, "You have overcharged us a good deal"—I asked him to let me know where, and he said he had some samples from another firm at 1s. 5d. or 1s. 7d., where I charged him 1s. 9d.—I told him he could have similar goods, supplied by me also at 11d.,1s. or 1s. 2d.—he evidently did not understand quality—I said, "What would be the difference?" as I did not like him to have a hold in that way—he said, "About £15 or £20"—I said, "Give me £100 to-day, and you can settle the rest after the goods are sold"—he said, "That will suit me very well; I will go. and see Fearoz and get you the money"—I said, "I will wait"—I waited another few hours, and then a man named Riley came back, sent by them, and said they would not come back that day; but if I gave him my private address he would bring me £100 that evening, after he had seen them at the station—I said, "What station?"—he said they were going to Paris that evening, and would be at Victoria Station—I said, "I shall be there"—Fearoz drove up first—I said, "Have you got my money?"—he said, "What money?"—I said, "Don't you know the arrangement come to this afternoon?"—he said he knew nothing of it—I waited till Hunter came and saw them both together, and he said, "Excuse me for a moment; I will speak to Mr. Framgee"—they walked about the platform for a few minutes, and then said, "We are going to Paris to-night, and we will send you your money by wire on Monday from Paris"—this was Saturday night—I did not think I could do anything else that night, as it was a few minutes before the train left—although I went there with the intention of giving them in charge, I let them go—I believe they said they could not negotiate some bank business that day—the following Wednesday I went to Queen Victoria Street, when Hunter told me he had left Framgee in Paris, but he had a letter to say that the money would be telegraphed that night—I left, and went again the next day, and the next day, and many next days—I threatened to obtain a warrant at the Mansion House, and they told me to do what I liked—a long time after I received £30 in bank-notes from Framgee off my £268, but have had nothing more.
Cross-examined by MR. TURNER. When I saw Hunter at Queen Victoria Street he said Jehanger had the money, and he would pay me—at the time I got the £30 Jehanger handed Hunter a cheque which Hunter endorsed, and then I went with Jehanger to some Scotch, or another, bank—he cashed the cheque, and came out and handed me £30—I had given a receipt to Hunter beforehand—Hunter always referred to Jehanger—I sold the goods to Hunter and Co.—they both took the part of principals.
I formerly landlord—in 1891, Henderson, and Hunter and Co. and two others were occupants of two rooms on the first floor—I recognise I Hunter, but not the other—the names "Jehanger and Co." and "Hormez, George and Co." were on the door—I knew him (Jehanger) as Hunter—they gave up possession at the end of September, 1891, I owing a quarter's rent—they took the keys away—goods used to arrive in cases—there were some dozens of inquiries for them after they left.
Cross-examined by MR. TURNER. I cannot recognise Hunter.
Cross-examined by MR. ISAACS. Henderson and Co. and Hunter and Co. were the original owners—the other names I cannot pronounce.
By the COURT. One was Jehanger and another name—the other names did not remain long—they were rubbed out—it was my place to be always about.
JOHN WORTHAM . I am a clerk in the Bankruptcy Department of the High Court—I produce the files of proceedings in the bankruptcy of Jehanger Framgee of 26th August, 1885, No. 904—the petition was dismissed—he is described trading as "J. Framgee and Co."—the next is dated 8th December, 1885, "Jehanger Framgee, late of Crosby Hall Chambers, but now of 2, New Broad Street, in the City of London, trading as J. Framgee and Co."—there was no adjudication in that case—then No. 1104 petition, dated 26th September, 1887, "Jehanger Framgee and Co, 2, New Broad Street, in the City of London," adjudicated 11th January, 1888—liabilities £3,260; assets, consisting of furniture and other property, £5—he was not discharged—there is a further petition, dated 20th October, 1890—adjudication 4th June, 1891—liabilities £1,523; assets £198 13s. 1d., stock in trade—he was not discharged—there are notes of the public examination of the bankrupt, signed at every page "J. Framgee. "
THOMAS WOODHOUSE MERRELL . I was for thirty-two years in the employ of one firm, and am now in business on my own account, with my sons, as manufacturers, since about March—I acted as agent for my principals, and was living at 27, Boardman Street, Eccles, and had offices at 9, Corporation Street, Manchester—about 26th July I met with Hunter at the City Hotel, Manchester—he said he represented a syndicate of Parsee manufacturers in India, and that he had as a partner a Parsee, who was coming over to make our acquaintance—that they were acting practically as buying agents for a firm of Parsees—that they had plenty of money of their own, and were determined to have some of the profits that English capitalists were having for supplying goods in India,—that the business was on the same lines as firms he mentioned as manufacturers, with the exception that they were working with Parsee money, and Grose's Cotton Company were working with English money—he said, "Our terms will be as follows: All bills of lading that get into our hands on the Tuesday morning will be paid for on the following Saturday by the bank, and can be remitted either by telegraph or by draft for Monday morning. It will be necessary for you to know that we act for these Parsees—they are a very dubious kind of people, and they will have practically what we call their 'pound of flesh'—that there was
plenty of money at the bank, plenty of credit, but it was necessary that the shipping documents, together with their invoices, should be handed in at the bank by Thursday at twelve o'clock, and then they could receive payment for them on Saturday—he said "You see they are very short terms"—he took a list which purported to be an indent of goods he was ready to buy—a number of goods were selected in a particular line, and this invoice (produced) represents those that were shipped by the Asia and the City of Perth—the next day, Tuesday, Framgee came with Hunter to 9, Corporation Street—what was done the day before was talked over, with the result that Jehanger made out a form—it is Hebrew, I think, and this is & fac-simile of what had to be put on the goods—special terms were made—this is a letter sent from London in confirmation—part of this order was shipped on board the City of Perth—the others have not gone—the value of the amount shipped was £419 12s. 11d., and the unexecuted orders would be, I should say, as much again—those by the Asia were sent to Birkenhead for shipment according to their instructions—the papers were sent to me and I sent them on to London—then I had an intimation, a letter, from them stating they had applied for their bills of lading and found I had got them, and would I send them all on, and in future they would prefer taking the bills of lading from the shippers, as it would save stamps and primage, or something of that kind—I said in future it should be done, and I sent these two on; and then the other two, constituting £119, were sent on—I did not get paid—I received this letter of August 12th: 'From Hunter and Co.—Sir,—We are in receipt of yours of the 11th, enclosing invoice, "etc.—(Maud Flinter here stated that this was signed by her by) Jehanger's directions, and that she must hare copied them.)—I had received all the orders for the goods I shipped before this letter reached me of 26th August: "I anticipate being in London on Tuesday, when your account shall have immediate attention. The delay has occurred as all documents had to follow me for signature, and I missed them for two days"—(Maud Flinter stated that this was Hunter's writing.)—up to 24th August I had not parted with any of the £300 worth of goods in the City of Perth—I believed they were carrying on a bond fide business from the references I received, and. that they were buying very extensively as merchants, or giving orders, at any rate—I received this letter, and this one of the 31st August also; Exhibit E—(Maud Flinter stated that these documents were signed by her by Hunter's directions.)—I then received this letter of September 1st: "To Messrs. Merrell—Hunter and Co.—Dear Sirs,—We are in receipt of your letter of the 31st. We shall be pleased to see your Mr. Merrell in Loudon Say what time you will call"—I advised them of the time I would call, and I got this letter of the 2nd: "In reply to your favour of the 2nd, we shall be pleased to see your Mr. Merrell," etc.—I came up on 5th September—I had documents of title then under my control relating to the shipment of the goods, but not in my possession, from Messrs. Allen, the shipping agents—they had instructions to hold those documents Until they received instructions signed by me—goods value £300 were waiting shipment at Birkenhead—there are four distinct sets of bills of lading, I think—I went to the prisoners' offices—I saw the name "Hunter and Co." on the panel of the door, and certain other names which I did not notice much the first visit, but
I did afterwards—I had to write with my left hand. what was on the door, and it is not very good writing: "Anglo-Indian Rhea Supply and Manufacturing Company"—another name was "Amritz Carpet Company," and another name like "Bhuringer, S. P. L. and Co.," or something like that, and then, at the corner, "J changer"—I saw Jehanger—I said "Good morning," and held out my hand, and very nice indeed he was—Mr. Hunter was not there, but he said Hunter wanted to see me, and instructed a man to take me to 111, Marylebone Road, which he did—I went to the bedroom, where Hunter was in bed—he was very poorly, and covered all round his head and throat, and could hardly speak—I was sorry for the fellow, for he had always been very nice, and I said, "I am not going to do any business with you in that state; I will go and do it with Jehanger"—he made a motion and got his breath, after a cordial from his nurse, and said he would talk the business over in bed, which he did, in a semi-whisper—it was on the subject of the non-remittance of the £119 worth of goods—he said being ill it had upset the business; in fact, that the items given in were too small to be passed through the bank, but could be included in the lots I had—a letter of credit was eventually resolved upon—I did not know what a letter of credit meant at that particular time—I said, "Are you sure that the letter of credit you have got is sufficient to cover what has already been sent, and those that are being shipped by the City of Perth?" and in the presence of the man he said, "Yes; but it will take nearly the whole"—I understood a letter of credit to be a banker's draft practically, and expected it was available—I pressed very much for a means of giving notice to my friends—he said as soon as he got the documents he should be able to give me the whole of the money—I said, "You had better give me cheques, falling due on Saturday, so that I can pay them away; for I am going away to Wales, and have instructed my clients that the money would be forthcoming at the time stated, and I want to leave the cheques, so that things may be settled"—he said, "We do not need a banking account; we send our things right away to the people who have bought the goods"—I thought that rather strange, and said I must have something I could draw the cheques against—then I suggested he should give me an acceptance to fall due on Saturday—I am speaking now of the interview on the Monday—the man was there all the time, so that he could hear what was said, and I took it down to Jehanger to carry it out, for he was too weak to go over it again—Jehanger was to arrange everything being carried out, and the documents were to be completed and handed over the next day—I called the next day, and found him a lot better—Jehanger produced blank acceptances, and Hunter said, "Give them to Mr. Merrell and let him fill them up," which I did—you notice I made one or two little erasures—these two papers, "G" and "H," were the stamped papers which I wrote on, one for £119 and the other for £300 12s. 11d.—Hunter wrote the acceptance across—I was ignorant of the fact that three days' grace applied to seven-day bills—they did not correct me—Hunter passed them over to Jehanger to look at, and then passed them over to me—the bills were dishonoured, and I did not get any money out of them—I had got this document ready to hand over when everything was satisfactory, so that when I got this acceptance I handed this over—I afterwards found this telegram at Corporation
Street, Manchester: "Wire the bank not to present bills for payment," etc.—that was followed by a letter—(Maud Flinter stated that she signed this "Hunter and Co" by Hunter's directions.) (Read:" Dear Sir,—We annex you copy of wire sent to you")—he did not write me in accordance with that—after discovering the dishonour of the bills I wrote both to Hunter and Jehanger, so that there should be no mistake, telling them that steps would be taken at once to recover—in the meantime a friend of mine had seen Hunter in London—I was to send word—if I telegraphed Hunter he would come over to me at Manchester about this thing instead of writing this letter, and he came over—it was a week after I got the telegram, after I got back from Wales—he told me that Jehanger had robbed him of these documents, and instead of disposing of them he had sent them to his uncle—I felt sorry for him, and thought it was a genuine robbery—his idea was to give me acceptances again—I said, "It is no use unless you can get them endorsed by a good London firm. You have got me into a hole in this matter You know my position; you have obtained these goods on the ground that you were going to pay, and I have no statement, only what you made to me. My friends know I was not possessed of capital, and I want something that will clear me; it is not my fault this has occurred"—he said, "I will walk down to Euston, and write direct, so that you may get it on Monday morning"—on Monday morning I thought, perhaps, he had missed the post, and I did not see my creditors about it, but I had a telegram on Monday, saying, "Thought advisable to interview endorsees before writing—I thought that was plausible enough, but on Tuesday morning I did not get the letter, and then I wired, and went up by the 12.40 train and found him in bed at Marylebone Road—he said he had got cold going out on Saturday and was not able to get the acceptance—I said, "What are you going to do in this matter?"—he said, "He has robbed me, and I am going to take proceedings against him, and am making out an account now; he has done me for £500, and I am going to charge him"—I said, "It does not matter to me what you do; these goods I intend having back, or the money; if you have been robbed, it has nothing to do with me; I shall have to proceed against both of you."—they put me off and off until I gave it over, and saw it was no use—on the Tuesday night I said, "You had better give me a document to the bank stating what you are telling me now, and also give me the transfer order back again"—so I got those two documents and went to the Chartered Mercantile Bank accordingly—I believe he had been there—he gave me all information—I said, "Where does Jehanger live?"—so he wrote it down—I said, "Give me his full name"—he gave me the full name, "Jehanger Framgee," somewhere—he said he lived up at the West-end—I said "You had better show me how to get at it,"—and he drew a plan on this paper, and his address—I saw an official of the bank—he said they would advise Jehanger and Co.—the rest was by correspondence—I consulted Mr. Barnard, solicitor, and obtained warrants from Mr. Hopkins, at Marylebone Police-court, against Hunter and Jehanger.
Cross-examined by MR. TURNER. The bills were handed to Jehanger or myself when accepted—the order for the bills of lading was handed by me to Hunter and by Hunter to Jehanger in my presence, and he took it away.
Cross-examined by MR. ISAACS. I first saw Jehanger at Manchester on the Tuesday following my interview of Monday—when I saw him in London I spoke to him about the business, and he told me to go to Hunter—I met Jehanger by appointment in Queen Victoria Street on the following day—we went on to Marylebone Road—the bulk of the conversation was between Hunter and me—Hunter said to Jehanger, "Give Mr. Merrell the bills, and he will draw them up"—Hunter wrote across the bills "Accepted payable," etc., and initialled all the alterations—he was lying in bed, but was better—it was a mere statement of account that Jehanger brought, which I drew up—I did not take the three days' grace into account in drawing up the bills, and made them out with the intention of their coming due on Saturday—application was made for a warrant against both, but only one was granted.
By the COURT. When Hunter handed the bills to Jehanger, after writing the particulars of the bills, he said to him, "See the cashier enters these in the book, you know the arrangement made; now see that carried out"—to my mind it seemed as if he understood that he had to get the money.
CHARLES M. PRINCE . I am a clerk to Allen Brothers and Co., shipowners, of Basinghall Street—I knew Jehanger as Hunter—he presented to me this document marked "T," and I handed him the bills of lading—I should not have parted with them without the production of that order signed by Merrell—I had instructions to that effect—there was one set—the marks on 'T" are the same as those on the bills of lading, and relating to the same goods—I had known Hunter for about two years by the same name in reference to the shipment of goods or rates.
Cross-examined by MR. TURNER. I never had anything to do with the other man.
Cross-examined by MR. ISAACS. In our business sometimes the principal, sometimes the clerk, calls to inquire—the clerk must know in what names the bills are—I ask him for particulars—he says "Mr. Hunter," and then I should suppose he was Hunter—if he had given me the name of Jehanger I should not have given him the bills—we do not deliver on order.
Re-examined. In this particular transaction, if he had said his name was Jehanger I should not have parted with the bills except on this order.
By the COURT. During the two years I have known him as Hunter he has never told me he was Jehanger—I never had any intercourse with him.
ALEXANDER HARVEY DAVIDSON . I am a bill clerk in the Chartered,. Mercantile Bank of India, London—I have made extracts from the bank bill-book, "Z," dated 2nd September, kept in the ordinary course of business—(Produced)—it is correct—it means when the amount is collected in Bombay it is to be advised by wire—the fifteen days' sight bill was handed to the bank for collection, drawn by Jehanger, and it could not be accepted till it was presented in Bombay—no money was given in advance on it—I did not see the person who brought this bill of the 9th September-we received these letters in explanation of the 2nd and 9th September.
MAUD FLINTER (Re-examined). These are in my writing at Jehanger's request, and signed by him—I don't remember whether Hunter was there at the time—they are on the office paper—this letter of 20th September was written and signed by Hunter.
A.H. DAVIDSON (continued). We received this letter in the ordinary course of post—we wrote this letter of 21st September to Jehanger, and received this one of 22nd September from Jehanger—it looks as if it had been handed in on that date—(Maud Flinter stated that this was Hunter's writing and signature)—on September 23rd we received this letter from C. J. Smith and Gofton—(Exhibit letter read)—on 23rd September we got a letter from Mr. Merrell, and on 26th September we replied—were ceived a further letter from Smith and Gofton on 27th September, and another on the 30th from them—of course we should act under the order of the Court—we have not heard of the bills being accepted in respect of the goods—the bills of lading were attached to the bills of £50 and £246, so that anyone paying either amount would get the bill.
Cross-examined by MR. TURNER. The goods I am speaking of are now under my control, so that as far as these particular goods are concerned Merrell has lost nothing—he has lost control over them for the time being, and they would be held by us in consequence of the non-acceptance of the bills, which was as soon as they arrived in Bombay, about eighteen days subsequent to the date of the drafts, 7th and 9th September, and we should hear of it eighteen or twenty days after—on 20th September no one knew whether the bills were accepted or not—we heard from Hunter on 20th September, which was the first intimation we had of a dispute as to the ownership of the goods—it is from Mansion House Chambers: "Referring to yours of even date re bills of lading appropriated to Messrs. Jehanger and Co., and handed into your bank for collection and remitting, you will please take instructions from Messrs. T. W. Merrell and Son, 9, Corporation Street, Manchester, the said bills of lading being their property"—we declined to accept Hunter's directions on the subject—we had notice at that time from Hunter that the goods were the property of Hunter and Co.
Cross-examined by MR. TURNER. The bills of lading and documents were brought to me by Jehanger to collect the amounts—we should hold the documents until the bills matured, and had been paid—we are in the habit of making advances on bills of lading—I am informed he did not ask us to make any advance in this case, which was the first transaction—we should not advance without making inquiry.
By the COURT If goods are not handed over to the consignees we have them warehoused—we have no means of telling what the expenses would be.
T.W. MERRELL (Re-examined). The two first letters I took to the bank are here, which Hunter gave me in order to try to get back the control of the goods—four papers passed through my hands.
By the COURT. I wrote the letter of 23rd September which has been read—that is the fourth letter—besides the execution of 1881, I have one 10th May, 1892, of £19 odd; and another of 23rd May against Hunter, at the suit of Stables, of £43; then I have two committals, one of April 13th, 1892, and one of 22nd August, 1892—I got nothing from them.
Cross-examined by MR. ISAACS. The executions were against Hunter alone.
THOMAS MAY . I am 13 years old—I am an errand boy at 11, Queen Victoria Street—I went there last September—Mr. Hunter engaged me at 6s. a week—I entered the service about 21st September, 1891, and was there about 15 months—Miss Flinter came after—Mr. Jehanger paid me my wages; he was sometimes called Mr. Johnson and sometimes Mr. Fearoz—I heard the name of Framgee; that was Smith and Co.—my duty was to answer all the persons who came to the office, and to take letters—there were other clerks besides me—the typewriting was done in the further office—Mr. Huuter and Mr. Jehanger occupied the principal room together—there were three rooms—Riley was in the same room as Miss Flinter—I have seen a ledger there and a copying-book like this; there were no others—my salary got into arrear on the 23rd July—that was the last time I was paid; they owe me twelve weeks now—I asked Mr. Jehanger for it—he said he expected it on 10th October—I waited till then, but it did not come—I never had my money.
Cross-examined. I looked to Mr. Hunter as my master—he employed me in the first instance; the other always paid me—I have not been in any other employment.
WIILLIAM FRASER. I am clerk to the Shanghai and Hong-Kong Tea Company—I have never seen any of the prisoners—I received this document from the manager of the bank—it is a general hypothecation, signed "Hunter and Co."—I also produce a bill of exchange of the 10th June, 1892, for £61, payable at thirty days' sight, accepted Major and Co., with a receipt for three packages per steamship Carthage, with documents attached—the bill was advanced to our bank to Hunter and Co.—it has not been met.
Cross-examined by MR. MARTTNEAU. Mr. Jehanger negotiated the matters with the bank—I am not aware that we had any direct dealings with Hunter—I am not aware that Jehanger did a considerable business through us—I do not believe that he did.
MISS. FLINTER (Re-examined). I witnessed the signature of Jehanger to this hypothecation; it is not Hunter's writing, it looks more like Jehanger's—the bill of exchange is Hunter's.
JOSHEEL JOHN PATCHILL . I am secretary to Alexander Wilson and Co., Limited—I produce an order from Hunter and Co., some letters, and an invoice relating to some Vauxhall pumps, supplied by us to Hunter and Co.—the amount of the invoice is £60 13s. 10d., dated 30th May, 1892—it has never been paid—repeated application has been made.
MAUD FLINTEK (Re-examined). This 'Paid £5 10s. "in the mail-book of June is a press copy in my writing; I wrote it from Mr. Jehanger's direction—the next one, of 10th June, is Mr. Hunter's—this order on the printed heading addressed to Wilson and Co has Mr. Hunter's signature to it; also to the one of 20th May—this of 7th July I wrote by Hunter's direction—I never saw an entry of £61—these printed forms were in use when I first went there—these two of 2nd September and 9th September are in my writing, and the signature Mr. Jehanger's—I never saw any books of account.
Cross-examined by MR. ISAACS. Jehanger was in the office all the time I was there, and he used these memorandums in his own business.
Re-examined. There was no difference in the way in which the business was done—persons who called wanted money from Hunter and Co
GUILTY — Four Years' Penal Servitude each.
FOURTH COURT.—Saturday, December 17th, 1892.
Before Robert Malcolm Kerr, Esq.
132. HENRY SPENCER , PLEADED GUILTY to pledging unpaid bond warrants for whiskey otherwise than in the ordinary way of trade, within four months before a bankruptcy petition was presented against him.
Two Months' Hard Labour.
MR. BANKS Prosecuted.
GEORGE GRIFFITH HODSON . I live at 123, Manor Place, Walworth—about one o'clock a.m. on 2nd December I was walking home from Holborn towards Ludgate Circus, and as I crossed from St. Bride's Street I was seized by the throat and thrown to the ground; my eyes were covered; I felt half stunned—I felt a hand searching my trousers pockets; there was nothing there—I struggled as much as I could, and called "Help" twice—my mouth was violently covered, so that I could call no more; but presently I was released, and as I got up I saw Sergeant Stevens holding one of the prisoners on the ground, and another constable bringing back the other—I lost nothing; they had not time—my throat was very sore, and my face was scratched—I could scarcely eat for a week.
Cross-examined by Wright. The inspector at the station did not say that the scar on my face was an old one—I cannot say which of you put his hands in my pockets—it happened in Shoe Lane, between St. Andrew's and St. Bride's Street—I believe you were on the ground when I got up.
THOMAS STEVENS (Sergeant 35). At one a.m. I was on New Street Hill—I saw Williams go behind the prosecutor, place his right hand round his neck and throw him on the ground—he 'got on him and put his right hand across his mouth and face—I ran towards him and immediately Williams got up and ran away—I shouted for him to be stopped—another constable took up the pursuit and brought him back—I then saw Hodson lying on his back in a choking condition, bleeding from his mouth—Wright was by his side with his left hand at his side as if feeling in his pockets—on seeing me he turned on his back and feigned illness—I took hold of and shook him—he said, "I am ill; I know nothing about it"—the prosecutor's right-hand trousers pocket was turned inside out—Williams was brought back and confronted with Hodson—at the station Wright said, "It is all a bit of kid"—Williams said, "He struck me with an umbrella; I know nothing about it. "
Cross-examined by Wright. I did not see you strike or pull the prosecutor, but I saw your hand across his breast as you lay on his left side—he was helpless on his back.
Re-examined. I told the Magistrate that I could not hear anything before I saw you, as a van was going along on the stones.
HENRY COSTIN (402 City). I was with Stevens about one a.m. on New Street Hill, and saw the prosecutor come to the corner, followed by Williams, who put his hand round from the back and threw him violently to the ground, where they struggled—Stevens and I ran up—when Williams saw me he jumped up and ran down Bride Street—I pursued him about thirty yards and caught him, and told him he would be charged with attempting to rob the prosecutor and assaulting him—he said, "He and three others assaulted me with an umbrella, and he deserves all he got"—I went back—Wright was rolling on his back on the footway—we took him up, and he was taken to the station and charged—I saw no assault with an umbrella or anything of that kind.
Cross-examined by Wright. When Williams was throwing the prosecutor to the ground you joined and assisted—I did not notice what you did—you were lying on the prosecutor's left side when I came back, as if you were drunk—you were not doing anything to him then—you had no chance to run away.
JAMES BROWN (394 City). I turned the corner of the street, and saw Costin making a rush—I saw Williams on top of the prosecutor, with his hand over his mouth—I gave chase with Costin down Bride Street, where Williams was caught and brought back to the corner.
Cross-examined by Williams. You must have heard us coming; you ran away.
Wright in his defence said that he and Williams were walking home, when they met the prosecutor, who flourished his umbrella, and hit Williams on the hat; that he (Wright) closed with him, and they fell to the ground in the struggle.
MR. MCCUNN Prosecuted.
MARY ANN ORCHARD . I live at 186, Gloucester Road, Regent's Park—I lived with the prisoner for seven years before this happened—at 11.10 on 25th November I went into the Pembroke public-house, Gloucester Road, for a glass of beer—the prisoner was sitting against the bar—he asked me to treat him—I said I had no money—he repeated the question, and I repeated my answer—I had spoken to no one in. the public-house before that—a young woman came up to the door with a violin and began to sing—I left my beer on the counter, and turned my back to the counter to listen, and about two minutes afterwards I felt the prisoner's arm round my neck, and then I felt a knife, and I screamed out, "My God! he has got a knife. "
Cross-examined by the prisoner. I had not seen you that afternoon; the day before you had tea with me, and we had drink together, and you knocked me about—I am not living with anybody—I did not speak to anyone on this night, except the barman.
prisoner looked in at the door once or twice, and eventually he came in and sat down for a few minutes—the prosecutrix came in with a man—the prisoner asked her for a drink, I believe, and she replied that she had no money to treat him with—he sat down for a few minutes—the prosecutrix and the other man had a drink together; the prisoner sat watching them—suddenly he sprang to his feet, put his right arm round her neck, and stuck this knife with his left hand into her neck—I jumped up and caught his wrist, and got the knife from him with the barman's assistance—I had to struggle with him—it was some minutes before we could get it from him—I don't think he was under the influence of drink—a constable was called in, and the prisoner was given into custody—I gave the knife to the constable.
Cross-examined. It is a little table-knife—I am told that the prosecutrix is living with the other man.
GEORGE KEMP . I am potman at the Pembroke Castle—about eleven p.m. on 25th November I saw the prisoner and the prosecutrix in the public-house—the prisoner asked me for a pinch of snuff—I gave him the box, and when I turned round to put it into its place I saw the prisoner get up and put his arm round the woman's neck; he had this knife in his other hand—I jumped over the counter and seized him with both arms, and held him till the knife was taken from him—he had nothing to drink in our house—he was not under the influence of drink.
Cross-examined. I have been about twelve weeks at the house—I only saw you there once or twice for about three days before—I did not serve you with anything—I am sure by your appearance that you were not drunk.
JOHN RAMAGE . I am a registered medical practitioner, of 196, Regent's Park Road—on the evening of 25th November, the prosecutrix was brought to my house, suffering from an incised wound on the right side of her throat, about 41/4 in. long, and about 2 1/2 in. deep—I stitched it up and dressed it, and told the constable to take her to the hospital—it was a wound of very serious character—it could have been inflicted by such a knife as this—she had probably lost a good deal of blood before she reached me at a quarter or ten minutes past eleven; there was no bleeding when I saw her.
Cross-examined. It was not immediately dangerous.
WILLIAM LUXFORTH (209 S). On 25th November I saw a commotion, and ran across the road—when I got to the public-house door I saw the prisoner struggling in the hands of Whitby and Kemp with this knife in his hand—Whitby took it from him and handed it to me—the prosecutrix said, "He stabbed me"—another constable took her to the doctor—I took him to the station, where he was charged—on the way there he kept on saying, "I am mad!"
Cross-examined. You were able to walk very well; no doubt you had been drinking for days from what I could see of you—I should say you were sober—I have made inquiries, and heard you had been very kind to the prosecutrix on previous occasions when you lived with her—they said you had lived with her for seven years.
The prisoner's statement before the Magistrate: " I did not know what I was doing; I am exceedingly sorry. "
The prisoner, in his defence, gave an account of his relations with the prosecutrix; and stated that, overcome by the sudden impulse of the moment, he seemed to lose control of himself.
GUILTY of unlawful wounding. Strongly recommended to mercy by the JURY. Judgment Respited.
MR. KERSHAW Prosecuted, and MR. PURCELL Defended.
THOMAS HARRIS . I am manager to the London and Provincial Licensed Victuallers' Employment Association, 319, Strand—the object of the association is to obtain places for men in the licensed victuallers' trade—they apply to us and give references, and if they are satisfactory we issue a certificate of character—on 22nd August the prisoner, who gave the name of Frederick Knight, came and gave us particulars from which we filled up this form of application—the prisoner signed it in my presence—(This stated that Knight required a situation as barman; that his last employer was H. Hodson, with whom he had been for seven months; and gave as his address the Railway Hotel, Sudbury, and 24, Homestead Terrace)—24, Homestead Terrace, was not put on at first, but afterwards—we wrote to the Railway Hotel, Sudbury, and got no answer; and then the prisoner came three days afterwards and asked if we had a place for him—I told him I had not got his reference, and could not do anything for him—he told us Mr. Hodson had sold the Railway Hotel, Sudbury, and was now living at 24, Homestead Terrace, the address I wrote on the paper—we then wrote to 24, Homestead Terrace, and received this reply (This was signed Hodson, and stated that F. Knight had been in his employment seven months, and that he had always found him an honest, sober, and industrious barman, and a good cellar man)—I think that letter is written by the same hand as that which signed the application form—the prisoner called shortly after the letter was received—my clerk, Frank Collins, saw him, and issued this certificate of character to him on this letter.
Cross-examined. The first time the prisoner came on 22nd August I saw him, and the whole conversation was between me and him—all the writing on the application form is mine, except the signature and the "W. R., 26l. 8l. 92," which means "wrote for reference," and was written by Collins—I wrote to Sudbury—I wrote down, 24, Homestead Terrace, when the prisoner was there—I did not keep the envelope I received from that address—after we gave the prisoner the certificate he was employed at the National Sporting Club on Monday evenings—the London and Provincial Licensed Victuallers' Employment Association is an association of landlords who subscribe—we do not belong to the-Licensed Victuallers' Association—I don't know that it was suggested at the Police-court that our association is a swindle—here is a list of the subscribers—I am manager—I cannot say exactly who receives the profits; there are profits—we take half a crown from a barman who comes to us before he fills in this form—when he gets a situation we take a commission from him according to what salary he gets—that goes to the association—some subscribers have 100 or 200 barmen in the course of the year—the profits really go to the subscribers or members—I cannot name a subscriber who gives one shilling—we do not share the profits;
I receive the profits—I am paid by these fees—I keep a servant's and barmen's registry office under the name of this association—we never give certificates without making inquiries—I made inquiry in this case—all the inquiry was this letter—this man was summoned by the Licensed Victuallers' Society for giving a false character, and on the hearing of that charge he was dismissed, and it was suggested that the real person who gave the false character was our association, which has been in existence for three years—there are three persons at the office; myself, Collins, and Pike—before I started this office I use to make inquiries about references for landlords privately—that was my only employment—my name then was Harris—I carried it on at the same place in the Strand for five years, the profits going into my pocket—Collins has been with me since the beginning of this year.
Re-examined. As a rule we make personal inquiries—there was an exception in this case—if a man does not get a situation in a fortnight we spend the half-crown he has paid to be registered, in advertisement.
FRANK COLLINS . I am a clerk to Mr. Harris—on 26th August I received this form, with instructions to write to Mr. Hodson at 24, Homestead Terrace—I did so, and received a reply, which I opened—shortly after the prisoner called, and I issued this certificate of character to him.
Cross-examined. If a barman gives a reference, and we write and get a reply giving a good character, we hand him a printed certificate which states that strict inquiry has been made into the reference and character of the person, and, the result being entirely satisfactory, the association has much pleasure in recommending the holder to its subscribers—we do that on receiving a letter from a person whose name has been given to us—in this case that was the strict inquiry—I may before have acted on a letter coming by post—I have not issued 100 certificates—I only issue them when Harris is not there—I presume the envelope in which the letter from Homestead Terrace came went into the waste-paper basket; I was asked for it at Bow Street—we keep no envelopes—the prisoner asked where the envelope was, to suggest that the letter never came by post.
Re-examined. Envelopes are usually passed into the waste-paper basket the moment letters are taken out—we put advertisements in the papers sometimes—I believe Harris put one in about the prisoner—I remember its going in.
EDWARD JOHN NYE . I am a licensed victualler, of the Old Crown and Cushion, Westminster Bridge Road—on 26th October the prisoner came to me for a situation as barman—I kept him for a night and next day—this certificate was sent to me, and I engaged him permanently, and kept him in my employment in consequence of it about six days.
Cross-examined. My partner is a member of the Licensed Victuallers' Central Protection Society—they prosecuted the prisoner for obtaining a situation by a false character—I was a witness—Mr. Besley appeared, instructed by the association—the Magistrate asked Mr. Besley whether he was not in danger of showing up an association instead of a particular person—after that a warrant was applied for against the prisoner by this employment association.
Road—in August I was carrying on business at the Railway Hotel, Sudbury—I left there on 1st November—about 23rd August I received a letter with reference to Knights character—he had been in my employ eighteen or nineteen months ago for some time—I don't know exactly how long—I did not answer the letter—I have no knowledge of this letter, nor of 24, Homestead Terrace.
Cross-examined. I said at the Police-court, "I have not given him permission since he left to use my name as reference, but at the time he left me I might have told him he could refer his employer to me as a reference"—I have nothing to say against his character—I never found him other than sober, and he appeared to me to be industrious—I don't think I said, "I have not given him express permission to use my name as a reference"—I had no fault to find. with him—it is quite likely that I told him he might refer to me—during the seven months he was with me I was satisfied with him—I had had so many employés I really did not know who Frederick Knight was till I was called to the Policecourt and saw him.
Re-examined. I did not give the prisoner any authority to write any such letter as this.
Cross-examined. There is a F. Knight in the letter itself—I have compared slightly the signature with the rest of the employment form other than the signature; there is not a strong similarity—experts occasionally arrive at different conclusions.
NOT GUILTY .
OLD COURT.—Saturday and Monday, December 17th, and 19th, 1892.
Before Mr. Recorder,
THOMAS BASSETT . I live at 2, Burlington Villas, Strood, Kent—on the 1st June, 1891,1 saw this advertisement in the Daily Chronicle: "Man, respectable, steady, able to take charge of offices and act as messenger; permanency. Would be required to invest fifty pounds. Good wages.—Mr. K., care of Army Agency, 17, Finsbury Pavement, E. C."—I went to Finsbury Pavement that same day—I first saw Mr. Leonard, and afterwards the prisoner—I said I had come in answer to the advertisement—he said he had the engaging of a clerk or messenger, that he was the manager of Bryant's Agency Company, that I should have to take care of the offices at 55 and 56, Chancery Lane, to receive any persons that called, take in letters, and do
confidential work; that I must look only to him, that he was the factotum, and there was no one else to consider—he asked if I could pay the security down—I said I could pay some of it down and the remainder in a few days—he said it was required because I should be entrusted with moneys and various things—he said the salary would be thirty shillings a week, the office hours ten to four, on Saturdays. ten to one—I took till next day to consider it, and then came back with my niece—I saw him and wrote him a cheque for £29 14s., which was all I had in the bank at the time, and gave him six shillings in cash—I got this receipt: "Bryant's Agency Company.—Received of Thomas Bassett £30, on account of an investment of £50 in Bryant's Agency Company.—H. MOSTYN, Manager"—I knew the prisoner by the name of Henry Mostyn—he was to let me know when I should begin my duties—I received this letter, dated 19th June (This was headed "Army and Navy Agency Company; managers, T. Leonard and R. J. Baker" and requested him to call next day at eleven)—on 20th June I went there and saw the prisoner, who asked for the rest of the deposit, and to the best of my recollection I gave him a promissory note for it—the note is in my writing—I. began my duties on the Wednesday—I signed this agreement (This purported to be signed by Henry Mostyn, manager, and the witness; by it, in consequence of the advance, the prisoner agreed to take the witness into his employment at thirty shillings a week. Either party could terminate the agreement by a month's notice, when the £50 advance would be returned in full with interest, and if any misunderstanding arose it was to be decided by an arbitrator)—the cost of the agreement was £1 or £1 1s.—we each paid half—I paid 10s. 6d. or 10s.—on the following day I received this letter, headed "Bryant's Agency Company, 55 and 56, Chancery Lane"(This asked him to attend there on Wednesday to take charge of the office and commence his duties)—I went on the Wednesday—the office was two rooms on the ground floor—the outer office was supposed to be mine, the inner was the prisoner's; they both opened into the passage—I attended there for a month—many persons called—I was not supposed to know what they called about—a few questions were asked me, but my instructions were to know nothing and divulge nothing—nobody was at home there but the prisoner—no account-books were kept—I saw no press letter-books—the correspondence was done in Mr. Mostyn's room; I don't know what it was about—I saw many circulars similar to this; I was employed in writing many of them (One of these was read; it was to the effect that a certain district in South Africa was rich in minerals, and that a man with £200 to £800 capital could secure a fortune in a few years)—I might have posted some of them; I don't know—I received my salary for two weeks, but nothing more—the prisoner asked me to lend him eighteen pence, and on another occasion two shillings—I paid my promissory note—on 15th July the prisoner said I might have a holiday—I went away, and next day when I returned I found a notice on the door, "1.30," by which I understood that the prisoner would be there at that time—I went at 1.30 and the notice was still there, and I did not see the prisoner that day—the office was not open, and I could not get in with my key—I next saw the prisoner on 21st July, in Holborn—I had had a communication made to me, and I asked him about the office being closed—he told me he was going to open again in a few days in another name, and he should want me and must have me,
that I suited him admirably—I asked him about the £50—he said he would get it for me and also my wages—I kept going to the office for several days, and at last I managed to get in, and I found all the furniture was gone—all I found was an umbrella of mine and an alpaca coat—when I parted with my money I believed the statements he made, and thought it was quite a bona fide affair, and that there was work for me to do—I was only trusted with very small amounts, to go and purchase the Daily Graphic and get a few stamps—I believe 1s. was the only sum I was trusted with by the prisoner—I did not receive back my 1s. 6d. or 2s., and I only received back on two occasions, that I remember, the small amounts I had to pay and receive back at the end of the week.
Cross-examined by the Prisoner. I saw you—at Finsbury Pavement with Leonard, Baker, and Miles, who signed the agreement—I understood he was a solicitor—I asked Leonard privately if he thought it was a bona fide affair, and I should be doing right in investing my money; and, as far as he knew, he thought it was—Leonard is here—I have not seen Miles or Baker, to my knowledge—Miles did not tell me that he had engaged a man before you—I was always ready to your beck and call—I had work to do as fast as I could go in writing out circulars—from ten to four I was fully engaged, with the exception that sometimes you said I might look at the paper—some days about two people called, never twenty; I might have seen ten—the inner doors were always closed—letters were not sent every day, sometimes you posted them yourself—when you said I could have a day's holiday you said you had an important meeting that day—there is a Mr. James Bryant; I don't remember your mentioning his name—you said there had been a noisy meeting, or something of the sort—I saw Bryant last evening; I am not sure of his Christian name—I was a witness for him in Phillips v. Bryant, in which it was decided that he Was the representative of Bryant's Agency Company—I knew nothing of Bryant while I was with you, I never saw him—I was trying to get a warrant against you last year, but failed, and that was how I heard of Bryant—he told me you wanted him to take a party out to South Africa—he did not apply to you to get the parties to go out there; I think it was quite the other way—while I was there it did not appear a genuine bona fide business, far from it; I was not satisfied when you did not pay me my wages.
By the COURT. I had a little more money; I had lately sold a business—I parted with the money in the belief that it was a bona fide business.
JOSEPH WILLIAM PERRY . I am solicitor, and managing clerk to Mr. Thomas Clarke, who has the letting of 55 and 56, Chancery Lane—this agreement letting two rooms was executed by Mr. Mostyn, the prisoner, and by Mr. Clarke on 13th May, 1891—the rent was £40 for the first year and £45 afterwards, payable quarterly—he was there about half a quarter—he owed £5 18s. 4d. when he left—he gave no notice to leave—I knew him as Mostyn, not under the name of Wintor.
Cross-examined. You only paid half a quarter—the next payment would be due on 29th September—I think you were to be the tenant for three years—I do not know that the offices were re-let before 6th August.
premises of which Nos. 55 and 56 form a part—I know the prisoner as Mostyn—he was in occupation there soon after the agreement of May, 1891—I did not know he was going to remove till I saw some things in the corridor in July, 1891—I found the furniture removed to Hollingsworth's Sale Booms, Holborn—I did not know it was to be removed—I reported about the things being moved into the corridor to Mr. Clarke on 15th July, 1891—I did not see the prisoner there again.
Cross-examined. Your rooms were re-let about two months after you left, I think; they were re-let before the quarter's rent was due from you—I do not collect the rent—from what I saw, a respectable business seemed to be carried on; you had a considerable correspondence—on one occasion I came in contact with Mr. James Bryant—I believe he acted as the manager of this business, which was called Bryant's Agency Company, but I don't know anything about what it was.
CHARLES HASELER . I was a beer retailer at Leytonstone—at present I am out of employment—on 20th November, 1891, I saw this advertisement in the Daily Chronicle (This was for a respectable, energetic man as collector, offering very liberal wages and a chance of an improved position after a few months, and requiring £50 cash security)—I wrote and got this reply (Requesting him to call at 10.30 the next day)—on 26th November I went and saw the prisoner—I knew him by the name of Henry Mostyn—I told him I had come in answer to the advertisement, and asked him what it was for—he said he wanted a collector with £50 cash deposit—I had not got it—he said he was manager to the General Agency Company, and that he had invested a lot of money in it—I had £25—I paid him £5 that day, or the day after, and got this receipt (This was for £5, on account of a deposit of £25, and was signed "For the General Agency Company, H. MOSTYN")—this interview took place at 120, Southampton Row—on 1st December I paid the balance of £20, and signed this agreement (By this the General Agency Company agreed in consideration of the investment of £25, to engage the witness and pay him 35s. weekly, the agreement to be terminable by a month's notice, when the amount invested would be repaid, with 5 per cent, interest)—he said he should want me to commence my duties as soon as I had paid the deposit—next day I received this letter, saying he should not be ready for me till Friday morning—I went on Friday, and he then said I should have to wait for the return of a gentleman named Perry, who was then travelling, to show me the round—the prisoner had told me what my duties would be on the day I answered the advertisement—I think I went to the office on the Saturday—he gave me £1 instead of 35s., as I had done nothing for him—I had altogether £9 15s. in the shape of wages—I did nothing at all—as soon as I went he said, "I shall not want you this morning; you had better come again," and then I was not wanted—three or four weeks afterwards he spoke to me about the Seaside Association—there were some circulars on the table like this (These were circulars of the People's Seaside Holiday Association)—I was to collect in connection with this association—I don't know how many other collectors there were—I was going to be made a superintendent, as the board intended to take larger offices—people would have to pay 1s. a week for this business at the seaside—I had 35s. a week after that for doing nothing—I had £9 15s. altogether—prior to January 13th the prisoner sent me to meet Perry, who was to show me round to the customers to collect the money—Perry told me there was
nothing to collect—I went next morning and saw the prisoner, who said, "What do you want?"—I said I wanted an explanation about the customers, where I had to go to—he said, "Go home; I have no time to talk to you," and pushed me out of the door—he handed me this paper in the office (This gave the witness a month's notice to leave)—I wrote to him next day, and received this reply on January 16th (This stated that he regretted the witness had placed himself in such an unfortunate position; that he was willing to advise the owners of the business to repay the investment; that he was to accept the enclosed postal order as a present)—the enclosed postal order was for five shillings—he sent me that as a gift because I had no money—I wrote again about my money—I got this reply (Stating the letter had been forwarded to his principals)—I saw him several times afterwards, as I wanted my money—I got no satisfaction—on February 14th I found the office closed—my money was due on the 16th—after that I did not see him for some time—I saw several advertisements of the same kind in the papers, and I got a friend to write, and he had a letter from Mostyn, and then I went and saw the prisoner at 15, Argyle Street, Regent Street, about April—before that I received these letters from him (These stated that the Agency and the Seaside Association were not his businesses, and that he had no liability in the matter)—when I saw him at 15, Argyle Street he was sitting at the head of a table; it was an Employment Agency office, to obtain situations for persons who paid fees—directly he saw me he said, "I will speak to you downstairs"—we went down—he said, "Will you have a drink?"—I said, "I want to know about my money"; he said he had not got it—I told him that I thought he was a swindler, and I had a good mind to take a warrant out—he said, "Why don't you?"—I said because I had not the money—we had a few words, and he went away and I saw him no more till he was in the dock at the Police-court—after I had notice to leave the prisoner went away for a week; Perry was left in charge of the office—I used to go in the morning and stay till four or five; no business was carried on—I saw no letters from America—I saw no business books; there were one or two old directories about ten years old—when I parted with my money I believed there was a genuine business carried on—I asked the prisoner if it was for a permanency, and he told me "Yes. "
Cross-examined. At the first interview you said you were manager of 120, Southampton Row—you said, "We have another place in New York"—you did not tell me till after you had got my money that I should have to wait till I saw Mr. Perry to tell me my work—I did not know that Perry was the promoter of the association; he did not tell me so when I saw him—there was no work to do—Perry said there was nothing for me to collect, and nothing to instruct me in, and I should have to make my own customers—the agreement says nothing about a collector; the advertisement does—I read the agreement before I signed it, and quite understood it—I devoted all my time to the company; but when I went in at the door I was told "We shall not want you this morning"—Perry told me I had to appoint agents; but there was nothing to do—I used to come the first thing in the morning—I was not drunk when I was pushed out of the door—I came in again—I am not a great friend of Perry; I knew nothing of him till after you went away, and the office was closed—he said there was no business, And that Kennedy had paid £50 and another man £35 to you—I did not
refuse to do what I was told; I was engaged as collector—you offered to give me my money, but you never did so—once you put your hand in your pocket, and said, "I cannot pay you; I might pay you so much a month," and you wanted me to sign a paper, and accept so much a month—I said I would consider it—there was no company—£ 10 was not offered to me in settlement of my claim.
ELIZA DAVIS . I am a widow—I now live in Duke Street, Blackfriars—last November I occupied 120, Southampton Row—I let two rooms on the first floor as offices to the prisoner, at thirty shillings a week, including attendance—he remained there till March—he did not give one notice that he was going—he owed me £6 when he went away—he had borrowed sixteen shillings of me, which he did not repay—there were two plates up, the "General Agency" and "The Seaside Association"—he took them, with him when he went—I never saw him again till I gave evidence against him.
Cross-examined. You had been a tenant several years before—it was my place—my daughter-in-law let the place for me—you paid the rent before, but not all—the rent was payable in advance.
WILLIAM WELCH . I am an army reserve man, at present out of employment—I live at 2, George Road, Guildford—on September 29th I saw an advertisement in the Daily Chronicle (This was for a handy, energetic man to collect, etc.; £20 cash deposit absolutely necessary; suit an army man)—I went to the address given, "Trust, 5, Hampden Road, North"—it was a small stationer's shop—I wrote there—the following morning the prisoner called on me and said, "Did you answer an advertisement to 5, Hampden Road?"—I said I did—he said, "We want a man to collect and do office work. Have you your characters?"—I said, "Yes"—he said, "Show them to me"—I did—he said, "The chief thing is the security; can you pay £20?"—I said, "Yes, if the place suits me"—he said, "But can you pay forthwith?"—I said, "I have not £20 with me"—he said, "What can you pay?"—I had £2 in my pocket—he said, "Well, call at 44, Finsbury Pavement to-morrow morning"—he said he wanted security, because he had to trust me to take money to the bank—I was to pay the rest the following Tuesday—he said, "We are the Californian Wine Growers; I am not the master, I am the manager"—he called about nine—at half-past ten I went to the office—it was one small office in the basement, partly partitioned off for himself—I afterwards noticed that the name up was the "Californian Wine Merchants. J. V. Wintor, manager"—he gave me this receipt for the £2—he said he would give me 25s. a week—he said he had seen the gentleman supposed to be my employer, and he would give me 30s. if I succeeded—he said my duties would be to take messages and money to the bank, collect letters for the Post Office, and fill up my time in the office and answering the door—he said he did not want me to let anyone know outside what business was carried on—he said, "The chief thing is, be very careful if anyone calls; tell them what I tell you"—he gave me three notes with a piece of paper and addresses to go some where—it aroused my suspicions—I came outside, and had a conversation with my father-in-law, and then went back to the office, in about ten or fifteen minutes—I found the office locked and a ticket on the door, "12.30"—the prisoner came back then—he said, "You have got back"—I said, "Yes; I want my
money back. I cannot stop here; I think the place is wrong"—he said, "Oh, we don't do business of that kind. What do you take me for?"—he did not return my money—my father-in-law came in afterwards, and the prisoner promised to meet me on the following Tuesday—I called on him on Tuesday, October 4th—he said, "Well, what do you think of yourself? You are a nice beauty"—I said, "I have come for my money; you promised to pay me"—he said he would soon settle it, and he went into the little office and brought a piece of paper, and said he had been told by his employers not to pay me—I said, "Are you going to pay me?"—he said, "No"—I said, "I shall take the case to the Police-court"—he said, "You can do what you like. Get out of my office, or I will get someone to put you out"—I went out—I met Ufton, and we had a conversation together, and went to the Detective Office, Old Jewry—when I gave the prisoner the £2 I believed it was a genuine business—if I had had the £20 I should have parted with it—I was quite confident that he had employment to give me—I believed he was manager of this Californian association.
Cross-examined. I accepted the situation upon the terms you offered me—there was no agreement between us—I suppose if you said "Go away," that was notice enough—I daresay I should have wanted a week's wages—you claimed 6s. for postage and the advertisement—you wanted 10s. 6d. for advice, not for the proposed agreement—you did not claim that I had put you to the cost of another advertisement.
ALBERT UFTON . I am a dairyman at 8, Smith Street, Stepney—on 3rd October I saw this advertisement in the paper (This was for an energetic and trustworthy man as collector, etc, with good references; £20 cash deposit necessary)—I wrote a letter to the address given, received a postcard in reply, and on 4th October I called at 44, Finsbury Pavement and saw the prisoner—he asked for the postcard I had received—he asked what I had been, and said he wanted a man to go to the Customs House to collect money and take orders—I told him I was a dairyman—he said I should have to go to the bank, and I should have to learn something; that £20 security was required, as I should have to go to bank and collect money; that the business was that of Californian wine growers, and that he was manager; that I was to commence at 27s. a week salary, and have 30s. afterwards—I said I had only £4 with me; the rest was in the bank—I gave him the £4 and he gave me this receipt, and I promised to let him have the balance—as I was leaving the office I saw the last witness, and had A conversation with him, and subsequently went to the Police-station—on the Friday morning I received a telegram, and went to 44, Finsbury Pavement and saw the prisoner—I told him I could not get the other money—he said he was very sorry; he could not think of taking me without the other £16—I offered him a £50 bond Shop he said it would not do, he wanted the money—I asked for my £4 back—he said he could not think of giving me any money back—when I parted with my money I believed that the business of a Californian wine grower was carried on there, and that he was the manager, and that the money was wanted as security.
Cross-examined. You rambled the agreement over; I did not understand it—you said you would let me have one when I paid the £16—I said I should like to wait till you had an agreement ready for me—I took the situation when I paid the £4—you promised me the agreement when
I paid the £16—my wife was with me on the 4th; you asked me to bring her—I did not understand what notice you were to give me to terminate the agreement—I heard nothing about a month—I was to be paid weekly, and there was to be a week's notice on either side—I gave you no written notice—I thought it was a swindle.
CHARLES WILIIAM DAVIS . I am a dairyman, of Hambledon, Rutlandshire—on 3rd October I saw an advertisement—I replied to it two or three days after—I got a postcard in answer, and called on 10th October at 44, Finsbury Pavement, and saw the prisoner, who asked for the postcard I had received, and I gave it to him—I saw on the door the name, "Californian Wine Growers. Victor Wintor, manager. Ground floor"—I told the prisoner why I had come—he said he wished me to collect accounts, go to the Customs House, take messages, and have charge of the call-book during his absence—he said the business was that of a Californian wine and dried fruits agency—he asked me the wages—I said 35s.—he said it was too much; he would give 30s. to start, and 33s. later on in a few weeks—I was in a situation at the time, which I had given notice to leave at the end of the month—I told him that—she said he did not wish to take me away before the time; but I was to go back and see him at the earliest time I was at liberty—I saw him two days afterwards, on 12th October, and told him I could be at liberty at his convenience—he said very well, he would take me—he did not think he should require any deposit of money, as I looked so respectable—I told him I could get a security almost to any amount up to £100—he said he had made inquiries, and no doubt I could—I told him I had an uncle in a good position—I next saw him on 15th October—he told me he had seen his employers upon the subject, and he should require £10 security, because I should have to go into the Customs House with money—afterwards I saw an agreement—he said it had cost him half a guinea, and I was to pay half—I paid him 5s. 3d.—then there was no stamp on it—on the Thursday following he told me he should require me to go to work, and he should require some deposit—on Tuesday, 18th October, I went and paid him £2 10s., and he gave me this receipt—he said it was a very small premium for taking me, and that he should want me to make it up to £10—I promised him 50s. in the following week, and £5 the third week—I attended at the office on 18th, 19th, and 20th October—I had nothing particular to do—I did not go to the bank or Customs House—there was no correspondence; no books of account were kept—I did not see any letter-book—I attended from about ten to four; it varied, but I attended several hours each day—I went to Ludgate Hill and bought the Kensington Directory with, I should say, the same coin which I had given him—it was immediately after I had paid it—I also bought 500 envelopes—I addressed all of them—I believe nothing was put into them; they were there when I left—during the three days I was there four or five people called; one in reference to some business I had been to Charing Cross about, about a situation—not the least business was carried on there, either in wine or dried fruit, as far as I saw—on 20th October he said he had seen his employers, and they were very much surprised at his taking me on such a small premium—he wanted me to make the £10 up at once—I said I was unable to do it—he said at first he would give me three hours to go and see my uncle and borrow it of him; after that
he said surely I might be able to borrow it of some of my friends, and if I could find the 50s. he would lend me £5 to make the £10—I went out as if to try and borrow it—I did not try—at the end of the three hours I came back, and he was cross because I was unable to get it, and offered me a longer time to go and borrow it—he began talking about his employers, and I asked for their address, as I should like to call on them myself (in the meantime I had heard something)—he said "No"—I pressed him, and he said he would go and make the premium as small as he could for me—he went out—I did not go back after the 21st—I asked him for my money; he said he was unable to pay me until he had been to his employers—on the 20th he offered me a piece of paper to make a bill out—on the 25th October he was to pay me the money due to me—he made several appointments with me; one was at the Archway Tavern, Highgate—I waited there three-quarters of an hour—he never kept them—on every occasion he was going to lend me some money till he had settled with his employers—I handed him an account of what was due to me; it was £6 altogether—he then handed me the copy of agreement—I sent him a telegram asking him to send to my address, and in reply I received this letter (This asserted that he had discharged himself without notice, and had not given the required notice for the £2 10s.)—he had lent me 2s.—that was the last communication I had with him—when I parted with my money I believed a genuine business was carried on there, and that there would be work for me to do, and that I was to be trusted to go to the Customs House and the bank.
Cross-examined. You did not tell me that until Mr. Faversham came there would be no outdoor work—you must have known of my change of address—you told me you had been disappointed previously by two men you had engaged—I understood the agreement, and upon its terms I accepted the employment—you did not say you wanted a large number of envelopes addressed ready for sending out circulars; you said you wished me to tie them up—you told me on the Friday I must make up the £5—you mentioned the notice to leave—you would not have me because I could not get the deposit—I removed to Poning's Bow—you went to my old address, and the next I heard from you was the telegram from Lambeth—I did not want to get out of the bargain—I heard a disgraceful character of you from different people, detectives—Hunt said you were a swindler.
Re-examined. I also got to know about him from the housekeeper, Robert Lane—he said lots of people had called about situations, and it was a regular fraud—he was already indebted to Lane.
MARY POWELL . I am a stationer and newsagent at 6, Hampden Road—the prisoner, whom I knew as a customer, asked me to allow letters to be addressed to my shop for him, under the name of "Trust," at the beginning of October—he paid 1/2 d. for each letter—between thirty and forty letters came, I think, addressed in that way, and I handed them to him.
Cross-examined. It is not at all unusual for stationers to take in letters, if application has been made, and they are paid for.
ABRAHAM LEVI BENSUSAN . I am a house agent, carrying on business as Paterson, Kerr and Co., 20, Finsbury Pavement—we act as agents generally for Mr. Porter, the landlord of No. 44—I prepared this agreement for
letting to the prisoner the basement of No. 44—I witnessed the execution of it on 13th September between Mr. Porter and the prisoner—the rent was £50 for three years, payable quarterly.
Cress-examined. You said you expected that in about a week or ten days friends from America would join you, and then you would commence actual business—no one ever came.
ROBERT LANE . I am housekeeper at 44, Finsbury Pavement—in September the basement was let to the prisoner—he gave me references to two people—I wrote to them and received replies—I told him the furniture was for sale, and he agreed to purchase it for £10—he took possession on 13th September—he never paid for the furniture—no business was carried on there—a good many persons called in reference to postcards, applying for situations—when I asked him for the money for the furniture he said that Mr. Faversham had sent on a 1,000-dollar note, which had got lost, and he had wired to him to send on further money—he asked me one morning if I had got a foreign letter for him—I said "No," and he then told me about this note being lost—there was no stock or samples in the office, nor books—I never saw Mr. Faversham, the prisoner said he was at New York, and had been called back again—no rent became due before 25th December, and the prisoner was in custody before that—he paid for cleaning for two weeks; it was payable weekly—the furniture was never paid for.
Cross-examined. You said when your principal came, which would be in two or three days' time, you would commence business—you did not say it would be about 28th September, and fix that date for paying for the furniture—I said if you wanted a clerk my brother was out of employment, and might possibly do, and you said, "Let me send a telegram off at once to him to come and see me"—you said the stationery was not ready for him to go on with—he came once to see you—you made no fresh arrangement about the furniture after 28th September—you were always telling me when I asked for money that Faversham could not get there for some time—I never told any of the men you were a swindler—there was no bell except the ground-floor bell, and the persons coming would ring my bell—the name on the door told persons to call on the lower ground floor—your principal was always in America.
HENRY PHILLIPS (Detective Officer). On 28th October I saw the prisoner leaving 58, Foxham Road—I said, "Mr. Wintor?"—he said, "Yes, that is my name"—I said, "Detective-Inspector Hunt, of the City Police, holds a warrant for your arrest, for defrauding Charles William Davis of £2 10s."—he said, M All right, you need not hold me; I have nothing to run away for"—I conveyed him to the City.
BAXTER HUNT (Inspector, City). I am chief officer at the Old Jewry—I was at the station when the prisoner was brought there—I told him I held a warrant for his arrest—I read it to him—it was for obtaining money from Davis by false pretences—he made no reply—I found on him two agreement forms, one with Ufton, and other papers—I searched the basement of 44, Finsbury Pavement—I found no other books there—I found 400 or 500 envelopes addressed, and another blank agreement form—there was a tablet with "Californian Wine Growers" on the office door—I found nothing in the office indicating that any business was carried on—I found these letters.
Cross-examined. We have endeavoured to serve a subpoena on Mr.
Williams, but cannot; he is Mr. Letey, of 10, Vigo Street—he had left a twelvemonth—you did not see me some time ago—I have not known you till this inquiry, about a fortnight prior to your arrest—you have written to the Criminal Investigation Department two letters from prison; there was nothing in them relating to this case.
The prisoner called the following witness.
GEORGE SYMONS (ex-Police-Sergeant). I am now a private inquiry agent—on the night of your arrest I saw your wife—she said nothing about a large parcel of papers—I did not advise the destruction of your papers—you may have written three or four letters to me about your papers—I have not got the letters—I replied to them—I took no steps to try and find them—I could not forward the letter you sent me; I had no address—I have not engaged seven or eight men for you connected with a wine company—I did not, to my knowledge, destroy a large number of letters.
Cross-examined. The prisoner's name is John Maddle.
The prisoner, in his defence, asserted that in the business he had been connected with he had merely acted as agent for other persons, and that he had done everything honestly and without any intention to defraud.
The prisoner was further charged with having been previously convicted at this Court, to which he pleaded Not Guilty.
ROBERT LEAMON (Detective Inspector, City). On 28th May, 1878, I was present at this Court, and had the prisoner in custody for forging a bill of exchange and embezzlement in the name of John William Maddle—he had five years—I had only known him a very short time at that time—he was a commercial traveller for a large firm of merchants—he was arrested and tried in the name of John Aster, and sentenced by Mr. Kerr—I produce his photograph, which I have had ever since.
Cross-examined. I have seen you since several times, and various inquiries have been made of me and others, as I suspected you for the last two or three years—I believe there were charges against you before Bassett's case.
GUILTY.— Five Years' Penal Servitude ,
FOURTH COURT.—Monday. 19th, December, 1892.
Before Robert Malcolm Kerr, Esq.
MESSRS. BESLEY and TRAVERS HUMPHREYS Prosecuted; MR. PAUL.
In consequence of the sudden formation of this COURT, the evidence cannot be given.
NOT GUILTY .
There were other indictments against the prisoner, upon which the prosecution offered no evidence.
NOT GUILTY .
OLD COURT.—Tuesday, December 20th, 1892.
Before Mr. Recorder
MR. PURCELL Prosecuted, and MR. C. F. GILL Defended.
FRANK OSWALD . I am fourteen years old—I am now working at Cork Brothers, stick-makers, at Northampton Square—a little more than a month ago I was working for Mr. Ellison ac Moor fields—his business was carried on under the name of Ashworth and Co.—the prisoner was employed as manager—about three days before he left the service he told me to take downstairs, and put in the box on the printing-machine, some stationery, shirts and billheads—when I got to the box I saw in it, under some brown paper, about thirty or forty stick handles—I put the shirts and stationery into the box—No. 17 was on the lid of the case; that is the case (produced)—when I put the shirts and stationery in it was about a quarter full—I also put a packet of about twelve sticks in; the prisoner called me upstairs, and gave them to me, and told me to put them in the case—I put them loose into this case.
Cross-examined. Herbert Miller afterwards spoke to me about the case; it was three or four days before I went to the Justice Room—I had spoken to no one about it before then—the prisoner left some time in October—Miller was another boy there; he is not there now—I spoke to Harry Akerman about it three or four days after I spoke to Miller—I said before the Magistrate, "Till I saw Harry Ackerman and Mr. Bubeck I had not spoken to a soul about the matter"—Miller spoke to me first—I heard his evidence at the Police-court—I said this before I heard his evidence—it was after hearing Miller's evidence that I remembered Harry Ackerman—he is the prisoners brother—I did not know till Miller told me that after the prisoner left the employment his brother was taken on there—Harry Ackerman sent for me and talked to me, and asked me questions—Miller was not with me—I did not see Harry Ackerman speaking to him—Harry Ackerman asked me what I had seen in the box, and then he told me to come the next morning—I told him what I saw—until that time I had not told him anything about a box—it was when I had done work in the evening that he spoke to me—it was in the middle of the day that the prisoner spoke to me about a box in the basement, when all the men were there—usually there are a number of packing-cases in the basement; I did not notice how many there were on this day; I could not tell if there were five or six—I should think there was more than one—I said before the Magistrate, "That was the only case in the basement"—that was all I noticed—I told the. Magistrate the first time I was before him there was only one, and when I came back again I was asked about it, and I said, "There were also some empty packing-cases in the collar. I don't know if they were thereon Thursday; I did not notice"—it was not quite right to say there was only one—in this case were football boots and clothes, that he used to play cricket and football in, and things like that, which he kept at the place where he worked—the prisoner told me to put one packet of sticks in the case, and the handles were in the case when I first went there—I looked in the case and saw handles there; any
person in the place could have seen them as well as me—I have seen Harry Ackerman a good many times since I gave evidence—I told the Magistrate, "It was my idea to put the sticks in the box"—I put the stationery in first, and then I put the sticks in—there were no sticks in it, but stick-handles, when I put the shirts in—I took no football boots down—there were shirts and knickerbockers, and I think a pair of boots—I saw no fishing things in the box—I did not know the prisoner was going away—I put one packet of sticks in the case, about a dozen, after I had put the other things in the box—I don't know if I said at the Police-court, "It was my idea to put the packet of sticks in the box"—there were stick-handles in the case with brown paper over them, and I put the stationery in first and then the shirts, I think—there was nothing but the stick-handles in the case when I put the shirts in—I put the knickerbockers and boots in afterwards—the prisoner gave them to me—the first time I spoke about this was a good while afterwards—I did not think anything about it—after the prisoner left his brother came to be employed there—several of the men who made the stick-handles left, and went to work for the prisoner—I heard it talked about—I am sure Mr. Ellison did not speak to me about it; Harry Ackerman and Bubeck did—cases are brought out of our place through by the office doors, and it is all glass, so that you can see any case that goes out—these billheads, "Bought of A. E. Ackerman," are what I call the stationery—Ellison is not carrying on business in the name of Ackerman—he traded as Ash worth and Co.—Herbert Miller told me the prisoner had a shop, and that the men had gone to work there—I did not know that when he left he left some things at Ellison's place.
Re-examined. I was told to put these things into the case on the printing machine—the lid was beside it—inside, all I saw was some stick-handles under some brown paper—I took down stationery, sticks, knickerbockers, shirts, and athletic things—the prisoner gave me each of the things to take down to the basement.
HERBERT MILLER . In October I was in the employment of Mr. Ellison, who trades as Ashworth and Co., at 32, Moorfields—the prisoner was manager—before he went away he asked me to help him up the stairs with the case, which was in the basement—it was the shape of this produced—it was nailed down—I went to get a truck, and then I helped to put the case on the truck—the prisoner helped me—the case was not very heavy; I could not quite manage to lift it myself—I wheeled the truck to Apple Street, when the prisoner helped me take the case off the truck and put it on the pavement—I used to do anything—there was nothing unusual about my helping to move a case—the prisoner gave me a penny for myself.
Cross-examined. I said at the Guildhall, "It was my duty to take out cases at that time, and all the cases would come out that way "past the office—there were always several empty packing cases in the basement—there was no concealment about this—Oswald left Ellison's employment—I know nothing about the prisoner having started in business.
ADOLPHUS ELLISON . I am a stick manufacturer, trading as Ashworth and Co., 32, Moorfields—in July I purchased from the prisoner and Mr. Delia, the receiver, the business which the prisoner had carried on, and
I employed the prisoner as manager at £4 a week salary—I had an inventory of stock, machinery, etc.—I have not the inventory here, only the agreement—it does not specially refer to the trade-mark—after the prisoner had been some little time in my employment, I helped at the second stock-taking—Mr. Bubeck, Mr. William Davies and I took it—the price fixed upon the stock was partly taken according to the old inventory, and what was not in the old inventory was fixed by Bubeck and myself—as a result of the stock-taking I gave the prisoner notice, expiring on 29th October, to quit my service—almost directly after 29th October I received information which became more complete ten days afterwards—on 15th or 16th November I went to the police—after proceedings were taken I was shown some of the sticks found at the prisoner's place in Apple Street—there is a mark "A. E. A." on this stick, and it is a stick that was part of my stock at Moorfields—no one else is entitled to use that mark—I recognised this case—this is my stationery.
Cross-examined. I have heard that when the prisoner carried on this business, he carried it on with a partner who died—the assignee of the receiver sold the business—I don't know that Mr. Delia represented the estate of the late partner only—he was the representative of the whole firm—I don't know Mr. Benwell personally—I don't know that he was the receiver appointed to represent the deceased partner—I never heard anything of it—I don't know that the prisoner had a partner—I believe his father had one, who died—I don't know that the partner's representatives wanted money out of the business—I was going to carry on the business in the name of Ash worth, the name I am going to adopt later on for family reasons—the name of Ackerman was of no value to me—when I gave the prisoner notice to leave I did not tell him that I could not afford to pay £4 a week, or that I could get someone to do his work for half the price—about two or three weeks after he left I took his brother into my emlpoyment—I pay him 5 per cent, on the turnover of the business; no fixed salary—he gets about £3 a week on the average—I did not make the change for the sake of the saving—I did not know that the brother had been discharged by the prisoner's father—I made inquiries as to his character—he was not in the stick trade then—two or three days before I gave the prisoner into custody I knew that he had started a shop of his own—I discharged six or eight of my workmen—I did not know where they had gone to work—I knew about the same time that I knew the prisoner had started another business that they had gone to work for the prisoner—some of them are the men who make these stick-handles—I had not exactly a trade-mark, but my initials, "A. E. A."—the prisoner's initials are "A. E. A." also—my name is not Adolphus Ellison Ash worth; I trade under it for family reasons—I know it is a serious things to give a man into custody, especially when lie has just started a new business—it might ruin his business—I saw Oswald twice, I believe, before I gave the prisoner into custody—I saw him once alone and once in company with Lythel, who took a statement from him—I saw Oswald a few days after the prisoner left, when I first heard of this case being packed, and I asked him what it meant—he said he packed the case by order of Mr. Ackerman; he did not know that he was going to leave—this was one or two days after Ackerman left, on 29th October, or it might have been before he left, I cannot exactly say—Oswald did not come to me, I went to him—I
think the case was removed while the prisoner was still there, but I did not know it at the time—I went to the boy immediately I found out that a cage had been packed and removed—I think I saw the boy before the prisoner left—he said he had packed the case and put these things in it, but he thought Ackerman had a right to take them, and he was bound to do what, he told him—he remembered specially putting these nine silver-mounted sticks in—the first time the boy told me this it was in the wareroom above, I believe, where the sticks are generally kept—no one else was present—I did not send for anyone—I did not send for the prisoner, because he was not in the place then, and the case had been removed, and I did not see any possibility of identifying anything—afterwards I heard a great many more particulars—one of our men went to the prisoner's place for some purpose, and saw the case there—that was the same week that we took these proceedings—I did not speak to the prisoner about it, because the case was gone—as soon as I heard of the case being removed and packed I spoke to the boy—I have not yet made a claim against the Guarantee Society in connection with this—I must find out what the whole damage is—what I miss is about £350 worth—that is all I ask for—this is the mark on the stick—I cannot see it myself without the magnifying glass—I saw it before the Alderman.
SAMUEL LYTHEL (Detective-Sergeant, City) On the afternoon of 18th November I went to Apple Street with Whackett, Hunt, and Bubeck—Hunt and Bubeck were in Ashworth and Company's employment—I saw the prisoner in the workroom—I said, "Is your name Ackerman?"—he said, "Yes"—I called in Hunt, and said, "Is this Ackerman?"—he said, "Yes"—I said, "I am a police-officer in the City, and this gentleman has an authority from his master to charge you with stealing from 32, Moorfields a case and some finished sticks, and some billheads and stationery, on or about 28th or 29th October"—he said, "Oh, they cannot charge me; it is my own property"—I noticed this case lying in the office—I said, "I suppose this is the case?"—he said, "Oh, yes"—we then examined some sticks lying there, and several were pointed out to me as sticks belonging to Messrs. Ashworth and Company—I brought away fifty-one sticks—this one was shown to me with a silver band, and the initials "A. E. A."—they are very small—when Bubeck handed this stick to me, I said, "This is certainly one of the sticks"—he said, "No; it has not been back in the warehouse a quarter of an hour"—I said, "That cannot be so; it has dust on it now"—I ran my hand down it, and showed him my hand with dust on it—he made no reply to that—he said he got it from Mr. Kinsett, and mentioned the name of Lloyd and At tree, in Wood Street—I took possession of this and fifty other sticks—the prisoner was conveyed to Moor Lane Station, where he was formally charged—he made no reply.
Cross-examined. This case was lying openly in the office—the lid was" over it; it was empty—I saw that the prisoner was carrying on business there—he had about six men, I think, in his employment, and they were working with the ordinary plant of a stick-making business—the prosecutor was not there—the prisoner mentioned the names of Simes and Wood, and other names, as persons from whom he had got sticks—I took a note at the time—he said he did not know Wood's address; that was a name with reference to a case of twelve sticks—he said he had paid fourpence each for thirteen orange stick-heads—I
brought away twenty-three furze—he said, "I got the material, some from Simes and some from Wood"—I now know that some of the men working there had been in Ellison's employment—Ellison had given Hunt authority in writing to charge the prisoner—I got to the Policecourt sooner than I expected, and I sent to Mr. Ellison to come and charge the prisoner—he came about six o'clock—the prisoner was remanded twice, and then sent for trial on his own recognisances in £20.
IRWIN BUBECK . I am in Ellison's employment as warehouseman—on 18th November I went with Hunt and Lythel to 5, Apple Street—I heard the conversation that passed, and saw the fifty-one sticks brought away—I have been at Moorfields under the two owners for fifteen months—this stick is Ellison's; I recognise it by the hall-mark of the silver band and by the initials "A. E. A."—I helped to pick out the fifty-one sticks at the prisoner's place, and this is one I found; it was among several others—all the sticks we brought away were completed except one—the handles were of a peculiar shape, which can only be made by one workman—I have had experience in stick manufacture for eighteen months—when handles are bored they want a few weeks to dry—I have never been a practical workman; I speak from my observation in the workshop—I have seen handles as they come in rough, just as they are out, and quite wet—about two months must elapse before they can be put on to sticks.
Cross-examined. I never worked upon sticks; I am a warehouseman—I identified these sticks because of the peculiar finish, which is made by one workman, Goodman—I did not know then that Goodman was in the prisoner's employment; I know it now—when the prisoner left Ellison's employment several of the workmen left also, about a week afterwards, and then the prisoner started in business, and they went and worked for him—it was specially handles I gave evidence about—there are always a number of empty packing-cases in the basement—the prisoner has left some of his things at Ellison's; there are some there still—the prisoner's brother was taken into Ellison's employment a week after the prisoner left—I knew that the prisoner had discharged his brother—I knew nothing of the nine umbrella-sticks mentioned in the charge-sheet—the day. before the prisoner was given into custody I spoke to Oswald—Mr. Ellison was at home at the time—Harry Ackerman was there with me—Oswald had been discharged some time before.
Cross-examined. After the prisoner left, Barnes was appointed as manager before the prisoner's brother.
By the COURT. A good part of the men left and went to the prisoner's when he went—Barnes stayed two or three weeks—all the workmen did not leave of their own accord; some did, but some were discharged.
Cross-examined. I had a brother connected with Ellison in the way of business recently—the connection ceased about three weeks ago, I should think, before I gave evidence—after the prisoner started business on his own account, I asked him if he was making silver-mounted goods—this stick is silver-mounted—I had bought sticks myself at Ashworth's,
where sticks of this kind had been made—I did not ask him if he was going to continue making the silver-mounted sticks—I did not show him a stick—I meant all sorts of silver-mounted sticks when I asked him the question, no particular kind—I have bought sticks from Ashworth's like this—I did not let Ellison know the prisoner had started in business; I don't know if my brother did—he travelled for Ellison—I was simply a buyer, and I was the means of putting my brother into Ellison's situation—I don't remember mentioning to my brother that the prisoner was going to make silver-mounted sticks—I did not know Goodman, who was making the sticks—if I was asked for the loan of a stick or sticks, I daresay I should have lent it to him.
Re-examined. When the prisoner said, "This stick was brought back to me by Mr. Kinsett," it was not true—I was called before the Alderman as a witness for the prisoner.
By the COURT. I have never been to the prisoner's shop—the prisoner came to solicit orders—he asked me if I would support him—he said he had been arrested on a charge of stealing sticks—I asked him if he was going to continue making silver-mounted sticks when he came into my place—I could not say whether he was charged then—I cannot fix the date when it was—it was before I had heard of any charge against him—I bought sticks from him when he was in the firm of Ashworth and Co.—as nearly as I can remember, when he called he said that he had been arrested for stealing these sticks, and among them was this particular stick, and would I come and say I had given it to him—I refused—I said I did not give him the stick, and knew nothing about it, and I could not give evidence like that; 'and every day I saw him he asked me to do the same thing, and I refused—the prosecutor asked me to give evidence for him, and I said I could not do that, because it came in the busiest time of the year—if a man wanted a particular stick as a pattern, it would not be a common thing to give it to him as a pattern to imitate—I should not do it myself.
MR. PURCELL stated that this was the case for the prosecution. The JURY said that they had come to the conclusion that they could not convict upon the evidence.
NOT GUILTY .
139. THOMAS DOODY, Writing and publishing a false and defamatory libel of and concerning Arthur Humphreys, in the form of a letter addressed to Joseph Sidney Merton. The prisoner filed a plea of justification.
MR. THOMSON Prosecuted.
JOSEPH SIDNEY MERTON . I am a solicitor, of 18, St. Martin's Court—in consequence of instructions I received from Arthur Humphreys, secretary of the Navvies' and Bricklayers' Union, on 2nd November, I wrote to the prisoner, and on 4th November I received this letter, purporting to come from the prisoner (This letter contained the following passage: "In reference to the embezzlement of fourteen shillings, I have before me the balance-sheet of the Navvies' and Bricklayers' Labourers' Union for the half-year ending June, 1892, and as the amount shown there to my name is 14s. 1d. less than what I paid, and Humphreys failing to give an explanation, no further than saying that all the money I paid was shown on the balance-sheet, which is not true, as I have receipts to prove, I am justified in saying that he has embezzled that
amount. He has refused to let me inspect the books of the Union, when I was a member, which, you must admit, was wrong ")—I was present at the Marlborough Street Police-court on 8th December, and heard the prisoner say he had written this letter.
Cross-examined by the prisoner. When I wrote the first letter I was informed by Humphreys that you had made certain allegations against him, and especially this one about embezzling 14s. 1d., and I wrote, asking you to withdraw it—I received another letter from you—I inquired what ground you could have for making these allegations—I have since the two letters seen balance-sheets and receipts—I found do deficiency on the balance-sheet—the second letter I wrote to you was giving an explanation.
The prisoner called the following witness.
—FOX. I am a labourer—I am one of the auditors of this last half-year's balance-sheet of this Union—it is a correct account of the expenditure—the receipt for 16s. 7d. is included in the expenditure—my co-auditor went through the books with me—I found the books correct—these appear to be official receipts of the Navvies' Union—this does not bear the stamp, but I believe they are in the general secretary's handwriting—you were summoned in the County Court for withholding the property of the Union—you were secretary of the King's Cross Branch, and did not hand over the whole of the money, and an order was made in the County Court for you to hand over the money, £18, as far as I recollect—there is no discrepancy in the balance-sheet—I know the books are correct—the amount from the King's Cross Branch, the proceeds of the County Court case, is put down here at £20 3s. 6d., that is the total of that branch—it includes costs, and several other small sums—that is the total amount which has been received—£20 3s. 6d. was the total proceeds of the case—I saw this receipt for 16s. 7d. by Mr. Merton in the audit—it is included in the expenditure, and was tallied up with the rest of the accounts—16s. 7d. was never received; it was a disbursement to Mr. Merton in the County Court case, I believe.
Cross-examined. This book shows the account of the Kings' Cross Branch, including the amount received in consequence of legal proceedings—it shows the full amount received on account of the prisoner, and also the expenditure of 16s. 7d. to the solicitor—I had the receipt for 16s. 7d. before me when I made the audit—the full amounts we added up and included in the audit.
JOSEPH SIDNEY MERTON (Re-examined by the COURT). This is the second letter I wrote on 7th November (This stated that he found that Mr. A. 'Humphreys had received £18 3s., the difference between that sum and the sum paid by the prisoner having been deducted by Mr. Merton for certain disbursements due to him, and called on the prisoner to retract his statements)—in reply to that I received a repetition of the libel.
By the prisoner. I gave a receipt for what I received to make the accounts correct—Humphreys was with me when the £18 19s. 7d. was received, and was aware it was received on account—he put £18 3s., because it was £18 3s. after deducting the 16s. 7d.
By the Court. In recovering this sum from the prisoner there were certain disbursements, and when the money was paid I handed the money to Humphreys, deducting from it the sum due to me for disbursements; and he has given credit in the balance-sheet for the amount
I handed to him, and I gave him this receipt for the amount at the time.
The prisoner in his defence stated that he had believed there was a deficiency in the accounts.
GUILTY.—The JURY added that they found the plea of justification had not been made out; but they wished to recommend the prisoner to mercy as they thought he had misled himself. The prisoner stated that he was prepared to tender an apology; he had never had a satisfactory explanation before, or he should have apologised sooner; but he could see now he had made a mistake ,— Discharged on Recognisances.
Before Mr. Common Serjeant.
140. WILLIAM HAYDON (44), WILLIAM BORROWS, alias STONE (39), HUGH JARVIS, alias BLACKMAN ALBERT HENNESSEY, alias OWEN (39), ROBERT BELL SALISBURY (37), HENRY ADOLPHUS RICE (64), GEORGE STAAB (32), WILLIAM ROBERT JACKSON (54), WILLIAM HARLAND, alias GARLAND (29), HENRY GEORGE MORRIS, alias EDWARDS (38), WILLIAM ROBERT TAYLOR (29), KARL ADRIAN WASSENAAR, alias HOLMBERG (27), and SAMUEL NIGHTINGALE. Conspiring to defraud Frederick Burris and others. Other counts for obtaining goods by false pretences. "
MESSRS. GILL, H. AVORY, BIRON, and GUY STEPHENSON Prosecuted; MR. KNATCHBULL-HUGESSEN appeared for Salisbury and Staab, MR. PIGQOTT for Taylor, MR. CLARE HALL for Jarvis, MR. HOPE for Holmberg, and MR. WARBTTRTON for Nightingale.
FREDERICK BURRIS . I live at Bristol, and am agent in this country for the sale of margarine—on May 2nd I advertised for a traveller, and received these two letters, signed W. Hay don (Offering himself as traveller.)—on November 17th I came to London, and had an interview with the prisoner Haydon—he said that he had been travelling in London sixteen years, and had a good connection among grocers, bakers, and confectioners—I asked him for a reference; he gave me H. Ward and Co., 403, Barking Road—I wrote there, and received this letter (From E. Ward and Co., recommending Haydon as a thoroughly hard-working traveller.)—on May 25th I wrote to Haydon, agreeing to engage him as traveller, and received a letter from him asking for samples, after which I received orders from him for goods to be delivered, amounting altogether to upwards of £1,000, some of which I declined to execute—but I executed orders value between £500 and £600, and up to August 9th, when these proceedings commenced, I had only received £20; but I have received between £30 and £40 since—on June 17th I received an order from Haydon on a billhead of W. Harland and Co., bakers and confectioners, of Penge, for five hundredweight of margarine, in 56lb. firkins, value about £15, which I executed; and on June 29th one from Haydon, for thirty kegs of margarine, value £27 10s., which was also executed—I applied to Harland and Co. for payment, and on July 14th received this letter: "Dear Sir,—Yours to hand; shall certainly hold you to
your contract, given by your representative, which I hold"—I had not ordered two months' credit to be given—I wrote several times to Harland, but never received anything—about May 27th I received an order from Haydon for goods to be supplied to W. R. Jackson, provision merchant and butter-man, of Lambeth and Croydon, for fifty kegs of margarine—I delivered thirty kegs, and then received this letter from Haydon dated June 1st: "Dear Sir,—Mr. Borrows' order was for cash, etc.; Mr. Jackson, of Lower Marsh, is doing a good trade"—I received another order from Haydon, dated June 11th, for another thirty kegs, value £24, to be sent to Jackson—they were sent—I applied for payment, and received this letter of June 15th (Requesting the witness to draw on him for the whole amount at one month.)—upon that I drew a bill on Jackson, and sent it to him for acceptance, but never got any reply, and never saw the bill again—I came to London, and called on Jackson both at Lower Marsh and at Croydon, and found the shops closed—about June 11th I received this order through Haydon (Ordering ten boxes and twenty-two kegs to be sent to Mr. J. Berry, of 191, Whitecross Street, and referring to Holmberg, Lund, and Co.)—I wrote to Holmberg, and received this letter (Giving Berry a recommendation, and asking for a price list, or for the traveller to call,)—I then received this order for goods, value £78 14s. 6d., to be supplied to J. Berry, which were sent—there was an order from Blackman for twenty kegs, and I was told that there was a fire at his shop, and that the carter took back the goods to the warehouse, and Haydon transferred some of them to Berry—I applied to Berry for payment, but received nothing—about June 11th I received an order from Haydon for twenty-four boxes and forty kegs of margarine to be supplied to J. Mathews, 28, Great George Street, Lisson Grove—I supplied them, and received a further order, on which a reference was given to Holmberg, Lund, and Co., as I had required one—I applied to them, and got this reply (Stating that Messrs. Mathews were safe for the amount mentioned.)—about June 7th I received an order for four kegs and one cwt., value £6 16s., to be sent to Owen and Co., grocers and cheesemongers, 136, St. John's Road, Holloway—I sent them, and afterwards applied for payment, but received nothing—I next received an order, dated June 25th, for goods to be sent to Mr. J. Marshall, of 2, Havil Street, Southampton Street, Camberwell—I sent goods, value £6 12s., to that address, and wrote to make inquiries about Marshall, and received this reply (Stating that the shop had a bad name but the man was all right.)—on May 26th I received this order from Haydon on a billhead of W. Borrows (For four kegs of margarine as samples, order for cash.)—I did not execute the order as I did not make anything so cheap—on June 15th I received an order for goods to be sent to Mr. H. Blackman, baker and confectioner, of 44, Long Lane, Bermondsey, enclosing as a reference a card of W. Oakley and Co.—I applied to them, got a satisfactory answer, and sent the goods; but in consequence of the fire they were not delivered, and the whole lot was transferred by Haydon to Berry (The reply from Oakley and Co. on one of their bill heads was signed R. B. S., those being Salisbury's initials.)—I received a further order from Haydon, containing on it, "References you have had, "for goods to be sent to Blackman—I started them, and then stopped the delivery by telegram, because I had a suspicion about
Blackman—about June 1 at I received this order from Haydon for goods to be supplied to George Edwards, 120, Victoria Dock Road, Canning Town, 5 cwt. and 48 boxes, value about £60—I obtained information, and wrote to Haydon, and received this reply: "Your report about Mr. G. Edwards is not correct; but, however, please cancel order at once"—I did not execute the order in consequence—I think it was transferred to Berry by another order, at Hay don's request—on June 21st I got this telegram: "Send eight kegs refused by Macauly to G. Edwards, 120, Victoria Dock Road, at once, for cash. Wire him.—HAYDON"—I did not send the goods; I sent the invoice, and got this letter (Signed Geo. Edwards, stating that he woe disappointed at not receiving the packages, and ordering three kegs for cash.)—I did not supply any goods to Edwards, or get any cash from him—I received this letter from Haydon (This stated: "I am glad you have taken my advice re Edwards," etc. "Do not trust Garner; I have every reason to believe he is no good ")—on July 16th I received an order from Haydon for goods for Mr. H. Rice, 79, Wyndham Road, Camberwell, for ten kegs—they had to be sent to 122, Woodville Road, Forest Hill—I started them, but made inquiries and stopped them—I then received this letter from Rice (Cancelling the order, as it had been so long about that he had had to buy elsewhere.)—I then wrote this letter to Haydon (Dated July 29th, 1892, asking for explanations as to the people he had sold the goods to, and the firm who gave him a character when engaged.)—I got this reply (From Haydon, stating that he had been absent from home, and tendering his resignation, as he had never received any commission.)—there was no commission due—I did not see him again till he was in the dock—I did not go to any people he mentioned—all those orders were between May 17th, when I engaged him, and July 16th—I also received an order, through Haydon, from Vincent and Co., of Lower Road, Deptford, but did not execute it in consequence of inquiries.
Cross-examined by Haydon. In my agreement with you I reserved to myself the right to refuse any orders, which I have done—I made inquiries through the Trade Protection Society—I delivered £600 worth net of margarine in London, and have received nearly £60—£60 or £70 worth has been returned—not £10 worth has been cancelled through the trade reports, and that was done after I had cancelled them myself—I called on all that I could find, and wrote to the others—I did not receive any anonymous letter—I do not know Morris or Morgan Clifford—there is nothing due to you; the commission was to be paid on the cash returns—I told you to call on Rice.
Cross-examined by Borrows. I did not supply any samples at 48s.; our lowest price was 60s.—all the orders were for cash—I called at 2, Havil Street, Camberwell, and asked for Marshall; he was out, but I saw a woman—I did not swear in my information that Marshall and Borrows were the same man—Marshall had goods of me—you have never received any goods from my directions.
Cross-examined by Jarvis. You do not owe me any money.
Cross-examined by Hennessey. I do not think I received any reference on Mr. Owen's order—I wrote, several times to Owen, but never received any reply—the goods were worth about £6.
Cross-examined by MR. HUGESSEN. I wrote to Oakley and Co., making inquiries about Charter—I have never been paid—I also inquired about
Charter and Blackman through the Trade Protection Association—it was entirely on the reference by Oakley and Co. that I dealt with Charter—the Trade Protection Society did not influence my mind at all—I had never heard of Oakley and Co. before, but they were good business men, and I thought they would give a truthful reply—the amount invoiced is £15; but I supplied no goods to him, and suffered nothing directly, but I did indirectly, because the goods were transferred to people who I never got a penny from.
Cross-examined by Rice. I sent you a letter, quoting prices, after your inquiry—I never supplied any goods to you—I telegraphed and stopped them about the 19th; and they were returned to me at Bristol; and I sold them at a very ridiculous price.
Cross-examined by Jackson, I do not think I had a reference from you—I had a very poor report about you; but I executed the order, because I depended on my traveller—I drew a bill on you, but it was never accepted.
Cross-examined by Harland. I sent the goods direct to you from the works—that lot of June was not returned cancelled from anybody else; it was in the docks to my order.
Gross-examined by Morris. The first order I got about June 1st was for about £60—I gave you no information about it; it is not usual to do so—I wrote as to the order, amounting to £6, of June 25th, sending an invoice, and asking you to remit by return of post, when the goods would be delivered—the letter that has been read was the only one I received from you—in no communication from me was reference made to the £60 order received from Haydon—no goods have been delivered to you—I was not going to let goods go into your shop without cash against invoice—you owe me nothing—no reference to anyone in the dock has been given by anyone in the name of Edwards, Morris or Ward.
Cross-examined by Holmberg. I received a letter from you, Cancelling the order I received for you—I should think I wrote you four letters altogether—it is possible I wrote that Haydon would call upon you—you owe me nothing—in reply to a letter giving me an invitation, I wrote saying that when I came to London I would call on you—judging by the whole contents of your letter, I thought you were a rogue—it really edged away from the reference you had previously given—you said in a general way that you had seen my stuff in several shops, and it would be wise to be careful; and if I called on you you would show me your books.
Re-examined. I saw the printed heading of the letter from Oakley and Co., and I believed there was a firm of Oakley and Co., carrying on business at the address given as flour factors—Holmberg gave references to Matthews and Perry as two distinct firms—in his letter afterwards, which led me to suspect his honesty, he said that, from information that had come to hand since, he looked on them with suspicion, and advised me not to do business with them.
Cross-examined by Taylor. I had no order from you other than that which came from Vincent.
By the JURY. No one has control over my goods but myself—when I am away from Bristol all orders are posted to me—W. A. Bott and Co. are my shipping agents in London, and hold goods on arrival to my order—I should send a telegram to them, and they would not cancel or
rescind an order except on hearing from me—in July I was in Scotland on business.
CHARLES HOWSE . I am manager to the Melton Sauce and Pickle Company, Melton Mowbray—on April 8th I received this letter from Haydon, offering his services as traveller—I replied, and then received this letter from him, enclosing as a reference a card of W. Borrows, baker, refreshment contractor, etc., of 63, High Street, Peckham—I believe I wrote to Borrows the same day—I got an answer from him, which I have not got—in consequence of it I wrote to Haydon, engaging him—he then wrote for samples, and on the 16th April he sent an order for goods for Borrows on one of Borrows' cards—we sent the goods to his address—we then received this order from W. Borrows, "The South-Eastern Grocery and Provision Stores, 2; Havil Street, Southampton Street, Camberwell"—we supplied the goods—at the same time we received this letter from Haydon (Stating that the quantity of pies named in the order would be required every fourteen days at 63, High Street, Peckham, and that he had sent an order for his other shop.)—I received other orders from Haydon for different people—after a few orders had come in we suggested that he should give us security, and collect money—he gave us the name of George Edwards, Victoria Dock Road, I believe. as security—the letter is lost—nothing came of it; we did not make the arrangement—I then received from him this order for A. Hennes, 73, Cottenham Road, Holloway—I executed that order—I received this letter from Haydon, of May 2nd (Stating that Borrows had explained matters to him, and giving an order from J. Edwards, provision stores, 140, Victoria Dock Road, Canning Town.)—I had not up to that time been paid for anything—I wrote to Borrows, saying that after we got cash for the first order we would send other goods—Haydon had authority to give a week's credit for pies and sausages, and a month for sauces—on May 5th I came to London to make inquiries—I telegraphed to Haydon, asking him to meet me at St. Pancras at 11.10—lie did not meet me—I had this letter from him next day (Stating that the terrain reached his house after he had gone out on his day's work, and saying that he need not send Borrows any mare goods.)—I had another order from Haydon for goods for Edward Parker, 50, Lordship Lane, and H. Ennes, 79, Stonebridge Road, South Tottenham—I supplied about £30 worth of goods-nothing was paid—I sent bills in to Borrows, Edwards, and Ennis, but got nothing—I never saw Haydon till he was in custody—I could not see him; all my dealings with him were by correspondence—on May 5th, when I came to London, I went and saw Hawthorne, of Loughborough Road, Brixton-Haydon sent an order from him-we got no money from him—I saw in his shop the sauce and pickles we sent, and that was the only stock I saw there-there were a few tables and forms—the police afterwards showed me at Scotland Yard some of my goods—Nightingale not a customer of mine.
Cross-examined by Haydon. We inquired about you through the Trade Protection Society, but not about all the customers you introduced—goods leave our place the same day as the invoice as a rule, and perishable goods of ten reach London the same day—I only made one personal application for money, and that was to Hawthorne—I did not know that he had a pension of £1 a week from the War Department—goods were supplied to him on April 22nd, 23rd, and 29th, and then having our
suspicions I called on him five or six days afterwards, and offered discount if he would pay then—I cannot say if I saw all our goods at his shop—I did not see the pies there—I don't know anything about Nightingale—we have been in business nearly two years as a limited company; now it has been turned into a private business—we had a previous traveller named Wrach; the majority of his accounts were good—I said if you would take up fifty £1 shares we would consider about your collecting money—you said you could not do so—I handed the police what letters I could find, but we only had a few—we paid you nothing; you were not entitled to anything until the accounts had been paid.
Cross-examined by Borrows. I do not keep a copy of all my letters—I quite remember having a letter of reference to Haydon, and I believe I could identify the writing of the letter. (Borrows here signed his name on apiece of paper, which was handed to the witness.)—I believe this signature is a facsimile of the reference, from what I can remember—I also had from you a reply to an application for cash, and a very interesting document—I remember making a remark to one of my directors as to the character of the handwriting at the time—we applied for payment about a week or ten days after sending goods—we send sausages off in the evening and they should be delivered in London the next morning—we never had any complaint from you as to delay—the pies are always made the same day that they are sent away—I remember no complaint about them—I don't remember calling at either of your places—the matter was put into the hands of the Trade Protection Society—I cannot say if they applied for payment before you were arrested on June 16th—I received no reference with your order—the goods sent to Havil Street were fit for a grocers' and provision merchants' as far as I remember, and those sent to High Street were fit for a restaurant—I only know from your card that you kept a restaurant there—I never remember seeing your premises—on all our invoices there is the word cash, which means a week for pies and a month for sauces—I had no complaint from you about delay in delivery.
Cross-examined by Hennessey. I don't remember having any communication from you—I had no reference as to you—goods were sent to you on Haydon's order—I do not remember any mention of bottles being found broken on their arrival, or of your asking for them to be taken back as very unsatisfactory—we did not write to you before taking out a summons, because we heard too much about you—we heard you were locked up—the Trade Protection Society would issue the summons—we heard it could not be served.
Cross-examined by Morris. You as George Edwards owe us £1 1s. for sausages and pies—half-crown of that is for a hamper, which was returnable—the order was to be repeated' weekly—we sent you one lot of goods—we sent you no explanation why we did not send more—I don't know that we have sent you a statement of account or applied for the money; it may have been placed with the others with the Trade Protection Society—you would have had the invoice before that—here is a copy of the invoice in the copying-book—I cannot swear it was sent to you—the name of George Edwards was given to me as security for Haydon—I cannot say whether we applied to you.
Cross-examined by MR. WARBURTON. Since the prosecution has been.
going on I had a letter from Nightingale, inquiring who were our London agents—I replied they were Messrs Major—next day I called on Major, and he told me that Nightingale had been to see him—Hawthorne's shop was in a large thoroughfare.
By Borrows. Sometimes we send our goods in tea-chests—I cannot say if a summons was served on you.
Re-examined. Nightingale wrote to us after he had been arrested—the total value of goods supplied to Hawthorne was £5—I was in his shop, perhaps half an hour, trying to get some money—I recognised no goods there except what I had supplied—there were a lot of goods round on the shelves—our goods were 3s. and 4s. 6d. a dozen—Hawthorne said he had had the place for a fortnight, and would do very well—I do not know what has become of him—I have not tried since then to get my £5.
By the JURY. I did not try to see Haydon after failing to secure the interview with him—a day or two after I wrote that unless things were put or a more satisfactory basis, we could not go on—I think that was the end.
CLEMENT MITCHELL . I am a tea merchant, at 132, Upper Thames Street—at the beginning of April I advertised for a traveller, and received this letter from W. Haydon—afterwards he called, and gave me this card of W. Borrows, baker, etc., High Street, Peckham, as a reference—I asked Haydon for another reference, and afterwards received this letter from him (This stated that if he required another reference he could refer to a person he had ¡represented, W. Bar ringer, Hieldwood Road, West Brompton.)—I wrote to the references; I received this letter from W. Borrows (This had a printed heading, and stated that he had known Haydon for some years, that he had represented him in the biscuit trade, and would be found industrious, a good salesman, and all he required.)—I also had an answer from Mr. Barringer—on the faith of those letters I engaged Haydon—he signed an agreement by which he was to have ten shillings a week salary and commission, and he was not to collect cash, or to receipt any invoice—the first order Haydon sent in was on 21st April, for three chests of Ceylon tea, to be sent to Borrows—before I delivered the tea I called at Borrows's, 63, High Street, Peckham, and asked him for a reference—he pulled his cheque book from his pocket, and said, "This is my best reference"—I said, "You don't sell much tea here"—he said "No; I want the tea for my other shop," and he handed me a printed memorandum form containing at the top, "South-Eastern Grocery and Provision Stores, 2, Havil Street, Southampton Street, Camberwell"—he said he did not want all of one sort of tea, but different prices, and I sent him samples—he gave me no reference—I received this letter from him (Stating that he had had better samples on better terms, and so he cancelled the order.)—my ordinary terms are two months, but I told him I must have a reference or cash—a day or two after that I received a letter from Haydon for goods to be sent to Mr. W. Owen, 136, St. James Road, Holloway, giving a reference to Fletcher—I wrote for another reference, because that was too far off, and received this letter. (Referring to J. Perry and Co., 191, Whitecross Street.)—I called on Perry, who gave a satisfactory account of Owen, and said he had done business with him for some time—I asked him to show me his ledger—he said, "If you won't take my word I won't show you the
ledger"—I left, and wrote to Owen that the reference was unsatisfactory, after which Hennessey called, and gave his name as Mr. Owen—I told him I should not supply the goods—he said, "You are too young to do business with me"—I wrote to Haydon about him, and received this reply. (Sending Mr. Hawthorne's name as reference for Owen, and a fresh order for two packets of tea, twenty-eight pounds each, to be sent to George Edwards, and referring to Ward and Co., 3, Barking Road.)—I wrote to Ward and Co., and got this reply (Stating that they had done considerable trade with George Edwards and always found him prompt in his payments.)—I then supplied Edwards with tea value £3 10s. 10d., and Hawthorne with tea value £1 6s. 8d.—Haydon paid me for that six weeks afterwards—about June 1st Morris called, giving the name of Edwards, and gave me an order—I sent 20 lb. instead of 30 lb.—I wrote to him several times for payment, and went to 139, Victoria Dock Road in June, and found the place shut up—after that I received this letter from Haydon. (Ordering a 14 lb. and 24 lb. packet of tea to be sent to Mr. Ennis.)—I sent it to the address given; the value was £2 3s. 2d.—I had no idea that Mr. Ennis was the same person as Mr. Owen, who I had refused to supply—I wrote soon afterwards for payment, and a man giving the name of Ennis called on me—I do not recognise him among the prisoners; he did not pay me any money—on June 13th I received from Haydon an order for 112 lb. of tea, to be supplied to Mr. H. Blackman, 44, Long Lane, Bermondsey, giving a reference to Mr. A. Oakley, of 6, Savage Gardens, Tower Hill—I called there, and was told he was out—I wrote to him, and received this letter. (Giving a satisfactory character to Blackman,)—I believed there was a firm of Oakley and Co., carrying on business at that address—I made further inquiries about Blackman through the Trade Society, in consequence of which I refused to do business—about 24th June I received an order for tea to be sent to Mr. Nichols, a grocer, of 2, Havil Street, Camberwell, but did not execute it—about May 4th I received an order for 56 lb. of tea to be sent to Mr. G. Staab, written on a piece of a flour-bag, and referring to Messrs. Marriage and Needs—I wrote and received a satisfactory answer, and sent goods to Staab value £3 10s. 10d., and on 16th May a further order for 28 lb. to be sent to Staab—I executed part of it—Staab did not pay—I called once and wrote—I took County Court proceedings, got judgment, and put in an execution, but there were no goods except what the landlord claimed for rent—I wrote to Haydon complaining of the character of his customer, and got this answer: "Gentlemen, I shall never be able to do a large trade the way you want it done"—I made other complaints to Haydon up to July 8th, when I received this letter. (Demanding his salary and commission.)—I next received this letter (From Haydon complaining that he had called three times for his account and no one could be seen, and had been to Stubbs and Co., who would take the matter up, and it would be published in the "Grocer. ")—I then received this post-card: "You can come down to my house, but I am sure to do you, but I intend to be paid, you are not dealing with a fool," etc.—I had paid his commission; I paid him more than was due to him—he was with me two months—I paid him 10s. a week and 30s. a week commission—altogether I received orders from Haydon amounting to £250, but only executed £56 of them, and out of the £561 have only received about £25.
Cross-examined by Haydon. I went to Mr. Borrows and Mr. Chester,
but not to Mr. Ennis—I did not go to Croydon—I had a reference with you to Mr. Low—I paid your salary up to the 4th.
Cross-examined by Barrows. I applied for a reference to you—I was not entirely satisfied, but I thought I would risk it—I acted on the reference you gave, and not being satisfied, I went down to see you—I asked you how Haydon paid you, and you said he paid cash—I saw packets of "Tit-bits" tea, at High Street—the place had the appearance of a restaurant—you appeared to be carrying on a general business, as far as I could see—I only sent you samples of tea.
Cross-examined by Hennessey, I understood that you were Owen—I spoke to you as Owen.
Cross-examined by MR. KNATCHBULL-HUGESSEN. I do not know that Salisbury carried on business there—I do not know Albert West—Hudson and Co., solicitors, never acted for me.
Cross-examined by Staab. Your reference was good, and that is why I sent the goods.
Cross-examined by Morris. I gave you two months' credit on the first lot—you said you would come in the afternoon and pay for the second—I do not recollect writing and telling you that, as you had not called, I should charge it as a credit transaction, and enclosing an invoice—I do not know whether Ward and you are the same person.
TIMOTHY RICHARDSON , M.R.C.S., stated that a witness named George Henry Cook was too ill to travel, and THOMAS BROCKWELL, Police-sergeant, stated that the prisoners had the opportunity of cross-examining Cook at the Police-court; but the COMMON SERJEANT declined to allow Cook's evidence to be read, as Holmberg was not then in custody, and had no opportunity of cross-examining Cook; but at a subsequent stage of the case the prosecution withdrew the 16th count as against Holmberg, and Cook's deposition was partly read.
JOHN FONTHEIM . I live at 52, Welclose Terrace, Leeds, and am sole agent to Crosby and Co., millers—I received letters from Salisbury and Co. in January, which I tore up-about January 26th I met Salisbury by appointment—he said that he had known the London trade for thirty years, and had been a miller; that he had been in America, and had the best connection possible to be obtained, and knew the market very well—I said that I only wanted to work with A. 1. customers—he said that his customers were first-class, and the best in London—he referred me to Charles F. Bean, 36, Seething Lane, and to a clergyman whose name he did not give me—I gave him a trial, and made inquiries afterwards—I did not engage him as traveller, but to sell for me—he introduced me to customers—I allowed him 4 1/2 d. commission per sack on all sales when they were paid for, and twenty-eight days credit—his address was 102, Gore Road, Victoria Park—he gave me this card in January: "H. Blackman, Bakery Stores, Camberwell February 1st. 10. X. X. as soon as convenient," and said that Blackwell was an exceedingly good customer, he had known him in trade for twenty years, and he had always paid—the goods were supplied on that order and paid for, £16 5s.—on March 2nd I had a verbal order from Blackman in Salisbury's presence for thirty-two sacks, value £51 4s., of which £26 14s. was paid on account on April 22nd by cheque, and at the same time he gave me an order for fifty sacks of flour in Salisbury presence, which was not executed—a cheque for £28 was post-dated and met—on 29th April he gave me another verbal order for thirty-two sacks; I did not
execute it—on May 4th I went and saw him at 30, Crown Street, Camberwell—he gave me these two cheques in Long Lane for £1 4s. and £25 in payment of the order of March 2nd—they were post-dated—the cheque or £1 4s. was met, the one for £25 was returned marked "Refer to drawer"—at the time he gave me those two cheques he gave an order for forty sacks, of which I executed twenty, coming to £29—he owed me £54 at that time—I went and saw him half a dozen times—the last transaction was on May 12th—I served a writ on him—he said he had paid Salisbury £10 for introducing him to me—I have not received the £54—on March 12th I received this letter from Borrows: "Dear Sir,—Mr. Blackman has highly recommended your flour; please send me two tons"—I did not execute that, as Salisbury had said that he was a swindler, and one of the "long firm"—on January 29th I received this letter from Salisbury. (Giving orders from Rice, Filkins and Webster.)—I executed those orders—Salisbury said that he had known Rice for a long time; he was very rich and was a millionaire—that order was executed on February 4th at 79, Wyndham Road, Camberwell—I called there on March 2nd, and Rice paid me the whole amount, £16 5s., and gave me a verbal order for thirty sacks—I sent ten, value £15 10s., and the other twenty on March 31st, total value £46 10s.—the £15 10s. was paid to our manager on April 14th; the remainder has not been paid—I received at the same time a verbal order for ten sacks at 30s., £15, which I executed—Rice owes me £46—I served him with a writ, and got two contributions of £2 each on account, leaving £42 owing—on March 2nd Salisbury introduced Staab to me, and said he was a millionaire and carried on business in Beck-well Street and gave me an order for twenty sacks value £ 12, which was executed on March 12th—at that time £54 was due to me from Blackman, £42 from Rice, and £32 from Todd, £1,400 altogether from Salisbury's introductions, on which I do not reckon for a farthing—that is from January to April—I gave him notice on June 12th—the total amount of orders he sent in was between £8,000 and £9,000, of which about £3,000 was executed; about £1,600 was paid.
Cross-examined by Borrows. When you wrote to me Blackman owed me money—I declined the order after I got the reference—I only wanted to give you the flour for cash.
Cross-examined by MR. HALL. This card marked XX means ten sacks—that was paid for—Blackman's next order was for four tons—I sent that and he paid me £25—I did not afterwards ask him for a post-dated cheque—he did not say that he was not able to pay the balance at the time—there was a fire at Jarvis's at the beginning of June, and Blackman's bakehouse was burnt, but not much, and only three or four sacks of flour were damaged—I went there after the fire and saw two bags of flour which had not been destroyed—the principal of our firm had an interview with Blackman, and offered him 5s. for the flour—Blackman did not say he could not pay in consequence of the fire; he got £100 from the insurance company, Salisbury told me—Blackman is one of the men who I thought was a millionaire—the meaning of that is a well-to-do man, I only repeat what he said—I once went there to see him, and his wife said he was out—she was a liar, because she hid him—I called again, and he said as soon as he got the money from the insurance company he would pay me—he never offered me £10 down and 30s. a month—he offered to fight me, and I said it was not my trade—I shook
hands with him with a writ in my hand and served him—Mr. Lees is my solicitor.
Cross-examined by Hennessey. I have always acted as agent in London, but was new to the flour business there—my principal place is at Leeds—I have had considerable dealings in flour for Ave years—I have made £50 or £60 bad debts—there was no partnership between Salisbury and me—my firm gave me 9d. on all sales, and I came to London and gave Salisbury 4 1/2 d., but only for a short period—it was to his interest even to introduce people who did not pay, because he got paid by them—I owe him nothing on the commission account—the agreement to pay him 4 1/2 d. is in a book at Leeds—it is not the rule in the flour business that the man who introduces business, only has the responsibility of the first order, or that all subsequent responsibility rested with me, nor was that agreed between me and Salisbury—I gave the Treasury a list of forty or fifty people introduced to me by Salisbury, non 3 of whom have paid—before this agreement with Salisbury I had one with Bean—I want £120 from him, and I can't get it—he gave an excellent reference to Salisbury—I had one transaction with Cunningham, of South Hackney, for £32, which he paid—it is not the fact that I have not had more because I gave him inferior quality—Kurts, of Hackney, was another, he had three loads from me—£40 or £50 has been paid since the prisoner's arrest on 1st August—I sometimes stopped in London a week—I called on every one of those forty or fifty people, but could not find some of them—some of them had three or four deliveries—I did not form, my own judgment as to supplying second deliveries, I asked Salisbury; but I wrote to all the customers—the payments were to be sent to me, and to nobody else—on the top of the invoices it stated that all payments were to be made to me, or at Leeds—Peace is an instance in which Salisbury received money.
Cross-examined by MR. KNATCHBULL-HUGESSEN. About February Ainsworth came up to see how the business was getting on, and went with me to Salisbury to visit about nine or ten of these customers—I did not hear that he expressed himself as thoroughly satisfied with the business introduced by Salisbury—we went to the Alhambra—the first delivery of ten sacks to Rice was paid for—the second delivery was paid to Ainsworth for our firm—he forgot to pay the third delivery—I did not agree that he should pay by instalments—he paid me two sums, and after I served him with a writ he paid me nothing—I served him with a. writ of £44, and that morning he gave me £2 and left £42 owing—I went on with the County Court proceedings; they cost me about £30—I got judgment against him—after Rice paid me £16 for the first lot of ten sacks, I must have gone to see him—it was not on my own judgment that the second lot was delivered—I left it to Salisbury's honesty—at the time Rice paid me he gave me an order through Salisbury—I daresay I went to see him before—you cannot tell by a shop whether a man has a genuine business—Blackman paid for the first lot—he had another lot—I saw him once, or perhaps twice, between the two deliveries—he was very deceitful—I continued to supply him—Mr. Beane did not give him a character—he might have done so after we communicated our affairs—Blackman never gave me any reference—Blackman did not say that he had been dealing with Salisbury in the flour line, and that he owed him an account of £8 or £9—I will swear
he said, "I paid Salisbury £10 for the introduction"—he did not say that Salisbury would not give him an introduction before he paid off what he owed—Salisbury saved us from loss in Borrows' case; he could not get anything out of him—he prevented us delivering flour to Borrows, because he would not give him a £5 note—when I returned from Hamburg, about the middle of April, I found I was in a "long firm" fraud—I did not after that continue to deliver flour in large quantities to people in the "long firm"—the last order I gave to Blackman was May 12th; that was a month after I came back, but I was not convinced at first—I went another journey, and then I was quite convinced it was a "long firm," and stopped delivery—it was about the middle of May I found it out—I did not supply Querty and others after that date—I did not think Beane was one of them—Hammond has vanished—his order was in July—he owes me £64—we did not deliver to Querty; we stopped it, I think—we had not discovered all the customers in May—Salisbury introduced about fifty, and I thought five or six were good, but they were all bad; there was not one good one worth a rap—I did not leave off my connection with Salisbury because he refused to take a reduced commission of 3 1/2 instead of 4 1/2 per cent.—I did not wish him to do so—I am still in the employment of the Leeds firm.
Cross-examined. by Rice. I have supplied you with about fifty sacks altogether—on March 2nd, thirty sacks were sold to you through Salisbury—Mr. Ainsworth came to see you on two occasions—you paid for the first lot £16. 5s. to me, and £15 10s. for the second lot to Mr. Ainsworth, and you then bought ten sacks—I made a contract with you for ten sacks, and you paid Ainsworth for those and gave him an order for ten sacks—Ainsworth did call on you—I don't know if you told him that some of the customers were no good—Ainsworth did not say anything of it to me; we should not have delivered any more flour if he had—I said when you ordered ten sacks that I should not supply any more through Salisbury; that you made mischief—I never heard any warning against Richards or Webster from Crosby or Ainsworth—I did not tell Salisbury or Blackman that you were a deceitful man, and had told Mr. Ainsworth that I had warned him against customers—I think once you accompanied Salisbury to Blackman's shop in Long Lane, when I stood outside the door—I daresay I treated you to cigars and brandy and water—Mr. Crosby might have called on you, I don't deny it—I don't know what took place—the last payment I took from you was £2—I served you with a writ in the street—I don't deny I was fond of a glass—I might have seen eight or ten sacks of flour in your shop once; you might have had plenty there—I did not want you to buy more, and you did not say you had no room for more—you had three shops, I understood, at Forest Hill, and Camberwell, and Hackman Street.
Cross-examined by MR. KNATHBULL HUGESSEN (for Staab). I don't know for certain if Staab's order was given to me—he did not tell me that he could not pay just at once—I should not have taken it if he had—he did not sell his old shop; it went into someone else's hands—I do not know that he was trying to sell it—he told me several times after the delivery, after I applied for payment, that he was bankrupt—I only knew he had one shop, at 60, Beckworth Street, Walworth, where I sent my flour—
he said he had only that shop—I have been to the shop at Lower Marsh—all the fittings there looked new—it did not look as if much money had been put into it—perhaps a £5 note.
Re-examined. Pietz was a customer Salisbury introduced—he owes us £40—Salisbury had no authority to receive money from Pietz, or to take from him a lease of his premises—I did not then know he had done so—I knew nothing of Rice haying anything to do with Pietz's lease, or obtaining £10 from him—I did not authorise Rice to obtain money from him, nor did I authorise either Salisbury or Rice to represent that the lease of his premises was with the firm at Leeds as security—I did not know it till a considerable time after the prosecution had begun—I think I saw both Staab's shops; I cannot say for certain.
CHARLES LEANE . I live at 9, Canon bury Street, Islington, and am. manager to John William Coz, of Tooley Street, wholesale provision merchant—in February we advertised for a traveller having a sound connection, and in reply we received this letter from Taylor. (In this he offered his services, and gave a reference to Mr. Bowles, with whom he had been for some years.)—we replied, and he called and saw me and Mr. Cox—he said he had a sound connection, and gave as reference the name of Kemper and Co., of Purser's Cross Road, Fulham. (Mr. Gill stated that this was Holmberg)—we communicated with that address and received this reply. (This stated that Taylor was a steady, energetic young man, with whom they had never find any fault; that he had been with them a great many years, and they had always found him honest; that his customers were very good, but some of them took two months' credit, and that they had a very good reference with him from Bowles.)—on the faith of that Taylor was engaged as traveller without further inquiry—he was to receive £1 a week wages and 2 per cent, commission on provision trade, and 1 per cent, on canned goods—he was told to do business with sound people at one month's credit—on February 24th he sent this order from E. W. Owen, 136, St. James Road, Holloway—that was executed—on 1st March he sent an order from J. Berry, 191, Whitecross Street—after that we received a number of orders from Berry through Taylor, which we executed, believing he was doing a genuine business—in June we had la communication with Holmberg, Lund and Co. with regard to Berry's account, and received this letter, headed Wilton Chambers, Vauxhall. (This stated that a gentleman had called about Mr. Berry, and seemed contemplating partnership with him, and that he would very likely call.)—after that. orders were sent in for a Mr. W. R. Jackson, 135, Lower Marsh, Lambeth, and goods were supplied to him in the belief that he was doing a genuine and bona-fide business—I also received orders for goods for Jackson to be sent to another shop at Surrey Street, Croydon—I had these memorandum forms, describing his business as W. R. Jackson, provision merchant and butterman, 135, Lower Marsh, and Surrey Street, Croydon—during the same time I received orders through Taylor for Mr. Vincent, of 206, Lower Road, Deptford—I did not know that Taylor was carrying on that business—I twice supplied goods to Homberg, Lund, and Co., at Wilton Chambers, Vauxhall Bridge Road—I had no idea that they were the people who had given me the reference to Taylor; I believed they were carrying on a genuine and boan-fide business—I expect altogether the value of all the orders sent to me by Taylor, and executed, was
£2,000—he sent I a orders from February to June—the loss to us on that trading was about £900, I think—apart from customers introduced by Taylor. Morris obtained goods from me in October, 1891, to the value of £53 7s. 11d.—he called and said another traveller of ours had supplied his father—we trusted him—he said he was carrying on business at 152, Balls Pond Road, Dalston, and I believed he was carrying on a legitimate business there—he said he only wanted fourteen days' credit—he never paid anything—I pressed him from time to time—when I could not get the money I went in December to look at the business at Balls Pond Road, and found the place shut up—when I came to the Police-court to give evidence against Taylor in this case I saw Morris in the dock, and I also recognised Borrows, whom I knew as Stone, in which name he had got goods from me in 1891—I believed he was carrying on a genuine respectable business at 62, High Street, Peckham—he came there from 9, The Parade, Hanwell, where we sent goods to him to the amount of about £10—he did not pay—he was sued, judgment was recovered, execution was put in, and then he said the proprietor of the shop was Borrows and he, Stone, was only the manager—the sheriff's officer was afraid to stop and the execution was withdrawn—I never got my £10—Jackson gave me a cheque for £35 8s. 10d., dated June 11th, 1892, and got a receipt for the goods he had had—the cheque was paid in and returned marked "Refer to drawer"—on or about 30th July I received this letter from Taylor. (This gave as an explanation of an enclosed cheque from Vincent being signed by himself, that some months ago he had joined Farrant's brother in the business which was carried on in his wife's name; that he had found Farrant's brother was constantly getting drunk and getting rid of the money, and in consequence he had been carrying on the shop himself for a few weeks; that he had paid some of the money due from him, and hoped with a little indulgence to pay off the whole amount.) The first order from Vincent was April 6th, 1892—after deducting the £5 he enclosed in the letter, his indebtedness was £77 odd—Jackson's indebtedness was just over £200, and Berry's £200—the first I heard of Vincent being the same man as Taylor was from this letter—Berry, Jackson, and Vincent together owe over £500.
Cross-examined by Borrows. We had a traveller named Cotton—he is not with us now; he sent your order in—he said you dealt in confectionery and bacon, and we were satisfied—we ascertained from him that you had moved from Hanwell to Peckham—we applied there for payment—I saw a young lady behind the counter and a little girl—I did not see you—Cotton called once before we summoned you—I believe he saw you; I was not there—at the County Court you offered £2 a month—counsel said you were in a good way of business—in answer to the Registrar you said you kept one man and a boy, and he made the order £2 a month, which you agreed to, but did not pay, and after that execution was put in—the solicitor came several times and saw us about it, and we had to pay the expenses of the execution—you admitted before the Registrar that the shop was yours; but we understood, between that time and the execution, that you had sold the shop to a manager for Borrows, which was the name on the shop—there was also on the shop "Turner's Restaurant; Borrows, proprietor"—it was not painted on the door the first time I came.
Cross-examined by Hennessey. I believe no reference was given with Owen's order—I supplied no goods to the name of Hennessey—we should have taken it as a genuine order if it had been given in the name of Hennessey instead of Owen.
Cross-examined by Jackson. The first goods sent to you were on 11th March—from March to June you paid us £29—on every account the total amount of cash you paid us was about £400—you owe us now over £200—you have paid for nearly all the goods you ordered through Taylor—on June 4th you called and bought goods yourself—we were perfectly satisfied with the account at that time—I did not press goods on you; you came and wanted them—we gave you a reference to another firm because at that time you had paid us all right.
Cross-examined by Morris. The account you owe us was some months prior to our engaging Taylor—it had nothing to do with any of the other prisoners—I was in the warehouse on two occasions when you bought goods—goods were sent to you on three separate occasions—before I saw your shop shut up I had been on several occasions, and found it open and business going on, and I have had conversations with you—you asked me into your parlour once to explain about the bills you wanted discounted—I saw a very small quantity of goods at your place—you offered to pay cash in fourteen days—the invoice might have had the words "2d. in £ given for cash within fourteen days; 1d. if one month, and interest charged on all overdue accounts"—a few invoices were sent out like that—you came to buy goods—I did not press you to buy; I let you have what you wanted—I cannot remember if I allowed you 2s. a cwt. less if you would take a parcel of eleven cheeses—two bills were mentioned—I and Mr. Cox asked you to leave them as security—you did not, as you said you were going to get them discounted, and would bring the money over—I met you in Balls Pond Road—you said you were going to a solicitor—I agreed to take the bills as security for your debt—you said one was due in about a week, and then you said you could not get the money; but we never saw the bills—you made an arrangement, if you got the cash, to come to our office or else to bring the bills—I have not ascertained that the bill was dishonoured—I have not heard that in consequence of it your shop was shut up—I lived about ten or fifteen minutes' walk from your shop—the first time I called was for money, after the fourteen days had elapsed.
Cross-examined by MR. PIGGOTT. I am paid by salary only—Bowles is the only reference mentioned in the letter from Taylor in reply to the advertisement—Bowles are provision merchants in a very large way of business—I did not inquire of them about Taylor—I do not know that he was employed there—I should not have engaged him myself if I had known he had a small shop—it might not have prevented our engaging him if we had made arrangements—I should not think we received £3,000 through him—the amount of indebtedness on the business he brought us was about £900—I said £700 at the Police-court, but I have added it up since—Mr. Cox altered that note on the invoice about charging interest on accounts overdue when we tried to get shorter credit—we did not give longer credit than one month; we expected the money then—Mr. Cox wanted to get it down to fourteen days—our business
is not very large—sometimes we make bad debts—we bad not made £1,000 bad debts in a year till this happened—Berry paid us £49 on 30th March for goods he had on 2nd March—then he ordered more goods, and paid us £28; and he ordered more goods, and paid £23; he paid over £100—Jackson paid nearly £400, and left £200 unpaid—all the orders we had from Taylor were not written orders from the customers themselves—Vincent and Co. paid us one amount of £29—when we pressed for money before these proceedings were taken Taylor wrote the letter that has been read, enclosing so much on account—he has paid £15 beyond the £29—we are customers of Trengrouse, who are very substantial people, and people we should deal with—we proved in Lincoln's bankruptcy for £194—he was one of Taylor's customers.
Cross-examined by Mr. Hope. We have had two transactions with Holmberg—he owes us £45.
Re-examined. I have no experience of a traveller introducing customers who made so many bad debts as in this case—Taylor came on the representation that he had been in Van Kempen's employment; he only said he had been on the quay for them, and that their business was butter and margarine—I believed they were doing a real business—he said he knew Berry was a good man with a good trade—he was asked about all the accounts—he said Vincent was a good man—he said Holmberg, Lund and Co. were very large shipping people—Holmberg came to my place—after we had trusted Morris we communicated with Cotton, and received this letter from him—if Jackson had not paid us from time to time we should not have allowed him to get into our debt as much as he did—his £200 debt was incurred at the end of May and June—the last order given by Jackson was on June 24th; the last good payment by him was on May 25th, when he paid £29 7s. 11d.; he then owed just over £100 in addition—that was the gross; the other was incurred between May and June—the last order given for Jackson through Taylor was on May 25th.
OLTVER DUXBURY . I am clerk and traveller to the London Fruit Preservers Company, 12, Idol Lane—about November 6th, 1891, I received this letter (From William Garland, 30, Crown Street, Camberwell, asking for a price list.)—I called with samples and saw Harland, who I know as Garland—he selected goods to the value of £8 16s. 8d., to be sent as soon as possible, as he was going to open another shop—the terms were net cash—I sent the goods on the 10th, and called a few days afterwards and found Jarvis there—I asked him where Garland had gone—he said he did not know; he had paid Garland £30 for the shop—he selected goods to the amount of £3 2s. 1d., but only £2 9s. 1d. was sent for net cash—I called and wrote several times for payment and received this letter from Blackman (Promising to send the money as soon as possible.)—I did not get it—on December 3rd, 1891, I received a post-card from Garland, of 13, Neckinger Road, Spa Road, Bermondsey, and saw him there—I asked him for the money he owed mo; he said he would pay me the following Friday, and gave me another order for £1 1ls. 5d. which I sent—I called on Friday and again a week afterwards, but got nothing—it was a baker's shop; there was a woman there, and a man they called the manager, and Garland—a few days afterwards. I saw the shop shut up—on 27th January I received this letter from Borrows, of High Street, Peckham. (Requesting him to send
for orders,)—I called and showed Borrows some goods—he selected some to the amount of £15 7s. 9d. for net cash—he said he was making a lot of alterations and was doing a good trade, and would be able to pay in a very short time—that was January 28th—he had not opened the shop then—he gave me as a reference Mr. Symonds, 120, Vestry Road, Camberwell—I called there and saw Borrows—he said that Symonds was in the country, and would be back in a few days, and he would write—I executed the order on February 6th without seeing Symonds—he said he could not pay cash because it was a new shop, and on 15th February he gave me a bill for £15 17s. 9d., and on the same day another order for £6 11s. 5d.—he said he expected Symonds back and I should have a letter from him—on February 8th I received this letter (From E. Symond, giving a very favourable character to Borrows.)—I executed that order, and called on Borrows for payment—he still made the excuse that the alterations were going on?—on February 29th he gave me a verbal order for goods value £10 12s. 5d., on 2nd March one for £1 16s. 6d., and on 14th March one for £4 1s. 9d., and 16th March £1 17s., which were executed—Borrows gave me a bill for £15 7s. 9d. on February 7th which came due on 24th March, and on March 23rd he called on me and gave me a £10 cheque on account—I gave the bill back to him and he gave me these two bills, one for £15 1s. 7d., which would become due on May 1st, and one for £14, which would become due on May 12th—he gave me on the same day another order for £3 1s. 6d., and on April 1st another for goods amounting to £4 0s. 11d., and on April 8th an order for £4 0s. 8d.—the £10 cheque was not honoured, we had to present it twice—the first bill became due on May 1st, and Borrows called and gave me a cheque to take it up with—I returned the bill to see whether the cheque was accepted, and it was returned marked "Refer to drawer"—before I presented that bill Borrows gave me another order, but it was not taken—I received this letter from Borrows. (Stating that he found the cheque had been tent back, but requesting them to present it again, when it would be met and giving an order for 14 lbs. of dedicated cocoanut.)—I presented the cheque again and it was returned—I presented the bill for £14 and it was not paid—Borrows still owes us £43 3s. 10d., he has paid nothing but the £10—we got a judgment against him and put an execution in his shop 63, High Street; but the landlord took possession of all the goods, which were worth £20—our claim was £25.
Cross-examined by Haydon. When you gave me the bill on the 6th the shop was open—it was a six weeks' bill.
Cross-examined by MR. HALL. I saw Garland first and got an order, and saw that Jackson was carrying on the business—the shop was well stocked—I asked Jackson to give me an order, which I accepted, trusting to what I saw in the shop—he gave me no reference—it was for £8 18s. 7d.—I sent him the full value—he paid nothing—Blackman owes me £2 9s. 1d.; he never gave me any reference.
Cross-examined by Harland. By "cash" I mean payment on delivery, not at a month—this is the first time I have heard that—it did not take a month to send them in.
GEORGE COWDY SMITH . I trade as John Cuttley and Co., tea merchants, 80, Fenchurch Street—on 15th July I received this letter. (From W. Borrows, of Peckham, stating that Mr. Lees had called on him and asking
for samples of tea.)—I sent him samples, and on the 18th I received an order for tea value £6 10s., which I tent with an invoice for fifteen pounds of Cattawatti tea at 1s. 5d., that is our trade mark on the leads of the packages, registered at Somerset House—it is Ceylon tea; no other firm uses that mark, and I identify this package (produced)—I have not been paid—Borrows' shop was shut up before the credit expired—I have not supplied any tea to Nightingale.
Cross-examined by Borrows. You were to have two months' credit—I have not had any tea back.
FRANCIS CELLA . I am in partnership with Cesar and Angelus Salmi, egg merchants, of 23, Hop Exchange, Southwark—on 6th July Jackson called on me and ordered five cases of eggs—I asked him for a reference—he gave me Mr. Hirsch—I was satisfied, and gave him the order—after that his communications were with Mr. Foulkard.
EMIL FOULKARD . I am clerk to the last witness—on 15th July Jackson called at his office, and handed me this crossed cheque for £19 5s., and ordered another five cases of eggs, for which I gave him an order—I paid the cheque in on the Saturday—on the Monday morning, about half-past ten, a man presented this order from Jackson for five cases of eggs; that was before the cheque was cleared—I gave the delivery order to the man—this cheque and another were both returned dishonoured—they were on different banks—we have been paid nothing—the total value of the goods he had was £57 15s.
Cross-examined by Jackson. I had a letter from you, saying your cheque would not be paid, but it was a mistake, and you would pay in a few days. You called and gave me a second cheque in place of the first—that was dishonoured, and I thought the thing was lost, and let it go.
BERTIE SIMMONS . I am a tea merchant at 11, Idol Lane, City—I advertised for a traveller in the beginning of April, and about the 4th April received this letter, signed "E. Symons," giving the address "120, Camberwell Road"—a day or two after I received it a man called upon me—I asked him for a reference, and he gave me this card—"W. Borrows, High Class Confectioner, 63, High Street, Peckham"—I wrote to Borrows, and in reply received this letter. (This stated that for many yean he had known Symons, who had represented him for biscuits for tome time to hit satisfaction.)—I wrote to Symons, and engaged him as traveller, believing the reference was genuine—on 20th May I received from Symons an order for 20 lb. of tea, to be sent to Staab, Lower Marsh; and on the same day I received another order from Symons for Jackson, Lower Marsh and Surrey Street. (A note at the foot of the last order stated that the terms were one month, net)—on the 16th June I had another order from Symons for Jackson, Lower Marsh—I asked Symons for a reference before executing that, as it was a larger amount than the first had been—he gave me Holmberg and Lund, Vauxhall Bridge Road, as a reference—I wrote to them, and received this reply. (This was to the effect that they knew very little about Jackson, but had had a few transactions with him for small amounts which had been paid.)—on the 22nd July I received another order from Symons for tea, to be delivered to H. Rice, Woodvale Road, Forest Hill. (The letter stated that Mr. Rice would open this shop in a few days, and that he had been in his present shop for some time.)—I went to Wyndham Road, Camberwell, and saw Rice there—I afterwards wrote to him, and received this reply, enclosing this card of C. Oakley and Company, flour
factors, 6, Savage Gardens,. Tower Hill—I called there and saw Salisbury, whom I knew as Oakley—I asked him about Rice, and showed him the card—Salisbury said Rice was good enough for £25 to £30, and that he received from £20 to £25 a week from him—he wrote this and handed it to me: "We consider Mr. H. Rice, Camberwell, to be quite good enough to credit to the amount of £20 to £80"—we afterwards sent goods to Rice at Forest Hill to the value of £3 15s.—about July 27th we received this letter from Symons, for goods to be sent to James Marshall, grocer, 2, Havil Street. (The letter stated that Marshall had just bought this business, and had been for four years and was engaged at a brewer's, and was respectable.)—I wrote to the brewers mentioned in the letter, and received a reply—I did not execute the order—about 9th August I received another order from W. Harland' and Company, provision merchants, 56, Oakfield Road, Penge—I made inquiries, and aid not execute that order—the orders we executed through Symons amounted to something over £100—we were paid between £50 and £60 out of it—Staab paid nothing—I have had Rice's goods back through the police—Staab, Rice, and Jackson paid nothing—the £50 or £60 that was paid was by persons unconnected with this case—I issued a writ against Staab, obtained judgment, and put in an execution at 33, Lower Marsh; but the landlord was there already, and I had to go out—I have seen a fair quantity of bread at Staab's at times—the goods I got back from Rice were through Sergeant Williamson.
Cross-examined by Rice. You had three months' credit—the goods were not even unpacked when they were sent back to me—I got them all back.
Cross-examined by Borrows. It might have been a fortnight after receiving your reference that I started Symons—I was not quite ready for him—I made no further inquiries—I do net belong to the Trade Protection Society—I received no orders from you.
Cross-examined by MR. K. HUGESSEN. I have a faint recollection that Staab told me he was expecting to raise money on his house in a few days, and would pay me then—I think it was in arrear more than ten days when he was arrested—I cannot say if it was more than a fortnight—he owed me £3 5s.
Cross-examined by Jackson. You called at my shop once in the morning—the tea was delivered in May, and the money would be due in one month—you used the tea.
Cross-examined by MR. HOPE. I did not consider Holmberg and Lund's reference for Jackson very satisfactory, and did not send the goods.
CHARLES BEANE . I am a flour packer, of 36, Seething Lane, and the Corn Exchange—prior to November, 1891, I had known Salisbury—in November, 1891, I had a conversation with him—he was in my debt—I went and found him in great distress—he said his wife was dead, and that the last two things he had promised her were to give up drinking and pay me back—he said he was going to get me the best customers he could to make up for previous losses I had had through him—he afterwards introduced Rice to me, saying he was a very good man—about November he gave me an order for Rice—this was Rice's card, which Salisbury gave me: "Henry Rice, wholesale pastrycook and confectioner, Wyndham Road, Camberwell"—I supplied Rice with
various orders from November, 1891, to the 30th May, 1892, to the value, altogether, of £120 12s. 6d.—of that he paid me £70 5s., leaving a balance of £50 7s. 6d.—in January Salisbury brought Mr. Fontheim to my office, and asked me to buy flour from Fontheim—I never asked Fontheim about Salisbury's position—I never got the balance from Rice—Salisbury told me if I would wait Rice was taking a fresh shop, and would be able to pay me—on the 15th of January Salisbury brought me this card; "H, Blackman, The Crown Bakery and Confectionery Stores, 30, Crown Street, Camberwell"—Salisbury said he was a very good man—Blackman gave me various orders from January to May, in all amounting to £107 12s. 6d., of which £64 5s. was paid, leaving a balance of £43 7s. 6d.—I tried to get the balance, and spoke to Salisbury about it repeatedly—he said it would be all right presently, because he was getting some money from the country—I got none of it—later in May this year Salisbury came to me about getting flour for himself—he said his arrangements with Fontheim were over, and he was setting up for himself, and he began giving orders, and took delivery orders from me—I do not know where the flour went to—I supplied him up to August—altogether he had £987 worth of flour—he paid me £594, leaving a balance owing of £393—I have not got a penny of that.
Cross-examined by MR. CLARK HALL. I heard that Blackman had a fire on his premises, but before that I could not get my money—there was a balance due in March—I know nothing about flour being destroyed in the fire.
Cross-examined by MR. K. HUGESSEN. I was on friendly terms with Salisbury for some time—I think he was not actuated by a right motive—I knew he was trading as Oakley and Co.—he brought a pocket ledger in that name to my office, and he introduced certain customers who were dealing with him to me—in two cases I found out that they had dealt with him as Oakley and Co.—I knew several of them, but not before opening the account—I gave a reference for Blackman myself for tea Salisbury and Fontheim were always together when I did business with Fontheim; I paid him everything—Fontheim came to me when anything was ordered, I think—I bought £300 or £400 worth, I think, from Crosby and Co.; of that I have owed about £100 since June—I think I have not been pressed for payment—I have not compounded with my creditors—I have told all those to whom I owe money the circumstances, and asked for time—in consequence of the bad debts I have made through this case I have become embarrassed in business—it is through the bad debts I have made through Salisbury.
Cross-examined by Rice. I owe Mr. Whiteside money—I asked you to introduce me to Little boys, and they supplied me with twenty sacks, I think—in July you came and bought some flour for cash, I would not let you have anything without; but you have paid me nothing off the account since 11th April—Salisbury said you were going to make your shop over to him.
WILLIAM WICKS . I am a traveller to Mr. Hirsch, of the Hop Exchange, Southwark, importer of eggs—in May this year Jackson called, and asked to be supplied with eggs, and showed me his trade card, which described him as of 135, Lower Marsh, Lambeth, and 40, Surrey Street, Croydon, provision merchant and butterman—I believed he was carrying on a genuine business at those addresses—I got a reference, and in
addition to that I formed my impressions—he gave me an order for five cases of eggs, which came to £14 14s. 8d.—on the 13th June he paid that, and gave me another order, which was executed and paid for—after that he gave me an order for ten cases—altogether he had goods amounting to £90, and he owes me now £66—while he was ordering from me he introduced Taylor to me as Vincent, a person carrying on business as a provision merchant at Deptford Lower Road, Rotherhithe—I supplied him, and on the 9th July he ordered another five cases—on 27th July he gave me this cheque for £15 1s. lid., which was dishonoured—he owes me now £15 1s. 11d.—I got nothing as regards the last transaction—Jackson gave me two cheques, which were dishonoured—Jackson did not buy largely enough, having two shops, to retail to other businesses—after I had had his two cheques dishonoured I saw him on a van with another man in the Crystal Palace Road, going in the direction of No. 207. Nightingale's—I saw my own name on some of the cases in the van. and some cases of Mr. Anselmie's—the van stopped at the Crystal Palace Tavern—I went up and asked Jackson for the payment of my account, in the first place, and then I asked him what he was going to do with those eggs—he said he was going to Sydenham with them, but he would be back at the office at twelve o'clock, and he would see Mr. Hirsch and settle with him—the tavern is about two hundred yards from 207, Crystal Palace Road—I sent my man several times to try and get payment from Jackson—I believe after a time the shop was shut up—after the arrests were made I went to 207, Crystal Palace Road with the detectives—in an outhouse I saw one of my egg-boxes—I identified it by marks—I had never supplied Nightingale with eggs, nor has Mr. Anselmie, as far as I know—it was about the 13th July that I saw this van in the Crystal Palace Road.
Cross-examined by Jackson. Tour cheque was banked a second time—I satisfied myself as to Mr. Cox's reference—you said that Taylor was a friend of yours—he did not buy eggs on the first occasion—after seeing your second or third lot he wrote to me—I did not recommend you to the firm of Anselmie; you asked me where you could get Italian eggs, and I said there was Anselmie next door.
Cross-examined by MR. PIGGOTT. I am not paid by commission—my firm makes very few bad debts—Jackson said that Taylor was Vincent, and I only knew him as Vincent—I never asked Taylor for an order—the first cheque I had from Taylor was honoured—he stopped the second cheque—I waited, before sending his last order, till that cheque came back—I made no inquiries about him.
Cross-examined by MR. WARBURTON. I do not think I noticed any tea leads at Nightingales place—5s. 3d. for wholesale price for "F. G." eggs.
FREDERICK SHEATHER . I am a soap manufacturer, trading as Stapleton and Co., at 71, Robsart Street, Brixton-about the beginning of April I advertised in the Daily Telegraph for a traveller—I received this answer from Symons—I answered the letter and received this letter in answer—I engaged him as traveller—I had no reference with aim—I was rather taken with his personal appearance—on his introduction I executed three orders to James Marshall, 2, Havil Street; H. Rice, 122, Woodvale Road; and W. Harland, 56, Oakfield Road Penge, the value of those orders being about £6 3s.—I was paid none of that—after executing
Harland's order I received a letter from Symons, saying that he had some doubt as to Harland's stability—I have applied for payment to Rice and Marshall—I did not apply to Harland because I was informed he was arrested—I believed in all those cases that a genuine business was being carried on.
Cross-examined by Borrows. I was highly pleased with Symons; I thought he would make a very good traveller indeed—I did not see Marshall at Havil Street when I applied for the money—the reply was "Only at home in the evening. "
Cross-examined by Rice. You gave me no order to stamp your name on the soap—it was sent to you on July 25th—I have not got it back; we were instructed to send our carrier for it; but they would not deliver it to him.
WILLIAM WEBSTER . I am a flour factor, of 100, Corn Exchange—in February of this year I served Staab at Long Lane with flour—I began to serve him about two years ago—he has not paid for flour he bought in May and June—I have no doubt I served him with five sacks of flour in February; but my book is not here, and I cannot swear it—the evidence I gave at the Police-court is correct—I had not my book then—before serving him in June I had served him with flour, and had been paid—at the time he was paying, Mr. Stimson, the house agent, wrote to me about Staab in connection with a reference to Staab, who proposed to take 33, Lower Marsh Road, for which Mr. Stimson was the agent, and I gave Staab a reference—Staab had paid me what he owed up to that time; and, so far as I knew, he was an honest hard-working man—in June I served him with ten bags of flour to the value of £8, and two sacks besides—he did not pay for them—in June and July I received altogether three orders from him, which he did not pay for, amounting altogether to about £18 17s.—I masked him for the amount—he said he had to pay his rent, and he would pay in the course of a week or so—I have not been able to get that money—the flour was delivered at the Lower Marsh shop—Salisbury came to me this year, and said he was connected with a flour business carried on in the name of Oakley and Company—I thought from the way he spoke he had great interest in the business—he gave an order for about twenty-five sacks for Oakley and Company, which was paid for—he afterwards gave an order for fifty bags, which we did not execute, because the cheque he had paid for the previous flour was returned—it was presented again, and-paid—Salisbury introduced us to Rice, saying he was a respectable man that I could do business with in country flour—Rice gave us an order for ten sacks of flour, which he said were not wanted directly, and I was to see him again before I delivered it—it was not delivered—I knew Blackman, or Jarvis, through his sister, Miss Lompard, owing me money—Jarvis said that he would see the debt of £30 was paid, and in consideration of his guaranteeing that he asked me to supply him with flour at 30, Crown Street, and he would pay cash—I supplied him with flour at 30, Crown Street, and also at 44, Long Lane, Bermondsey—I did not get all the £30 his sister owed me—he paid for the whole of the goods I supplied him with—it was merely a verbal promise to pay for his sister.
Cross-examined by MR. CLARKE HALL. I should think we hardly sold
so much as £75 worth of flour to Jarvis—I went to his shop—the name of Blackman was over the door—so far as I knew it was a genuine and bona-fide business at both his shops.
Cross-examined by MR. K. HUGESSEN. When I called on Staab he showed me a letter from a person who was going to advance him £50 on his lease, and he said he would pay me out of that money—I have never complained of Salisbury—he has paid me everything except a sovereign.
Re-examined. Blackman was the name over both of Jarvis's shops—I understood that he had taken the shops of Blackman and the name remained; that is often done.
JOHN PIETZ . I am a baker, and formerly carried on business at 264, Brick Lane—I knew Rice as a baker—he introduced me to Salisbury—I gave Salisbury an order for twenty-five sacks of flour, which was to come from Leeds—Salisbury took a lease of my premises from me—I gave Mr. Rice ten guineas on account of the flour—before that Salisbury had £2 5s. of me to pay to Crosby off the account—Rice asked me for money as a commission for introducing Salisbury, and he had 16s. from me—the lease which I gave to Salisbury as a security I afterwards got back—I wanted to sell the shop, and I told Salisbury he should bring the lease back, and he would have the money—he did not bring it back, and then I saw Rice, who said he would come and see me about it next Monday—I was not at home when he came—he asked my missis for ten guineas—that was paid to him for the lease which Salisbury returned to me.
Cross-examined by Mr. K. HUGESSEN. I had seen Salisbury two three times before; I had had no dealings with him—he had been in my shop two or three times—I did know him before the 16s. was given for the introduction—when Salisbury asked me for my lease he was trying to get me to give an order to the Leeds firm, and I gave it to him as security with the order—I took this receipt for the lease: "Received of J. Pietz the lease of his house as security for twenty-five sacks of flour"—I gave that back when he gave the lease up—all the dealings I had with Salisbury were on account of Crosby and Company, of Leeds—the flour was delivered to me from Crosby and Company with a letter—there was a statement that all accounts were to be paid direct to the secretary or Mr. Fontheim at Leeds, I fancy, but I paid £2 5s. to Salisbury on account, because he asked me to—I did not know Fontheim—I took no receipt for the £2 5s.—I paid another sum of. £2 to Rice—I took no receipt for the £10—I understood that I was paying £2 5s. on account of the flour I had had.
Cross-examined by Rice. I met you, Salisbury, and Peter Clinton at the City Arms—more than three weeks after I and Clinton came to you and said I had a customer for my shop—I did not employ you as my agent to get my lease back from Salisbury—I asked you how it was he did not bring the lease back—you said you would go and see Salisbury—I gave £10, and you asked for half a sovereign for your trouble as well—my missis gave you the ten guineas, and she was just giving you the money as I came in, and she gave you half a sovereign for yourself for the trouble—I went back with you to the City to Salisbury—I have not paid the Leeds people any more of the £40—I afterwards came down to your place on Saturday night with Varner.
By the JURY. My wife was in the parlour when she gave Rice
the ten guineas—I opened the parlour door and saw her giving the money—it was in gold, and she gave, him a half-sovereign as well—Rice paid, "You cannot expect me to do the running about for nothing"—my missis gave Rice £11—I was satisfied to get the lease back as a receipt for the £11—the lease was delivered back when the £11 was paid—we went down to Salisbury's, and Rice went into the office to get it; that was the same day, immediately after he had the money.
Re-examined. Rice said he had bought flour of Crosby's, and done business with them—when the twenty-five sacks of flour were delivered to me I paid Salisbury £2 5s.—my wife is an Englishwoman, and she does the talking for me—she spoke to Rice about it, and about the lease—I paid Rice another £2 off the account, because he said they wanted to make up that money. and send it down to the firm for ten sacks of flour—he said he wanted to make up the amount with the ten guineas to send it down to Leeds for the flour.
ROBERT GREEN . I am a carman, of 125, Camden Grove North, Peckham—Jackson's shop was next door—I knew Jarvis as Blackman, Borrows as Stone, Hay don, and Harland as Long Bill or Garland—I do not know any of the other prisoners—I let out a van for hire—I have done several carting jobs for Jackson myself, and my son and the five or six chaps I employ have done jobs for him—the job I did myself was about April—we started about half-past six or seven am. from Jackson's, where five sides of bacon, a case of eggs, five cheeses, and five tubs of butter were put in my van—Jackson said he would meet me further up the road, and he met me at the High Street, where the cars run; Freeman was there with him—he told me to go to the Crystal Palace Road—I don't think he got on the van—we went to Nightingale's, in the Crystal Palace Road, next door to a greengrocer's shop; I don't know the number—we got there at seven or half-past—the place was not open; we knocked them up—Nightingale opened the place—we took the bacon, cheese, butter, and eggs in—he only weighed the bacon, not the other things; he put the eggs outside—when we had unloaded, Freeman said, "Let us go over to the Crystal Palace Tavern"—that was 100 yards up on the other side—we went across, leaving Jackson and Nightingale, at the shop.—afterward Jackson came across to the tavern, bringing a cheque for £8 10s. or £8, which he showed to Freeman—I should think the value of the goods I took into the shop was between £16 and £17—I have been a cheesemonger—Jackson said, "Here is the cheque I got for the goods," and they were laughing and talking; we were all jolly in the bar—I did not notice the signature on the cheque—my men and my son have carted for Borrows—I saw Harland in the shop he was managing at Crown Street—we moved Blackman from Charlton to Crown Street, and then from Crown Street to Long Lane—I have known Haydon five or six years.
Cross-examined by Borrows. I moved you from Hanwell—my vans have moved flour for you—I have not received the money; I have not sent my bill in.
Cross-examined by Harland. I saw you at work in the bakehouse at Crown Street the first time I saw you.
Cross-examined by Jackson. The tubs were Irish, and contained butter, not margarine—five sides of bacon would be from thirty-five shillings a piece; it was heavy Irish bacon; I weighed them; they went from 1/2 cwt,
—I did not want the tubs to be uncovered—I never bought margarine in an Irish firkin; the tubs weighed from 3/4 cwt.; they were not all one weight—I have been a milk contractor and a cheesemonger, and now I am a carman—I have sold all my previous businesses—it is the first time I have heard I am a well-known buyer of stolen property.
Cross-examined by MR. WARBURTON. I should think these tubs weighed 60 or 70 lbs., and the butter was sold at about 1s. at that time, which with five tubs would come to about £15—the cheese was American, worth 50s. a cwt.—I reckoned the goods were worth £18 to £20.
CHARLES SMITH . I am the son of the last witness, and help him in business—in April, 1891, I carted some provisions from Jackson's shop to Nightingale's in the Crystal Palace Road—Jackson and Freeman came in the van with me—we pulled up before we got to Nightingale's at the Upland public-house, and I was left there while they went on with the goods—we pulled up at a public-house and had a drink, and then they said, "We will go up here and come back," and they left me in the public-house and went further up—I could see where they were—I delivered more provisions, not a very big load—Jackson and Freeman, were there—we pulled up at nightingale's shop, and he came out in a white apron and the goods were unloaded—then I and Freeman pulled across to the public-house, leaving Jackson behind—after about a quarter of an hour Jackson came to the public-house—about this time we used to run out a lot of articles for Jackson to Nightingale and other people—one of our businesses was next door to Jackson—I very often saw goods delivered at his shop; sugar, bacon, eggs, tinned goods and provisions generally—after they were delivered some of them were carted away—I took out some that came on the same day—the sugar I took away was done up in the bags as it came in—I cannot say whether any more were taken away in the same way—I moved Jarvis from 30, Crown Street, to 44, Long Lane, just before Good Friday this year—I knew him as Blackman—when we had unloaded the furniture we removed, we brought up five sacks of flour from the cellars at 44, Long Lane, and carted it to different places—the cellar then was well stocked with flour—there were some tickets on the five sacks marked XX—I believe we went over the bridge and had a drink, and left one sack at a carpenter's shop next the Trafalgar, and the rest went to Borrows', High Street, Peckham—I saw no money pass at Herbert's, the carpenter's shop—Borrows came out from his shop; we took in three sacks and left one, and we took a small sack of American flour from Borrows' place, and took the two sacks to 30, Crown Street next morning—on another occasion Long Bill went with us to Crown Street—I had orders to go to 30, High Street, Peckham, and we packed up some boxes of fruit and candied peel, and we took them to Havil,. Street, Borrows' other shop—Long Bill was with us then—after that we went with him to Crown Street—I thought Long Bill was working for Borrows, and that is what he gave me to understand—coming back from Deptford, he said he was going to work in the bakehouse afterwards, and that he was working for Borrows—we went to 30, Crown Street under Borrows' direction—we backed in at the side door and went into the loft—I saw ten sacks of flour there; I brought five down, and put them in the cart, and took them to High Street, Peckham, and left three there, pulling round the back way and taking them into the
bakehouse—the other two we took down to Deptford, a general shop—Harland went with me; he told me to pull up there—he went in first, came back, and told me to carry them in—afterwards we pulled up to a public-house in the New Cross Road—Harland produced a cheque, and asked a man to endorse it—he said he had to be very careful, as he had once got into trouble over a cheque—Freeman was always at Jackson's shop—Teddy Symons came to Jackson's other shop at James' Grove—Symons, Jackson, and another man came to give the order for moving Jack Done—I have seen Harland, Borrows, Jackson, and Dona together once.
Cross-examined by Borrows. It was before Good Friday, in April, that I carted flour to Deptford—when I came from High Street, Peckham, to Havil Street, the shop was being done up; the painters were at work there—you met me on Trafalgar Bridge, and told me to go and get five sacks of flour; but I did not care to do it, and I said nothing about it, and some other man went—that was some time afterwards—that which came from Crown Street was for you—you never paid me any money; I do not know if you paid my father—I think he sent in a bill, but did not get the money.
Cross-examined by Harland. I never saw you in Jackson's shop.
Cross-examined by Jackson. I cannot say the dates that I took goods from your shop to Nightingale's—I have taken goods from your place to two different people; one was a general shop—I have not carted any goods for you this year.
HENRY WING . I live at 1, Margaret Street, Camberwell—about 20th May I saw an advertisement in the Daily Chronicle for a young man wanted as manager at an egg and butter store, £15 to £20 cash security being required—I wrote to the address given, 104, Old Street, St. Luke's—I got an answer, which I have since lost—printed on the top was 'Ward and Company, 403, Barking Road"; it was signed "George Edwards," and told me to apply to J. H., at 403, Barking Road—I went there the next day, and asked for J. H.—I saw a tall gentleman in the shop; I do not see him here—Morris came in and said he was George Edwards, and that he was the person who had advertised—after telling me about the shop he asked me if I would go down and see it—it was middling stocked—he said it was not very well stocked, because they had not long started on it—I saw paper bags with "Ward and Company" on them, and some paper stuck on a few biscuit boxes, with the name of Charles Higgins"—I said I thought this was Edwards' shop—Morris said, "It is all right; it is just the same. It belongs to me"—he said his other shop was the one I was to manage, at 140, Victoria Dock Road—I went there and saw a woman in charge—it was a baker's and provision shop, fairly well stocked—"George Edwards" was on the paper bags—Morris said it was his shop—I did not decide that day, but next day I went to Barking Road—a day or two afterwards I took the situation—I-gave £15 security in cash—Morris gave me this receipt—he said at any time I did not like it I could give up the situation, and have my money back—on the 30th May I moved in—the shop was fairly stocked for a man starting, but it was not kept up—Morris wanted me to make a big show there—he had got some cheques, but he had got no money at the time—I told him I did nut like the way things were carried on; I could not do any trade if I had no stock—he said if I would wait
a little time it would be all right; he would bring it out all right—he showed me two cheques, and said the money was not in the bank to meet them just at the time; they were post-dated, but that I should have plenty of things directly the time expired—I never got any additional stock—what I did get went away again as soon as it arrived—it did not go into the business; it was not unpacked—boxes of feculina and Bentley's sauce came—he did not tell me what I was to sell them for—the sauce went to the cloak-room at Liverpool Street Station, to be left till called for—there were about sixty or seventy bottles—those bottles had been in stock when I arrived—four boxes of feculina went in the same way to Liverpool Street—there were about sixty packets of Neuralia tea, I should think, the majority of which was taken away by Edwards—it had been in stock on my arrival—on the 28th June some casks of margarine came, and butter and cheese—they were carted by Kearley and Touge—they were not delivered; the carman would not leave them until they were paid for—I told Morris; he said he did not expect they would; and he said I had persuaded the man not to, because he would never get his money—the carman stopped there two hours or more—I saw Morris the same day, and he said he had been across on the other side of the railway line, watching for two hours and a half to see what happened—after I had been there a few weeks he told me that the Barking Road shop was shut up—that was a day or two after the interview I have spoken of—he said there was a law case on about the rent—they would not accept him as a tenant—I was to have 28s. per week, rent free, and provisions—I stayed there six weeks—the first two weeks he paid me all right; the second two weeks I had a few shillings at a time, and the last two weeks I got nothing—after I began to dun him for my wages he ceased coming there; he sent his wife and little boy for letters—afterwards I had this letter from him, asking me to meet him at the National Provincial Bank with letters—sometimes, six or seven letters came for him in the morning—he gave me no money for the landlord—I gave Morns a month's notice before four weeks were up—he did not trouble about it—he said he would talk to me when I was in a better temper—he said I could have mv money and plenty of stock as soon as these cheques were cashed—some days afterwards the brokers were put in by the landlord—Morris's wife called, and I went with her to Fenchurch Street Railway Station—I found Morris there, and gave him some letters, one or two of which were from Mr. Burris, of Bristol, and one was from Mitchell, of Thames Street—Morris wrote a telegram to the landlord: "Withdraw man from possession, am on the road to pay you"—he did not send it—I asked him for my wages again—he said he would give them to me—I said, "I shall not wait till you do so"—he gave me these I 0 U's, one for £15 and the other for £2 4s.—I was talking to Mrs. Morris, and when I looked up Morris had vanished—I never saw him again at the shop, which I gave up—I found he was living at Hackney—I asked him again for my money—he said he would not pay me, because someone had put him away, meaning that someone had told me where he lived——I got 10s. from him—I have given him bills for goods coming in and not paid for—Haydon called, and said he wanted to see Edwards—I said he was not there—the average takings at this shop through the six weeks was about 35s.—the first week I took £2 9s. 7d., the second week,
£1 11s. 7d., the third, £1 17s. 5 1/2 d; the fourth, £18s.; the fifth, 12s.; the sixth week nothing—I did not go on after that—the landlord came in on the Tuesday of the sixth week—I understand trade—the average takings of a shop of this class fairly conducted ought to be £8 or £10 a week—that would be a small shop—when he engaged me he said he had only just opened it, and that I ought to take £10 to £20 a week easily there—the value of the stock when I went there was not more than £10—in order to enable me to take £10 or £20 a week there must have been quite £60 of stock at least—my £15 was never repaid me.
Cross-examined by Morris. The first few weeks I was there there was not sufficient stock for me to take £10 a week—I offered you £15 security, and said I could not advance more—the rent was 13s. 6d. a week, I think—my wages were 28s. and provisions and house-rent—there were provisions there if I had liked to have what were there—the expenses would be over £3 a week—there is no doubt you were losing—I cannot say how much—you took nothing from the shop directly it came in except this feculina—Bentley's sauce is very expensive—I did not say it was too dear for the neighbourhood; you said so yourself and took it away—I never went with you to Coombe Brothers—I went there on your behalf to buy eggs for you for cash, on my own responsibility—it was your money—the paper bags were on credit and the feculina—the man has come to me and complained about it—I cannot say if it is paid for now—feculina was all that came in—you did not send eggs several times—your son did not bring some—you sent four or five biscuit-boxes with a few biscuits at the bottom—you sent a few bottles of pickles and penny bottles of sauce—you brought some tapioca and sago and took them away, because you had no bowls to show them in—you left me four or five pounds of each—you sent in no packet goods; they were there when I went—I did not have a large stock of them—before I went to you I had been a grocer—I have been a 'bus conductor since—you had no character with me, as you said £15 was a good enough character for you, and you had not time to run about after my character—you told me you and Ward were just the same—I did not know who Ward was, unless it was you—I told Mitchell that you told me you were Ward and Co.—you did not say you would turn over the shop and fixtures to me as security for my money—you came down half-drunk one night, and said you would turn over the thing to me if I signed my name to a paper showing I had received it, and I said I would not have it—I did not know the week the brokers were in that, through the falling through with Ward and Co., you were helpless and without a shilling—I agreed to take your IOU because I could not follow you and get the money from you—you suggested it to me, and I said that if you got a good start I would come and work for you again, but the agreement was to be that you paid me my old account first—everything at the shop was sold at a proper price—Haydon was the only other one of the prisoners I saw—there was not plenty of feculina left in the shop when you took some of it away—I only had the case—a box of 740 eggs came in the day before the brokers took possession—you only owed the landlord two weeks—the eggs would be more than sufficient to pay the broker out—I came to your house at Hackney, I should say, twenty times—you paid me 10s., and promised to pay me more.
CHARLES KRANZ . I am a baker, of 37, Edmond's Street, Camberwell—I have known Rice for some time—in June I was out of employment, and he arranged to put me into that baker's shop at 39. Edmond's Street—I was to be paid by what I made out of baking people's dinners—I superintended the selling of bread and everything—I commenced selling bread 4 1/2 d. per quartern; that was a fair price in the district—a week previous to Rice's arrest, in August, it went down to 3 1/2 d.—Rice said he was buying flour at £1 and 19s. 6d. per sack; and if so we were getting a fair profit on the bread—other bakers were selling at 33/4d. and 4d., it was very unsteady—Rice had another shop at Wyndham Road, which he managed himself, and he had taken a shop at 122, "Woodvale Road; but he was arrested before he opened it—I saw thirty sacks of flour at Woodvale Road—twenty of them bore the mark of Appleton and French—before his arrest I fetched sixteen of them away to Wyndham Road, and two to my place—before the detectives came Rice and Symon's came to 39, Edmond's Street, at half-past ten or a quarter to eleven on Thursday night, I think, and took ten shillings, all the money in the shop—about a week after the detectives came the brokers came in, and I shut up the shop—there was no more flour to go on with—I went to the Wyndham Road shop very often, and two or three times to Woodvale Road—I have seen in Rice's company Salisbury, Jarvis (whom I knew as Blackman), and Borrows—I saw Haydon with Staab at Mark Lane, and I saw Borrows (whom I knew as Stone), Symons, and Haydon outside his shop when he was out—I saw Rice very often in Salisbury's company—I was at 39, Edmond's Street for close on three months—we did four, five, or six sacks of flour a week; the takings were £8, £9, or £10 a week for bread and flour—there was a fair stock, and it was renewed from time to time; there was no difficulty in getting fresh flour—there was not a grand number of customers; they varied—I took no proper account of what I made from the bakings; it was nearly enough to maintain me—you cannot expect enough when you first open a business—I had no reason to be disappointed with the business; we did as well as we expected—I have no complaint to make of my treatment—I made a living.
Cross-examined by MR. K. HUGKSSEN. I have known Salisbury three or four years—he was travelling in flour for someone at Notting Hill when I first knew him; I do not know what business he did—I have seen him at Mark Lane in the company of Rice, Staab, and Haydon, on Monday, market days.
Cross-examined by MR. CLARKE HALL. I cannot say for certain that I have ever seen Jarvis in the company of any of the other prisoners—Crown Street is a turning out of Wyndham Road.
Cross-examined by Borrows. I have seen you with Haydon, Symons, Jack Done, and Harland—I am certain I saw you with Haydon and Symons outside Rice's shop; you wanted some flour—you lived at Peckham, and you came with a coster's barrow—Rice was out; you only had four quarterns.
Cross-examined by Rice. Some of the flour was moved because I said it was getting musty and spoiling, and I advised you to have it away—I had only to order flour in and it came—I never heard any of your neighbours speak a disrespectful word of you till you were
arrested—I helped to give Stone four quarterns; the other man waited outside—I was thoroughly satisfied with you—you showed me the receipt of a horse and cart you. had bought for the Woodvale Road shop—you never had possession of it, because the man you bought it of kept it.
Cross-examined by Haydon. I have seen you more than once at Rice's shop.
THOMAS FARRANT . I live at 24, Chapter Street, New Cross—I entered Taylor's employment to manage his shop at 206, Lower Road, Deptford—he traded as Vincent—he said he was working for Mr. Cox, and did not wish him to know he had got a shop—I had nothing to do with the shop except as a servant—my brother had nothing to do with the business—Taylor took the money from the business from me—no books were kept—he said he would copy the items down and enter them in the books at his own place—four or five cases came from Cox consigned to Vincent—some of those goods were taken elsewhere; some were sold across the counter at a fair value, I think—on one occasion I took ten cheeses, and on another fifteen, and sold them at a shop in Leather Lane for a fair value for cash—the money was handed over the counter—there was no invoice—the money was given to Taylor—I have seen him in Jackson's company—some goods went from Taylor's to Jackson's, I suppose—Jackson took away hams and a shoulder of bacon and various kinds of things; I don't know where they came from—one day in June Taylor came with Jackson and got the takings from me; they said they wanted money to make up a cheque, or something of that kind—the same night, after I had gone to bed, Taylor came to the shop and told me I must turn out of it—I came downstairs and opened the door, and he said he had let the shop to Mr. Jackson, who would not require me any more, and I must turn out—it was about half-past two on Sunday morning—after being a little obstinate I went away—I went on Monday morning for my money, but the shop was shut up—it was reopened on the following Saturday—Taylor gave me no reason for requiring me to go out at two in the morning—I was not exactly living in the house; I had only a bed there, no other furniture—I was at the shop altogether seven or eight weeks—the takings were not above £14 a week on the average, if so much—it was not a fair return for such a shop, but it did not turn out as anticipated.
Cross-examined by Jackson. Goods have been exchanged between you and Taylor; I believe a strict account was kept—I was rather fond of going to the public-house—I indulge too freely sometimes, and you had done so that Saturday night—complaints were made to me once of my being drunk in business hours—I was not drunk on that Sunday morning; you were—a man in the New Road, Bermondsey, had to get rid of me for the same offence about eighteen months ago.
Cross-examined by MR. PIGGOTT. At first I thought the business at Vincent's shop was carried on in a businesslike way—goods were sold there legitimately—I was not a partner with Vincent and Co.—my wife's maiden name was Vincent—Taylor said, "You look out for a shop," as I was doing nothing—he said, "I want two or three"—he never mentioned my giving up drink; he knew I would not do that—I was convicted for being drunk and disorderly; they said I assaulted the police—the police came inside the shop—I always received my wages,
30s. a week—I never saw any profits; I should say there were none—there was never any stock—I did not sell things on my own account, only over the counter—all I did Taylor knew of—I sold my brother nothing—I only supplied him goods with Taylor's instructions—when Taylor went away about a quarter to twelve on the Saturday night he said nothing about discharging me—I think I paid 6s. or 8s. to the landlady when the house was taken to secure it for Taylor—I got it back with my wages.
By the COURT. My brother is a cheesemonger—he had nothing to do with the shop—he came there with Taylor at times—his wife's maiden name was not Vincent—I daresay he has a glass now and then.
Re-examined. I had nothing to do with taking the business; Taylor opened the shop.
EDWARD COMFORT . I live at 30, Crown Street, Camberwell—I met Borrows in the Greyhound when I was doing nothing—he asked me if I wanted a job, and appointed to meet me a day or two afterwards—I met him with Haydon—Borrows spoke of taking a shop in Crown Street from Blackman, and he said he had arranged for me to go into possession of it—I was to have 30s. a week—I went into it—there was no furniture there—the stock consisted of a few half-quarterns of bread, pickles, and tea; flour afterwards came in—Borrows had other shops in High Street, Peckham, and at 2, Havil Street—Herbert, who kept a chandler's shop in Peckham, was a friend and customer—bread was sold at 4 1/2 d. at Crown Street and Havil Street, and I believe it went out at 33/4d. to be sold at Herbert's—at the price paid for flour we could not afford to sell the bread at that price—I spoke to the prisoner about it on two or three occasions—he said, "Oh, he is an old pal of mine, because at any time I am in want of a pound I can always get it"—some of the flour that came into this shop was carted away to High Street, Peckham—twenty or thirty sacks of flour, some marked XX, and some Appleton and French, was brought from Blackman's shop in Long Lane to this shop in Crown Street before I went there—Blackman is Jarvis—when flour came from Bermondsey, Borrows would sometimes, but not always, come to the shop; sometimes he would send it by carmen—the money I took in the shop I handed to Borrows-sometimes he came in two or three times a day and took the money; I never handed him a full week's money—this went on for eight weeks, and then the shop was closed—Harland came there twice, I think—I have seen him in the Havil Street shop very often; he was managing it—Borrows got me to cash one of his cheques for £3 for him, and got the money—the cheque afterwards came back—I got someone I knew to cash it; he never got the money back—he went to ask Borrows for it, and he pushed him out of the shop on to the pavement on his back—I did not see that—I believed the money was there when I cashed the cheque—he has never paid me my last two weeks' wages—I have seen Haydon at the shop several times, and Harland and Jarvis—I saw Symons there about twice—I have seen Haydon there five or six times, it might be—when Borrows came to take what was in the till he came sometimes in a Hansom cab; once or twice I think he came with Blackman—he had met Haydon and Symons at the shop by appointment—they seemed on friendly terms—sometimes they went to a public-house, and sometimes they asked me to go with
them; I went, of course—I once saw Haydon and Borrows dining together—I said to Borrows one Sunday morning when he came to take the little money that was left, and there was not enough to pay me, "This won't do, your going on like this; you cannot do the thing that is right with your wife and family and driving about in cabs and calling at Herbert's; that is a loose way of going on"—he said, "I know I am doing wrong; I ought to turn the drink up"—he was more or less given to drink—Haydon, when he has been there, has used the place to write letters—I lent Borrows' son four shillings for Blackman to make up a cheque, as he had not sufficient money to meet a bill.
Cross-examined by Haydon. I believe you were travelling for, Borrows.
Cross-examined by Borrows. I was a stranger to you—Costin introduced us—I managed two shops for the Bread Union—I had a reference from my last employer for twelve years—Costin did not speak about the Crown Street shop—I went there at 30s. a week, and coals, tight and bread—I did all the work, and had half the baking money; you did nothing—you did not pay the taxes or anything—you were responsible for the rent, but it never came off—I went into possession of the Crown Street shop on the Tuesday before Good Friday, 11th or 12th April—I was to have gone in on the Saturday, but I felt a little nervous about it—I went to Mark Lane with you on Monday in a cab, and we had an appointment with Blackman to have the shop transferred to me—I know nothing of how the flour came from Long Lane—you made arrangements for baking next day, but no flour came—Blackman moved out that day—he was going to oblige you with some flour—I never saw Smith—ten bags of flour was the largest amount of flour we ever had at the shop at one time—Smith did not come and take five sacks and leave five; I don't know what he did—Herbert had five to seven bushels a day; but however large a quantity he had, according to the price of flour you could not do a legitimate business at the price you sold to him—you did not always have XX flour—you had some from Mellish, paying 27s. 6d. or 26s. 6d., and on the 22nd June it was 25s. 6d.—that was the lowest grain you could get—the trade price of bread all round was 4 1/2 d. a quartern, and the trade price of flour all round was about 28s., if they did their business legitimately—you was not doing it legitimately—I don't know whether the flour that came from Crown Street was paid for—you carted away yourself six out of ten bags that came in from Bermondsey—you had flour from Webster; he never came to Crown Street for money, he was of course referred to Peckham—I said, "That shop is doing seven sacks a week, you ought to. be able to do this yourself"—you said, "I want the shop to pay me; do your best, as if it were your own"—I did my best as I could get the flour—I had to wait till twelve and one at night for the flour to make bread for next day—I have paid the other man 2s. and 3s. at a time, as he wanted to draw it—I have the book of the takings; the first day was 13s., second day 15s., third day £1 2s.—you have come three times a day for that money—sometimes I did five, six, or seven sacks a week, according to what flour I had—I did not send the other man there to do the work; he did not come because I did not do the work—you had the money for the last week—money is still owing from Bishop's Road—I don't know who took it—I cashed your cheque before the shop was shut up, which happened
on Whit Saturday, June 4th—rent was due then—you were summoned for it, and judgment obtained against you—I have seen you with Rice, but Salisbury is a stranger to me—you did not have thirty sacks from Blackman all at one time; that came by degrees.
Cross-examined by MR. CLARKE HALL. I have heard Blackman say that Borrows owed him money; I don't know it for a fact.
JOHN LAIRD CAMPION . I am a solicitor, of Henley-on-Thames—a firm of millers for whom I acted had a mortgage on 9, The Parade, executed by Borrows, in the name of William Albert Stone, hygienic baker—my client let him have goods—Borrows carried on business there till November 11th, 1891, when he was got out by the landlord—I took no proceedings, I did not think it was worth while.
Cross-examined by Borrows. About three-quarters of a year's rent was due, and the landlord was threatening to distrain when you went out.
MARY ANN PIETZ . I remember my husband having flour through Salisbury and Rice; I saw them both—Rice said that Salisbury was his agent—my husband had parted with his lease to them, and Rice came to me about letting him have it back—I went to Rice for it on April 10th, and he asked me for ten guineas, and ten shillings for his expenses; I gave him eleven guineas in the shop—the ten guineas was to go to Crosby and Co. in part payment of the flour—I was given to understand that he was an agent.
Cross-examined by Rice. Mr. Pietz was out when you came, but he was there when I handed you the money—a letter came with the flour—the amount of the bill was £40—you represented yourself as agent of the firm, and Salisbury as your clerk—you were not satisfied with the half-sovereign, and my husband paid you more—there were three ladies in the shop; I did not call them as witnesses.
Cross-examined by Haydon. There may have been instructions in the letters or invoice to send all payments direct to Leeds, but Salisbury gave me to understand that they would call at the shop.
Re-examined. I have been living in the same place, a few minutes walk from there.
FREDERICK WILLIAM SMITHERS . I live at 520, Brixton Road—in January I was clerk to Mr. Earl Bird, one of the joint landlords of 63, High Street, Peckham—Borrows called in January, and wanted to take the shop, 63, High Street—he said he had a shop in Great Dover Street, and lost his wife there, which so cut him up that he was obliged to sell the business—he called again á few days afterwards—I asked him for a reference, and he furnished two, one from W. S. Stone and the other from a man named Easton. (Letters from Stone and Easton were here put in, testifying to Borrows' respectability.)—he went into possession, and in rather more than three months I found a sheriffs officer in possession for £30—Borrows said that he owed nothing else—I let him stay on, and he was arrested before he had paid any rent—he paid £2 for some fixtures.
Cross-examined by Borrows. You took the house from February, and there was a quarter's rent due to May, when the sheriff went in; but there was no rent due till June according to the agreement—on June 23rd you wrote to me, saying that you had a friend who would assist you with money if you had a letter from me saying that I would not put
in a distress for rent for a month—I brought you a letter, and said that I would not distrain for two months.
ARTHUR JOHN GAWRY . I am joint landlord of 2, Havil Street—in February this year I received an application from W. Borrows, of 63, High Street. Peckham, high-class baker, for the premises, and referring me to H. Blackman, of Crown Street, Camberwell; J. Done, of Blackheath Hill, and W. Haydon, of 39, Wyvenhoe Road, Peckham—I wrote to them and got these three answers. (These all stated that Borrows was trustworthy and honesty and driving a good trade.)—he came in a few days before the March quarter, and rent was due at Midsummer, but I never got any—I took possession of the premises—William Garland is the witness to his signature to this agreement.
Cross-examined by Haydon. There was no rent due, because we let you have possession on the understanding that you were to do certain repairs—I do not know whether you ever did them.
EDWARD STIMSON . I am an auctioneer and estate agent, of 2, New Kent Road—on 14th March, Bell, an agent, agreed to take 33, Lower Marsh, for the prisoner Staab, and gave me references to W. Webster, of the Corn Exchange, and W. Rapp, of Battersea—these are their replies. (Both speaking well of Staab.)—I believed those were genuine references, and Staab went into possession—the first quarter's rent became due on 24th March—he did not pay—I distrained—Bell paid £3, and I got rid of him.
Cross-examined by MR. KNATCHBULL HUGESSEN. I made no further inquiries beyond these references—I did not know Staab before—I may have seen him twice since this—I have asked him for his rent—he is a German—I think he can make himself understood in English—I should say he could not write as well expressed a letter as this in English.
WILLIAM RAPP . I live at 60, Newcomen Street, Battersea—in March I received a letter from Stimson in reference to Staab, and a day or two afterwards Staab called and asked me to give him a reference to Stimson—I said I would not do it for my own brother—I am a German—our conversation was in German—I did not write this letter, nor authorise anyone to write it—I did not know of its being written.
Cross-examined by MR. KNATCHBULL HUGESSEN. Robinson may have been in the Globe public-house when I had the conversation with Staab about the reference—I cannot say if he was—I did not instruct Robinson to write out this letter because I was a German and did not write English very well—I had no conversation with Robinson; I do not know him nor his writing.
GEORGE CHILD . I live at 218, Alderminster Road, Bermondsey, and sometimes act as a broker's man—on 5th August, in that capacity, I was put into 133, Lower Marsh, Lambeth, for rent—I remained there five days, till the 10th—Staab was in possession of the house—Jackson came nearly every morning—I have seen Borrows and one or two more whose names I do not know at the public-house next door—I don't think I have seen Borrows at the shop.
Cross-examined by Jackson. You are the man I saw.
WILLIAM GEORGE SMEED . I live at 32, Rosamond Road, Richmond—in July, 1891, I let the premises 20, Crown Street, to Symons on a lease of twenty-one years—the first instalment became due at Michaelmas, and when the next quarter became due I went there, and found Garland
in possession—I asked him where Symons was—he said he had left there and gone to Plumstead, and he was Symons' weekly tenant—I called again to see Symons, and found Blackman, the prisoner Jarvis, in possession—I asked him how it was he was in possession there—he said he had bought the business of Garland for £20 or £25—I said, "There is a quarter's rent owing"—he seemed surprised, and said that Garland had shown him a receipt for the rent before he gave him the £25 for the business, and that he had been swindled by Garland—I agreed that Jarvis should continue as a quarterly tenant, and the first quarters rent was paid by instalments—Jarvis came to me at Easter to introduce a new tenant.
Cross-examined by MR. HALL. I accepted Jackson as a tenant, and subsequently Borrows—I knew Blackman as Blackman—it was an ordinary baker's business.
Re-examined. These two receipts (produced) are not my signature, nor by my authority—I do not know Jarvis's writing—I never saw these receipts before they were produced at the Police-court.
WALTER SIMMONDS . I am an estate agent, of 58, Camberwell New Road—in April this year, in consequence of instructions received from Mr. Smeed I went to 30, Crown Street, and saw a man named Canfort in possession—I afterwards had negotiations with the prisoner Borrows, who appeared not to know that Blackman owed £10 to for a quarters rent—Borrows paid £3 on account of the rent, and agreed to work out the remaining £7 in doing repairs to the shop—he did not pay the first quarter's rent in June, and I took, proceedings, which were abandoned when I heard that he was arrested—repairs were not done to the amount of £7.
Cross-examined by Borrows. The place required a good deal of repair—no rent was due when you shut up the shop on June 3rd.
EDWARD BECKWITH . I carry on business at 57, Gresham Street, and was entrusted with the letting of 44, Long Lane, Bermondsey—on 13th February I received an application from Blackman enclosing a reference to Borrows—I wrote to Borrows, and received this reply—(Stating that Blackman was a highly respectable man: and very prompt in his transactions.) believing this I accepted Blackman as a tenant—he agreed to pay £20 premium, but has not paid it.
Cross-examined by Borrows. Blackman paid one quarters rent at the time he took the premises, and another quarter at June.
ALFRED HANSON . I live at 2, Kempson Road, Kennington—in October, 1891, I had two baker's shops—I met Borrows, Garland, and Blackman about letting them 49, Frean Street, Bermondsey, but nothing came of it—I afterwards saw Blackman and Rice, but nothing came of that—in February, 1892, I went to 30, Crown Street, Camberwell—a female was behind the counter, and when I was introduced to Blackman he was managing the shop-we arranged that he was to take the premises and I was to have half the profits—he was not exactly the tenant; I was to pay the rent, and he was to manage the business—he went there on a Saturday in October, and remained about three weeks, and then I found Garland managing the business, and complained-that went on for three weeks, and then I found the place shut up—I never got a farthing from Blackman.
Cross-examined by MR. HALL. I considered the business would be a
successful one—loaves were sold the first day at 5d. the quartern, and at my place they were sold at 3 1/2 d.—that price was kept on; I marked it in the window—I do not know much about it; I belong to the music-hall profession and failed—I got nothing out of this; Jarvis never paid me a halfpenny—I got no bread from him.
EDGAR GARRARD . I was agent for letting 56, Oakfield Road, Penge, a baker's shop—I received this letter from Harland (This was signed, H. Blackman, inquiring whether the witness entertained his offer for the shop, and referring to Borrows, flour factor, of High Street, Peckham.)—I wrote to the reference and received a satisfactory reply—Harland entered into possession about the middle of June, and in August I found he had left without paying any rent.
Cross-examined by Harland. The rent was not due when you were arrested; not till 29th September.
WILLIAM: HENRY BURGESS . I am a house agent, of 22, Lower Kennington Lane—on 15th May I was put in possession of 60, Beck way Street, for £11 rent due on March 25th—I found Staab there—I distrained, but only got a few shillings—on June 25th I distrained again, and got nothing; Staab was there still—I also had another warrant, and distrained a third time—it was £33 in all.
Cross-examined by MR. KNATCHBULL-HUGESSEN. Staab did not pay me the first six months—I did not promise him a lease, nor am I aware that the landlord did.
ARTHUR BROWN . I am a china and glass merchant, of 135, Lower Marsh, Lambeth—in December, 1891, I let a shop to Jackson—he carried on business there as a provision shop till June 9th—Taylor and Haydon came there about twice a week—in June Jackson asked me to accept Miss McAuliff as tenant; I did so.
Cross-examined by Jackson. You paid me the last rent—a respectable trade was carried on.
DAVID SIMPSON . I am landlord of 140, Victoria Dock Road—in April, Morris, under the name of George Edwards, called on me about taking it—he said he had been manager to Ward and Co., of Barking Road, and referred to them—I went there; it was the P. and O. tea mart—someone, who I supposed to be Mrs. Ward, said that Mr. Ward was not at home—I called again, and ultimately received a letter, which I cannot find; it was giving Edwards a good character—I then let him the shop at a weekly rent, which fell into arrears, and I put a broker in—he did not tell me he was Ward and Co.
Cross-examined by Morris. I always had my rent, with the exception of the last two weeks—when I distrained I got all but 1s. 2d.—the man was in five days, and expenses accrued—you gave me £3 on account for the fixtures—on taking possession you agreed to pay £5, but did not, and the goods became forfeited to me.
WILLIAM MEE . I live at 11, Chaucer Road—I had the letting of 136, St. James's Road, Holloway, which I let in February to a man named Owen—Hennessey is the man—he paid £2 out of the £15, and still owes me £13—when I went for the rent I found the shop cleared out by the brokers for the rates—when I let the shop Owen gave his address 30, Essex Road—I wrote there and got an answer.
Cross-examined by Hennessey. I was a police-inspector, and have retired—you met me at the shop in February with another man—you did not
tell me that he was Owen—I said that there were scales and things to be bought, which I would allow out of the rent—the £2 was given as part of the half-quarter's rent; it was not the balance of rent after the goods were purchased—I said that the last tenant went away owing me three quarters' rent—he is one of the same gang; I think he is wanted now—I did not take possession of the place on 21st June and collect the rent; I generally gave three weeks or a month—you carried on a general grocery business, and had lodgers—there was no name up, "The St. James's Road Grocery Stores" was over the door—I paid the brokers £1 to get my goods back.
PHILIP LUPTON . I am a newsagent, of 30, Essex Road—in February last Hennessey called on me and asked if I would take in letters for him in the name of Owen, which I did—sometimes there were one or two in a day, sometimes more, and sometimes a week or a fortnight elapsed without any coming—in August I handed three letters to the police which had been re-directed to 30, Essex Road, from 136.
Cross-examined by Hennessey. I received the first letter in the name of Owen about February—I handed letters to you in February, March, and April—some of them were re-addressed from St. James's Road, but not all—I have a good many letters addressed to my place, and charge a penny each for them, but when there are a quantity, 2d. or 3d. a dozen.
THOMAS GEORGE FELLOWS . I am managing clerk to Newman, Poynter, and Clark, solicitors, of Lincoln's Inn—they are agents for 122, Woodville Road—in June this year I had a letter from Rice—I wrote to him and received this reply (Inquiring the lowest rent of the premises for twelve months, subject to a lease)—I called on him, and arranged to go and see the premises—he referred me to Oakley and Co., flour factors, of South Hackney—I wrote to them, and received this letter (Stating that they had done business with Rice for years, and that he had worked up two businesses)—I then saw Rice, and signed an agreement for a tenancy, giving him possession on July 9th—he was arrested before the rent was due—the premises were never opened, and I was never paid.
Cross-examined by MR. KNATCHBULL-HUGESSEN. The agreement was signed by the landlord before I wrote to the reference.
Cross-examined by Rice. I made out an agreement, and you signed it; that may have been two days before I wrote to Oakley and Co. for a reference—I went to the shop and saw it all set out for opening—it appeared as if you would—have opened the shop if you had not been arrested.
ARTHUR WILLIAM EASTWOOD . I am connected with the firm of Ballantine and Co., carriers, of 6, Savage Gardens, Tower Hill—I have two rooms on the first-floor front—my partner and I occupy one room, and our clerk the other—in June this year Salisbury asked my leave to have letters addressed there—I consented—he was to pay 5s. a week, and the name of Oakley and Co. was put on our door—letters came in the name of Oakley and Co.—Salisbury called and took the letters, and paid the 5s.—there was no Oakley or clerk, but he had a traveller named Smith who came occasionally to see him, and to get letters—that went on till he was arrested—a small partition was put up for him where Ire wrote letters—he used to remain an hour or two
—if he wanted to see somebody they were taken to the partition, and it was also used by us if we wanted to see anybody—he said he expected a large business, and would I do the carting for him—it was to be delivered to Rice and Blackman—nothing came to the premises, only orders to collect, addressed to Oakley and Co.—Salisbury sometimes gave orders to me, and I delivered to Rice, Blackman, Garmham, and several others—I do not think I delivered to any persons whose names have been mentioned in this case—he said he had three shops, one was Anstock, of Hackney Wick, and that Blackman's shop was his, and the third shop I forget the name of—he introduced me to Rice, and said that he had several shops—people called there, but not many or often—I did not ask him why he was trading in the name of Oakley—he said that he had the money from his sister to start in business.
Cross-examined by MR. KNATCHBULL HUGESSEN. He said his sister-in-law—he did not tell me at the time that her name was Oakley—we paid £28 a year—he paid nothing for the clerk's services—in fourteen weeks the cartage came to about £15—we expected people to come on Mondays, Wednesdays, and Fridays, as those were market days, but nothing like twenty people came in a day—I have seen people come and pay him considerable sums of money—he did a considerable business, and all the people who came knew that he was Salisbury—Rice and Blackman are the only two people among the prisoners who I have delivered flour to, but I have delivered to sixty other people.
Cross-examined by Rice. I have seen you on several occasions, and have seen you pay money.
ANN DAVIS . I am the wife of John Davis, a dairyman, of 19, South Side, Manchester Street—in November, 1891, he had a shop at 191, White Cross Street, which he wanted to get rid of—"General" Booth was the landlord—Taylor came and said he thought a friend of his might take it, and a day or two afterwards a man called who gave the name of Perry (Berry), and a man named Tebbutt came with him he asked about the shop in White Cross Street—an appointment was made, and I met Perry next day at 2, Victoria Street, City—we went at his suggestion to a solicitor's office, who we did not see, but we saw the prisoner Taylor, and it was agreed that Perry should pay mo £20 in three weeks for the goodwill of the house, and pay all rates and taxes, and Taylor was to be security—I never got the £20 from either of them—they both signed a document, which I gave to Perry, but the agreement was with General" Booth—I afterwards saw Perry managing the shop—it was a provision shop.
Cross-examined by MR. PIGOTT. The shop was closed at Christmas—the money paid was for the goodwill, utensils, and scales. I went to Mr. Cox in the Borough to see Taylor, and try and get my money, but I was afraid to say they had robbed me—I did not proceed, because I heard they wore a long firm, and it was no good—I do not know Taylor's signature; I am Welsh, and cannot road English well—I did not receive money from Perry when the key was given up, but ho promised to pay £2 deposit—I never got back the scales and fittings.
JAMES BEATTIE ELMSLEV . I am au officer of the "Salvation Army"—on 29th January, 191, White Cross Street, which belonged to the "Army," was let to Susan Perry fur three years at £50 a year; this is the
agreement—she paid £8 on going in, but we never got any rent—she gave up possession on our forgiving her the rent.
Cross-examined by MR. PIGOTT. The fixtures belonged to "General" Booth, the scales to the previous tenant, and the pictures on the walls.
GEORGE RECORD . I am an asphalte manufacturer of Black Horse Road, Deptford, and am landlord of 206, Lower Road, Rotherhithe—in April last I let those premises to Taylor—he referred me to Mr. Holmberg, of Elswick Road, Lewisham, and George Farrant, of Wellington Street—I called on Holmberg; but he was not at home, and the landlady was out—I had given Taylor possession of the shop three weeks before—"Vincent and Co." was written up; it was a cheesemongers—the rent was in arrear, and I called and saw Farrant—Taylor and Jackson then called on me, and Taylor gave me £3 on account of £12, which was owing—a few days afterwards to the shop for the rent and found it shut up—he had then been there about three months—on the Saturday after that it was opened as the Red Lion Provision Stores-after that I got a cheque for £8 from Jackson for rent—Taylor occupied the premises up to the August Bank Holiday—I put in the brokers for £6 they had not cleared away the stock before that, but on Tuesday morning they cleared away the fixtures.
Cross-examined by Jackson. Taylor's manager gave way to drink and I was told that he used filthy language to the customers.
Cross-examined by MR. PIGGOTT. Taylor took the business in his own name—Jackson said he was about taking over the business if I would let him the shop—he said he had had great trouble with his manager—I do not think £14 or £15 a week a fair amount of takings for a shop in that position, I think he ought to have taken more.
MRS. HOWITT. I live at Percy's Cross Road, Parsons Green—in January this year Holmberg came and gave the name of John von Kempen—he wanted apartments, and said he was going to stay two years and was having a yacht built at Glasgow, and mentioned his steam launch—he had not many clothes with him—he stayed till the end of March, and then left, saying he was going on a yachting trip and never came back—he only owed me one week—three gentlemen called on him; Taylor is one—he sent me this letter after he left (Telling the witness she had better let the apartments, as he did not expect to be in London for more than three weeks.)
Cross-examined by MR. HOPE. I do not know what his business was—he had a latch-key, and went out when he liked.
FRANCIS DORSET SIMS . I am owner of Cleveland Cottage St. Marks Road-in March I had a house to let, and got this letter from Mr. A Holmberg, 93, Elswick Road, Lewisham (Stating that he was connected with a Swedish banking firm, and offering references.)—he called and referred me to W. R. Taylor Algernon Road, Lewisham from whom I got this answer. (Stating that he had known Holmberg and his father eight years, that the, were very respectable, and had the reputation of being very wealthy.)—we rather gathered that he was financial agent to the firm—he took possession on May 1st, with his wife, his sister, and two children—Taylor told me he could pay £400 a year—they had no servant, his sister acted as servant—he paid the rent up to July 9th and then went away, leaving his wife and family there—I saw him at the end of September,
but he never paid any more rent—£28 15s. is due, and the water-rate and gas-rate.
Cross-examined by MR. HOPE. When they left they left some bedding, which was worth very little.
WALTER HENRY BIGGS . I am clerk to Charles William Biggs, of 304, Vauxhall Bridge Road—I had rooms to let in March, and Holmberg answered; he called himself a financial and correspondence agent to banking firms abroad—he took rooms on the second floor at £2 15s. a month, and paid the money before he took possesion—he sent in some furniture on May 20th—he paid £3, clearing the rent to June 24th, and then he said he would take it by the quarter—he stayed till July 19th, and I did not see him again till he was in custody; his clerk called for his letters—he put up a brass plate, Holmberg, Lund and Co.—I distrained, and took the things.
CHARLES HAWKER . I am a greengrocer of 134, St. James's Road—a person I knew as Owen had a shop next door, from February to June—I hare seen goods go in on a costermonger's barrow, and have seen cheese and a ham taken away on the barrow covered over or in sacks—that happened two or three times a week.
Cross-examined by Hennessey. I do not know what the things were which went away—they do not generally take things to customers on a barrow—I purchased my goods there and saw people coming in and out—there are three or four grocers and cheesemongers close by in the same street—I have seen another man serving in the shop.
THOMAS BROCKWELL (Police Sergeant). In conjunction with Sergeant Williamson I have had charge of this case from the commencement—in August I was keeping Borrows under observation—on August 9th, at 10 p.m., I saw him go into his shop, 63, High Street, Peckham, and come out shortly afterwards with a man who is not here—they went to Hill Street and came back and turned up Rye Lane where they met a man driving a pony and cart—Borrows ran after him, stopped him, and spoke to him; he shook his head, and drove on towards Peckham—Borrows and the other man continued up Rye Lane till they met two men driving a donkey in a costermonger's barrow—Borrows spoke to him, and the others went back to 63, High Street, but Borrows continued up Rye Lane, and went into the Reindeer publichouse—the first two men in the barrow came there, and went in, leaving the barrow outside—I went up to the barrow, and saw two half tea chests in it—the four men came out and got into the barrow, and went up Rye Lane to Crystal Palace Road—on August 15th I got a warrant at Lambeth Police-court to arrest Haydon, Harland, Jackson, Owen, Perry, Borrows, Blackman, and Edwards—on 16th August, about 8.30 a.m., I arrested Haydon at Wyvenhoe Road, Peckham—on the way to the station he said, "Those who have given the references ought to he had, too"—he was searched at the station, and two letters were found on him from Mr. Burris, of Bristol, and some cards, bearing the name of Holmberg, Lund and Co., Wilson Chambers, 304, Vauxhall Bridge Road, and this card of a manufacturer of margarine—I went in the morning to High Street, Peckham, and remained at the side of the house while Williamson went
into the shop—shortly afterwards Borrows came out at the side entrance, and Williamson arrested him—about 11.30 the same morning I went to 44, Long Lane, Bermondsey, and saw Jarvis—I said, "You are Mr. Blackman?"—he said, "Yes"—I read the warrant to him—he said, "I don't owe anybody a penny except Mr. Hicks, and I have paid him £2"—shortly afterwards he said, "I have got Staab to thank for getting me into this; he owes me £100"—I found a number of documents in the back parlour, and a pass-book of the London and Southwestern Bank, Camberwell branch, issued to H. Blackwell, of 30, Crown Street; the account was opened on March 2nd with £13 10s.; it ends on June 30th—it is all drawn out, but not overdrawn—I found three notes from the bank that the account was overdrawn in March and April, and three counterfoils of June 3rd, 11th, and 15th £7 2s. 6d. each, payable to Oakley and Co.—they appear to be in Salisburys writing—I have seen him write—I also found four returned cheques drawn by Blackman in favour of Borrows, and on a counterfoil an entry of 10s. to Harland; five pawntickets for articles pledged in May, June, and July, one is for trousers and boots—I also found a number of cards of different people, some of Borrows, 63, High Street, Peckham, and of Harland, wholesale grocery and provision merchant, Penge, and of Wright, of Woodville Road; some circulars of Blackman, an envelope with E. Symons, 120, Vestry Road, Camberwell, three cards of Oakley and Co., a writ issued to Crossley for £54, a letter from Mr. Chester; a solicitor, of Bedford Row, and an answer to a letter from Blackman, with a draft of his reply, which, in. my opinion, is Salisburys writing—I found two County Court summonses, and two receipts for rent, purporting to be signed by Smeed, for £6 10s.—I took Blackman to the station, and charged him with Haydon and Borrows—he gave his name as Hugh Jams—about August 25th I got a warrant against Staab, Wright, and Salisbury—I took Salisbury the same day, and said I had a warrant for his apprehension for conspiracy to defraud—he said that there must be a mistake, and asked who laid the information—I said, Mr. Fontheim, of Leeds"—he said, "Why, I have paid them £6,000; they asked me £20 commission at 3d. a sack; can I go to my office in Savage Gardens?"—I said, "Yes"—on the way there ha said, "I must see my bankers and my solictors—when we got there Mr. Eastwood was there—Salisbury took up some letters, opened one, read it, and tore it in two—I got possession of it—it was from Dixon and Sons, millers, of St. Albans, complaining of a dishonoured cheque—I examined the room and found an order-book from Oakley and Co., containing entries of flour supplied to Rice at three different addresses—I took Salisbury to Seething Lane station, where he was detained some time—he gave me his private address, 17, Rock Mead Road, Victoria Park; I went there and found two cards of Mr. Burris's and several notices from the Commercial Bank of Scotland to Salisbury, complaining of over-drawn cheques, a letter from Mr. Burns, of Bristol, and letters from Blackman, Staab, and Stone, a receipt from Staab, and five cheques in favour of Rice, which had been returned cancelled—I took Salisbury to Camberwell Police-station, and on the way there he said, "Who are the others?"—I said, "Rice and Staab are included in the warrant with you; there are four others in custody telling him their names—he said, "But we had nothing to do with them,
ours is a different matter altogether; I was saying what a good thing it was that those scamps were locked up"—before reaching Camberwell Station he said, "That man Rice is at the bottom of all this, he is a bad man"—I then went with Williamson to 79, Wymondham Road, Camberwell, and afterwords to 37, Edward Street—I saw Charles Crams and went to 122, Woodville Road, another shop of Rice's, and found a large case there filled with packets of tea, which I returned to Bertie Symons—I found some soap locked in a cupboard in a back room—Mrs. Shelton has identified some of it—there was no furniture in the shop, and no one there—on August 31st, about two p.m., I saw Jackson in custody at Peckham Station and read the warrant to him—he said, "I have not conspired with anyone"—he refused his address—on September 5th I found Harland detained there—he said he had no fixed address—on 13th November a warrant was granted against Taylor, and on the 15th I saw him, detained at Walthamstow Police-station—I read the warrant to him—he said, "I have done wrong; I am very sorry; Jackson and Perry have brought me to this; I must suffer for it"—he gave his address 36, Granville Road, Walthamstow—I found three County Court summonses and a number of letters between Taylor and Holmberg, beginning "Dear friend," and one containing a reference dictated by Holmberg—I can say that that is in Holmberg's writing—it tells him what to write about in reply to inquiries—I also found letters from Hennessey to Taylor, and one of February 25th, signed Garrett, about a reference to Taylor, which in my opinion is Hennessey's writing. (This stated that Taylor was a very respectable man.)—I also found this letter from Jackson to Taylor—in another letter Jackson explains how he is going to clear out, and how surprised the landlord will be—I found a number of letters and invoices addressed to Perry, and printed cards of John Von Kempen—just before reaching the station Taylor said, "I have been the dupe of Jackson and Perry, and I am willing to give you all the information I can"—on September 21st I obtained a search warrant, and searched Nightingale's shop. 257. Crystal Palace Road, Dulwich—Williamson" was with me—I said, "Are you Mr. Nightingale, the proprietor of this shop?"—he said, "Yes"—I said, "We have twelve men in custody at Lambeth Policecourt charged with conspiring together to obtain goods by false pretences, and from what has come to our knowledge I obtained a search warrant to-day to search your premises"—he said, "I bought some odd goods of Jackson some time ago; a man named Vincent came to me and sold them, and I sent them back to Jackson; that is all the transactions I have had with him; I have never bought any goods from Borrows, but I have sold him some—we searched the back premises, and Sergeant Williamson found a number of tea wrappers labelled "Cattawattie" and "Tit-Bits," on the lead which covered the paper they wore wrapped in—I asked Nightingale if ho had any invoices for the goods—he took a file down and handed me a receipt for soap sold by Harland to Jackson for £36 10s. 4d.—these are cards of Borrows and Harland, a receipt for £4 12s. 6d. from Borrows, and a document, "Wholesale price, 1s. 7d., if you can do with twelve chests, wholesale from 1s. 1d."—there is a receipt in pencil by Jackson for £9 11s. for cheese and other articles, and some counterfoils, one to Borrows for £9 12s. 9d., and another for £10—Nightingale asked if we
were going to search the whole house—I said, "Yes," and he sent his. wife upstairs for a tin box, which she brought down; it was unlocked, and this letter from Vincent was taken from it, and some memoranda—I found invoices relating to 150 bottles of different kinds of sauce, bearing Mr. How's name—he said, "The goods I bought I gave a fair price for"—going through the front shop he said, "May God strike me dead if I have bought any goods from the mob"—I took that to refer to the other prisoners—on 5th September I arrested Harland, and on November 12th I went to Cleveland Cottage, St. Mark's Road, Hanwell, the address Wassenaar gave—I searched the place and found a number of envelopes bearing the name of Lund and Co. and Alfred Holmberg; also this letter. (From Holmberg to his wife, stating, "When" you receive this I shall be in Germany; all I have got in my pocket it 5s)—"I found letters and telegrams at Vauxhall Bridge Road between Perry and Morris, Jackson and Taylor, and two letters to Jackson asking for references—I obtained warrants for Perry or Berry and Mathews and Symons, neither of which I have been able to execute.
Cross-examined by Borrows. I was at the shop two hours on August 9th previous to seeing you—I did not send a man to fetch you out.
Cross-examined by MR. HALL. I saw Jarvis's premises; it appeared to be a genuine business—the name of Blackman was over the door—he at once said that he was Blackman when I asked him—only one of these pawntickets is in the name of Blackman, that is for a case for 1s.—I never heard of pawntickets being given for bread in the poorer parts of London—there is some writing on the back of this letter which I believe to be Salisbury's, and in my opinion these counterfoils of cheques are in the same writing—I think these two receipts for rent are not in Jarvis's writing.
Cross-examined by MR. PIGOTT. Taylor said he would give us every assistance—he gave a correct address—George Farrant, the brother, is a customer of Mrs. Cox.
Cross-examined by MR. KNATCHBULL-HUGESSEN. I only found a few letters at Salisbury's office in Savage Gardens, and this book of deliveries of Oakley's flour—this is a ledger of goods supplied by Oakley; this is a cash account—here is another book giving particulars of goods supplied, called the travellers' credit—I found these cheques loose and put them into bundles—here are five to William Webster, five to Henry Wright, two in favour of Charles Beane, and not presented, and another" Pay Self £10," the rest are invoices and sale notes—these are the notes from the Bank of Scotland, complaining that Salisbury had overdrawn his account.
Cross-examined by Morris. I found these two letters from you at 304, Vauxhall Bridge Road, in a safe with other papers belonging to Holmberg—they are ordinary business communications.
Cross-examined by MR. WARBURTON. Nightingale has carried on business five or six years—he rendered me every assistance and showed me his receipts—he did not attempt to conceal any—he said he had never bought anything from Borrows—I found the counterfoil of a cheque made out to Burrows—that is not the prisoner Borrows—a witness was called at the Police-court to prove that Borrows is a provision dealer.
Cross-examined by MR. PIGOTT. These are business cards found on Haydon, and not such as would be sent out by the thousand—one of the
letters found at Taylor's asks him to give a reference—the others are in a friendly strain.
Re-examined. Nightingale said he had bought goods from Borrows and had sold him some—I have seen a good deal of Borrows' writing, and in my opinion this receipt for £4 12s. 6d. for goods delivered is his—it is signed W. Borrows.
WILLIAM WILLIAMSON (Police Sergeant). Inconsequence of complaints made to the police, inquiries were made, and I kept observation on some of the prisoners—on Tuesday, August 9th, I was in the neighbourhood of Crystal Palace Road, about 10.30 p.m., near Borrows' shop—I saw a costermonger's donkey-barrow outside the Reindeer public-house, Rye Lane—I followed it to Crystal Palace Road—two men and Borrows were in the cart; they drove to Nightingale's shop, to the side door—it was then 11.15 p.m.—the shop was shut; Nightingale was standing at the side gate—he assisted Borrows to carry two half-chests into a little room, and the barrow drove away, leaving Borrows in the house—the door was closed, but there is glass in the upper part of it—I looked in, and saw Nightingale there with a small iron case opener opening one of the half-chests—he took out a handful of tea, and placed it in his doublehands; smelt it; placed it back in the chest and after some conversation with Borrows paid him £2 or £3 and silver—Borrows picked the money off the table, put it in his pocket and went away—no one was in the shop but Nightingale and Borrows—there was gas inside, and it was very dark outside—on August 16th I went with Brock well to Borrows' shop, 63, High Street, Peckham—I asked for Borrows, and heard him say to his wife, "Say I am not in"—I went round to the side door where Brockwell was keeping observation—I saw Borrows there, and told him I held a warrant for his arrest—he said, "Come inside"—I read the warrant to him—he said, "The goods which I have had I wanted for the shop; have you got Haydon?"—I said, "Yes"—he said to his daughter, "Go and tell Blackman at once"—his wife then said, "I have told you several times to keep away from Haydon and his gang"—she then said to me, "I have told him to keep away from Haydon, Garland, and that gang many times; they have been in this shop for hours"—he said nothing—I took him to the station—he was charged, and made no reply—I found on him an invoice for two half-chests of tea for £6 15s. 4d. obtained on 14th August from Henry Deacon, tea merchant, of Devonshire Square—I found no half-chests of tea in the shop—Deacon has been subpœnaed, but he is ill—I searched Borrows' shop and found cheques payable to Blackman, four County Court summonses, a receipt from J. Symons, a letter from the Loudon and South-Western Bank complaining of cheques being dishonoured, an invoice from Cox, of Tooley Street, a bill signed "W. A.," in Haydon's writing, and about £130 of unpaid bills not relating to this case—on 17th August, about one a.m., I arrested Hennessey in Tooley Street—the warrant was in the name of Owen—he said, "My name is not Owen, it is Hennessey; this shop is not mine, I am employed here by Mr. Fletcher"—he was taken to the station and charged, and gave his address 73, Scotland Road—I found on him a letter threatening committal for non-payment of rates—on 7th August I took Rice at 73, Wyndham Road—I read the warrant to him—he said, "I have conspired with no one; I have worked hard and got an honest living, till I got flour from that man of Fortheim's"
—I took him to Camberwell station, where he saw Salisbury and said, "Well, my lord, are you there?"—Salisbury said, "Well! I do not think it is well"—when the charge was read over, Rice made no reply—I went to Wyndham Road, Camberwell, and found a reference in draft written by Rice; a draft letter from Salisbury, and a letter asking for it; some I. O. U. 's for different sums; letters threatening summonses for goods supplied, and entries in the name of Blackman, Brown, Salisbury, Symons, Staab and Taylor, but that is not this Taylor—on 26th August I took Staab in Lower Marsh, Lambeth—I read the warrant to him—he said, "I could not sell the goods, and I could not pay for them"—he was charged at the Police-station, and made no reply—I found in the shop an agreement signed by Staab—I compared it with the reference supposed to be written by Mr. Rapp—the body of the agreement is in the same writing as the reference to Rapp—on 17th September I saw Morris in custody at Hunter Street, Police-station—I asked him his name—he said, "My name is Morris"—I said, "I hold a warrant for your arrest in the name of Edwards"—he said, "Yes, I have had goods in that name"—I said, "You have also had goods in the name of Ward and Co."—he said, "I have traded with Ward and Co."—he was charged; he made no reply except that he had no fixed abode—I found on him this hackney carriage driver's license in the name of Morris, 42, St. Stevens Road, Old Ford, dated 16th August, 1892—on September 16th I took Taylor at Walthamstow Police-station—he said, "I had a good place when I was with Mr. Cox at 2, East Street; Holmberg was my reference there"—I said, "That is not the name you gave Mr. Cox"—he said, "No, I gave the name of Von Kempen; Holmberg and Von Kempen are one and the same; you ought to have taken Mr. Nightingale at the Crystal Palace Road: he has received the greater part of the goods which Jackson has obtained from Cross Jackson told me he only got half the value for them; Nightingale asked him to invoice them at their full value, Perry and Jackson have given me my trouble: I have done wrong, and I must suffer for it"—I have endeavoured to arrest Symons and Berry, but cannot find them—on 10th November I found Holmberg detained at Cloak Lane Police-station—I told him I had a warrant for his arrest, and asked his name—he said, "Wassendar"—I said, "You have had goods in the name of Holmberg?" he said, "Yes; I have traded in that name"—I read the warrant to him on the way to Lambeth—he said, "Who laid the information against me?"—I said, "Mr. Lee, of the firm of Cox and Co., Tooley Street"—he said, "Yes; I done wrong there, but the other wrong I done, I done honestly"—I said, "What do you mean?"—he said, "By giving Taylor and others references"—he speaks English well—I took him to the station.
Cross-examined by MR. HOPE. I found several cheques in Holmberg's possession, but no reference to Holmberg—lie denied that his name was Holmberg, he said it was Wassendaar—when I arrested Taylor he said, "Holmberg was my reference. "
Cross-examined by MR. PIGOTT. When I was giving evidence at Lam-both Mr. Armstrong, the solicitor, made a suggestion, and Taylor shouted out "That is a lie—while I was at the side door Nightingale and Borrows were not in the kitchen, but in a little room
with a table and chairs in it and flowers—the door opens almost into the road—the end of the room and the, door were about 3 1/2 feet apart—that room leads into the kitchen—Nightingale was as far from me as his Lordship is—there was one gaslight; a strong light—I could riot have seen if the shutter had been fastened on to the door—they were the only two persons I saw there—I should have seen anyone else if they had been there—I should say that the tea-chests were not locked up when they were at the Reindeer—they were not covered up in any way—Brock well is stout, and cannot run, and I had to run about two miles and a half—I told him what I had seen, and took him into the back room, and made Nightingale take the shutter down, while Brockwell stood outside—when Nightingale was arrested the shutter was up—I could see the tea as plainly as I see your brief—it was not small biscuits—I laid the information at the Police-court on September 21st—I know reference was made as to tea being found in the cases—there was only sufficient evidence given to obtain the warrant, it was five o'clock, and the Magistrate wanted to go away—there were five remands—I was called at the end of the case.
Cross-examined by Borrows. It is a good two miles from Rice's door to Nightingale's shop—the counter is nearly as long as the shop—there are three narrow tables—the parlour door was open which leads to the shop—when Brockwell came he said he had a warrant for you, and you said, "Come inside"; you did not say, "I have had no goods"—when I got outside, your wife was in the parlour, and a girl about six years old, and another girl, and there was a girl in the shop—I found no letter on you.
Cross-examined by Hennessey. You told me your name was not Owen when I arrested you; you gave me your right name and address—I called and saw your wife—I saw no business carried on—there was about five shillingsworth of goods there—the gas was cut off, and two candles were burning.
Cross-examined by MR. KNATCHBULL HUGESSEN. I arrested Staab at his shop—it was not well stocked; there was no confectionery—there were a few packets of tea in the window, and some bread.
Witnesses for Jarvis.
GEORGE ELY . I am a solicitor's clerk, of 25, Lindon Road, Battersea, but am not in regular employment now—this letter of August, 3rd, 1892, signed "H. Blackman, Q. C.," is my writing. (Enclosing notice of appearance, and stating that he knew nothing of the action, on the back of which was written: "44, Long Lane, Borough. Bear Sir—The enclosed notice of appearance was served on your agent yesterday, but was returned this morning, as we know nothing about it, and refuse to accept it.")—I have known Jarvis three years; I always knew him as Blackman—he is very hard-working and respectable.
Cross-examined. I did not know him at Chatham—I have not heard that he absconded from Chatham three years ago very heavily in debt—I suggest that he has been in London about three years—I am prepared to swear that I have known him in London more than eighteen months—I am not sure that during that time he has started shops at no less than six addresses—I came here for the identification of the letter—I know nothing against him—I do not know that he left the shop in Crown Street without paying his rent—when I wrote this letter I knew
that I was signing the name of Blackman for a man whose name was Jarvis, but he was sued in the name of Blackman—he was not in regular employment at this time—he was served with a writ, and asked me what he should do; he said he did not owe all the money—I told him to let judgment go by default.
ANNIE UPFIELD . I live at 61, Russenborn Street, Walworth—I recollect a fire on Mr. Jarvis's premises, 44, Long Lane, Bermondsey—I was minding the house at that time—some butter or margarine were sent, but it was sent back from, the door by Blackmail's directions—he answered the door—that was about May—among these pawntickets here is one in the name of Blackman for a shilling—I pledged that, it was a clock; it was my own property—I pledged it in. the name of Blackman, but he knew nothing about it—I" knew him as Mr. Jarvis—the name on the facia was Blackman—another of the tickets is mine, the one for seven shillings.
Cross-examined. It was found in Blackman's box, because I gave it to my sister Martha to put with hers, and she put them in the cashbox—I was minding my sister's house; she is the prisoner's wife—her maiden name was Lampard—this fire broke out unexpectedly—I do not know that Jarvis was in financial difficulties at that time—I am not the Miss Lampard who was at 33, Old Kent Road—I do not know whether Borrows was on the premises just before the fire broke out—I have seen him there, but not much—Salisbury was not there much in my time—I never saw Rice or Haydon there—I have seen Stone there.
ELIZABETH DONE . My husband is a labourer, of 23, Daniel's Road, Nunhead—he let the shop, 30, Crown Street, to Jarvis—he was put in as caretaker—he is a baker and general labourer, he is not particular what he does—he carried on a baker's shop about a year ago, and sold the business to Jarvis—I do not know how much he gave for it; he is not here; he is away from home—only middling business was carried on there—I can bake as, well as my husband—twopenny loaves only were sold there, but when they were required to be weighed then they were 5d. a quartern—it frequently occurred that we took pawntickets in exchange for bread—I have done it myself; taken them as security, and they would pay me on Friday or Saturday—Jarvis traded as Blackman.
Cross-examined. My husband had no fixed employment in February this year—I cannot remember where we lived then—we used to clean at Neckinger-Spa Road—my husband has done a little work for Borrows; odd jobs as his servant, when he could not get employment elsewhere—Borrows used to get him employment to get a few shillings.
By the COURT. I last saw my husband five or six weeks ago at our house—I do not think he knew this inquiry was coming on—it would not interest him—he said he was going to look for work, and would not come back till he got it—I do not keep my husband, but I keep my family—before he went away he was working for anybody who gave him a job, and I had to do the best I could—I work very hard—he had nothing permanent to do when we were at Spa Road—I do nut know that he wrote as Done from 38, Blackheath Hill, giving a reference for Borrows—this letter is not in my husband's writing, and his name is not John—he did live at 38, Blackheath Hill—Mr. Summers is my father—my husband was in a position then, about twelve months ago—I do not suggoat
that there was any sale when Symons sold the shop—my husband had a shop at Woolwich at that time, 33, Eglington Road—we were not in difficulties there, but it was not a great success—it would have paid its way if he had been able to keep it up, and had proper stuff; so my father went to Eglington Road, Woolwich, and my husband to 30, Crown Street—my father told him to do the best he could with it—I cannot tell you whether my father left owing any considerable sum of money at Charlton, because I have not been at home for twenty years—nobody came to Crown Street to ask where my father had gone to—we did not get into difficulties at Crown Street—I do not know much of Garland—my husband let the shop to Jarvis: if I asked him about it he would tell me to mind my own business—I had been out nursing and ironing, and I have to get a person to do my work while I am here.
Cross-examined by Borrows. My husband has been three years master baker at the Woolwich Union—he is a thoroughly skilled man when he can get work—he left four or five years ago, and went to the Royal Arsenal, and was there nearly three years—he has known you ten or twelve years.
HENRY YATES . I live at 45, Wasdale Road, Forest Hill, and am a master baker—I helped to move Jarvis from 30, Crown Street to 44, Long Lane—I took some sacks of flour marked Little boy and Proctor and Appleton and Leech—none of them were marked XX—there was a boy there; I do not know his name—I have known Jarvis fifteen years—his general reputation is that of a respectable honest man—he carried on a respectable business both at Crown Street and Long Lane.
Cross-examined. I did not know the business at Crown Street before Blackman had it—I am Jarvis's brother-in-law—the name over his shop in Long Lane was Blackman; he only passed by that name in Long Lane—the name was there when he took it, I believe—I do not know that he has been giving references to people in the name of Blackman—when I assisted to move my brother-in-law from Crown Street, Garland was not in possession of the shop—I never saw Borrows there, but I saw him a few times with Jarvis when he was going about money matters—he said he had money to come from Borrows—my brother-in-law did not leave 30, Crown Street without paying his rent.
Cross-examined by Borrows. I believe you bought the Crown Street business of Blackman.
HUGH JARVIS . I am a baker, of High Road, Leytonstone-r—I have seen assisting my father the last six years up to the middle of July, and I carried on the business after he was arrested—the weekly takings at Long Lane were £18 to £20 a week—Fontheim called about the end of April or the beginning of May—he was pressing for money, and asked for a post-dated cheque—I wrote it out, and my father gave it to him; I was in the habit of writing cheques—on a subsequent visit my father offered him £10 down and 30s. a month, when Mr. Fontheim served the writ on him, by shaking hands with him and putting it into his hand—Mr. Fontheim would not accept that; he wanted it all down—I was not at home at the time of the fire—I remember the witness Hampson coming to the shop in Crown Street, with a man named Stevens—we were to open a shop at 49, Frean Street, and share half the profits—he remained in that shop about three weeks—there were no profits, he lost by it—the shop was
opened on the Saturday—we did very badly; we gave away a penny, as usual, with each quartern loaf—that is the practice, to get a name—we sold twopenny loaves, not weighed, at Frean Street—the shop was shut, because the landlord came and pressed for rent, and took the gas fittings away—Garland managed the business for my father after the first three days—Hatton's son came to Crown Street every morning, and I gave him bread, which we had baked, to serve Hampson's private customers—I recollect about this margarine being sent up from Bristol invoiced from Mr. Burris—I wrote and confirmed it—my father bought flour from Salisbury's as Oakley and Co.; he paid for some of it, and he was sued and served with a writ for. the rest—he bought as he wanted it—he did not buy much flour from Borrows, Borrows bought from us—he has not paid for all of it—he is about £45 in our debt.
Cross-examined. Hampson never got any money out of my father because there was none to get—my father did not leave without letting Hampson know he was going—it was partly at Hampson's suggestion that the shop was shut up—I remember my father going to 30, Crown Street; I was with him at the time—he did not buy the business at Garland, but of Mr. Done—it is not true that he had bought it of Garland for £25—my father never told me so—I remember Mr. Smeed coming many times and asking whether Garland was the tall one or short one—he wanted the rent, and expressed surprise that my father was there—my father might have been angry about the way he was treated by Garland—I did not see Garland there carrying on the business, but I saw him in the bakehouse making bread during the time Done had the house—he was a journeyman—I do not know that my father left 30, Crown Street owing a quarter's rent—there was no arrangement for Borrows to pay—my father did owe a quarter's rent, and it was arranged that Borrows should pay it as purchase-money—I remember Mr. Fontheim coming and worrying my father about money—I wrote the cheque, and it has my father's signature—my father did rot tell me to write these receipts of Mr. Smeed's; it was my aunt, Miss Lampard; not the Miss Lampard who has given evidence—I wrote the name over the stamp—I did not write the other—I cannot say who did—I never saw it till to-day—T do not remember my father moving to 33, Old Kent Road—Miss Lampard did not tell me why I was to write that receipt—it did not occur to me that I was forging the name of Mr. Smeed for a receipt for £10—I saw Mr. Smeed's receipts for £3 and £2 10s.—I did not ask her her motive, but I thought she did not like to show the two or three receipts—I never asked what it was for—I am eighteen years old—I did not copy Mr. Smeed's signature—I do not remember my father removing from Charlton to Old Kent Road. (The COMMON SERGEANT here cautioned the witness that he need not answer any more questions upon this subject, as he was liable to be prosecuted.)—I did not write a receipt for £4 5s. for a man named Chester for the purchase of the business at 44, Long Lane—my aunt, Miss Lampard, carries on business at 33, Old Kent Road, as a baker and confectioner—she did not succeed my father there—I did not see Mr. Webster at 30, Crown Street; I have seen him at Old Kent Road—I know Miss Lampard owed him money—my father had dealings with Mr. Webster some time after he moved to 30, Crown Street—Webster supplied him with flour—his
reason for that was not that my father promised to be responsible for Miss Lampard's money—I know nothing about it.
Re-examined. My father was away from home, and I did this at my aunt's dictation—she is in America now—I do not know how much money she owes my father—she went away owing him money—I wrote this receipt at her dictation—it is for money, every sixpence of which has been paid.
Cross-examined by Borrows. You owe my father about £45, including the bill for the purchase of the shop, which I believe was £20 odd—besides that you owe him £10 for money lent—I have been to you several times for money—you asked me to ask my father to hold a cheque over—I did not let my father know—it was paid; it was not held over—I have been in the business some years—I know how many quarterns of bread are made out of a sack of flour, ninety-six four-pound loaves—we sell short-weight bread—I remember you calling with a man named Comfort early one evening—the stock there then was 30 lb. of tea and 96 lb. of flour—everything useful for the trade was left at 30, Crown Street—there always seemed a legitimate business going on while I was there—the loaves you made were 5d. a quartern, but you returned 1d. on the opening day—I have been there many times, but never saw any. of the other prisoners there.
Cross-examined. The names of Haydon, Salisbury, Garland, Holmberg, Stone, and Symons there appear as doing business with my father—I see "4" against Symons' name; that is 4d., I suppose.
SAMUEL JARVIS . I am the prisoner's brother, and am a builder, of 320, High Street, Chatham—he has always done a legitimate business, and his reputation has been that of a respectable mail—I know nothing about Miss Lampard.
Cross-examined. I know nothing about Jarvis's business in London during the last eighteen months—he did not leave Chatham without paying his debts; he decidedly did pay them—he carried on business in Chatham and London at the same time—I heard no complaints about him after he left Chatham.
Witnesses for Borrows.
ALLAN MILLER MARSHALL . I am a traveller for the Essex Flour and Grain Company, and to Messrs. Fennister and How, brewers—in June, July, and August my brother had a shop at 2, Havil Street, which be bought, I believe, of Borrows—I know Borrows' shop at High Street, Peckham—I should call it a high-class baker's—I only know it from the outside.
ALEXANDER LEES . I am a commercial traveller, of Tollington Park—I travel for Jones and Co.—I know Borrows' place, 63, High Street, Peckham—T left my card there about 15th July, and saw Mrs. Borrows, I suppose—after that I sent an order to the firm—I was travelling for Cassell's, the tea people—after that I called and saw a churn in the shop, but I do not know what was in it—the order was partly executed, to the amount of £3 7s. 7d.—the money was not paid—there was two months credit from July 17th—I saw the tea on the shelf—there was nothing due then.
Cross-examined. When I went again to Borrows' shop I saw Haydon
and Harland—Harland gave me an order for himself—Cassell and Co. made inquiries about him, and from what they ascertained they decided not to send the tea—Haydon was present when it was ordered—he said I might put him through Stubbs, and I should find nothing against him.
FLORENCE EDITH WITHERINGTON . I live at 1, Nunhead Crescent—Borrows is my stepfather—Haydon was in my employment as a traveller in biscuits—my sister and I and my mother were at High Street—my sister is older than me—I did not tell you to go to Mr. Blackman—I kept the tea locked up in the cupboard in the counting-house, and the key was on the dressing-table—you had two men to work at one time, Ward and Vott, and there were two girls in the shop, and I helped—you have stacked biscuits; you sent them out in boxes—I packed them in tea-chests and in soap-boxes, and in the Biscuit Company's boxes—they were sent by Carter Paterson's—this was the sanitary baking—you stopped there three or four months after leaving 9, Parade—Mr. Shambrook moved you from Hanwell.
JESSIE DONE . My mother was examined this morning—I was with you when you sold the place to Mr. Marshall in June—everything was sold to him—I was in the shop and heard the talk about the stock, but I do not know what it was sold for—I finished the week out with Marshall after he came into possession, and after that I went to 63, High Street—Miss Smith was there also—I was there on the morning of your arrest—your daughter assisted you in the baking the day before your arrest—there was tea in the shop, in the store-room—I cannot remember what became of the tea on the shelf—I do not know whether there were any red packets, but some tea was taken away by the detective next day—there was a genuine business carried on.
Witnesses for Morris.
FREDK. PRINCE . I am a wholesale provision merchant in Smithfield Market—Mr. Ward, of 403, Barking Road, called on me two or three times, and I supplied him with provisions—I got one cheque, the other has been returned; he signed it in my presence, "H. Ward and Co."—in consequence of a dishonoured cheque for rent, I went to the premises and saw Ward—that was about May—a few days after the second cheque came back—I think you asked him if they were for himself—he said, "Yes"—I did not lie the look of him—my brother supplied him with the goods—I found out afterwards that his name was Charles Higgins—he acted as servant to Ward and Co.—he stayed out in the hall—he called Morris "My man Tom. "
Cross-examined. I do not know that Morris passed under the name of George Edwards—I know nothing about him—I had no dealings with him.
WILLIAM BINGHAM . I am an agent to shops—at the end of April or the beginning of May Morris said he had got a shop at Barking; could I sell it—I asked him what kind of shop it was—he said, "A very nice-looking shop"—I said I should like to see it—he made an appointment for me to go down—I went down to Victoria Dock Road on Saturday, and saw the manager of the shop, who said that Morris could not wait any longer, and had gone—I went to Barking Road, and saw Mr. Ward there—he asked me if I could find a customer for the shop—I said, "Possibly I can; what do you want for it?"—he said, "About
£100, and the fixtures belong to the landlord"—I asked him what he wanted £100 for—he said, "For the goodwill and the stock"—he said the business was his; he said nothing about a partner—he did not tell me what position Morris was in there, but I know h« was there—Morris introduced me to Mr. Higgins—Morris introduced Ward as the owner of the shop who wanted to sell it.
ISABELLA LESLIE . I am married, and keep an off-licence house next door to Mumm, of the firm of Ward and Co—I was not there till March—Morris is not Ward—the owner called himself Ward and Higgins—Morris is not that man; he was not there in March—I saw him there serving as shopman on Saturday night—I am well able to judge that he is not Ward—I know Ward.
JAMES TOZER . I live on my property, at 575, Salisbury Terrace, Barking Road—I know the proprietor of the P. and O. Stores—he is called Ward—he takes the name of Ward—Morris came with him to look at the stable, and they appeared to be part and parcel together Ward, as he termed himself, rented this stable, and paid two weeks, and then he never turned up the rent-book—he occupied the stable about twelve weeks, but only paid for two—I saw Morris helping to move the things—he was very saucy, and I told him he was nothing but a "long firm" lot.
Evidence for Nightingale.
CHARLES WADE . I live at 33, Whately Road, East Dulwich—my father is a master chimney-sweep—I help him with the pony and wagonette, which he lets out—I sometimes drive it—on the 9th April he let it to Hawthorne—I drove to the Loughborough Dining Rooms, and fetched two boxes of half-pint bottles of sauces and pickles from there, and took them to Nightingale's shop—I got there about six in the evening—Nightingale was in the shop, and Herbert Addington, the boy who worked for him, was there too—I waited outside—afterwards we went home—Hawthorne's shop was the Temperance Hotel, 4, Loughborough Road—Hawthorne's name was over the door—Hawthorne paid me.
Cross-examined. I have not seen Hawthorne since—I know nothing about him—the boy helped Hawthorne take the boxes into Nightingale's shop—I stayed outside with the pony—Addington went inside—I could see what went on inside the shop.
HERBERT ADDINGTON . I live at 46, Darrell Road, East Dulwich—I was in Nightingale's service for three years, from May, 1889, to May, 1892; first at 60, Crystal Palace Road, and afterwards at 207, Crystal Palace Road—I remember Jackson coming there in April, 1891. I think—he brought four New Zealand flat cheeses, three American sides of bacon, and half a case of eggs—Nightingale gave Jackson a cheque for them for £9 odd, I think—I saw a 9 on the cheque—I was present when Ward brought Hawthorne—they brought nine dozen of Worcester sauce and a dozen pickles—Nightingale said he had given him three shillings a dozen all round—while I was at Nightingale's we were pretty busy—there was another boy besides me.
Cross-examined. Jackson came on one occasion with Freeman—Smith was the carman—Nightingale did not help to unload the sides of bacon—I did not see Smith weigh it—I do not know where they drove to—they all went away together—I do not remember Freeman and Smith going to
the public-house before the cheque was given—at the time the cheque was given no one was present but Nightingale, Jackson, and me—no money passed that I remember, only a cheque—I cannot give the amount of it, I saw a figure 9—I was a sort of odd boy; I served sometimes—Nightingale kept the leads the tea was done up in, and sold them at so much a pound.
By the COURT. I can remember well Jackson coming in the shop; I had seen him in the shop before two or three times, and I have seen him two or three times since—I cannot remember whether he bought goods since—I can only remember the one occasion that he bought cheeses, bacon, and eggs, when the cheque was given—Nightingale first asked me if I remembered anything about it, and if I would come up to prove what I knew about Jackson—he asked me if I could remember Jackson, and I said, "Yes"—I am sure he did not ask me if I remembered his giving Jackson a cheque—I did not tell him I remembered it—I have told no one of that before this—the learned counsel did not know that I was going to say this about the cheque, not that I know of—I have told no one about the cheque until to-day—I have not seen Borrows at Nightingale's, or any of the other prisoners.
Cross-examined. I do not know Hawthorne's present address—since I have been there different people have inquired after Hawthorne—they were travellers and were anxious to know where he had gone in order that they might get their money from him.
FLORENCE EDITH WITHERINOTON (Re-examined). On Tuesday, the 9th August, I packed these biscuits, I think, in two tea chests—we made the biscuits, these are like them—they were made of wholemeal—we put paper over them—my father nailed the chests down, and they were taken away on a donkey barrow by my father—I do not know where they went to.
Cross-examined. I did not see my father take them away on the barrow—I noticed nobody with my father—if anyone had been with him I should have seen him—I looked through the window, and could see the chests put on the barrow—I saw nobody else except my father—my father said they were going to Mr. Nightingale—I remember the date, because it was very late in the evening that they went away, and they wanted to take them very particularly that night—I am sure it was a Tuesday or a Wednesday—I think I said it was on a Wednesday at the Police-court—it was between eight and nine, I think, they were taken away—it might have been later; I cannot remember—I have seen Jarvis at my father's shop—I did not see him every time he came—Harland used to come and have dinner with us on Sundays—Haydon used to travel for us.
Re-examined. Miss Done packed these things with MR. JESSIE DONE (Re-examined). I and Miss Witherington packed these biscuits in the tea-chests—I cannot quite remember the day—they left about nine o'clock—Mr. Borrows was back a little after eleven, I think.
LIZZIE ROUT . I have been living at 207, Crystal Palace Road, assisting at Mr. Nightingale's—I am his sister-in-law—these chests arrived as I, my sister, and my brother-in-law were sitting down to supper at a quarter past ten on the 9th August—I heard a knock at the door—I
answered it, and Borrows said lie had brought the biscuits—he came to the side entrance; he said he was sorry to be so late—he had brought them in a donkey barrow—he put them in the lobby—they were packed in two tea-chests—I stood at the kitchen door and called Nightingale—it is a glass door—the lobby leads into the kitchen; it is a straight passage—I stood at the door of the kitchen, and Nightingale came out of the kitchen and said to Borrows, "If you cannot come I earlier, don't come at all another time"—the boxes were nailed up—nothing was done to them that night; they were left in the lobby—about 9.30 in the morning they were opened in the shop by Nightingale in my presence—they contained ginger biscuits similar to these—the previous evening I had put up the shutter at the side entrance about eight o'clock—we always put it up at dusk in summer time—there is no way of seeing into the passage except through that glass door, and if the shutter is up you cannot see through—it is the door that opens into the street—when Nightingale was arrested on the 21st November, Williamson paid, "Does the shutter come down?"—Nighingale said, "Yes"—next morning I saw tea-packets strewn all over the shop—the police searched the premises—Williamson told Nightingale to take the shutter down; they went into the yard and looked there—when they went away tea-packets were lying on the ground—it was Mazzawattee and Carawella—there was no Satawatta; I know the different labels—Mazzawattee is black, and Satawatta red—there were no red labels.
Cross-examined. There was no Satawatta tea there—Nightingale never had any—I went into the room, and there was none—there was not a large quantity of it at any time—I am sure he never had any, and none was found by the police—I cannot quite remember whether said before the Magistrate that I did not notice any—I should have been sure to notice it by the wrapper if it had been there—I saw that Borrows came with a donkey barrow—there may have been somebody with him—I did not notice—it was from ten to a quarter-past that he came—I said before the Magistrate that it was not later than ten—I said no one was with the donkey cart besides Borrows, but that was really a mistake of mine, because I really did not notice, I spoke too quickly—I have not since heard that the police have said there were other people with the barrow—I have heard the matter mentioned by Nightingale to Mrs. Nightingale—he said nothing to me about my having made a mistake—I fix the happening on the 9th August because my sister was out that day for one thing—I said I believed it was a Wednesday or Tuesday—I believe it was a Wednesday—one of my reasons at the Police-court for fixing it on the 9th was that it took place Wednesday; it was on a Tuesday that my sister was out—I am not quite sure if it was Tuesday or Wednesday that my sister was out.
Re-examined. It was the 9th August that my sister went out—I fancied before that it was Wednesday.
By the JURY. The detectives examined our premises the night of Nightingale's arrest—I put up the shutter almost every night.
and Brock well came—I saw them looking for tea-papers—the labels on them were Carawella and Mazzawattee, and those were the only names on the labels—there was no Satawatta.
Re-examined, I was walking to and fro the shop, dosing un, when they came—I was outside very nearly all the time—I was taking the things into the shop while the detectives were searching inside—I saw these wrappers found—you can see to the back of the shop from the outside—I do not know whether Satawatta is a red label or not; I know the tea there was Carawella and Mazzawatta, because it was on the labels—I do not know the Satawatta red labels at all; I should not know them if I saw them—I saw all the labels lying about that were found there—I did not see the names on all of them, but I know there were no Satawatta, because next morning I had to clear them all away—my knowledge of the matter is derived from what I saw the next morning after the police had gone away—whether there were any there when the police were there I do not know—Nightingale used to get a penny a pound for these tea-leads.
By the JURY. I was there about a month—I saw no packages of this Satawatta in any part of the shop—there was Mazzawattee and Carawella on the shelves—I took them out in baskets and delivered them; I knew them well—both the labels were black—about the second week in October, Mr. Nightingale sent round for me and asked me to be a witness in the case—I left him to get another situation, because I was late one morning—when he sent for me he asked me if I had seen any Satawatta tea, and I said I had not—he asked me what sort there was, and I said Carawella and Mazzawattee—he did not describe the Satawatta to me, or say anything about its being in red packages—he asked me if I would come to give evidence for him—he did not say what evidence had been given against him—he said he had been charged with having some stolen things in his possession—he said if I had seen any I was to say so, and I said I had not seen any—I am fourteen.
HENRY KING . I am an oilman, of 23, North Cross Road, and have been in the trade eighteen years—these two invoices for soap from Hore to Nightingale at 17s. 6d. and 18s. 6d. are reasonable prices—I buy soap every week in my life—I saw this soap at the Police-court.
By the COURT. It is very unusual to take a receipt in pencil, and I should have a proper billhead.
GEORGE ROGERS . I am an egg merchant, of Ashley Street, Old Kent Road—looking at this memorandum, "Bought of W. Jackson, five cases of eggs, £36 1s. 4d., "I say that that is a fair price to pay for those eggs.
Cross-examined. It is 3d. more than I was selling them at—I sell the best eggs at 5s. 3d., and the 7s. 6d. eggs at 7s. 3d.—I say that the price, he gave for the eggs was more than I was retailing them at to my customers—we were serving the shops at 1 1/2 d. less.
THOMAS HIGHETT . I am a clerk in the Imperial Bank, Peckham—Nightingale opened an account there on May 23rd, 1890, and still has an account there—this is a copy of it—his balance on July 1, 1892, was £5 5s. 4d., and on July 10 £23 11s. 11d.—he never overdrew—this cheque of April 28 for £9 14s. 6d. is payable to Jackson—£106 5s. was paid in in June—the balance on June I was £34 5s. 11d.—the largest
cheque drawn in July is £16 10s. 2d. in favour of Murley, and the largest to Jackson was £15, debited on July 11.
HERBERT BUSHEL . I am foreman to C. W. Burrows, provision merchant, of Smithfield—he is no relation of the prisoner Borrows—he has had continual dealings with Nightingale since 1889, and paid by cheque on the Imperial Bank.
Witnesses for Holmberg.
JACOB VAN RAALTE . I live at 20, Springdale Road, Green Lanes, and am a provision salesman and traveller for merchants in Holland—I am the manager of their head office—in 18851 joined the prisoner Wassendaar as a partner in an agency for his father, who is a large margarine manufacturer in Holland—the firm was K. A. Wassenaar—I had been over here many years carrying on the agency—the business was a large one, and a bona fide one—the office was at 30, Trinity Square, and afterwards at 15, Seething Lane—the business prospered for the first few years—the prisoner Taylor was our clerk; we had a good references with him, and our inquiries were satisfactory from one of the most respectable houses in the trade, George Vowles—the partnership came to an end in 1888—Taylor came soon after we started, and remained with Mr. Wassenaar after I left him—I had an offer which seemed to me more profitable, and I Left—Taylor gave us satisfaction—I know nothing about Perry, but Mr. Wassendaar told me last summer that he had sold some goods to Perry and could not get the money.
Cross-examined. I do not know that Perry passes as Mathew or Berry—he did not tell ma that he had been giving him a reference.
LEWIS JAMES . I am a cheesemonger—I have known Holmberg about fifteen years; his father is a large margarine manufacturer in Holland—about 1885 he came to London, and started in business here—his office was in Seething Lane; I did business with him there—he had a clerk named Taylor—Holmberg had a sailing yacht of eight or ten tons—I used to go sailing with him.
By the JURY. I last saw the yacht about four years ago—he told me last year that that one was broken up, and he had built a new one.
Cross-examined. He has not got a steam launch too—I knew him in his own country intimately—something in connection with a bankruptcy matter caused him to leave his own country.
CHARLES FARR . I am a butter merchant—from 1886 to 18891 bought large quantities of margarine from Holmberg—I gave him those four cheques—with the exception of the one in August, they were drawn within a month for £120—I know the prisoner Taylor very well—I know nothing of the business after 1889.
The prisoners Haydon, Borrows, Morris, Rice, Jackson, and Harland addressed the JURY in their defence, contending that they had not conspired in any way or used any false pretences, they had endeavoured to carry on a legitimate trade, but had been unfortunate; that it was a case of debt, but not one of fraud. Hennessey handed in a written statement to the same effect.
Nightingale received a good character.
HAYDON, BORROWS, JARVIS, HENNESSEY, SALISBURY, STAAB, JACKSON, HARLAND, MORRIS, TAYLOR, and WASSENDAAR, GUILTY ;
RICE, GUILTY of conspiracy:
NIGHTINGALE, GUILTY of conspiracy and of receiving.
HAYDON then PLEADED GUILTY to a conviction in December, 1887, of obtaining goods by false pretences; BORROWS
to a conviction for a like offence in November, 1889;
JACKSON** to a conviction of felony in September, 1888; and MORÉIS to a conviction of felony in February, 1888. HAYDON, SALISBURY,** JACKSON, and NIGHTINGALE, each two consecutive terms of Five Years' Penal Servitude upon different Counts; BORROWS, two consecutive terms of five and Four Years' Penal Servitude; JARVIS, HENNESSEY, HARLAND, and MORRIS, Three Years' Penal Servitude each; TAYLOR, Four Years' Penal Servitude; RICE, Nine Months' Hard Labour; WASSENDAAR, Five Years' Penal Servitude;
STAAB, Twelve Months' Hard Labour. (The COURT. the GRAND JURY, and the JURY commended the conduct of Williamson and Brockwell.)
142. RICHARD BANKS** (26) , to feloniously having counterfeit coin in his possession, after a conviction of a like offence on 21st November, 1887.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.] And
Before Mr. Recorder.
MR. LEMAITRE Prosecuted, and MR. BLACKWELL Defended. ROBERT SARRELL. I live at 57, Newington Butts—I deal in jewellery and cutlery—on 24th August I and my wife had a quarrel—she went outside and shouted—I went to fetch her in—I lost my watch and chain—I was struck twice, and was abused at the door—I afterwards received my watch and chain back from the Inspector—I don't know if a girl named Harrison was arrested on this charge—I have never seen the prisoner.
Cross-examined. This row occurred about half-past twelve at night.
WILLIAM RACE (Police Inspector). On 24th August I was in Newington Butts, in plain clothes—I saw Sarrell being knocked about in a crowd—prisoner said, "He knocked me in the mouth, and knocked me through the shutter door"—I tried to arrest him, but there was a crowd of about fifty, and he got away—I afterwards saw him in custody, and identified him.
Cross-examined. I have seen him before, but not to know him—I am certain of him.
ALICE HARRISON . I am a laundress, of 31, Hampton Street, Newington Butts—I saw a crowd near Sarrell's shop—a lot of men came out of the Waggon and Horses; they knocked the prosecutor inside the shop—one of them, I believe it was the prisoner, struck him in the face and took his watch and chain—it was put into my dress pocket; I was arrested and taken before the Magistrate, and the case was adjourned—when the prisoner was arrested I identified him from a lot of others—I knew him by sight, going about with a banjo.
Cross-examined. I first discovered that the watch and chain were in my pocket as I was going towards. home—a policeman came up; I told him what I have said to-day—in spite of that he took me to the station.
Cross-examined. I arrested her on the charge of stealing this watch—I found her in a back room on the ground floor; she had the watch and part of the chain in her hand, showing it to another woman.
WILLIAM BROMKEW (D). I arrested the prisoner in December in the New Cut—I told him that I had a warrant for his arrest for stealing a watch and chain—he said, "I know nothing about it"—I had been in search of him since the 24th August.
Cross-examined. He said he had been at Hastings—I know him very well by playing a musical instrument—when I first spoke to him he said, "Me steal a watch and chain? I know nothing about it. "
Witnesses for the defence.
JESSIE PITT . I have lived with the prisoner as his wife for about three years at 16, Manor Place—I am sometimes known as Mrs. Matthews—on 24th August we passed a crowd on the other side of the road in Newington Butts—the prisoner took no part in that row—he went straight home with me—I did not see him strike anyone.
Cross-examined. He is a musician.
Witness in reply.
HARRY SMALE (Detective, L). I was present at Southwark Policecourt on 1st February, 1888, when the prisoner was sentenced to six weeks' hard labour for larceny—I have since attended here as a witness against him for burglary; he was acquitted—I have known him as an associate of thieves and prostitutes.
NOT GUILTY .
145. ALEXANDER HUTCHINSON HOOD (44) , PLEADED GUILTY to feloniously marrying Mary Jane Williams, his wife being alive; also to assaulting Mary Ann Pennington and Mary Jane Williams, and occasioning them actual bodily harm.— Twelve Months' Hard Labour. And
MR. DEARING Prosecuted.
FRANCIS HOWE . I am a porter in the South Eastern Railway Company's service, and work at the Bricklayers* Arms—on 28th October I went to get my week's wages outside the goods station, Bricklayers' Arms—we have to go to the Clerk of Claims in the morning and ask for a ticket, which he gives us, we sign our names, take the ticket to the cashier and receive the money—£1 1s. 8d. was due to me on the 28th October—I went to the clerk to get my ticket, and was told that someone else had drawn my money—I had not authorised anyone to give my name or receive my money—if this is the same that was signed on the
28th October, I did not sign it—it is very like my writing-previous to the 28th I was standing outside the station when Loakes came up to me and said, "Are you in want of a job?"—I said, "No, I am working here"—he said, "I know you are; but my brother wants a man to look after four horses"—I said, "lam not used to horses, but I would take the job, as this one does not suit me"—he asked me what my wages were, and he said his brother would give me eight shillings more—he said, "Give me your name and address," and pulled out a black pocketbook, and I wrote my name and address in it—there is no one else at the Bricklayers' Arms who knew my signature except the prisoner—I have been out of London four years—the prisoner said he did not take the place himself because he could not agree with his brother's wife.
Cross-examined by the prisoner. A pocket-book was produced before the Magistrate, but I believe it was a smaller book than the one I wrote in.
EDWARD DANIEL SMITH . I am Claims Clerk at the Bricklayers' Arms Station—it is my duty to give the men on their presenting themselves a ticket for the amount due to them—on 28th October someone came and gave the name of Howe; I asked his initial, and he said "Francis"—I made out this ticket and gave it to him—he then signed the pay-sheet—to the best of my belief the prisoner is that man—men who come for their wages do not tell me the amount; they give their names and I tell them.
Cross-examined. I could not pick you out from among others because you laid over the heating apparatus with your face away from me—you did not turn your face towards me.
GEORGE WILLIAM HARRISON . I am cashier at the Bricklayers' Arms—on 28th October this ticket was produced to me with the name of "Howe" on it for £1 1s. 8d.—I paid the man who produced—it that sum—I cannot say who it was.
FREDERICK LAMBERT . I am a porter in the South-Eastern Railway Company's employ at the Bricklayers' Arms—on the 28th October I was in the lobby where the pay-clerk's office is; I saw the prisoner there—I had seen him about a week before speaking to Inspector Stubberfield.
Cross-examined. I did not recognise you when I came into the waiting room, because you were leaning down on your arm—you did not raise yourself at all.
By the COURT. I heard him having an altercation with Stubberfield—it is the same voice as that I hear to-day—I have no doubt the prisoner is the same man.
HENRY STUBBERFIELD . I am an inspector at the Bricklayers' Arms Station—the prisoner came into the service of the company on the 19th October and remained till the 21st, when I had to suspend him for absenting himself from his duty—on the following morning ho was discharged—I believe Lambert was passing when I had this talk with him, so that he could have seen and heard—on the 28th October the prisoner was not entitled to any wages.
Cross-examined. It was about a quarter to twelve at night that you were suspended—I asked where you had been to, and you said you had been at work—I said, "Nothing of the kind," and that I would give a ticket to pass you out, and you went home.
The prisoner, in his defence, denied being the man who had received the money.
He then PLEADED GUILTY** to a conviction of felony in August, 1892.— Six Months' Hard Labour.
Before Robert Malcolm Kerr, Esq.
MR. TORR Prosecuted. WILLIAM KERSHAW. I am a printer—I used to live at 16, Doon Street—on the night of 19th. November, about five minutes to twelve. I was walking in the Cornwall Road, arm-in-arm with my wife and Mrs. M'Carthy, going home from a concert—the prisoner jumped off some steps, and said, "Holloa, old fellow!" punched me in the stomach, and stole my watch—I struggled away from my wife and caught hold of the prisoner, who threw a pot of ale over my wife, cutting her forehead with the pot—my wife screamed—I was struggling with the prisoner, and when I turned round I saw her being pulled about the road by her hair—the police came and took the prisoner—a man named Began was arrested as having been concerned in the matter—I said I was willing to settle the matter, as We were not sure of him—his friends came and saw my wife, and they have threatened me—this is my watch which I lost that night.
Cross-examined by the prisoner. The only striking you did was with the pot on my wife's forehead; she also got a kick on the thigh.
EDITH KERSHAW . I am the last witness's wife—on 19th November, I my husband, and Mrs. M'Carthy were walking near the Duchess of Cornwall—the prisoner was coming out of that public-house with a can of beer—he snatched my husband's watch, and said, "Mate" or "pal"—my husband said, "He has got my watch"—I caught hold of the prisoner by his coat-tail—he threw the beer over me, saying, "Leave go, you cow"—my husband caught him, and they struggled and fell on the ground—the police came up—the prisoner turned to throw me off, and bashed me against the wall, and hurt my head—while the prisoner was on the ground another man caught me by my hair and jacket, and got me on the ground and kicked me in the thigh with his knee—I did not see the prisoner strike my husband.
Cross-examined. You did not strike me a deliberate blow; you only threw the can of beer over me.
MARY M'CARTHY . I am a widow, of 29, Doon Street, Lambeth, and a friend of the Kershaws—I was walking arm-in-arm with them on 19th November, near the Duchess of Cornwall, when the prisoner stepped out with a can of beer, and said, "Holloa, come home," and the prosecutor said, "He has got my clock," and we caught hold of him—I was knocked up against the door And punched about by some man—the prisoner came out of the public-house alone, but when this took place several interfered, and began knocking me and Mrs. Kershaw about.
Cross-examined. You did not have the chance of striking.
MR. JOHN WARMAX (336 M). Shortly before twelve on 19th November I heard a woman screaming and shouting "Police"—Mr. and Mrs. Kershaw were holding the prisoner, and when I got up they said he had the watch, and they should charge him—I said, "Is that right?"—the prisoner said, "You have got the wrong man"—I said I should take him to the station
—I searched him, and found this watch in his left-hand coat pocket—there were several men round—as I was going to the station with the prisoner Mrs. Kershaw said, "That is one of the men that was along with him that struck me and assisted him"—I left the prisoner with another constable and arrested Began—the Grand Jury threw out the bill against him—the prisoner said he was not the man; I had made a mistake.
Cross-examined. I was twenty to twenty-five yards off when I heard the screams; it took me about half a minute to get up—your eye next day was almost closed—that was done in the struggle.
The prisoner, in his defence, said:" I snatched the watch; directly I snatched it I was knocked down, and did not get to my feet till I was arrested. I never kicked either of the prosecutors. "
GUILTY of robbery.
The COURT awarded Mrs. Kershaw £2 for her energy in helping to arrest the prisoner.
PLEADED GUILTY .
MR. HURRELL Prosecuted.
ALBERT CHARLES SHARMAN . I am assistant to my father, William Henry Sharman, mantle manufacturer, of 349 and 351, Walworth Road—on Wednesday, 9th November, I missed a lady's cape from the lobby just inside the shop—I had last seen it safe half an hour before—about twelve o'clock I noticed Doreas Lewis and another woman in the lobby for about a quarter of an hour—I next saw the cape when inspector brought it on Friday.
WILLIAM MOUNTFIELD (Inspector L). About nine on 10th November I and Moss arrested the prisoners at 5, Manor Place, Walworth—I told them they would be charged with committing a burglary at 280, Albany Road on the morning of the 8th—Robert Lewis said, "What is the use of taking the woman? she knows nothing about it"—when charged at the station he repeated the same words—on searching the room I found this cape with other stolen property connected with the burglary—on the remand, on 17th, they were charged with stealing the cape—Robert Lewis said, "I know nothing about stealing the cape"—Dorcas made no reply.
WILLIAM Moss (Sergeant L). I went with Mountfield to the prisoners' room—Dorcas Lewis said she had lived with the other prisoner for two months, and she had only just got to know that he was a married man with three children—she made no reference to the cape.
NOT GUILTY .
PLEADED GUILTY .
MR. HURRELL Prosecuted.
she knows nothing about it"—in the room I found this fur tippet and muff—the prisoner put on this suit of clothes and two pairs of trousers—I also found these keys on the mantel-shelf—Dorcas Lewis made no reply to the charge.
SARAH BICKNELL . I am the wife of Thomas Bicknell, a woodcutter, and live at 280, Albany Road, where I keep a wardrobe shop—about a quarter to one a.m. on Tuesday, 8th November, I went to bed, leaving everything secure; I was the last up—about two a.m. a policeman called me up, and found I my window was open, and cleared of things that had been in it; the policeman gave me some things that had fallen from it—I missed eight pairs of trousers, four coats and waiscoats, a muff and tippet—these things are mine.
WILLIAM Moss (Sergeant L). I charged the female prisoner with being concerned with the man—she said she was very sorry for the position she was in; he brought the things home, and she did not know where he got them from, and she admitted pledging the things.
ROBERT LEWIS then PLEADED GUILTY† to a conviction of felony in February, 1891— Twelve Months' Hard Labour. DORCAS LEWIS— Six Months' Hard Labour.
Before Mr. Recorder.
MESSRS. C.F. GILL and A. GILL Prosecuted, and MR. DRAKE
GRACE CAROLINE FLIGHT . I am the wife of George Flight; we live at 51, St. George's Road. Regent's Park—last June I was employed as examiner of stamps at Messrs. De la Rue's, Bunhill Row, manufacturers of stamps for the Indian Government—it was part of my duty to make them up in parcels—on 24th May I counted out a number of sheets of two-anna stamps, similar to these—they are meant for use in Government offices—I made up four parcels of 500 sheets each, and one parcel of 200 sheets, each sheet containing 240 stamps—two annas represent twopence—stamps of this description are only sent out once a year; none have been sent out since the summer of 1891.
supervisor of stamps of the Indian Revenue—my time is taken up at De la Rue's—I checked the parcels of stamps spoken to by Mrs. Flight on 24th May, and found them absolutely correct—on 14th June I packed these parcels in a case, which was marked 2951—it was lined with tin, and when packed it was iron clamped—the lid was nailed on the top, with iron round it, and a seal put on—the tin lining was soldered down inside—on the 14th June the case was taken out to be sent to the Belvedere Road on the morning of the 15th—I check all the stamps that go to India—the case would weigh from 69 to 72 lbs., or thereabouts—I received the last case of stamps of this kind to be sent out in the summer previous—I had no complaint that the whole of those stamps had never been received.
FREDERICK PHILIPS . I live at 12, Victoria Chambers, Finsbury, and am a labourer in the employment of Messrs. De la Rue—on 15th June I received this case from Mr. Gay, and took it to the Indian Stores, Belvedere Road, and handed it to Mr. Basden, the foreman—it was in the same condition in which I received it.
RICHARD BASDEN . I live at 274, Odessa Road, Forest Gate, and am foreman of the Indian Stores, Belvedere Road, Lambeth—on 15th June I received this case from Philips, intact—I weighed it, and found it was 70 lbs.—I marked it for shipment with a yellow brand—on 23rd July I saw it placed in the lighter Europa, belonging to Messrs. Phillips—I handed it over to Coghlan, the lighterman, in the same condition in which I received it, intact—it was very near the last put on board; the lighter left that afternoon—between the 15th June and 23rd the case had been kept in the store, which was kept locked, and the warehouseman was there—I can almost swear the case had not been tampered with in the meantime.
Cross-examined. There were about seventy-nine cases to go to Bombay—I did not examine any of the parcels particularly—that was the only box in my department; it was the only one I took down.
JOHN COGHLAN . I live in Lucas Street—at this time I was a lighterman in the employment of Phillips and Graves—on 2 3rd July I was in charge of the lighter Europa—after she had been loaded at the Indian Stores Depot, Belvedere Road, I took charge of her, and left at 3.55 on Saturday—I signed for the goods—I took the barge to the Victoria Docks entrance, and remained all night there till half-past six or twenty minutes to seven on Sunday morning—the barge was outside the dock till between one and two in the morning, before high water—I left the barge at half-past six or twenty minutes to seven a.m. at the north side of the Victoria Dock basin, opposite the quay—during the night we made a fire on the barge, enough to last about two hours, with some of the cinders and coal-dust in the barge; there were no lumps of coal—I left the barge unattended at half-past six when I went away.
Cross-examined. There was coal-dust, which I put on the top of the cinders to make a fire—I never saw the prisoner till I saw him at the Police-court—when I left the barge the cargo was properly covered up and safe as when it came from the Indian Stores.
REES GRIFFITHS . I live at 38, Great Heritage Street, Wapping—I came with the Europa with Coghlan from the Indian Depot to the Victoria Docks—I left her about eight in the evening, leaving Coghlan with her. '
FREDERICK BARNES . I live at 350, Victoria Dock Road, and am tally clerk in the service of the British Steam Navigation Company—on 26th July I was working on board the Chybassa in the Albert Docks—I began tallying the goods from the barge Europa at seven a.m.—I tallied the case 2951—the numbers are called out as the cases are put into the sling, and I check them myself—as cases are taken from the lighter they are let down into the hold immediately—I finished tallying the goods from the Europa at 11.30 that day.
Cross-examined. Apparently the box was in a good condition when I tallied it; I tallied it as in good condition.
By the COURT. This case was declared to us as books and stationery, and of course we did not (know its particular contents—if a case is damaged we make a note on the bill of lading; otherwise we should not make a note of it.
JOHN-SMITH ASHWORTH . I live at 29, York Road, Plaistow, and am foreman of the stevedores of the. British Steam Navigation Company—I was so acting on 24th July on board the Chybassa—I superintended the unloading of the goods from the Europa at seven in the morning, and my gang finished at half-past eleven—during that time, as far as I know, they were taken away without any tampering, and they were in good order, as far as I know—at half-past eleven I was succeeded by a gang under Barlow—the prisoner worked for me five or six years ago, before the strike, as a stevedore's labourer—I knew him by the name of Morris, never under the name of Lawrence.
Cross-examined. I was known in the dock as John Smith; those are my Christian names.
CHARLES BARLOW . I live at 26, Western Road, Plaistow—I am a stevedore's foreman—on 26th July I was working on board the Chybassa—I succeeded the gang under Ash worth's supervision—I continued the job, and worked till five p.m.—I should say I passed away between sixty and seventy tons—I placed my sixty or seventy tons of goods on the top of Ashworth's.
PETER HAMPTON GARDENER . I am an officer of the steamship Chybassa, belonging to the British Steam Navigation Company—in July last she was in the Albert Docks—I joined her on the 18th July, I think—we were loading for Kurrachee, in the Persian Gulf—I superintended the loading of three or four hatches—I remember the Government cargo brought by a barge—I had a general supervision of both hatches when the stevedores were loading—nothing attracted my attention—when the loading was completed the hatches were put on at five p.m.—they were not battened down till after leaving—I went in the ship to India—it was quite impossible for anyone to get to where this cargo was stowed during the voyage—we went to Algiers, Port Said, Suez, Kurrachee, and Bombay—when we got to Bombay we started to unload the cargo about two p.m. on Saturday—there was a police officer from Bombay—on examining this case I found the top of the seal on the left-hand side had been cut—one part of this tape had been cut close to the band, and there were marks on the case as if it had been prised open, and there were marks which had been filled up with wax—the top seemed to have been lifted up—the top had been originally cracked, and then had been put down again—on the top being taken up something rattled inside—about six p.m. the same day it was opened by some officials
—the tin lining inside the case had been cut with something sharp; it was very clean, and corresponded with this piece of the top where the board had been lifted—there were also two cross-cuttings in the tin lining—I found things taken out—the brown paper was there, which had contained the missing stamps, 500 sheets of 240 each—I found some pieces of coal, and there were two packets which were opened—there were eighteen loose stamps and six separate ones, 24 in all—the case was afterwards put into another case, and brought home—before the case was examined I had not noticed anything wrong with it; it looked dirty, but that was all—cases coming from lighters often look dirty—these are the brown paper wrappers and these are part of the bands—they had been lifted up to get the case open.
Cross-examined. I have known him about fourteen years—I never heard that his wife's maiden name was Lawrence—I did not know her before she was married.
GEORGE ANTHONY . I live at 68, Ordnance Bow, Barking, and am a stevedore—I have known the prisoner well for about sixteen years, and as working in the name of Morris—he was sometimes called "Little Ben"—I knew he lived at 18, Charles Street, for seven years I have been to the house and he has been to my house—he had only visited my house on about two occasions in the previous year—I heard of his arrest; I told my nephew of his arrest—I did not know what it was for—I knew about Ash ton's arrest—I knew the prisoner as Benjamin Brackett—I had been to the house in Charlotte Street after he was arrested—his wife came round to see my nephew—he knew she was there he did not stop to see her, she came to the house.
Cross-examined. I have been on very good terms with the prisoner up to his arrest as far as working goes, but we had a little bit of a row three years ago—I have not been to his house since—my wife has been dead three years—I have been on good terms with him for the last two years—he had visited me within the last two years about twice—I say his wife came to see my nephew and not me, because when he got into a little trouble it was the wife's place to get him out of it—my nephew would not see her—my nephew had never said anything to me about the conduct of the prisoner till the police officers came to my house—they came to see my. nephew; he did not see them, he was working that night—next morning they saw him—I do not know what passed between them, I was out at work—I know they saw him—I never knew my nephew was implicated, or knew anything about the case, till the officers came, and the first time I had a chance of seeing my" nephew I asked him—that was after the first hearing at the Police-court—I knew the prisoner's wife, but I did not know her maiden name was Lawrence—the prisoner is about forty-five or forty-six, I should think—I knew him in the docks as Morris—it is quite a common thing for men in the docks to have many names, sometimes twenty—they are called to go to work by a name—it is a common thing to have nicknames and different names.
Re-examined. I never knew the prisoner by the name of Lawrence, only Morris and Brackett—however many names men have they have
only one address—Mrs. Morris came round to my Louse after the first hearing—I am sure my nephew did not see her and speak to her.
GEORGE HAYWARD . I have lived at 68, Ordnance Row, with my uncle for about two years—I am a stevedore's labourer and work in the docks—I believe I have worked with a man of the name of Morris—there are a lot named Morris—I heard of Morris's arrest for being in possession of stolen stamps—Morris's wife came round on one occasion as I was going out; that was after her husband's arrest—I made a statement about this to the police—I did not see Mrs. Morris when she came; I was going out as she came in—I had worked with Morris as a stevedore—a gentleman came round to see me—I went before the Magistrate; I think the prisoner was the man I saw there—some time before the arrest a man spoke to me about going into the docks with him one night; the prisoner looks like the man—I said before the Magistrate, "I know the prisoner, and have done so for eighteen months, by the name of Little Ben"—the man is much altered; I should not like to swear he is the man now—I knew Little Ben; he had no whiskers—when I went before the Magistrate the first time it was Little Ben I was speaking of—I have heard him called Ben Morris—I work as stevedore's labourer, and to clean ships' bottoms—I have on occasions worked with the prisoner—I remember hearing of the prisoner's arrest; three weeks or a month before hearing of the arrest I had a conversation with him—he spoke to me about going into the dock with him—he asked me if I would take a walk with him; he said I should come to no harm—I was looking for a ship—I was to do nothing that I know of—he said something about looking out—he said I should come to no harm; all I had to do was to look out; something of that sort—I did not consent to go with him; I could not go—after that, on a Monday morning, he said that the day before he had had the longest three hours he had ever spent in his life—he said, "We had a drink and went in as lightermen"—he boasted that he had got about £2,000 of foreign paper money, and he would take £50 for it if he could get it—he did not talk about going abroad—I was trying to get to sea—nothing was said about forging papers and going to sea—the man who had this conversation with me was not going to forge the papers for me; that is what I said myself—I believe Morris also wanted to go to sea, and wanted papers to do so—the first time I gave evidence and was cross-examined I did not nod to the prisoner when I came into Court—it was not said in Court that I did—the prisoner's wife called on me before I gave evidence at all, for me to sign a paper for money—I did not see the prisoner till 1st December—he had been in custody from 24th August till 1st December before I gave evidence—when I first went into the Police-court I was flurried, and I never took notice of the prisoner to speak of—I believed the man I gave evidence about was the man I knew as Little Morris—I never heard of the name of Bracket—I hare never seen him at my uncle's place, but I believe he used to visit there.
Cross-examined. To the best of my belief the first conversation was when he asked me to walk to the docks—I said I believed he used to visit my uncle's house; I don't think I ever saw him there—previous to that—I had never, to my knowledge, walked with him—I only knew him
as a workman—I believe I had seen him before—the conversation about foreign paper took place in the East India Dock Road—there were a lot of people passing; a lot of people were out of work at the time—there might have been 500, for what I know; they were looking for work—I was there looking for work, and so was the prisoner—I cannot say if I spoke to half-a-dozen other people on that occasion—other people were about when we had our conversation, and might have heard it—I knew the men that were round us—I did not believe what he told me; it struck me for a moment, but I took no more notice of it—I did not tell my uncle anything of it, although he was a friend of the prisoner—I don't think I mentioned the conversation when I heard of the arrest—I am not sure I did not; I don't believe I did—I had not, to my knowledge, mentioned it before hearing of the prisoner's arrest—I made a statement to the detective who came to me—he. asked me a number of questions, and it was from my answers that he took down my statement.
Re-examined. My statement was read over to me, and I signed it—I did not want to go to the docks with the prisoner—I was afraid I should get into a bother, because you are not allowed in the docks—I refused to go with him into the docks on Sunday, because I was afraid I should get into a bother—I think I said so before the Magistrate—I fix the date as Monday because we were clean—I have no idea what the prisoner meant when he told me—I did not ask him.
FREDERICK DICKER (Detective-Sergeant). On 24th August, about a quarter to seven, I was standing outside the Canning Town Railway Station—I saw the prisoner alone—in a minute or two he was joined by a woman, who handed him a large brown-paper parcel—he spoke and handed her back the parcel, and came into the station and took a ticket—the woman rejoined him in the station, and handed him the parcel—he went along the passage, and was going downstairs to the platform, when I stopped him and said, "We are police-officers: what have you in that parcel?"—he said, "I don't know"—I said, "I want to see"—he said, "Very well"—I took him into the ticket—collector's box, and opened the parcel and found it contained stamps—I said, "Where did you get these from?"—he said, "A short, stout gentleman asked me to carry it from Kurtz's"—that is the Bridge House Hotel, about forty yards from the station—I said, "Your answers are very unsatisfactory, and I shall take you to the station"—I did so—I first charged him with unlawful possession—he was asked his name and address; he said he was engaged to carry them for a short stout gentleman—he gave the name of Benjamin Lawrence, Fivehorn Street, Bromley-by-Bow—we inquired, and found it was a false address—the parcel contained 239,000 and odd stamps—120 were loose—each sheet contains 240 stamps—pieces of Lloyd's newspapers were between each 100, showing that they had been counted, and these pieces of paper put in.
Cross-examined. Reed was with me—I left the collector's box at one time; but Reed did not for an instant, except to stand at the doorway, it is a small box with room for about two men—Reed never left my side, and could not have gone out without my seeing him—I only saw the prisoner at the station for a minute or two—I asked for Mr. Lawrence at the address he gave, or if such a man had ever resided there—they said no—they said the people there had lived there for some time; they knew
nothing of a person named Lawrence—I did not then know the name of Bracket—I never heard that the prisoner was living apart from his wife—I found on him a railway ticket to Stratford.
GUILTY of receiving. — Eight Months' Hard Labour ,
MR. HUTTON Prosecuted.
CATHARINE GORDON . I am the wife of Charles Gordon, of 228, Victoria Park Road—on 18th November, about 8.20, I saw the three prisoners outside Mrs. Hannett's shop—I saw Hander take a carpet from outside the window close to my feet, and run over the road with it—I spoke to an assistant, and he went after her, and took her with the carpet—the other two prisoners were standing beside her when she took it, and when she ran across the road Sullivan said, "What has she done?"—I said, "She has runaway with a carpet"—she said, "Oh, poor thing!" and they went away down the street—I thought they were just having a wee bit of fun.
SARAH KAY . I live at 35, Charlotte Street, Tidal Basin—I was with Mrs. Gordon, and saw the three prisoners inside the shop—Sullivan came out first, and then the other two—Hander was at the side of the window, took away the carpet, put it under her arm, and ran across the road with it; an assistant ran after her.
WALTER RICHARDSON . I am assistant to Mary Hannett—I saw the three prisoners in the shop with a little boy—Sullivan bought him a handkerchief for three shillings and sixpence, and a man bought him a cap and a pair of boots—then they went out, the man first and the three prisoners after—it came on rather foggy, and I started clearing the goods—Mrs. Gordon spoke to me, and I went outside and saw Hander run across the road with the carpet under her arm—I went after her—she said, "Goodness gracious, don't take me; the other two enticed me to it"—I gave her in charge—when I came back the others had gone; she appeared to have had a little drop.
FRANCIS KRONK (573 K). I was called to Hannett's shop—I told Hander I should take her for stealing the carpet; she said, "Johanna told me to take it; she said she had paid for it, and I took it','—I afterwards took Sullivan, and told, her the charge—she said, "Oh, you mean Mrs. Green; she's tall, and wears a shawl like me; she is Tilly's landlady. "
Hander's Defence. I only did it for a lark; how could I put a big carpet under my arm? I live in the street, and am in and out of the shop almost every day; if it had not been for a drop of drink it would not have happened.
SULLIVAN and GREEN NOT GUILTY .
HANDER GUILTY .
She then PLEADED GUILTY to a conviction at West Ham on 30th March, 1883, and other convictions were proved against her.— Twelve Months' Hard Labour.
153. ARTHUR WEST (26; PLEADED GUILTY to obtaining by false pretences, from Clement Bordman and others, thirteen yards of sheeting and other articles, and from Jeremiah Rotherham and others thirty-six shirts. Eight Months' Hard Labour.
MR. DRAPE Prosecuted.
ALBERT JOHN TUCKER . I live at 5, Market Place, Gipsy Lane, West Ham, and am a job master—Hodge was in my employ for the purpose of looking after my harness—on Monday, 14th November, he had a holiday—about eleven that night I saw the horse in the stable and the trap in the yard, and the nosebag and harness in the stable—the yard gate was fastened—on the 15th, about six in the morning, I missed those things—one of the gates was opened—a light was burning in the stable, which had been in darkness the previous night—I had to go to London—I wired to the police—I afterwards went to Hackney Police-station, where I saw my pony, nosebag, and harness, and another trap, not mine—my whip was not there—I have never got that back—the prisoners were at the station—I have since seen my own trap at Mr. Green's, at Bow—Stacey lives in Upton Park Road, abutting on my stable.
WILLIAM WILSON (58 J R). On 15th November I saw the prisoners at Mr. Atkin's yard, where I was called—I saw a horse and trap—I asked Hodge what he wished to do; he said he wished to put up for the night—I asked him if he had any money—he said no, he had no money—I said, "Where do you wish to take the horse and trap to?"—he said to Duns table, to leave it there with a man named Rich, on his master's authority—he said his master was Mr. Tucker, of Forest Gate—I said, "Where do you come from?"—he, said, "Forest Gate"—I said, "What time did you leave?"—he said, "Three"—I said, "What made you so long driving here?"—he said, "We had seven shillings. We drove round and saw some friends and had dinner and tea, and spent the money and got no further"—I said, "If I telegraph to Mr. Tucker, shall I get a satisfactory reply?"—he said, "No; Mr. Tucker is in Norfolk, and has left me in sole charge of the business"—I told them I should detain them—I took them to the station.
THOMAS WALLIS (521 X). I am stationed at Forest Gate—on the 15th November, at quarter-past one, I saw these boys at Hackney Police-station—I asked them where the cart was—they said, "We left it on the road"—I said I should take them into custody for stealing. a pony, cart, and harness—they made no reply to the charge.
THOMAS GREEN . I live at 8, Priscilla Road, Bow—I am a job master—on the 14th November the two prisoners came to me, and Stacey asked for a cart to go to the hospital at nine o'clock to fetch their missis—I supposed they meant Mr. Tucker's missis—they had a horse and cart with them, but the tire of the cart had broken—they both spoke—they said the cart belonged to Sawyer, of Upton Park—they said they came from him—Stacey said it was his father's trap, I think.
Cross-examined by Stacey. Sawyer was the name given me—you spoke first, and then you both owned up to it.
The prisoners in their defence said that they had no intention of stealing the horse and trap hut that they only went out for a drive.
GUILTY . Mr. Wheatley, of the St. Giles's Christian Mission, said that he would take charge of the boys, who were willing to go with him.
Discharged on Recognisances.
Before Mr. Recorder.
155. EDWARD SHEAN, ROBERT RAMSEY, JAMES LYNCH, EDWARD BURKE , and PATRICK DWYER, Breaking and entering the dwelling-house of George Grimble, and stealing two pairs of boots, his property. Second County 'Receiving the same.
RAMSEY and LYNCH PLEADED GUILTY .
MR. BROMBY Prosecuted.
GEORGE GRIMBLE . I keep a wardrobe shop at 2, New King Street, Dartford—on the evening of the 14th November, when I went asleep, my shop was properly shut up—about a quarter-past seven next morning I was having my breakfast upstairs in my parlour over the shop, when I heard a crash of glass—I threw the window up, and saw Shean, Burke, and Dwyer outside—Shean was very drunk, and Burke and Dwyer were trying to assist him up—he was on the ground—I went down into the shop and opened the door—Burke and Dwyer were taking Shean away, and I thought they were drunk, and had fallen against my window; and I was coming indoors, when I was told something, and I ran down the street after Ramsey and Lynch—I went into a lodging—house, but could not see them—I only saw the backs of the two men I ran after down the street, and I cannot swear to them—I went to the Police-station and saw the inspector with Lynch and another man—Lynch said, "I will not go with you, I will go with your inspector," and then he dropped a pair of boots and I picked them up—when I ran down the street the three men were walking away in the same direction as the other two men had gone—the two men had gone into the lodging-house in New King Street.
JOHN BURLS . I am a corn merchant, at High Street, Dartford—on November 15th I heard Mr. Grimble's window broken—I was coming out of my door and I went out and saw Shean on the ground and Dwyer and Burke helping him up, and Ramsey and Lynch each took a pair of boots out of the window and ran down the street—when Burke and Dwyer got Shean up they went down the street in the same direction as Ramsey and Lynch—I saw them come up the other street and go down Wellington Street five or six minutes after.
Cross-examined by Shean. I did not see who broke the window—you were on the ground—you were against the window.
By the COURT. I have no doubt they were all together.
RICHARD RICKSON (474 R). At half-past seven a.m. on the 15th November I looked out for the prisoners—I found Shean struggling with another constable and Burke and Dwyer were trying to get him away—I went to their assistance and we had a terrific struggle—I believe
Shean was drunk—Burke did not appear to be so drunk then, but he did afterwards at the station—I should think Shean was more excited than drunk at the time, because he had been struggling with another constable who, I believe, struck him on the head with his truncheon
Cross-examined by Burke. You said "You must not take Shean into custody. "
Cross-examined by Dwyer. You said, "Do not go, Ted.
JOHN MESSENGER . I am the deputy of the lodging-house, 50, New King Street, Dartford—Lynch and Ramsey did not have beds there. on the night of the 14th November, but they were the place that night—Ramsey paid me threepence—Lynch came in with Kamsey—Shean Burke, and Dwyer did not have beds in the house that night, and they were not in the house that night, but next morning they were—I saw all three there next morning, about 5.45—they all went out together.
Cross-examined by Shean. I saw the five of you together—you Sullivan, and Burke were the first to go—you did not all five go out together, but I saw the five of you together—you paid me fivepence for your lodging—I was not present when Sullivan and Burke went in together.—Sullivan is another man who was discharged.
Cross-examined by Dwyer. I did not see you going out with the five at a quarter to six—you went out afterwards-you were asleep on the end of the table.
TIMOTHY SULLIVAN. YOU , I, and Burke came out of the lodging house just after five—you were overcome against the Noah's arc—I and Burke were leading you home when someone came and holloaed out "Stop that man"—you were not overcome altogether through drink—you came over queer, and were vomiting.
By the Count I am a dock labourer—I have worked during the last month for Mr. Adams, of Rotherhithe—I did not know his address—he carries on business all over the Commercial Docks.
Shean, in his. defence, said that he, Sullivan and Burke were passing the window when the other two men broke it, and. stole the boots, and that they had nothing to do with it. Dwyer stated that he was, not there that morning
PLEADED GUILTY . No evidence was, offered against Shean, Burke and Dwyer
RAMSEY* Twelve Months' Hard Labour.
LYNCH, nine months' hard Labour.
MR. CAWSER Prosecuted.
FREDERICK HOARE . I live at 5, Ordnance Road, Woolwich—I am a sergeant in the Woolwich Academy—on Sunday night,6th November, I left home about half-past nine—I went to my duty till about two in the morning when I returned I put my trousers on a peg, and then got to bed—I got up at five and my trousers were gone and also the children's shoes—I heard no noise in the night—the washhouse window at the back was shut when I went to bed—I could not say whether it was
fastened—in the morning it was open, and there was some dirt on the window-ledge—the prisoner is my wife's brother—he has stayed in my house before—when he had done his ten years, I took him home to do something for him, and this is how he has returned it.
EMMA HOARE . I am the wife of the last witness—on the night of 6th November I went to bed about ten, after my husband had gone to his duty—before going to bed I saw that the house was all shut up, except the washhouse window, which I could not fasten without going outside, but I pushed it closely to—I noticed my husband's trousers hanging in the bottom passage when I went to bed, and I laid my children's day's food ready for them on the kitchen table—when I got up in the morning it was all gone, and I missed my husband's trousers—I heard no noise during the night.
HERBERT HOARE . I am the prosecutor's son, and am thirteen years of age—on 6th November I slept in the front kitchen—I was awoke during the night by my uncle, the prisoner—he made a noise, and came into my room, and every time I went to look at him he put up a sack to hide himself—I did not say anything to him—my mother had left a candle in my room alight—he went to the cupboard more than once—my two brothers were in the same room with me; they are older than I am, but they were asleep—in the morning I told my mother and father.
He then PLEADBD GUILTY to a previous conviction on 9th October, 1882. Dr. Gilbert, who had had the prisoner under his observation, stated that, although not insane, he was of a very low type indeed.— Nine Months' Hard Labour.
ADJOURNED TO MONDAY, 9TH JANUARY, 1893.