CENTRAL CRIMINAL COURT
FOURTH SESSION, HELD FEBRUARY 6TH, 1893.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
EDWARD T. E. BESLEY, ESQ.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
STEVENS AND SONS, LIMITED, 119, CHANCERY LANE,
Law Booksellers and Publishers.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, February 6th, 1893, and following days.
BEFORE the RIGHT HON, STUART KNILL, LORD MAYOR of the City of London; the Hon. Sir HENRY HAWKINS , Knt., and the Hon. Sir VAUGHAN-WILLIAMS, Knt., two of the Justices of Her Majesty's High Court of Justice; Sir REGINALD HANSON , Bart., M. P., Alderman of the said City; Sir CHARLES HALL , Knt., Q. C., M. P., Recorder of the said City; HORATIO DAVID DAVIES , Esq., ALFRED JAMES NEWTON , Esq., FRANK GREEN , Esq., MARCUS SAMUEL , Esq., WALTER VAUGHAN MORGAN , Esq., and WILLIAM PURDIE TRELOAR, 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. FOURTH 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, February 6th, 1893.
Before Mr. Recorder.
230. HENRY JONES (50), GEORGE SMITH (18), and HENRY WILLIAMS (32), PLEADED GUILTY to a burglary in the dwelling-house of Tom Mayor Williams, and stealing twelve brooches and other articles, value £392; they also PLEADED GUILTY to having been previously convicted of felony, and other convictions were proved against each. JONES and WILLIAMS— Ten Years' Penal Servitude.
SMITH— Three Year' Penal Servitude.
The COURT commended the conduct of the Police.
231. JOHN JAMES STEVENSON (30) , to while employed in the Post Office, stealing 6d. from a post letter, the money of the Postmaster General.— [Pleaded guilty. See original trial image.] Eight Monty Hard Labour.
232. JOHN EASTON (32) , to, while employed in the Post Office, stealing a post letter, containing postal orders for 10s. and 2s. 6d., the property of the Postmaster General.— [Pleaded guilty. See original trial image.] Ten Months' Hard Labour.
233. JOHN PATTERSON (35) , to two indictments for, while employed in the Post Office, stealing post letters, containing postal orders, the property of the Postmaster-General; and JOSEPH THOMAS SEARS (42) , to receiving the said letters.— [Pleaded guilty. See original trial image.] Three Years' Penal Servitude Each.
234. HARRY CASELTON (23) , to four indictments for, while employed in the Post Office, stealing letters, containing cheques; and HARRY MAYO (21) , to receiving the said letters; [Pleaded guilty. See original trial image.]Caselton also
PLEADED GUILTY to forging and uttering a receipt for 4s.— Fifteen Months' Hard Labour.
MAYOR— Twelve Months' Hard Labour.
235. EDMUND FOSTER (24) , to forging and uttering an endorsement on a cheque for £16 10s. 10d., the property of the Bedfordshire County Council; and also to a conviction of felony in January, 1890.— [Pleaded guilty. See original trial image.] Eight Months' Hard Labour. (The COURT commended the conduct of Sergeant Scott and William. Lord). And
(236) GEORGE PUGH , to feloniously forging and uttering a receipt for £4 19B, 2d.; also to embezzling, while in the service of the Operative Bricklayers' Society, £3 0s. 5d., £4 19s. 2d., and 10s. 6d., received by him on account of his employers; also to unlawfully and wilfully falsifying the books belonging to the Operative Bricklayers' Society, his masters. A witness deposed to the prisoner's good character.— [Pleaded guilty. See original trial image.] Fifteen Months' Hard Labour.
MR. ROOTH Prosecuted, and MR. GEOGHEGAN Defended.
JULES GOBETS (interpreted). I am a Frenchman, and am a cattleman—I am now living at 5, Sparrow Corner, Minories—I was a sailor on board the is. Ovendean Grange; I went on board at Buenos Ayres in December, 1892—I left the ship on 24th January in London—the prisoner was a sailor on board the ship—I had on board 225 francs of mine and Rajon's; 100 francs belonged to him, the rest was mine; it was mixed together; it was tied in a handkerchief and put inside a "Wellington boot at the bottom of a sack, which was placed at the head of the bed of Rajon's—I missed the money on the 17th January, the day we arrived here—it might have been the 16th—I had seen the money on the 16th—I did not accuse the prisoner of stealing it; I suspected him but I did not accuse him; I told him I had lost it, and he jumped up, and advised me to go to the chief officer and search the ship—the officer sent below and said, M Say nothing to nobody"; I do not know that there is a rule that the last man left on board should look round and take care of anything found until inquiry is made"—I don't recollect when I left the ship; it might have been the 23rd or 24th; I left before the prisoner—he has never said anything to me about the money he found.
By the COURT, When the ship stopped at Las Palmas, Rajon went and got some money to buy oranges—the prisoner was not there then—the oranges were brought by a-shore-boat—there were men on board at the time.
WALTER LILLEY (Dock Constable 108). I took the prisoner into custody on the 25th January when the Ovendean Change came into dock—he was leaving the dock—I told him to step into the police office and asked him if he had any money about him—he said, "Yes"—I said, "What kind is it?"—he said, "French money, belonging to the men on board; here it is," handing to me from his waistcoat pocket fourteen 20-franc pieces and one 10-franc gold piece—the inspector was there at the time.
Cross-examined. I was in plain clothes—it is my duty to see that suspicious looking persons do not leave the dock without being searched—the prosecutor reported his loss to me on the arrival of the ship at half-past eleven in the morning, and I arrested the prisoner at a quarter past five in the evening—I told him I was a police-officer.
Re-examined. The prisoner was dressed as he is now, with gilt buttons on his clothes—it is not the usual uniform for a man in his position—it is the uniform of a steward.
JOHN BEECH (Dock Inspector). On 25th January the prisoner was brought into the office—after what passed with the officer the prisoner made a statement to me, which I took down—this is it (Read: "What I want to say is this; it certainly do look suspicious that I have stolen the money, as it was found on me; but I am quite innocent—after they had packed up and gone that night I went into the room with a light,
and on looking round I saw an old handkerchief; I picked it up, and in it found fourteen 20-franc pieces and the 10-franc gold piece tied up in it"—I said there had been 320 francs lost—he said he was well aware there was money lost on board, and that this was some of it—I told him he would be detained until we found the prosecutor, and he was then charged.
Cross-examined. We found the prosecutor next morning—he was staying at the Nun's Head Coffee-house, Tower Hill—the prosecutor had left the ship when I stopped the prisoner—the captain was then on board.
JEAN RAJON , I was a sailor on board the ship; I joined in December—I was a friend of Gobet's—he and I had some money which we kept together tied in a handkerchief in a bag at the bottom of a sack which hung at the head of my bed—on 16th January I fetched some of the money to buy bread and oranges—I took twenty francs, and my comrade took five—I left the rest of the money in the same place—at the time I took out the money the prisoner was there in his bed, about a step from the place where the money was—next day, the 17th, the money was gone—my comrade gave information to the chief officer, and he informed the police—there were only five persons in the place when I took out the money—there was no coal dust on the handkerchief then.
INSPECTOR BEECH, There was coal dust among the money that the prisoner produced.
WILLIAM ARTHUR WILLIAMS , I am chief officer of the ss. Ovendean Grange—she is an English ship, registered in the port of London—it is not true that I am prejudiced against the prisoner, Or that I have any animosity against him, or that I have put up the police against him.
Cross-examined. The register of the ship is 1,550 tons, thirty-two hands all told—the prisoner was donkey man on board; as such he would look after the engines and coals—he would be engaged about one hundred feet from the coal bunkers—he was on duty until the ship arrived in London—as donkey man he would wear brass buttons—I did not engage him; the chief engineer did—we should not have taken him if he had not borne a good character.
The prisoner, in his statement before the Magistrate, alleged that, hearing of the loss of the money, he searched the ship, and found the money to and left the dock intending to find the prosecutor and give it to him; that he had no intention of keeping it, but that the chief officer, being prejudiced against him, informed the police.
— GUILTY, Strongly recommended to mercy by the JURY on account of his good character.
Three Months' Hard Labour.
MR. MACMORRAN Prosecuted.
SIDNEY KNIGHT , I am a schoolboy—about four p. m. on Monday, 2nd January, I was outside Scarlett's, in Orchard Street, Great Smith Street, Westminster, and saw a crowd—I saw the two prisoners and the prosecutor, who was staggering across the road—they came across to the baker's shop where I was standing, and the prisoners put their hands in his pockets and took out his money—the prosecutor struggled and they followed—I heard the money rattle, and I then saw the prisoners running down Great Peter Street and counting the money—they went down Strutton Ground, and were just about to enter a lodging-house
when I and another boy pointed them out to the constable—I did not lose sight of them once.
Cross-examined by Webster. I did not see you picking the prosecutor up from an omnibus; no traffic was passing at the time—the prosecutor came from the public-house and was going to run across the road to the baker's shop; he did not go near the paper shop—he struggled outside the baker's shop; no vehicle was passing at the time.
Cross-examined by Dougherty. Both of you got hold of the prosecutor in the middle of the road; you took the money out of his pockets, and then left him by the baker's shop.
ERNEST GILLMAN , I am a page at 17, Dean's Yard—on the afternoon of 2nd January I had just come out of the paper shop in Great Smith Street, and I saw the prisoners push the prosecutor up against the shop, and one held him while the other took the money, and then they walked down, through Orchard Street, and another turning, into Great Peter Street and Strutton Ground—I saw a policeman and told him about them, and he took them in charge and took them to the station—I had sight of them the whole time.
Cross-examined by Webster. The prosecutor did not fall down—I was outside, the paper shop.
Cross-examined by Dougherty. Webster held him while you took the money—I did not lose sight of you.
ROBERT KELLINGTON (40 A R). About five p.m. on 2nd January I was on duty in Strutton Ground—the last witness informed me of something, and I went and took the prisoners into custody—I told them I should take them for being concerned in robbing a man in Great Smith Street while drunk—Webster said, "Oh, blind me, governor, I have never seen a drunken man; I am not going to the station"—I told Dougherty he would have to go—he said, "We will go quietly"—I took them to the station, and sent a constable with Knight to find the drunken man—Delaney was brought to the station—he complained that he had been robbed by two men, but he did not know who they were—I saw when he came in that both his pockets were turned out—I found on Webster sixpence silver and sevenpence bronze, and on Dougherty sixpence silver and threepence bronze—they made no reply in answer to the charge.
Cross-examined by Dougherty, You both went quietly to the station.
WILLIAM DELANEY , I am a labourer, living at 4, Great Peter Street—on the afternoon of 2nd January I was very drunk—I spent between five shillings and six shillings that day, I think—I cannot recollect how much I had left—I may have told the Magistrate I had change for about two shillings, but I have no idea how much it was—I don't remember anything about the occurrence.
Cross-examined by Dougherty. I said I could not identify the men who had robbed me, and I was charged with being drunk.
The prisoners in a written defence stated that they saw the prosecutor drunk and staggering in Great Smith Street, and as an omnibus was approaching they dragged him out of the way and put him against the wall of the public-house and then walked off, when they were arrested; and they asserted their innocence.
DOUGHEETY then PLEADED GUILTY** to a conviction of felony in
August, 1887— Ten Months' Hard Labour. WEBSTER— Six Months' Hard Labour. The COURT commended the conduct of Knight and Gillman.
NEW COURT.—Monday, February 6th, 1893.
Before Mr. Common Serjeant
MR. WILKINSON Prosecuted. ROBERT EBENEZER KING, I am a tobacconist, of 8, High Road, Knightsbridge—on an evening in January, between six and seven o'clock, the prisoner came in and asked for half an ounce of gold flake, price 2 1/2 d., which I put into one of my half-ounce papers, with my name on it—he gave me a half-crown; I put it into the till, and gave him the change—there was no other half-crown there—I gave it to Mrs. Salter the same evening, after which a constable came.
JANE SALTER , I am a nurse in Mr. King's service; he gave me this half-crown on 10th January in the evening, and I took it to Mr. Johnson, a chemist, the same day as I received it; made a purchase, gave it to him, and received change.
ROBERT JOHNSON , I am a chemist, of 83, Brompton Road—on Tuesday, January 10th, between seven and eight o'clock, Mrs. Salter made a purchase at my shop, and gave me a half-crown—I gave her the change, rang it, and placed it in the till on top of some silver—there were other half-crowns in the same compartment, but they were under the shillings—about half-an-hour afterwards a constable came—I had taken no money in the meantime—I took this half-crown out of the till; it was lying at the top—I bent it and gave it to the constable.
ISIDORE ABOULTER , I am in the employ of M. Dumarier, who keeps the Swiss Café, High Street, Knightsbridge—on Tuesday, 10th January, about 6. 30, I was serving in the bar, and the prisoner came in and asked for a slice of cake, price 2d.—he offered me a half-crown; I thought it was rather light, and tried to bend it, but could not—I called my governor, who gave him in custody—I knew him before; I had seen him in Christmas week, about 9.30 p. m., dressed in Militia clothes when he asked me for a slice of cake and some ginger beer, and gave me a five-shilling piece—I gave him 4s. 9d. change, and put the coin in the till—there was no five-shilling piece there; I had not taken one that day.
MORRIS DUMARIER , I keep a cafe at 13, High Street, Knightsbridge—on the evening of January 10th Aboulter called me, and handed me this half-crown—I said nothing to the prisoner, but gave him in custody—in Christmas week, about 12.30 at night, I found a bad five-shilling piece in my till—that was the only crown there—I bent it, and threw it into the fire.
GEORGE HALL (100 B). I was called to this café, and found the prisoner detained there—Mr. Dumarier said, "This man has passed a ad half-crown; he is the man who gave me a bad five-shilling piece before Christmas"—the prisoner made no reply—I asked where he got
it—he said for his pay in the Middlesex Militia at Hounslow Barracks on Saturday evening—I searched him, and found five florins, thirteen shillings, and 2s. 6d. in bronze, all good—I searched him again at the station, and found this half-ounce of tobacco with Mr. King's name on it—Mr. Johnson gave me this half-crown, and Mr. Dumarier this one.
R.E. KING (Re-examined). This is the same kind of tobacco as I sold the prisoner, and this is my paper.
Prisoner's defence: I did not know they were bad.
GUILTY — Four Months' Hard Labour.
MR. PARTRIDGE Prosecuted.
CATHERINE MC CARTHY , I assist Mr. Taylor at his fish shop, 190, Cable Street—on November 23rd, about 6.30 p. m., the prisoner came and asked for some fish and tendered a florin—I put it on a shelf in the back kitchen, where there was only one shilling, two sixpences, and a half-crown—I gave the prisoner the change—a man came in behind her who I now know as Costello. (See page 137)—he got in front of her, and asked me about some fish, and they went out one after the other—I picked the prisoner out on 6th January from five or six others at the Police-court.
KATE TONSLEY , My father keeps a public-house—on 23rd November, about 7. 15, Costello came in with a baby on his arm—the prisoner and another woman then came in, and Costello asked them what they were going to have to drink; they had some ale—the man said he had no money, and the prisoner paid with three penny pieces—after that I served them with some bitter ale, and the man paid with this florin (Produced)—I put it in the till—it is marked—I gave him 1s. 10d. change—my sister came into the bar, and the prisoner asked her for a pennyworth of peppermint; for the baby, I think—the man paid for it with another florin, and my sister came to me for change—I had taken the first to my father, and I took the second to him; they were both bad—he went round the counter and nodded to me to fetch a policeman, and when I went the prisoner ran past me in the street—my father handed Costello over to the policeman—I picked the prisoner out on January 6th from half a dozen others.
MAUD TONSLEY , I am a sister of the last witness—on 23rd November I served the prisoner with a pennyworth of peppermint—she had a baby—in her arms which I saw Costello give to her—Costello gave me a florin which I gave to my sister—my father entered the bar, and the prisoner ran into the street with the baby.
GEORGE TAYLOR , I keep a fish shop at 190, Cable Street—on November 23rd a constable spoke to me; I looked at the money on my mantelpiece and found this florin there, which I handed to Inspector Cox—it was the only florin there.
—Cox (Police Inspector H). I received this florin from Taylor on 23rd November, and have kept it ever since—on January 6th the
prisoner was brought to the station charged with being concerned with Costello; she made no reply.
WILLIAM SMITH (Detective H). I received a description of the prisoner in November, and on January 6th I saw her in St. George's Street, Shadwell—I told her I should take her for being concerned with Costello in uttering two florins, and also one at a fish shop—she said, "Oh, no, not me"—she was identified by three witnesses.
The prisoner produced a written defence, stating that she met Costello, who gave her some drink and a florin, with which she bought some fish, but that she did not know the money was bad.
NOT GUILTY .
MR. PARTRIDGE Prosecuted. HERBERT CYRIL WALPOLE, I manage the Prince Arthur publichouse, Forest Road, Dalston—on 4th November, shortly after six, I served Cook with some beer—she gave me this bad shilling—I handed it to my employer, who broke it in Cook's presence, and sent for the police—about two months afterwards I saw her among other persons at North London Police-court, and identified her.
RICHARD NURSEY (Detective Sergeant J). On November 4th I was called to the Prince Arthur; the prisoner Cook was detained there, and this shilling was handed to me—she said, "It was given to me by a man for an immoral purpose"—I took her to the station; nothing was found on her, and she was allowed to go.
CAROLINE SHARMAN , I am barmaid at the Three Mariners—on 10th January, at a little after six p. m., I served Cook with a pennyworth of rum; she gave me a shilling; I told her it was bad, and returned it—she paid with a penny—I saw her again on the 21st, and recognised her, but had no dealings with her.
Cross-examined by Bolton. It was about six p.m.; it was dark—I did Dot give you in custody because there were no police—I can swear you are the man; I got quite close to you.
FLORENCE CAROLINE HILL , My father keeps the Three Mariners, and I lend a hand occasionally—on 23rd January, about 6. 30, I served Cook with half a quartern of gin, price 21/2 d., in this bottle (Produced) she gave me a florin; I told her it was bad, and she gave me a good half-crown—I gave her the change, and she left—I spoke to Miss Sharman—later on I saw the two prisoners brought back.
JAMES FLETCHER , I am an ex-detective—on January 23rd, about 6. 30 p. m., I was in the Three Mariners—I heard Miss Sharman make a communication to the landlord, in consequence of which I went out and saw Cook come out at the other door, cross the road, and go about sixty yards, join Bolton, and they walked together to Brampton Road, where they turned down under a dead wall and remained a minute or two and
came back—I stood close to them—they went outside the Kenton Arms—Sims then joined me—I detained Cook and told her the charge—she said she did not know it was bad—Sims detained Bolton—he struggled very violently and threatened to knock his brains in with a stick which he had in his hand if he did not let him go—I afterwards found these three bad florins exactly at the spot where Bolton was stopped—I handed them to the police.
Cross-examined by Bolton. The struggle was over 200 yards from the public-house where Cook tendered the florin—the first public house is about 250 yards from the second—it was not a bright night, but there was a large lamp outside the public-house—you went back with me to the public-house, but you had another struggle with me in Kingston Road.
J.C. SIMS (Re-examined). I joined Fletcher on 23rd January outside the Kenton Arms—I saw Cook and recognised her as having seen her some days before, and Bolton as a man I had seen on the 10th—I said, "I want you"—he said, "Who are you?"—I said, "I want you to come with me"—he said, "If you touch me I will knock your brains out"—Fletcher came up and said, "You take the man, I will take the woman."
JOSEPH PRAGNELL (352 J). I was called to the Three Mariners, and found the prisoners there—I charged Bolton with being concerned with Cook in passing counterfeit coin—he made no answer—I took him to the station, and Fletcher handed me three coins—I found on Bolton seven sixpences, a shilling, and 71/2d. in bronze, and this bottle with gin in it—he gave his address, Victoria Chambers, Commercial Street—there are no Victoria Chambers; there is a Victoria House, a lodging house—he was not known there.
The prisoners in their statements before the Magistrate, and in their defence, stated that they did not know the coins were bad.
GUILTY .—BOLTON— Eight Months' Hard Labour. COOK— Five Months' Hard Labour.
242. JOHN WILLIAMS (21), PLEADED GUILTY to burglary in the dwelling-house of Charles Nugent, and stealing two pairs of nut-crackers and a brooch and a dressing-gown, his property, having been convicted at this Court of burglary, on April 5th, 1892— Twelve Months Hard Labour
243. JOSEPH TEAHAN (16), and JOSEPH HAGGIS* (16) , to burglariously breaking and entering the dwelling-house of Jean Baptiste Bonyond, with intent to steal—Haggis having been convicted at Marlborough Street. TEAHAN— [Pleaded guilty. See original trial image.] To enter into Recognizances. HAGGIS— [Pleaded guilty. See original trial image.] Judgment respited.
OLD COURT.—Tuesday, February 7th, 1893.
Before Mr. Recorder.
MR. ABINGER Prosecuted, and MR. HUTTON Defended. ALBERT JAMES BALDWIN, I am a porter in the employ of Abraham Isaacs, of 4, Gravel Lane, Houndsditch—on 6th January, about four p. m., I took two crates of boys, caps and a coat in a barrow—I left my barrow outside while I went into the Don in Cheapside for about two minutes when I came out the barrow was gone.
ABRAHAM ISAACS , I am a hat and cap manufacturer, of 4, Gravel Lane—on 6th January I sent Baldwin out with a parcel of caps, value about £40—these produced are a portion of them; these are all I have recovered.
Cross-examined. There were about sixty dozen in the two crates, all new—these would be Bold at about fifteen pence each retail—I am not a retail dealer.
ROBERT SCOTT , I am a shell-fish dealer—I keep a stall in Gordon Place, Haggerston—I have known the prisoner as a shell-fish dealer all my life—on 7th January I saw him at the back of my stall—he said, "Bob, have you any half pence about you?"—I said, "All I have is ninepence"—he said, "Give me that ninepence, and I will give you three caps"—I gave him ninepence for them—he said they were worth a shilling and a halfpenny a piece in the shop—he had not got the caps with him—he sent his lad for them; I had them, and sold them to people in the neighbourhood at sixpence a piece—I afterwards went act to the prisoner and had six more—he sent his lad for them—I took them to Mr. Wood's shop in Hoxton Street, and in consequence of what he said I took them to the station—I did not ask the prisoner how he came by them.
Cross-examined. I have always known the prisoner as a straightforward man—I have known such caps sold by Jews at threepence a-piece—I heard the prisoner say at the station that he bought the caps of a Jew in the Borough.
WILLIAM SAUNDERS (City, Detective). On Saturday, 7th January, about twenty minutes to eleven at night, I saw the prisoner standing by his stall in Hoxton Street—I told him I was a police officer from the City; there was a man at Kingsland Road Police-station who had some caps which had been stolen from the City, and I wanted to know how he came possessed of them; he states that he bought them from you—he replied, "Yes"—I said, "How did you come possessed of them?"—he said, "I bought them from a Jew-looking bloke"—I said, "How many did you buy?"—he replied, "Six"—I said, "How much did you give for them?"—he said, "Fourpence each"—I said, "Did you have any receipt?"—he said, "No"—I then took him to the Kingsland Road Police-station—I asked him if he would know the man again he bought them from—he said, "No"—I saw the witness Scott at the station, and I said to him in the prisoner's presence, "Is this
the man you bought them from?"—he said, "Yes"—and he said to the prisoner, "You have done a good thing for me; they have kept me here three hours"—I said, "Have you any more?"—he said, "Yes; I have three more at my house"—I then conveyed him to Cloak Lane Station, where he was charged with stealing and receiving—he said, "I can prove I never stole them, for I was at my stall all day Friday, so I could not have stole them"—on the Sunday he was at the station, and his son came to see him, and the prisoner said to him, "You show this gentleman the house you got the caps from; I don't want to be made a mug of for them; I want to get out of this"—I went with the son to 19, Huntingdon Street, and they denied all knowledge of the boy, and nothing was found there—subsequently Sergeant Willis handed me three caps—I showed those to the prisoner, and said, "Are these the three caps you said you had at your house?"—he said, "Yes. "
PHILIP WILLIS (Detective Sergeant G). In consequence of instructions on 7th January I went to 26, Essex Street, Kingsland Road, to the first floor front room, occupied by the prisoner—I there found these three velvet caps on the bed.
Cross-examined. I made a thorough search; I found no other caps—I have known the prisoner about ten years, keeping a stall—from inquiries I have made he has been a respectable man.
A.J. BALDWIN (Re-examined). The barrow was subsequently found in Maria Street, Kingsland Road—Essex Street is about five minutes' walk from Maria Street.
Witnesses for the Defence.
JAMES BAILEY , I live with my father (The prisoner), at 26, Essex Street, Hoxton—he keeps a fish stall—I was there when a man came up to father and said, "Would you mind buying some caps?"—he said, "I can do with three"—the man walks up and down Hoxton—he said, "If you want any more you can go to 19, Huntingdon Street"—I went there and got some caps for Scott; I saw a lady there, and she gave me the caps—I gave her 9d. for the first three I got—Scott went and sold them and came back and said, "I have 1s. 6d., go and get six more, and I will not forget you"—I went and got them—he took them to Wood, and as he would not take them they were taken to the station—afterwards, on the Saturday night, I went with the police to 19, Huntingdon Street, and saw the lady from whom I brought the caps, and she swore she never saw a boy like me in her life.
Cross-examined. The man told father if he wanted any more caps he was to go to 19, Huntingdon Street—I was not at the stall when the man came up to father—father gave me the first lot, and I threw them on the bed—I gave them to Bobby Scott—father did not have the money, I had the money, and I gave it to the lady—when I went back to the house with the constable I saw the lady who gave me the caps, and she said she did not know me—I said, "Yes you do"—she said, "You can go and search the house," and the policeman went up and searched and found nothing—I first said to the constable that it was the wrong house—the lady upstairs said, "You had better tell him it is the wrong house," but when I went and saw father he told me to tell the truth—the name of the lady who told me to say it was the wrong house was
Mrs. Clapham—she lives in the first floor, where I live with my father—Mrs. Clapham is outside the Court.
SUSANNA CLAPHAM , The prisoner and his son live in my house, 26, Essex Street—I knew that the prisoner was given into custody for having possession of these caps—I had nothing to say to the boy; I never told him to say it was the wrong house—when he came with the detective I was in bed, and knew nothing about it—I have lived in the house two years; the prisoner was there before me; he has always borne a good character.
WILLIAM SAUNDERS (Recalled). I went with the boy to the house, 19, Huntingdon Street, stated to be the house where the caps were got from—he said nothing to me about it being the wrong house until two ladies came into the passage, and then he said, "Oh, we have come to the wrong house"—I found nothing there—they said we could look over the house from top to bottom.
NOT GUILTY .
MR. GRANTHAM Prosecuted, and MR. KEITH FRITH Defended.
JAMES SHEPHERD , I am assistant to Messrs. Hope Brothers, of Fenchurch Street—on 17th January, at about half-past eight in the morning, I saw the prisoner at the door before the shop was opened—I went in, and afterwards saw Lindley serving the prisoner with some silk handkerchiefs—he selected a muffler—Lindley left the counter and went to another part of the shop—the prisoner then took up the muffler that he had purchased and paid for 'and placed it in his right-hand coat pocket—I was in a corner, about six yards from him; he looked at me; he could see me—I got under the counter, where he could not see me—he then placed his hand a second time in his pocket and drew out the muffler, and with it a pile of silk handkerchiefs, and placed them on the counter—Lindley then came back, and also Elliott, another employé, and said, "This man has taken some handkerchiefs from the counter"—I said, "Yes, I saw him"—the prisoner said, "I did not, I picked them up off the floor "a constable was called in.
By the COURT, I had seen the prisoner take the bundle of handkerchiefs, and with the muffler place them under his coat, and he was fumbling about his breast.
Cross-examined. I noticed that his manner was very peculiar, but nothing near so bad as he is now—he would go round and twist his head about; I put it down to St. Vitus Dance—there were three or four people in the shop.
Re-examined. I had seen the prisoner in the shop the morning previous,—he was in the habit of coming in directly the door was open, and having suspicions I watched him.
HERBERT LINDLEY , I am an assistant to Hope Brothers—on the morning of the 17th I was called by the manager to serve the prisoner—I served him with some silk handkerchiefs—after he had bought one he asked to see a muffler—I turned to get it, leaving the handkerchiefs on the counter, and returned about half a minute, when I noticed that some things were missing from the boxes—the prisoner was standing sideways, leaning against the counter—I told the manager some handkerchiefs were missing, and I noticed the prisoner take some from under
his waistcoat and put them on the counter, and he then stooped down, with the bundle in his hand, and said he had picked them up from the floor.
Cross-examined. No one had accused him of taking them—his movements were eccentric; he was not jumping about, but he was twitching all over.
The prisoner's statement before the Magistrate: "I reserve my defence, and will call witnesses elsewhere. "
PHILIP FRANCIS GILBERT (Surgeon to Hollow ay Prison). I have seen the prisoner in the prison—he is suffering from St. Vitus Dance—he has nothing mentally the matter with him—I consider him responsible.
He also PLEADED GUILTY to a previous conviction at Clerkenwell on 29th June, 1885, in the name of Herbert Hay ward, and three other convictions were proved against him.— Six Months' Hard Labour.
MR. PASSMORE Prosecuted, HENRY CLODE, I am a hatter and hosier, at 50, Essex Road, Islington—I went to bed about 11.30 p. m. on 22nd January; everything was then secure—about three I was disturbed by the police—I found my front window broken, and half a brick lying inside it—I missed this under-vest with the ticket on it—it had been inside the window; its value was half-a-crown—I went to the station, where I saw the prisoner.
ARTHUR BIRD (322 N). About two a.m. on 23rd January I was on duty in Essex Road, Islington—three mail carts turned into the road and rattled; I heard something like glass breaking—I ran in the direction of the noise, and when I passed the mail carts I saw a man running from the direction of the prosecutor's window, carrying this woollen vest under his arm—I gave chase, and when I was about twenty yards behind him he dropped the vest—when I got into Broad Yard I made a grab at him, and said, "All right, Kennedy"—I knew him well—I missed him and caught the wall, by which I pulled myself round, and saw the prisoner go in a door which I heard slam—I sent a gentleman passing, whom I knew, for assistance, and when it arrived we knocked at the door, and after a little delay a man opened the door—I said I wanted Kennedy—from what he said I went upstairs; the people there said he was downstairs—I went down and opened the door of the back room and found the prisoner in bed—I told him what I should charge him with—he said, "I think you are taking a great liberty"—at the station he said to the sergeant when the charge was read, "You call that breaking and entering, do you?"—the sergeant said "Yes," it might seem strange to him, but it was so—the prosecutor's house is about seventy yards from where I caught the prisoner up—I was about thirty yards the other side when I heard the crash, so that the prisoner had a fairly good start; I was fairly out of wind when I got to him—I have no doubt he is the man; I knew him perfectly well—there are about six cottages in this place; it is a little square—I knew Kennedy lived in the square; I did not know in which house.
Cross-examined by the prisoner. I found you in the second house up the court—I and another constable told you for your good that no doubt we should have you before long, because of the way you were going on—you were with two prisoners, and we said you would not be arrested on that charge, but as you had just escaped that offence you had better look after yourself, as you were going the right road to come to trouble.
Re-examined. The other constable is ill; I saw him sign his deposition.
The Deposition of David Brooker (217 N), was read as follows: " I know the prisoner; I saw him at twenty minutes to two that morning in Camden Passage, about a quarter of a mile from the prosecutor's premises. "
The prisoner's statement before the Magistrate': "I was in bed at the time. I have witnesses, and will call them at my trial. "
The prisoner, in a written defence asserted that he knew nothing of the matter; that he was in bed and asleep at the time, and that since he had come out of prison the police had threatened they would have him.
He then PLEADED GUILTY to a conviction of felony in October, 1891.— Fifteen Months' Hard Labour.
—BEGAN PLEADED GUILTY .
MR. WIPPELL Prosecuted.
RICHARD KINGSTON , I keep the Horseshoe public-house, Clerkenwell Close—shortly after 12.30, on 22nd January, I went to bed; everything was then secure, as far as I knew—I was awakened by a dog barking at two o'clock—I came downstairs and found the water-closet door and the window opening into the yard were open—I closed and locked them and went back to bed—at 3.30 I was called up by the police—I missed 31s. 3d. in coppers, 10s. in silver—I (lid not see the prisoner.
GEORGE SUCKLING , I am a barman to Mr. Kingston—I live on the premises—I went to bed about twenty minutes to one on this night, leaving everything secure—the w.c. window was closed, and the door locked.
ALBERT ZENTHON (369 G). Just before two on 22nd January I was standing in Rosamond Street—I heard a noise, and ran across the road to Waterloo Place, and met Began coming out of Waterloo Place—I caught hold of him, and said, "What are you doing down there?"—; he said, "Oh! it is all right, governor; I only went down to make water"—then Cosgood came over a hoarding about nine feet high at the bottom of Waterloo Place, and walked straight up to me—Began said, "You are not going to leave me like this, are you? There are two of us"—I made a grab at Cosgood, but he escaped me—I blew my whistle, and took Began to the station—I afterwards went back and searched, and discovered that the prosecutor's closet window had been opened, and that someone had got through there; and the pot-house door was open, and had been forced—I went round to the front of the house and
called the landlord up, and he came down and immediately missed things—I found that the w. c. door inside had been forced; there were marks of sawdust inside, with which the bar is strewn.
By the COURT, The prosecutor's premises can be reached at the back by getting over the hoarding in Waterloo Place, over which Cosgood came—I recognise him as having come over—I saw him again at three o'clock in the afternoon at the station among five or six others, and I immediately picked him out—I can swear to him—T described him at the time to Blight—he was right under the lamp—I saw him very distinctly; he was only about three feet from me.
WILLIAM BLIGHT (Detective). In consequence of the description given me by Zenthon about ten o'clock, I apprehended Cosgood in Middleton Street, Clerkenwell, about two the same day—he gave the address 8, Whitecross Street; he did not live there—I told him I should arrest him for being concerned with another man in breaking into a public-house in Clerkenwell Close that morning—he said, "No, sir, you have got the right one"—I took him to the station, where he was placed with five others—Zenthon at once identified him—I found one shilling, two sixpences, and a latch door-key on him—he made no answer to the charge.
Regan then PLEADED GUILTY* to a conviction of felony in August, 1892, in the name of James 0'Regan, and Cosgood** to a conviction of felony in April, 1892. REGAN— Nine Months' Hard Labour. COSGOOD— Twice Months' Hard Labour. The COURT and the GRAND JURY commended the police-officers, and especially Zenthon.
MR. HODGSON Prosecuted.
ALFRED JOSEPH , I am a tailor, living at 75, Whitechapel Road—on Saturday night, 22nd January, at ten minutes to twelve, I closed the shop—the window was secure—later on I was aroused by the police—I found my window smashed; I missed this pair of trousers from the window.
GEORGE HOLLOWAY (330 H). About 1.30 a.m., on 22nd January, I saw the prisoner draw the trousers from Mr. Joseph's window—I walked up; he walked towards me—I asked him what he had got there—he said, "Nothing"—I opened his coat, and pulled the trousers from under his left arm—I took him back to the window, and saw it was broken—I blew my whistle; assistance came—when I caught the prisoner, he said a man gave the trousers to him; at the station he said he picked them up.
The prisoner, in his statement before the Magistrate, and in his defence, said that he picked the trousers up in the street.
GUILTY — Four Months' Hard Labour.
—FRASER— One Month's Hard Labour.
LIPS— Two Months' Hard Labour.
251. SAMUEL ALLEN (25) , to stealing a medal, the goods of Ernest Victor Dainty; also to stealing in the dwelling-house of Harriet Carlines three rings and other articles; also to stealing in the dwelling-house of Herbert Peebles two rings and a chain, his property, and a ring, the property of Lottie Pebbles.— [Pleaded guilty. See original trial image.] Eight Months' Hard Labour. And
252. THOMAS DAY (39) to stealing a bag and its contents, the goods of William Henry Witherden; also to stealing a bag and its contents, the goods of Mildred Watson and Evelyn Watson; and also to a conviction of felony at this Court in April, 1890, in the name of Alfred Forey.— [Pleaded guilty. See original trial image.] Four Years' Penal Servitude.
NEW COURT.—Tuesday, February 7th, 1893.
Before Mr. Common Serjeant.
MR. P. TAYLOR Prosecuted, and MR. BIRON Defended, HENRY SUTTON, I am a labourer, of 50, Tidy Street, Commercial Road—on Saturday, 21st January, about 6.15, I was in Aldgate with a friend named Edwards, and at the corner of Mitre Street met tie prisoner and another man—the prisoner had a saw in his right hand—he said, "I will cut your b——head off," and hit me on my forehead with the saw—I did not know him before, and had not spoken to him or hustled him—Edwards put his hand on my forehead, put me in a cab, and I recollect nothing more till Sunday morning, when I found myself in the hospital, where I remained till January 31st, and am still an out-patient—I only remember one cut—this is my hat—I had had three glasses of ale.
Cross-examined. That was all I had had to drink that day—I had been in and out of public-houses with Edwards, and when he had a drink I had a drink too—I do not think he was the worse for drink; I cannot say what he had had before—I was wearing my hat, and the cut must have gone through it—Edwards was the only man in my company—I did not see a number of people making a disturbance round the prisoner, nor was I taking part in it—Edwards was not very much the worse for drink, shouting out abusive language to the prisoner—I did not see the prisoner put a half-sovereign into his pocket when he came up—I deny that there was any mob hustling the prisoner—they did not say, "Punch him, kick him give him a punch on the jaw"—I heard no one say anything, nor did I hear any noise or disturbance—I did not double my fist and go towards him, nor did I hear him say," Keep off.
JOSEPH EDWARDS , I am a labourer, of 6, Isabella Street, Blackfriars, Road—I was with Sutton; we were walking side by side—I missed him for a minute, and turned round, and saw the prisoner flourishing a saw, and shouting, "Police"—Sutton's head was bleeding; I caught hold of him, and put him into a cab—I did not hear anything to make me turn round—I was not taking part in hustling the prisoner—I never saw him before—it is not true that I was taking part with other men punching him; there was only me and Sutton together—I did not hear the prisoner say, "Will you let me pass? I want nothing to do with you—the people were not calling out, "Go at him."
Cross-examined. I had been in Sutton's company since one o'clock—I had been at work till twelve, and had not been drinking till one o'clock—I was in Sutton's company till this took place—I recollect going to two public-houses—I was not the worse for drink, nor was Sutton—I was not in a crowd abusing the prisoner—there was no crowd at the time it happened, nor before, that I saw; I had only just come into the street—the prisoner shouted, "Police," and the police came up—when I took Sutton away there was a crowd, because it is a very busy place—I did not hear cries of "Strike him, kick him"—Sutton did not square up to the prisoner with his fists.
ALEXANDER SESSON WAY , I live at 71, Great Garden Street, Whitechapel—I was in Aldgate, saw a crowd, and the prisoner standing on the pavement with a saw in his hand, and Sutton with his hat in both hands—the prisoner struck the hat with the saw, and said, "Go away," and immediately struck Sutton across his forehead with the saw, and walked into the middle of the road, and shouted, "Police"—I saw Edwards standing with Sutton—neither of them hustled the prisoner or struck him—I do not know either of them—I was right in front of the prisoner, and had a clear view of everything that happened—I saw Sutton taken off by his friend after the blow was struck.
Cross-examined. I said before the Magistrate that I saw a number of people run up and stop—there was not a good deal of noise and disturbance, and no shouting, only by the prisoner—I did not hear the prisoner say something to Sutton—I did not see Sutton square up with his fists—Edwards had no indications of drunkenness.
Re-examined. I could see all that the prisoner did—when I saw the crowd I ran up—I do not know what caused them to collect.
ISAAC SIMMONDS , I am a labourer, of 64, Underwood Street, Commercial Road—on 21st January, about six p.m., I was in Aldgate, and saw the prisoner raise a saw and strike Sutton whose hat was off, on his forehead—he then went into the road, and called "Police"—I only saw one blow—there were not many people there—I saw no one hustling the prisoner.
Cross-examined. There were only four or five people round the prisoner besides Edwards and Sutton.
WILLIAM PACE (952 City). On Saturday, January 21st, I was on duty in Aldgate about 6.15, and saw a crowd on the footway—the prisoner was in the middle of the road with a saw in his hand, shouting, "Police"—Sutton was on the footway bleeding from a wound on his forehead—I said to the prisoner, "Did you do this?" pointing to the wound; he said, "Yes, I did it; I am sorry I did not cut his head off for interfering with a working man"—I sent for a constable, and took Sutton to the hospital—I afterwards took the prisoner to the station, and charged him with assault—he said "I wish I had cut his head off; the man and several others would not allow me to pass, and that is why I used the saw"—he gave me his correct address at a lodging-house, in the name of Wilson—I know the locality well—there was no strike on or anything to account for working men being interfered with—when I arrived some men were threatening the prisoner on account of his having used the saw; they were indignant—the prisoner seemed to have been drinking—a witness named Langsdale was called for the
prisoner before the Magistrate—I saw him at the station; he had apparently followed there from the scene.
Cross-examined. When I came up the prisoner was a good deal excited—I came up after the whole thing was over—the prisoner said that Sutton and several others interfered with him, and would not allow him to pass.
By the COURT, There were forty or fifty people when I got up—no one suggested to me at that time that the prisoner had been set upon by a crowd and threatened.
HENRY DRAPER BISHOP , M.E.C.S. I am a Licentiate of the College of Physicians, and house-surgeon to the London Hospital—Sutton was brought there about 6. 30 on January 21st suffering from an incised wound three inches long on the left side of his forehead and he had a compound depressed fracture of the skull—the mark of the teeth of the saw was visible on the skull—he was in danger at the time—he remained in the hospital till January 31st, and is still an out-patient—one of the dangers was erysipelas and meningitis.
Cross-examined. He is very likely to suffer from persistent headache.
The prisoner's statement before the Magistrate: "I did it in selfdefence. "
Evidence for the Defence.
JOHN LANGSDALE , I am a carpenter, of 77, Victoria Chambers, Whitechapel Road—on 21st January, about 6.15, I was coming through Aldgate, and saw a crowd of three or four dozen people—there was a row, and I crossed over to within three or four inches of the prisoner, who had a saw in his hand—there were four or five close to him threatening him, and saying to the one in front of him, "Go for him! fight him; hit him"—the man in front of him, Sutton, then put himself in a fighting attitude, and made a start to hit him, and the prisoner said, "Stand back! if you hit me I shall knock you down"—Sutton went forward, and made a second charge, and then the prisoner struck him on his head in self-defence with the saw which he had been holding, at first with the point to the ground—Edwards was not sober; he could not stand straight; he was telling Sutton to fight the prisoner—I heard two more telling Sutton to fight, out I could not see them, it being dark.
Cross-examined. No one attempted to strike the prisoner except Sutton; he was the only one who put himself in a fighting position—I did not see the hat struck—Sutton had no hat on when I came up, nor when he was struck on his head—only one blow was struck with the saw; if there had been another I must have seen it—I could see that Edwards was not sober when he came into the Police-station half an hour later, but he was not drunk—it did not strike me that he might be excited by his friend being struck—he had had something to drink—I did not smell his breath—there was no strike on—I am a stranger about there.
By the JURY, I heard no reason assigned why these people should be fighting this man—I was not there at the beginning of it—I saw the policeman come up—I did not hear people calling "Shame!" at the prisoner for having used the saw; I only heard them say "There he is in the road"—I did not hear anyone say that the prisoner had been set upon by anybody—I worked with him about ten years ago, and have seen him three times since.
The prisoner received a good character.
GUILTY — Three Months Hard Labour.
254. FREDERICK INMAN** (46) PLEADED GUILTY to feloniously forging and uttering an order for £2 2s.6d.; also an order for £8 8s.; also to embezzling £4 Os. 9d. and £2 5s., after a conviction at Clerke nwell of obtaining money by false pretences.— Eighteen Months' Hard Labour.
256. ROBERT JONES , to breaking and entering a warehouse, and stealing a corkscrew and other articles; also to stealing thirty-eight mantles, the property of Henrietta Henry.— [Pleaded guilty. See original trial image.] Six Months' Hard Labour on the first indictment and Three Months' on the second.
258. JAMES THOMAS (30) , to burglary in the dwelling-house of Samuel Fryer, and stealing a knife, after a conviction of being found by night with house-breaking implements in his possession.— [Pleaded guilty. See original trial image.] Three Years' Penal Servitude.
OLD COURT.—Wednesday, February 8th, 1893.
Before Mr. Recorder.
260. FRANCIS HAMILTON WILKINSON (40) , to unlawfully obtaining, by false pretences, certain pictures and engravings and works of art from numerous persons, with intent to defraud.— [Pleaded guilty. See original trial image.] Five Years' Penal Servitude.
—He received a good character. [Pleaded guilty. See original trial image.] Judgment respited.
PLEADED GUILTY .
MR. RICHARDS Prosecuted.
GEORGE ROBERT EVERITT , I am one of the principal clerks in the Savings Bank Department of the General Post Office—I was instructed to make inquiries about a postal order for £51 10s.—I saw the prisoner Ferdinand at a fried fish shop; I asked to have a conversation with him—we retired to a private room—I said to him, "The transaction I want you about took place while you were lodging at 28, Montague Mews, last April"—he is very deaf and did not seem to understand what I said—I said, "Don't you recollect lodging at 28, Montague Mews?"—he said, "yes"—I showed him this letter and said, "Do you remember writing this letter?"—he said, "Yes; but I am not the only one in it"—I said, "I know that as well as you do, and the only doubt I have is how far your brother is implicated"—he said. "Bill had half the money"—
I left him with a constable, and went to Lambeth Walk, where I saw William Stelling—at first he denied all knowledge of this—I told him his brother had made an admission that they were both concerned, and he would have to go to the Police-office, and make an explanation—on the way, in a cab, he expressed his anxiety to make some explanation—I said I would give him every opportunity to explain at the Police-office, but it would be used against him—this is the statement be made—I wrote it down in his presence—(This was put in and read, in which he admitted getting the money and giving his brother £21, and keeping the rest of the£51).
W.H. STELLING— GUILTY .
He received a good character.— Six Months' Hard Labour. F. J. STELLING— Nine Months' Hard Labour.
264. JOHN BEYDON, Unlawfully obtaining credit for £7 17s. 6d. under false pretences; Other Counts for disposing of nineteen beaver skins, obtained on credit and not paid for, within four months before the presentation of a bankruptcy petition against him, and other offences against the Bankruptcy Act, and for obtaining goods by false pretences, with intent to defraud.
MESSRS. BODKIN, STEPHENSON, and SOULSBY Prosecuted, and MESSES. LEE ROBERTS and PICKERSGILL Defended.
JOHN WORTHAM , I am a clerk in the Bankruptcy Department of the High Court of Justice—I produce the file in the bankruptcy of John Brydon—on 6th June, 1891, a petition was lodged against the prisoner by Oswald Eysoldt—it refers to a judgment of 3rd June—on 2nd July a receiving order was made against the prisoner; he was adjudicated bankrupt on 4th July—his public examination was on 12th August, 1891—on 3rd August, just before the examination, Alfred Henry Collins was certified as trustee—the notes of the public examination appear on the file as having been signed by the prisoner—in the statement of affairs the total liabilities are £3,903 2s. 9d., and the assets, after deducting preferential claims for rates, taxes, rent, and so forth, are £525 13s.—E. Thompson is a creditor for £334 17s. 9d., and Diamond stein a partially-secured creditor for £348 10s. 9d.—in the deficiencies account I find the excess of liabilities over assets on 7th July is stated at £1,208 8s. 8d.—the total deficiency at the time of this bankruptcy amounts to £3,377 9s. 9d.—the statement of affairs was filed on 18th July—I see in the statement no specific mention of twenty-two skunk capes and forty skunk skins—I see on the file notes of the bankrupt's private examination, a private sitting on 5th July, 1892—there is the report of the Official Receiver and the order of Mr. Registrar Giffard for the prosecution on 2nd August, 1892, on the file.
Cross-examined. On 2nd July, 1891, at the time of the receiving order, the prisoner gives his stock-in-trade as having cost £850, and estimated to produce £400—furs in July and August are less valuable than in January and February, I should think—the notes of the private examination are not "filed"—it is the practice when a document is put on the file for the clerk to endorse the date on it; that practice has been departed from in this case—I have often to file the documents myself—I do not find any details of stock given in schedule H; it merely gives the amount generally.
Re-examined. It is the stock-in-trade at 324, Kingsland Road, which cost £850; that is estimated to produce £400.
CHABLES LEGOATT BABBER , I am one of the official shorthand writers to the Bankruptcy Court—I took shorthand notes of the public examination of John Brydon on 12th August, 1891, taking questions and answers verbatim—I have made a transcript, which I have compared with my notes, and it is correct—there is an affidavit that it was read over to or by the prisoner, and signed by him; that was filed on 18th August—I produce the transcript.
CHARLES VINER EDSALL , I am an official shorthand writer to the Court of Bankruptcy—on 5th July, 1892, I was present throughout the prisoner's private examination, held before Mr. Registrar Giffard—the prisoner was sworn and examined by Mr. Gray, the Assistant Official Receiver—I took down the questions and answers verbatim—I afterwards made a transcript of my notes, which I compared with the notes; it is accurate—it is on the file.
Cross-examined. The Registrar was present during the whole of the examination—I have not read over my notes to the prisoner—I dictated, I think, half my notes to my assistant, and then I had it read to me while I compared it with my notes, and I wrote the rest myself—I was appointed about a year ago, but I have studied shorthand for nearly twenty years.
SANDOR LYIVESSY , I live at 46, Albion Road, Stoke Newington—from February to May inclusive, 1891, I was a partner in Lynx and Co., furriers and skin merchants, 175, Aldersgate Street—on 15th February, 1891, the prisoner came to our warehouse and saw me, and said he could do with some marten tails; he said he had got a big order from Glasgow for stow-marten tails, and he must have fine tails—I showed him some at 70s. and 80s. per timber of tails—a timber is a bundle of forty—he said he could do with them, and asked the price—I told him—he wanted about twenty timbers, I believe—he said he wanted to buy them, and asked my terms—I said, "Well, if your references are right, and you are a respectable man, my terms are four, five, six, and nine months"—he mentioned the name of Thompson as a person he had dealt with, and he said he was doing business with Apfel Brothers, and I believe Messrs. Eysoldt and Co.—he showed me his bank book, which he always had in his pocket, and said he was paying a lot of money to these people—I looked at it, but what could I see?—he said he could have references from the people he had mentioned, but he would be much pleased if I would not take a reference, as he did not want to let them know—next day he came again, and said he must have these tails; he looked at them again, and said he could do with them; he said he would have them—he also looked at beaver skins, and chose nineteen, which came to £49 17s. 6d.—he had twenty timbers of the stow-marten tails, which came to £78—he arranged to give five and six months' bills, and he gave me a bill for £76 at five months, and another for £51 17s. 6d. at six months, and I delivered the goods on 17th February—no complaint was made about the goods—on 9th April he came again, and said he had orders for some bear goods for Scotland—he went through the whole of my five floors, and chose some minx, brown, black, and grizzly bear and sable, specified on the invoice, coming to £195 15s. 6d.—part of that order was five and a-half beavers, coming, at 45s. a piece,
to £12 7s. 6d.—after he had selected those goods I said, "Mr. Brydon, that is rather a big order, but if you will be good enough to come into my private office I will talk to you"—I said, "It is a heavy amount; you already owe me about £120; I must know something more about you"—he took out his bank-book, and showed it to me, and told me he was worth 40s. in the pound; that he was a very honest man, and always paid his bills when due; that he was doing from £15,000 to £20,000 of business a year—I cannot say the exact sum; but he had done a big, an enormous trade—I saw in the bankbook there was about £4,000 of returns in a short time—I said, "If that is so I give you these goods again at your terms"—he then signed one acceptance for £97 3s. 6d., due August 10th, and another for £98 12s., due September 12th, which would be at four and five months respectively—those goods were delivered the same day—on 5th May he came again, and wanted some more bear stuff and trimmings—I went round the warehouse with him, and he picked out about £12 worth of goods—I was getting frightened, but thought I would chance it—then he wanted a lot more stuff; I thought he would buy the whole warehouse—I showed him an article worth about 20s., not in his way at all, and said, "Can you do with this?"—he said, "What is the price?"—I said, "75s."—he said, "I can do" with twenty or thirty of them"—I said, "No; I have sold you enough," and I did not sell him any more—I would not go back from my word, and I let him have the £12 worth—he said he would pay that in cash; that he would send me a cheque for it; but I never saw it—about June he came and said, "Can you do me a favour?"—I said, "What is it?"—he said, "My dear friend" (he always called me "My dear friend"), "you know I am an honest man; could you lend me £20, or change me a cheque, as I have got a bill to meet, and I'm short? The money did not arrive from Glasgow"—I said, "With the greatest pleasure"—he gave me his cheque, and I gave him my open cheque for it—my cheque was paid, his was not—his was on the London Trading Bank, and was returned marked "not sufficient" or "return to drawer," or something like that—the day after that I went to him at Kingsland Eoad—I said, "Well, Mr. Brydon, what is the meaning of this? This cheque is returned"—he said, "My dear friend, I cannot help it; I cannot pay"—I said, "How was it you told me a month ago you were worth 40s. in the pound, when you take my nice good stuff, and to-day you cannot pay anything?"—I was a bit faint, and he gave me a drop of whisky—I said he was no good, and I said, "Man alive, pay me my £20 that I gave you ready cash; you robbed me of my goods, and you will rob me of my credit too; pay me the £20, and I will give you a receipt for the whole lot, so that you will not owe me anything"—he refused in a cruel way to give me my £20—he said he would (using a" very strong expression) before he would part with a penny—next day I sent him a writ for the £20—that was recovered under a judgment—the solicitor got it, I never saw it—the five and a-half beavers I sold in April I saw at Mr. Eysoldt's about a month before the bankruptcy, and I recognised them as mine—after the bankruptcy I purchased them back from Eysoldt with some other goods—I saw the bear skins which I sold in April at Thompson's before the bankruptcy, and after I parted with the £20; it might be the day after—I cannot say if it was before or
after—I wanted to help the man if I could, and as he had given me his cheque in exchange we could have taken him up for obtaining money under false pretences if he did not pay—the goods I saw at Thompson's, and which I recognised as mine, were worth between £140 and £150—I saw Blaustein, Thompson's manager, with reference to them, and also Thompson, who is not a skin merchant; he buys these things from people—I should describe him as buying stolen property—he called himself a skin merchant—Thompson sent the prisoner to me to buy the stuff, and the next week he had it from him at half-price—when I parted with the two lots of goods I believed what the prisoner told me, and I believed he was thoroughly solvent; I would have given him at that time another £100; he looked a respectable man—I was made bankrupt on 17th September this year; I can pay 17s. in the pound; I have already paid 12s. 9d.—I cannot get my discharge till the whole estate is wound up.
Cross-examined. My discharge was suspended for two years, as the estate was not realised—in 1883 when I traded under the name of Alexander and Co. I was in liquidation—previous to that I paid a composition of 15s., and then I paid 3s. 4d.—I spent ten years from that time, and turned over half a million, and paid all my bills until I came under such hands as the prisoner's—I had two fires in 1885 and 1886—I am not a member of the committee of inspection of the prisoner's bankruptcy—in June, 1892, the Bankruptcy Court sent for me, and asked me to make an affidavit, and I made it—until then I had only spoken of the facts I have spoken to to-day to the official in the Bankruptcy Court—I had shown an invoice—the prisoner told me he was doing a very large trade—I said in my affidavit that he told me he was doing £2,000 or £3,000 a month—I may have said in the affidavit that he told me he was worth 25s. in the pound, but he said he was worth 40s. in the pound—I drew it mild; I have never seen the affidavit since I made it; the gentleman may have put down 25s., but I said the prisoner said he was worth up to 40s. in the pound—I offered him goods not worth a quarter of what I asked, to try him whether he knew what he was buying—he knows the fur business very well, he has been fourteen years in it; he goes to sales himself—I believe he asked me to see the London Trading Bank, with whom he dealt; they gave me no answer—I inquired through my bank—the goods were really delivered before that—I am not sure if I should not have let him have the goods if the reference through the bank had been unsatisfactory; I only asked my bank if they would take the bills—if the reference through the bank had been unsatisfactory, I should not have let him have the goods, but the last bill they would not take, and then I knew something was wrong—as to the £12, if a man owes me £100 I could not refuse him £12 worth of goods; a man must not be discouraged, and although I would not give him another £100 I would give him £12—I recognised the beavers at Eysoldt's by my private mark—the Alderman asked how I knew they were mine, and I said by my mark, and then the prisoner said, "I got them from him"—I recognised them at once as my goods by my private mark, my stamp, like needles through them—I sold no beavers then to anyone but the prisoner—we are wholesale manufacturers—Eysoldt said he got them from the prisoner, and then I said, "They are my skins"—I only sold beaver skins to the prisoner—I don't
recollect selling them to anyone else—I don't know whether they are the bearer skins I sold in April or in February—I believe Eysoldt was a creditor in my bankruptcy for £1,000, and he had 12s. 9d. in the pound—I had these goods on credit—I owed him about £40,000, and paid him—when the prisoner made the representations to me I daresay someone else was there; very likely my clerk was; Mr. McCullock, my manager, was present, I should say, and another man might have been there too, but he is not here—Thompson has only been established about nine months, and he only did this kind of business—skin merchants very seldom buy beaver skins; they buy from furriers, except the lots from sales—the prisoner is not a skin merchant—it is very unusual for furriers to sell skins to skin merchants; it is like a man with coals selling them to a mine—it is very unusual for a man like the prisoner to deposit skins with a man like Thompson; no respectable firm would do it—I don't know that I have expressed the contrary opinion—I say it is very unusual to deposit or to sell—in June the prisoner's debt to me was about £400—after what he told me I would not have taken 19s. in the pound from him; I made no settlement with him; I said, "Give me my £20 back that I changed for your cheque, and I will make you a present of the lot"—I would have made him a present of the goods he had robbed me of if he had given me my £20—I issued the writ for £20; my solicitor got it.
SAMUEL RUBENSSOHN , I am a manufacturing furrier, at 11, Edmund's Place, Aldersgate Street—about 23rd March, 1891, the prisoner called and said he had orders from Scotland, where he had done very well the previous journey, and he. could do with some more goods—I had had a previous transaction with him, for which he then owed me £65 8s.—I went and had some conversation with my book-keeper, and then I called the prisoner into my office and told him he owed me £65 on the previous transaction, which did not go so high, and unless he could tell me about his standing I should not think of going on any higher—he put his hands up and said, "I am quite surprised at your asking me such a question; I am an honest man"; and he said he had stock, book debts, and so on, and that he was worth about 40s. in the pound—he said he had a good connection in Scotland, and was well known, and on the previous occasion he said that if he had shown the same goods as I had he would have made a better profit than I could, being a native and well known—I believed what he said, and on the faith of his statements let him have the goods—this is the invoice, dated 24th March, 1891, 123 bears and opossums, £71 6s. 6d.; with the previous items of £65 it makes £130 altogether he gave me this bill for £130 at four months, drawn on April 8th, and due on August 11th, 1891—it has never been paid—on 6th May he came again, and said he had done good business in Scotland, and he wanted more goods to fulfil some orders—he then selected some bear victorias and bear trimming to the amount of £72 18s. 6d.; one item was left by mistake, and credit was given to him for that, so that it came to £67 3s. 6d.—he gave me two bills; one of his own for £44 17s. 6d., and one drawn by him, and accepted by Stehr, for £22 6s.—Stehr's bill was met, but the prisoner's was not; it was marked by the bank, "Not provided for"—on 6th June the prisoner came, and said he had taken up two or three acceptances that week, and was short of money termporarily,
and would I be good enough to let him have a cheque, and he would give me a little interest, and maybe he would make me a present of a handsome hearthrug—I said I did not want the hearthrug, but he agreed I should charge him £2 for a few months for the acceptance, and within a week or a fortnight he would take it up, and I should charge him nothing—I said, "I shall wait a fortnight, and if you return the money I will return the bill, as I want to charge you nothing"—he gave me an acceptance for £52, and I gave him a cheque for £50 on my bank—his bill for £52 was not paid—on Saturday, 23rd May, he came between eleven and twelve, and said he had paid some money into the bank, and it was not cleared; would I lend him money against his postdated cheque for a few days just to enable him to pay his hands their wages? and I gave him a cheque for £8; I believe he asked me for more—he gave me in exchange a cheque, which was not met.
Cross-examined. I had a transaction with the prisoner in 1889; I believe he then gave me two small bills, which were met—of the goods I sold him in May he offered to return a very small parcel; I did 'not receive them back—he did not complain of the quality of the goods I sold him, nor of their excessive price—the price was not excessive, but ordinary—the representations took place in my office—I daresay I saw many people about business about March, 1891—my books refresh my memory; I have no note of what took place—I may have had some of the goods sold on credit, and some for cash; since this case has been on the prisoner has done me a lot of harm, and it has been put about that I am a bankrupt, and I have had to put notices in. the papers, and a lot of trouble—when I gave him my cheques I received from him an allotment letter of some shares in the London Trading Bank—I never asked him for any shares—he said, "You can hold them, my friend, as security"—I did not take the letter of allotment to the bank till after the prisoner failed, and then the manager said he could not do anything for me, and first of all I should have to get a letter from him to say they were transferred to me—between May and July I did nothing with the letter; it was locked in my safe.
Re-examined. With the exception of the bill accepted by Stehr I received no money in respect of the goods I sold, or the money I advanced.
JOHN GREENBAUM , I am a wholesale furrier, at 7, Princes Street, Spitalfields—about 6th May, 1891, Mr. Blaustein, Thompson's manager, came to my warehouse, and I showed him some Persian and racoon skins—after that I went to the prisoner's office in Kingsland Road, taking with me a quantity of the same racoon and Persian skins that Blaustein had seen at my warehouse—there were about 300 racoons and seventy Persians—I told the prisoner I was recommended by Thompson and Co., and that Blaustein and Thompson thought he was in want of racoon and Persian skins—he said, "Yes, my friend, that is just what I want for an order from Lewis and Co., of Manchester," or Liverpool, or somewhere in the North, "for good rugs"—he looked at the Persians and said, "These will just suit for muffs that I want"—he said he had got an order for muffs for the same firm—he looked through the skins very carefully, and then there was a discussion about price—I agreed to sell him the
seventy Persian skins for £49 17s. 6d. and the 298 racoon skins for £49 13s. 4d.—this is the invoice—the total is £99, as the odd 10s. 10d. was struck off afterwards—after the bargain was made the prisoner wanted to send out for a bill—I thought this was a cash transaction, as it was the first, and I said, "I have got no reference with you"—he said, My friend, I have done business in the City of London for the last fourteen years with Eysoldt, Apfel, and Co. and Thompson and Co., and a good many more names he mentioned—he said, "I am always respectable and pay my way; you make such a fuss about a paltry £100"—I still did not care about taking his bill—I said I had got no reference—he said, "Is not Thompson's reference good enough for you for £100?"—Thompson did give me a good reference for him, and so I said, "You shall have it—a bill form was sent for, and he wrote this acceptance for £99 at three months—it was not met at maturity; I have never been paid for the goods—I left them at his place—about a week afterwards Blaustein came again, and we had some conversation, consequence of which I went to the prisoner's again on the Thursday—I said to the prisoner, "I have got three sealskin jackets" (which Blaustein told me he wanted) "but if we come to terms I want cash for those—when he heard the word cash he refused—on the Monday morning, about ten o'clock, the prisoner came to my warehouse and said he was just going to Glasgow; it I liked to let him have the jackets he could more surely make a profit—I said, "I have already trusted you for £100; if you pay me cash for this transaction I will let you have them"—he said, Dear friend, I never did anything wrong yet, and I do not mean to do anybody any harm; if you are very hard with me I will give you half cash and half bill for one month"—I agreed to that, and he then took out and gave to me a cheque drawn by Rubenssohn's for £8, dated 23rd May, and said, "I will give you my cheque for £17, to be paid in. three or four days time"; it was post-dated—I said, "It is a very funny thing; if you go to Scotland and give me a post-dated cheque, the cheque will never be met"—he said, "My dear friend, I know all about it but I have placed country cheques in the bank this morning which will be due in a day or two; you know you dont get money on a country cheque at once; and you can go with your cheque when it is due, and you will get the money; and the bill for £25 as quick as I come back from Scotland, in about a week; I will take it up, and give you the money for it, so you need not be frightened—he gave me a month's bill for £25, dated 25th May, his cheque for £17, and Rubenssohn's cheque for £8—I let him have the three sealskin jackets for £50—I put them in a parcel, and he said, "I am just going to Glasgow with it; if I cannot sell the three together in my native country I can sell hundreds of them singly"—I paid the £8 cheque into my bank, and got the money for it—the £17 cheque I paid in, but it was returned marked "not sufficient"—the bill for £25 was not met, so that I only got £8 on that transaction—after the cheque for £17 baa been returned dishonoured I went to Thompson's office, and had a little conversion with Thompson and Blaustem—I referred to the £17 cheque, and I received from Thompson £15 in respect of the £17 cheque-tom or about that date I saw at Thompson's my racoon skins, which Thompson and Blaustein had seen at my place a day or two after I had received the
£15 from Thompson—I could not say whether I saw the whole lot of the skins I had parted with at Thompson's, but it was a decent quantity of them; over two hundred I could see, a pile of skins—I had a conversation with Blaustein with reference to the racoons—I left the warehouse rather hurriedly on that occasion—that was the last transaction I had with the prisoner—all I have been paid for the goods I sold is the £8 and the £15 from Thompson.
Cross-examined. I did not receive a letter from the prisoner while he was at Glasgow asking me not to present the cheque—he did not come to my place on his return; the £17 found its way to me, and I returned it to Thompson—when I went to the prisoner with the returned cheque he said, "You are a fine young fellow; you have sold my cheque for less money"—I was greatly surprised that he knew all about it—he said, "That there may not be any ill-feeling, there is your £17"—I made an arrangement with Thompson that if I received the £17 I should give it to him—when I went with the cheque to Thompson he said, "Don't worry yourself; it will be all right"—I said, "What do you mean that I shall be all right? I am in for £100 through your recommendation"—he said, "To show you it is all right, I will give you £15 for that £17 cheque on the condition that if Mr. Brydon is respectable, and he gives you the. £17 back again, you give it to me, and I shall make £2 profit"—I was glad to get the £15, and when the prisoner afterwards gave me £17 I handed it to Thompson—I have not seen Thompson about the Court; I have not seen him since the last transaction—the prisoner did not complain about the quality of the sealskin jackets, nor did he offer them back to me for £20; he offered them back, and I went to Goldberg and Langdon, my solicitors, and they advised me not to take them back—I had had the racoon skins for a good time in my possession—I had beaten them every Monday morning so that the moth should not get into them, and as I had handled them so many times I could tell almost every skin—I had had them eighteen months or two years—we keep furs sometimes for five years—Thompson's warehouse is as big as an ordinary room; these skins I saw there underneath the bench; I could see they were mine—I recognised them myself; neither Blaustein nor Thompson pointed them out to me—I said to Blaustein and Thompson, when I saw them, that they were my skins; and I said, "It is a shame of you to come into my place, and see my goods, and take commission of me, and then receive my goods"—I was on the committee of inspection in the bankruptcy from the beginning; I don't think I attended the sittings regularly.
AUGUSTUS GUTMAN , I am a warehouseman, of 66, Wood Street, Cheapside—on 8th April the prisoner came and wanted to buy some goods—I went round my warehouse with him, and he selected rabbit skins and other goods to the extent of about £94 18s.—I asked for a reference, and he gave me the London Trading Bank, Coleman Street—I made inquiries, and the reference being satisfactory we sent the goods the same or the following day—when the transaction took place the prisoner said that he was doing very good business in Scotland and the North of England, and on the faith of that statement and reference I parted with my goods—he paid me by a bill at four months, due on 12th August, drawn and accepted by him—it was not met—he came several other times, and tried to get more goods; but I would not let him have
them—I told him he must pay cash—I have not since seen any of the goods—I never received a farthing on the bill.
Re-examined. The answer to my inquiry of the reference was satisfactory—if it had not been I should not have parted with the goods.
By the COURT, Before the prisoner came to me the second time I made inquiries in the trade about him, and I would not let him have any more.
HYMAN BENJAMIN .—I carry on business as Brook and Benjamin, at 10, Houndsditch, as a furrier—in May the prisoner came and wanted to see some marten tail capes; he could do with a line of them if they were cheap—I said, "I have never done any business with you; it is the first time I have ever seen you at my warehouse. I know you by sight, but I don't know your name"—he said his name was Brydon and gave me a card, and then he said, "I am very glad I met you; you have got such a nice selected stock, and I think I can do a large business with you"—I said, "What sort of goods do you require?"—he said, "I only buy the very best goods"—he saw a lot of bear goods at my place—he said, "They are very nice goods. I can do with them, and I could do with beaver and other sorts of goods. You can ask my reference of anyone in the City of London, any of the merchants. You can ask Mr. Eysoldt, or Apfel Brothers, of Aldermanbury"—he said he had done a lot of business with Diamonstein and Cooper, if I liked to inquire, and he had done a lot of business with a 'lot of manufacturers, Rubenssohn and different people—I said, "How do you do business? Do you pay cash?"—he said, "I tell you, my friend, I cannot pay you cash, because I have got a very large stock, but if you want to do business with me it must be the same as other people; it must be on bills"—after looking at the goods he went away, and came back next day, and said, "You can ask my references, and I will come back to-morrow morning at ten o'clock, and then I will select what goods I require "I said, "Very good; I will go and see about your references"—next morning he came back—meantime I went to Mr. Eysoldt—I made inquiries—next day the prisoner came back, and chose some bear victorias to the amount of £134 14s. 6d.—this is the invoice—I said, "What is the payment?"—he said, "Well, of course, it is the first transaction; and you don't know me; I am a very honest man, and I have been in business for fourteen years, and never dishonoured a cheque or bill all my life"—I said, "What terms do you require for the first transaction?"—he said, "It would be convenient for myself if you could oblige me, and let me have the goods on three or four months' bills"—I agreed to that, and he gave me two bills, one for £70 at three months, and the other for £64 17s. 6d. at four months—I sent the goods to his house—I have received nothing in payment of the £134 14s. 6d.—on 19th May I think it was the prisoner came, and said, "I feel very tired; I have just come back from a journey to Scotland, and my friends have done verys well with your goods. I have sold them at a. good profit"—he said he could sell my goods just the same as bread and cheese, and there were certain articles he had samples of which he could do more with—he said, "I am just going to the bank to pay these in to meet a bill;" and pulled out a bundle of bank notes which he said he had brought from Scotland—he said he was very tired, he would come up to-morrow—on the 20th he came again—I said, "We are only small people, and I am
sorry to say I cannot give you any more credit"—he said, "My friend, don't be afraid of me, I would not wrong you in a single penny, and I have got enough stock; I can pay everybody 30s. in the pound. Don't be afraid"—I said, "I cannot afford to give you any more goods, because we are only small people, and we must pay cash ourselves, and we require cash You owe us now £134. Can you give me half cash?"—he said, "No; I cannot give you half cash, but I tell you what I will do, I will give you two short bills, one for one and one for two months, and when I come back from Scotland next journey, that will be in ten days, I will come back and redeem that one month bill"—I said, "As I believe you won't do me any, wrong, and as you say you are a very honest man, I have confidence in you. I say to you, keep your promise,"—he selected beaver and bear goods to the amount of £101 5s.; this is the invoice—I struck off the £1 5s. to make it the round sum of £100, and he drew these two bills, one at one and one at two months, for £50 each—the one at one month he was supposed to come back and redeem in ten days, and pay me cash for—upon his promise I allowed the goods to be taken away—I did not see the prisoner again till he was at the Bankruptcy Court—about ten days afterwards I heard that he was going wrong; that he had dishonoured a bill—I have received nothing for the £235 198. 6d. worth of goods which I sold—I heard of the meeting of creditors, and went to it—I afterwards cross-examined the prisoner at the Bankruptcy Court—I firmly believed he was an honest man when I parted with the goods.
Cross-examined. I went to see Eysoldt; they are people in a very large way of business, I believe, well-known people in the City—their' answers to my inquiries were satisfactory; if they had not been, I do not suppose I should have allowed any of my goods to go to the prisoner—I made no further inquiries between 10th and 19th—the goods I sent to the prisoner I think were undercharged.
ABRAHAM MILLER , I am a furrier, of 30, Church Street, Spitalfields—about 20th May last the prisoner came to my warehouse, and asked if I had some goods which would suit him to sell—I showed him some skunk goods—he said he could do with them—he said he had a good connection in Scotland and the North of England, and he could sell a lot of stuff like bread and cheese—he selected the goods, and I told him the price, and he put it down on paper; it came to £107 8s.—this is the invoice—at last he said, "My friend, come downstairs, and I will talk to you"—I went downstairs, and treated him to a cigar, I think, and he smoked it, and then commenced to tell me he could not pay cash for the goods, that he always commenced to do business in bills, and he said, "I cannot pay you cash, but my name is Brydon; I have not robbed anybody, and I won't rob you. I could pay you cash. I have some money with me now, which I have to meet a bill on Saturday," and he took out about £150 in notes and showed me—he said he always paid his bills at the time—"My bills never come back"—when I would not give him the stuff so quickly he said, "I am worth 30s. in the pound to-day if I sell my goods"—he showed me a letter from a bank to which Lynx and Co. had inquired about him; and he said, "There is a letter which shows you that you can trust me"—the bank wrote to Lynx and Co., and said they could trust him something about £1,000; but I could not see the letter myself,
nor the date on it—I said, "Can you pay me half?"—he said, "No, I cannot pay you half; I will give you short bills, and when I come back from my journey I might take up these bills myself—he gave me references to Thompson, Lynx and Co., and Eysoldt—I did not go to Eysoldt—he did not mention Blaustein's name—eventually one bill was drawn for £58 at two months, and another for £49 18s. at three months—those bills were not met; I have never had a penny in respect of them—I went to Thompson's—I saw Blaustein in Aldersgate Street, and asked him something, and then I went back to my office—after that the prisoner's man came and took away the goods.
Cross-examined. A year before I had done a little business with Thompson; about £20—he is a skin merchant—Lynx and Co. are well-known people in the City; at that time their standing was good enough; Mr. Cevesse was a member of the firm—Eysoldt, whose name he also gave me, is of high repute in our trade.
CHARLES MORRIS MOHLBURG , I am a furrier and skin merchant, at 4, Well Court, Queen Street—in January, 1891, I sold the prisoner £130 odd of skins—he gave me in payment two bills, one for £60 and the other for £70; one was due on the 30th April; the prisoner paid £20 towards it, and I had to advance £50 to meet it—he came and saw me before the bill was due, and said he would not be able to meet his bill—I told him as it was £70 I should make him bankrupt—he said, "No, I shall give you some money and cover you for your goods, and this bill will be met in due time"—he paid £20 and gave me, as security for the £50 I advanced to pay my own bill, three timbers of stow-marten tails, three timbers of other tails, and eighty-four raw skins—the value of those was between £50 and £60—that was on 30th April—this is a receipt for the £50:—"Received of Messrs. Mohlburg and Co. £50 advanced on goods deposited as follows:—three timbers of stow-marten tails, three timbers of tails, and eighty-four skins, to be returned to me when my acceptance of £50 shall be paid.—JOHN BRYDON"—I kept those skins—the acceptance of £50 was not paid, and I disposed of the skins in the ordinary way.
Cross-examined. I was doing what is not uncommonly done in our trade in taking those skins; I never thought that the man would not meet his bill, or that he was going wrong.
HERMANN ZERNICH , I am a furrier, at 10, Balmoral Road, Islington—I saw the prisoner and Elsbach at my premises about the 21st February, 1891—the prisoner brought some stow-marten tails, over sixteen timbers, I think; I paid over £60 odd for them—I keep no books—I did not keep the capes, I only bought the tails—he promised to buy the capes back again—I think I bought thirty-six timbers altogether—I cannot remember if the first time he came I bought more than sixteen timbers of stow-marten tails from him; it was two years ago—I think I agreed to pay him 1s. or 10d. for each tail—there are forty tails in a timber—I never bought more than twenty timbers; it must be twenty—I don't know how many I bought the first time—I agreed to give £63 for them, and I paid him about £40 in gold on mat day—he gave me this receipt. (This was dated 21st February, and teas for sixteen timbers of stow-marten tails for net cash£6J, signed, J. Brydon.)—I cannot remember if there were sixteen or twenty timbers—I did not produce the document at the Police-court; I mislaid it, and
only found it last week; it was on a file with other papers, not with the bills—I remember his coming again on 20th March, with Mr. Elsbach—he brought nineteen beaver skins—he said they would make nice trimmings; he could sell every inch of them—at first I would not take them; at last I agreed to give him £40—I paid him £20 that day, and got this receipt—I got the balance of the £43 from him later on; it was paid in gold; all the payments were in gold—I afterwards received from him some skunk skins; I think 317 or 319, to be made up into capes—I made them all up, as far as I could, and sent them back—I am what is called a chamber-master; I take work at my own place for houses—I had in my possession twenty-three made-up capes and forty skunk skins—I don't think it was on the 15th July—I did not have this document (marked N)—I did not hand it to Mr. Gray; I don't remember giving it; I never recollect giving a paper like that—I have never seen it before; I can't remember—my son handed the skins over—I can't remember the day; it is two years ago—Brydon sent a man afterwards to fetch the capes—I can't say how many; I think it was more than thirty—I had some skins left, which I gave up to a servant of his—I don't know his name—I was paid for making up the skins on 13th July, when he fetched the capes; he gave me the last money then—I don't remember how much it was—he only paid me what he owed me; it was £6 or £7, I can't remember—I do not know what became of the capes; I have never seen them since, nor the skins.
Cross-examined. I think I paid a long price for the beavers, over £2 a skin; they were an inferior quality; it was all right—he promised to buy" them back again; I paid him a fair price—I charged him 3s. 6d. per cape for making up the capes; altogether what I did for him came to about £20—I think it was in March that he brought the skins to me to be made up, and I think it was in March that he took part of them away; I think he then brought me a cross-cheque for £3; he made it £15 afterwards—my bill came to something like £44 9s. 6d.—I never received anything on account—I don't remember his paying me £15 on account on 6th June; I don't know how much he paid me; he only had £6 in his pocket, so I said he had better take as much as he had money for, which he did, and afterwards he fetched the others—when he paid me the balance all the papers were taken away—no skins were left; he took them away a few days afterwards—some of them were of such a quality that they could not be made up; they would not match; I think there were about forty—I had all the money that I had to get from him; which way he paid it I can't recollect—I think the last payment was £3 9s. 6d.—I think my son handed over the skins a few days after.
Re-examined. He took every cape away.
By the COURT, I told the Magistrate that I bought the beavers cheap, not the martendales; I paid a fair price for them—I said at first I bought them cheap, and in cross-examination I said they were not so very cheap; that was the second lot I meant—the cheapest lot I paid was 1s. 7 1/2 d. that must be the second lot.
OSWALD EYSOLDT , I am a fur merchant, of 12, College Road—I know the defendant—he came to me about an advance, I think it was in April, 1891; I don't know the exact date—he said he was short of money, and required temporary assistance—he had some goods, which he deposited; I never saw them—I gave him £25; he was an honest man in
my opinion, he owed me £200 or £300—the skins he deposited were some racoon, Persians, and beaver, I think—I lent him £25 on the deposit of the skins; they were odd lots; I sold them to Mr. Cevesse some weeks afterwards, on six months' terms, for £19, their proper value—Mr. Cevesse identified them as his goods—I was petitioning creditor in this bankruptcy—a bill of mine for £26 was dishonoured, and I placed it in the solicitor's hands, and he. issued a writ for fraudulent bankruptcy—the amount of my claim altogether was £280—I proved for that amount.
Cross-examined. I had dealings with the prisoner for a number of years—I always found him straightforward; he always met his engagements promptly until that bill—I did from £100 to £500 a year with him—I should not like to say the lending him £25 was not unusual; it happens sometimes with small people who want an advance—I should call the prisoner a small person decidedly; he was not doing a large business.
ERNEST HENRY COLLINS , I am a chartered accountant—I was appointed trustee in the defendant's bankruptcy on 5th August, 1891—I received from Mr. Wreford, the senior Official Receiver, the bankrupt's books—the assets would pass into my hands for realisation part of the assets was some stock from the premises in Kingsland Road—these (produced) are the stock lists that I received; they realised £160 11s.; out of that some preferential payments were made, rent and taxes, auctioneer's charges, and law costs; that left a balance of. £32 4s. 11d. to the credit of the estate—the bankrupt attended at my office from time to time—no disclosure was made to me of twenty-seven skunk capes and forty skunk skins in the possession of Mr. Zernich up to the 30th July—I first heard about it at the Police court.
Cross-examined. There is an item of forty skunk skins in the stock list, at 5s., carried out at £10—they were part of the stock I sold—I don't know whether they came from Zernich or not; I know nothing about Zernich—in the statement of affairs the cost price is put at £850; the front sheet shows they were estimated to produce £400—I have not tested whether the statement as to cost is true—the statement of affairs is in the ordinary form—I don't think there is anything unusual in not mentioning any particular item of forty skins—I have been in Court during the hearing of this case—some of the facts were brought before me—I did not apply to the Court for an order to prosecute, or report in that sense—I cannot state the date at which the Official took up the matter—I was not present at any of the private meetings that were held—I am still acting as trustee—I was communicated with by the Official Receiver, before he reported to the Court—I furnished him with a good many of the documents which were in my possession.
Re-examined. Document H is headed, "Full particulars of every description of property in possession and reversion, and not included in any other list'—the cost estimate is £400—it is signed, "Jno. Brydon, 2nd July, 1891."
WILLIAM COOPER , I am one of the managers of the London Trading Bank, Coleman Street—the defendant kept an account there—it is a registered joint-stock company, and has carried on business fifteen years—I produce a correct copy of the prisoner's account from 1st January, 1890 to 26th June, 1891; it was made from one of our ledgers.
Cross-examined. He has dealt with our bank between five and six years—this account shows something like £5,000 during the year—I think the previous years would be much the same, or a little more—his bills were always met until May 1891—we found no fault with him; there was nothing that came before as to challenge his business—we discounted for him; it was a very active account.
By the COURT, The bills not met that have been put in were made payable at our bank in the usual way—I never saw a bill of his returned up to May, 1891—we gave him three or four references during the five or six years; they were satisfactory—Lynx and Co. did not apply to us for a reference; applications have been made to us through bunks, and none of them exceeded £150—judging from his active account we considered that he was responsible for that amount.
Re-examined. The last reference would be about February; I can't say exactly—there would be a reference to within a month or two of the first bill coming back, whichever date that was.
EGERTON GRAY , I am Assistant Official Receiver—in that capacity I have investigated the affairs of the bankrupt, and made myself familiar, to a certain extent, with his books—after his public examination private inquiries were made by myself, and certain statements were taken from some of the witnesses—upon those statements an order for private sittings was made, and on that we obtained an order for the bankrupt's attendance, and the notes were taken by Mr. Edsall—turning to the pass-book, on this 24th May, 1891, the prisoner's account was overdrawn £27 3s. 11d.—a country cheque for £30 was paid in on the 26th—the difference would stand to his credit, less 1s. 8d.—a cheque for £6 was drawn on 23rd May—I have before me a book containing nothing but auction sales—it contains many thousands of lots; they were sold below cost price—he credits himself with the amounts, in his deficiency account, about £400 as a loss, as the difference between the cost price and the price obtained—in his private ledger on page two I find an entry of the sales to Mr. Eysoldt of five beaver skins for £10, under the date of April 12th; at page twenty-four there is an entry of a sale to Thompson of thirty-seven dozen rabbits at £20—on the 29th April there is an entry of the sale of twenty-six dozen rabbits for £7 16s.; the date before that is 14th April—on 12th May I find an entry of the sale of sixty-nine Persian skins to Thompson for £43 12s. 6d., and 263 racoons on the same day £38 9s., with a note Credited by bill due, £52 10s.; cheque. £25; total, £27 10s."—in the general ledger there is an entry of a sale to Mr. Zernich of twenty timbers of martens, £63—on 21st March I find an entry of nineteen beavers, £40—there is no entry of a sale to Mr. Mohlburg on 29th April of six timbers of martens and eighty-four skins—I find the name of Mohlburg in the index, but there is no account in the ledger—referring to Thompson's account I find a number of entries of goods sold, also entries of similar transactions with Blaustein, who is now a bankrupt—no information was given to me by the bankrupt of the goods in the possession of Zernich on 13th and 15th July—I should like to add that all the books and invoices produced were handed to me by the bankrupt.
Cross-examined. I do not suggest that any of his books and papers have been kept back—I have examined the bankrupt as to his commercial history prior to the bankruptcy—I took a general note over fourteen years—I have no recollection of his saying that his fortune in
Australia had been unexpectedly lost—he said he started in the rug trade in the first instance, and I think he said that he had paid his way and saved £400, and on that he had launched out into the fur business about six years ago—it is all on the notes—in my opinion his books were very badly kept—they include the transactions of which I have spoken, but they did not enable me to state a single purchaser—it is usual in the fur trade to have season sales—I have had three prosecutions in fur cases, and have administered a furrier's estate before this—I am afraid that there are periodical sales by auction—I won't say it is usual in the trade; it is very usual with those that have come into my hands, and in every case there has been a prosecution at this Court—I say that £400 on a quarter's sale is a very heavy loss on goods sold at less than cost price; I cannot say what is the total amount of those sales—all the payments appearing in the bank-book were no doubt paid—I do not know what has taken place since—this book is marked No. 2; this does not contain entries of the monies received and paid since the close of his banking account; I do not see any record of it; there are only about eight accounts here with different persons—in the account marked "General" there is a list of items on the credit side, that extends over one page—I see an item here on June 6th, "Paid Zernich wages, £18 9s. 6d.—that receipt was handed to me by the bankrupt after these proceedings were commenced, after the private sitting—this book was handed over to the Official Receiver at the date of his appointment, which was on 2nd July—there is a schedule containing a list of property, in the form prescribed by the rules of the Court, and supplied to the bankrupt immediately after the receiving order was made—it requires particulars of all property belonging to the bankrupt—it is not adequately filled up by the prisoner; it only sets out the stock at 324, Kingsland Road—if there were skunk skins at Zernich's they ought to have been put down—assuming that forty skunk skins were at the debtor's place of business at the time this statement was made it would be an adequate description—the prisoner swore the statement of affairs on 18th July as on 2nd July—between 2nd and 18th July there was a preliminary examination—I am not aware that the prisoner gave a list of stock to me, or to my department—in this stock-list forty skunk skins were mentioned originally, and it was altered to thirty-nine; there were no skunk capes in that—Mr. Frederick Miller, the auctioneer employed by the Bankruptcy Department, made out the list—the debtor would attend to go over the stock with Miller, who would be instructed by the department to make the stock-list immediately after the 2nd July—within a few days probably of the receiving order, Miller made a report of the stock in hand—I, don't think the list is dated, but in the usual course it would be made within a few days—the summary £845 is of the preceding sheets, which give the details of the stock—it is the statement of Miller, and is presumably correct—the figures are the figures he thinks they would fetch; he would get his information from the bankrupt entirely as to what the goods had cost—the trustee sold the skins and other goods in the stock list, including the thirty-nine skins—the tender accepted was for £160; that was the gross realisation of the stock—the Official Receiver asked the principal people in the trade to attend and inspect the stock, and they reported it as worthless, and practically unsaleable—everything
that could be sold had been sold, and the rest was practically unsaleable—I had not seen the stock—I imagine that Waller purchased the stock—of the three sealskin jackets, two fetched £24 each, and the third £26—the public examination was on 12th August, 1891, and the private examination was on 5th July, 1892; the debtor appeared then in person—I conducted the examination.
Re-examined. I find no entry in the bank-book in February of £63—on 21st February there is £35 in cash—the defendant's cheques are only entered as cash—there is an invoice from Dornfeldt and Co., of April 3rd, 1891, for 435 skunk skins, purchased from them on that day—I have not been able to find in his books any entry showing how many went to Zernich to be made up—this receipt I found, after the private examination, on my table, and subsequently the prisoner told me he had left it there—there is an entry in the prisoner's book of £18 to Mr. Zernich—under date of 6th June the whole sum of £18 appears as paid that day, and there are several entries after it; it is in one item, £18 9s. 6d.—I produce the invoice of 22nd April, 1891, of E. Dornfeldt and Co. for 84 sable marten skins, value £39 18s., sold to the prisoner—I find in the statement of affairs that the debtor set out Dornfeldt and Co. as creditors for the amount, and that he holds acceptances for £84 18s.—I produce another invoice of the same date of L. H. Stehr for £130 8s., less £3 5s. discount, for twelve timbers stow-marten tails—Mr. Stehr appears as an unsecured creditor proving in the bank ruptcy for that amount, and holding two acceptances due the 26th June and 25th July.
Mr. Bodkin read extracts from the public and private examination of the prisoner.
Witnesses for the Defence.
LUKE DAGLEY , I was a fur-cutter in the prisoner's employment from about July, 1890, for about twelve months—I was there in July, 1891—I know a lot of skins came; I don't remember from where or the number—on 15th July I fetched forty skins from Zernich's, and took them to the prisoner, who put them into the bankruptcy stock; I saw him give them to the man in charge—at that time a man from the Bankruptcy Court was in possession, and in charge of all the skins there—the skins I brought from Zernich's to Kingsland Road were cold to Christy and Co., where they were made into rugs—I went to work at Christy's after the bankruptcy stock was sold, and I made these forty skins up into rugs at Christy's place—Christy bought them at the auction saleof the bankrupt stock—there were' capes in the bankrupt stock—the skins were of very poor quality, not worth sixpence each, and not fit to be made into capes—the skins that were fit to be made into capes were made into capes by Zernich, and brought back to the prisoner's—I should think there were fifteen or sixteen capes in the stock when it was sold—I was not at the sale, but when I went to Christy's, who bought the lot, I had the job of sorting them out—all these capes and skins went to Christy's—I received the forty skins from Zernich, and I had from the prisoner a memorandum to fetch them—Arthur Lee was in the prisoner's employment—there were generally three of us in the prisoner's employment; it was permanent employment—there were forty skins of poor quality—the prisoner was a rugworker, which is different to the fur trade, and when he bought things to be made up
some were worth the money he gave, and others were only worth a third of what he gave, and I said he would go wrong if he bought such stock.
Cross-examined. I ceased to be in the prisoner's employement about a week after 15th—since then I worked in Fore Street in February, and at two places since—I have seen the prisoner several times—I did not know of his being at the Police-court till very shortly—I did not hear in the fur trade that he had been had up before the Magistrate—I read a Sunday paper; I did not see it in the paper—I first heard he was accused of any criminal offence about five or six weeks ago; that would be at the time ho was under remand—Lee, who is still working for the prisoner, and who is here, came to me at Christy's, and asked me whether I remembered on 15th July, 1891, having seen these thirty or forty skunk skins, fetching them from Zernich—this was seventeen months afterwards—I remembered at once taking away the skins, and making them up, and the date—Lee said there, was something wrong about these forty skins—he did not ask me to go to the Police-court—I went and saw the prisoner at his present place—Lee was working there for him—I don't know where his place is; I only went there once, and it was in the dark; I could find it—I went with Lee—the prisoner asked me whether I remembered fetching skins from Zernich's; he hardly recollected my going for them; that was what I explained to him—he knew me as having been in his employment for some time—I do not know that he knew my name—I am always called Luke in the trade—he asked me whether I would be kind enough to speak about these skins at the Police-court—I have not given evidence before to-day, because I was not asked I was about six weeks ago that I saw the prisoner—Mr. Burton may have bought this stock, but whoever did it was bought again, for Christy had it—Lee told me where the bankrupt's stock was sold, and I followed and got the work, and I recognised these skins, as I had seen them all before—I could swear to any of the skunk skins if I saw them again—I won't swear there was any mark on them—between the time I brought skins from Zernich's and my working at Christy's I had seen them at the prisoner's—I went to work at Christy's about the end of August; the stock was there then—skunk capes were sold at the sale—I had nothing to do with making up the stock sheets—I left the prisoner's employment a week before the sale—I saw theor twenty capes in the prisoner's warehouse shortly before the sale—they were in the room where the man was in charge; I saw the man in charge—I suggest that they were sold in the sale—I cannot say why they do not appear on the stock sheets at all—the prisoner was living and sleeping there with his wife and family, and he took part in. making out these stock sheets—the prisoner gave me this order, which has my signature on it, to get the skins from Zernich's; I receipted it for the goods which I took back to the prisoner—the prisoner told me that there were some skins to come from Zernich's, and he gave me this order; it did not mention capes—I did not see Zernich when I got thorn; I think I saw his son; he did not mention capes—I do not know Thompson or Blaustein—Elsbach came frequently—some goods were delivered about March, but I did not see that part of the premises; I was upstairs—I and Lee were cutters.
Re-examined. I cannot from the stock-list distinguish any items of capes which came from Zernich—I am sure I saw capes that came from
him—T only brought the skins, not the capes, which were there some time before—the skins were thrown into the passage, and I counted them out one by one and put them in a bag—the prisoner was there—they were the skins I saw afterwards, because they were tied up, and I knew the strings again—I was always called Luke; I don't think the prisoner knew my other name.
—LEE, I live at 69, Well's Road, Hackney—I was in the prisoner's employment for about eight years as a fur-cutter—I saw the forty skunk skins being sold in Charterhouse Buildings, the place where the auctioneer sold the bankrupt stock—I had not seen them at the prisoner's premises—I fetched some capes from Zernich's about a month before the skins, I should say—I have taken the things from Zernich's to 324, Kingsland Road—there were all sorts of capes with the stock at Charterhouse Buildings, I could not say how many; there were some skunk capes in the sale—I told Dagley about Christy and Co. having bought the skins.
Cross-examined. I never saw the forty skunk skins at the prisoner's, but only at the sale—I fetched capes about May; I don't know whether they were those I saw in the sale; there were skunk capes in the sale—some of the capes sold in the sale came from Zernich's in 1891, I suppose—I have been in Court while Dagley has been examined.
Re-examined. I only saw the forty skunk skins at Charterhouse Buildings.
By the COURT, I was first asked to give evidence in this case about two months ago—until this year I had not been asked anything about it—about a week after I heard about these skins I said to the prisoner, "I can get Luke Dagley to come; he worked these skins up"—I always called him Luke. (Mr. Roberts read extracts from the prisoner's private examination.)
—He received a good character.— Twelve Months'Hard Labour.
MR. BULLEN and MR. BONNER Prosecuted, and MR, C. MATHEWS
JOHN DANT ARTHUR , I am a solicitor and managing clerk to Mr. Miles, a solicitor, of Chancery Lane—I produce the original writ in this action, dated September 9th, 1891, the statement of claim, delivered September 13th, 1891, and the defence of both defendants, delivered September 30th, 1891—the action was heard in the Chancery Division, before Justice Romer, in October, 1892, and I produce his judgment, dated October 31st, in favour of the plaintiff—the action was dismissed against the defendant Britton without costs.
Cross-examined. I applied for the summons at Bow Street, on the information of Mr. Francis.
EBENEZER HOWARD , I am a shorthand writer—I took notes for Messrs. Cleaver and Bennett on the trial of Frankis v. Baverstock and Britton, on September 21st, 1892—this is a transcript of my notes of the evidence of Samuel Britton, and of the judgment of Mr. Justice Romer—it is correct. (MR. C. MATHEWS submitted that the words of the judgment could not be given in evidence, as the defendant had not the opportunity of answering the Judge. MR. BULLEN
contended that the words of the judgment were evidence, hut THE RECORDER held that they were not. The transcript of the defendant's evidence was then partly read, in which he swore that he did not erect a fence on December 1st or 3rd, or touch it, or put his hand upon it, or employ any men to erect it, or pay them, and that he did not buy or pay for any of the materials; that his co-defendant asked him to see after some boxes which were used to support the fence, but that he did not put a hand upon them, although he lent them to Mr. Baverstock.)
Cross-examined. He was asked if he made an offer of £450 for the property in August, which was refused; he answered, "Quite true," and that the offer was made by Messrs. Cousins and Bur bridge, the solicitors to Mr. Franklyn—he said, "Baverstock cautioned me not to buy the land"—he was asked, "The fence which was erected on September 1st was of wood, and you knew nothing about it?"—A. "No, I knew nothing about it."
JOHN SLART , I am managing clerk to Cousins and Burbridge, of Portsmouth, the solicitors in this Chancery suit—I came to London and attended the trial three days—I saw the defendant sworn, and heard him give his evidence.
Cross-examined. Mr. Frankis was my principal; he is a gentleman of independent means; he invests in building property, and is a bill discounter—he bought the property in June, 1891—Baverstock claimed as being in possession of 342—his case was that his father and grandfather before him had possession of it, and that he had been in possession from 1884 downwards—Baverstock is a joiner, employed in the Dockyard, Portsmouth; he would be away by day.
JOSEPH MCMAHON , I am a bricklayer's labourer—I was in the employ of Mr. Tyfield, a builder, of Landport, in the autumn of 1891—I do not know the month—I was engaged in putting up some shops in Stratton Street; a carpenter named Pike, in the same employ, was on the job—I was ordered to go with Pike to Mr. Smith's, an ironmonger's in the Commercial Road; we went there, and through the shop into the back yard—the driver Bluden got his horse into a trolly, and packed some corrugated iron—I took a pick and shovel with me—Mr. Smith showed me what iron to take, and we drove off to Britton's house, who came out—the gate was locked, and Britton told me it was to be opened to get the iron in, and gave orders to open it, no matter how—he said we were to break the lock or anything else—I lifted Pike over the top of the gate—he broke the lock on the inside, and the gate was opened—Britton was present on top of a box looking over the gate, which was also fastened with an iron bar, which we broke, and carried in the corrugated iron—Britton pointed out to me the ground where we were to sink holes to put posts in to put rails on—he said the fence was to be pretty high to keep anybody from going over—I made the holes as quick as I could—from the time we got the iron in till we finished was about five hours—Mr. Britton was there all the time; he lives next door to his shop—he was shifting boxes, and he brought out an old firelock and placed it on an old table or box, and told us not to interfere with it, because she was dangerous—an order was given to the beershop, and Pike and I went across, and Mr. Britton gave the orderfor us to have what beer we liked, and we had a quart of beer—we did not pay for it—the fence was finished about 5. 30 or six.
o'clock—Mr. Britton then examined it, and was well satisfied with the job—a hole about three feet square was broken through the wall at the back of the yard by a man they call Darkie while we were there at work—his name is Lan Carroll—Mr. Britton was there while Lan Carroll was making the hole; he was in and out—after the fence was put up Mr. Britton came up to me and asked me what my charge was—I told him sixpence an hour, and he gave me half-a-crown from his pocket—he asked Pike what his charge was, and gave him five shillings—I never saw Mr. Baverstock till to-day; he was not on the ground that afternoon.
Cross-examined. I was employed by Mr. Fifield as a weekly labourer—my attention was again called to this about seven or eight weeks ago; it was before Christmas—Mr. Fifield keeps a public-house—I was with Mr. Street about twenty minutes; I saw him frequently in the streets afterwards, and just said "Good morning" or "Good afternoon"—my statement was taken down the same night at the public-house—my attention was not called to the matter till 1892, because part of the time I was not in the town at all.
By the COURT, I held the post while Pike broke the lock. SAMUEL BLUDEN, I am a porter in the employment of Mr. Smith, an ironmonger, of Landport—in September, 1891, I was in his backyard, and he said. "Bluden, you go and look out a quantity of corrugated iron, and take it to Mr. Britton's"—Mr. Britton was there—a labourer helped me to load it, and we got there close upon one o'clock—Mr. Britton came out, and told us to put it in the yard adjoining the shop, and I heard him tell Pike to get over the wall and break the gate open Mr. Britton was there while Pike jumped over the wall—the iron was arried in—I was there twenty minutes—we then went to Mr. Woolf's timber yard—I do not remember what we did there—Pike was there—I did not see Mr. Britton again that day.
Cross-examined. I did not see Darkie—I am still employed by Mr. Smith; he is here—Miss Miller keeps his books; I have not seen her here to-day—I do not know who ordered the corrugated iron—Mr. Britton's account with Smith for September was shown to me before the Magistrate.
Re-examined. Mr. Smith and Miss Miller were called before the Magistrate as witnesses for Britton—I began to get the iron out after dinner—Mr. Smith left just at one.
EDWARD CHARLES THOMAS WAKELY , I have been six years clerk to Mr. Woolf, a timber merchant—on September 3rd, 1891, the prisoner called and went into the yard, and pointed out £1 worth of cheap quartering and ordered some nails—he went into the office with me, and I booked the order—I have my books here; the order is 14 lb. of nails, and the quartering. £1—that was given me by Mr. Britton—he said Mr. Smith's man was going to take the iron which he had ordered, and he would take the timber—the goods were paid for at the time either to me or to Mr. Bartholomew, the other clerk—on September 5th some timber was ordered, but I did not take the order or make the bill out—Bailey is a carter in our employ—when he takes goods out he signs receipts for the money—I produce the cash sales book; it is in two or three writings—there are no entries of mine in it on 3rd and 5th September.
Cross-examined. My attention was called to this about November, 1892—I did not take the date—this first entry is in my writing—I cannot say whether I was paid any money on that occasion—I am not going entirely on this—I remember the circumstances and the person who came.
SAMUEL HENRY BARTHOLOMEW , I am clerk to Mr. Henry Woolf, of Commercial Road, Landport—on 3rd September, 1891, between one and 1. 30, Mr. Britton came—I had been out to dinner—Wakely was there, 2. and was booking an order when I went in for timber and nails, for 3. which Mr. Britton paid £1 2s. or £1 4s.—the timber was fetched away 4. by Mr. Smith's, the ironmonger, van—Smith's man and Pike were with 5. the van—on September 5th I sent out some more timber, which was 6. booked in Mr. Britton's name—Mr. Baverstock ordered it—this is the 7. book—I sent the goods to Britton, twenty-six pieces, 4 by 2, 8. quartering, value £1 14s.—it was adapted for posts—I sent the bill with 9. the goods by our carter Bailey, who brought £1 14s. 8d. to me the same 10. day.
Cross-examined. I am quite clear that this happened between one and 1.30 in the day—I did not say a word about Mr. Britton coming on 3rd September in the Chancery action—I said that Mr. Pike came, and that Mr. Pike paid, and that Mr. Britton was not in the shop at all—Mr. Pike came on the 4th; I had no time to look at the books, and I went into the box, and told a story, which was not correct; I was subpœnaed at ten o'clock at night, and had to be in Court in the morning, and had not time to look at the books—I did not say before the Magistrate in December that it was Mr. Baverstock who gave the order—before Mr. Justice Romer, on 31st October, I said that it was Mr. Pike who gave the second order—in the Ghancery action neither Mr. Britton nor Mr. Baverstock were vouched by me as giving the order—I said that Baverstock Gave the order on September 5th; that was untrue—reference to the books enabled me to make the correction—the day after I appeared at the Chancery Court Mr. Baverstock came to see me, and told me I had made a mistake, that he ordered the second lot, and did not I remember it? and when I came to think about it I did remember it—there is nothing in the book about the second entry, but as to the first I was able to make the correction, and when I got back on the Tuesday after being at the Law Courts, I looked and saw that Mr. Wakely made the first entry—this is the book I had at the trial before Mr. Justice Romer.
Re-examined, I cannot say how often I have seen Pike at the shop—I saw him once when the case was before the Magistrate in London—I heard him called as a witness on behalf of Baverstock.
ARTHUR WILLIAM BAILEY , I live at Landport, and have been carter to Mr. Woolf sixteen years—in September, 1891, I carted some timber from Mr. Woolf's to Mr. Britton's, and put it into a yard adjoining his shop—I took a bill with me for £1 14s. 8d., which I presented to Mr. Britton; he paid me, and I took the money back to the office—I delivered from twenty to twenty-six pieces of quartering, 4 by 2—I signed the bill and left it with Mr. Britton.
Cross-examined. I was examined before the Magistrate, but not in the Chancery suit—I was first spoken to by Mr. Street about this some weeks ago.
EDMUND SIBBICK , I am a fruiterer and potato dealer at Landport—in August, 1891, I rented a plot of ground from Mr. Frankis—there was a gate to the yard—in September, 1891, the lock was broken, and a wooden fence three or four feet high was put up in the yard; it was knocked down in the evening and a new lock put on the gate—on September 3rd some corrugated iron was brought on Mr. Smith's trolly—Mr. Smith's carter came with it, and Mr. Pike and Mr. McMahon—they delivered it in the yard, and the iron bar was knocked off by someone—I saw Carroll and Brown there, and the prisoner was in and out of the yard; he was there when the bar was wrenched off the gate, and when the corrugated iron was delivered he brought a gun—I saw men digging holes in the yard and another fence was erected 13 ft. or 14 ft. high, and Mr. Britton was bringing galvanised baths and butter and cheese and stones from his shop next door—he placed the gun on a box in the yard, and told the men not to let anyone meddle with it—I saw Carroll make a hole in the wall at the end of the yard; that hole led into Mr. Britton's property—I never saw anything come through it—the fence was made of quartering and iron, and the galvanized iron was nailed up to it, and there were some very large uprights and galvanised chains—I went on the ground, and Mr. Britton told Lan Carroll to fetch me back, and when I got to the door of the cottage Mr. Britton said I had no right on the ground, I was trespassing—I asked him what right he had there—he said he was renting the ground from Baverstock—I said I did not know there could be two tenants for one property, and I was renting it from Mr. Frankis—two days afterwards Bailey, Mr. Woolf's carter, brought some timber, and after delivering it went into Mr. Britton's shop.
Cross-examined. The earlier wooden fence was pulled down by the Frankis party, and a padlock was put on by Mr. Frankis, which was broken off, I think, by Mr. Baverstock's party—Mr. Britton brought some boxes.
Re-examined. The padlock and the bar were put on the gate inside—that is not the gate which gives admission to the yard—the fence which was knocked down ran between the two posts dividing them.
EDWARD CHARLES THOMAS WAKELY (Re-examined by MR. MATHEWS). I cannot fix the date when Baverstock came to the shop, but it is a fact that in consequence of what he said to me I made out these two receipts and signed them—I cannot say whether Baverstock destroyed the other two receipts; it was my impression that they were destroyed, and I gave him two fresh ones; that was about a month after the 5th—Mr. Bartholomew was present.
By the COURT, Baverstock said that there had been a mistake in the things being booked to Mr. Britton; they ought to have been booked in his name, and he asked me to alter the bill—I accordingly made out two fresh invoices in his name, and gave them to him, and I think he destroyed the others; I think they were produced at that interview; I had not got them; I did not hear how it was he had got them in his possession—I think it was as much as a month after—it was early in the evening—at the beginning of October we should not use gas till six or seven o'clock; that makes me think it was about a month after September 6th or 7th.
S. H. BARTHOLOMEW (Re-examined by the COURT). It was a few days
after September 5th that the prisoner came and asked Wakely to have the invoice made out in his own name—I cannot say that it was not a fortnight; it was as I came back from tea, about 6. 30—I do not remember whether the gas was burning—I said that it was about the 6th or 7th—I was asked before the Magistrate when it was, and said that I could not say.
The prisoner received a good character.
GUILTY, Strongly recommended to mercy by the JURY.— Judgment respited.
NEW COURT.—Wednesday, February 8th, 1893.
Before Mr. Common Serjeant. For cases tried this day, see Kent and Surrey Cases.
NEW COURT.—Thursday, February 9th, 1893.
Before Mr. Common Serjeant.
267. GEORGE EDWARD GREEN (31), ALBERT FRICKER (21),. CHARLES WILLIAM LONG (30), ALFRED MILLER (23), ALBERT EDWARD BLISS (22), ALFRED GARRETT (35), ALBERT MASON (29), ALFRED GEORGE COX (31), BENJAMIN BEVAN (46), JAMES WILLIAM LECOMBER (26), GEORGE WAMRFIELD (26), WILLIAM CROUCHER (37), GEORGE HUBBABD (36),. GEORGE IVES (31), and EDWARD ALBERT CHINNERY (25) , Unlawfully intimidating Henry Brown, Arthur Greenwood, and William Greenwood, to compel them to abstain from doing certain lawful acts, other Counts, for besetting and watching the said persons.
MR. C.F. GILL and MR. ARTHUR GILL Prosecuted, and MR. GEOGHEGAN Defended.
After the opening speech, GREEN, MASON, COX, BEVAN, LECOMBER, WATERFIELD, CROUCHER, HUBBABD, IVES and CHINNERY stated, in the hearing of the JURY, that they were
GUILTY on the Counts for watching and besetting, upon which the JURY found that verdict—Judgment respited. No evidence was offered against FRICKER, LONG MILLER, BLISS, and GARRETT.
— NOT GUILTY .
For the case of Edward Symonds, see Surrey Cases.
OLD COURT.—Friday, February 10th, 1893.
Before Mr. Justice Vaughan Williams.
MR. HODGSON Prosecuted, and MR. HUTTON Defended. EMILY BERTHA MEDINA. I am the wife of Alfred Edward Medina, an auctioneer, of 2, Yeldham Road, Fulham—the prisoner was my only servant—she entered my service on 5th July last; I had no reference with her; I took her on her mother's recommendation, a very nice respectable woman—on 17th January, about a quarter past one in the day, the prisoner and I were alone in the house—I went into the dining room to see that the table was properly set—I found the fire burning very low, and no coals in the scuttle—I called to the prisoner to bring in a pail of coals to empty into the scuttle, and I then went into the drawing-room, which is separated from the dining-room by very heavy curtains, leaving the prisoner in the dining-room—in about five minutes, smelling fire, I opened the curtain to go back to the dining-room, and found it black with smoke, and flames reaching from a chair above the chandelier nearly to the ceiling—the easy chair was half way under the dining table, by the side of the fire, with its back to the fireplace—I rushed into the scullery and got a large pan of water and threw it all over the table and chair—T screamed to the prisoner; she was upstairs; she came down, and helped me screw up the tablecloth, and throw it out at the back—the tablecloth was alight, and the table leg was burnt, and the chair seat—I did not say anything to the prisoner about the fire—as my husband did not come in at three o'clock I had dinner with my children—at that time the fire was all out, and we had cleared up all the mess—I left the dining-room between half-past three and a quarter to four, and went into the kitchen, and directly I went to the sink I smelt benzine; it is used for cleaning—I called the prisoner, and asked her if she had been using any—she said, "No, it must be an escape of gas"—I tried, but there was no escape—I had two bottles of benzine, both full; I bought it to clean a dress, but had not used it—I then went up to my bedroom with my little, boy; I had just taken off my dress when the prisoner came up; I asked what she wanted—she said Bertie called her—I said, "Nothing of the kind," and told her to go downstairs; she took no notice, but went to the window where the child was looking out—I was very cross, and turned her out; both her and the child—she went downstairs, but ran up again directly, and said, "There is another fire downstairs"—I rushed down, looked into the dining-room, and saw all the corner of the room was on fire; there was a vase with dried grasses in it and a Japanese fan; that was all burnt, and the vase was broken, and the muslin curtain on the top of the pole was on fire; I stamped it out with a broom—the curtains had not been set on fire, they had caught from the articles on the bracket—with the prisoner's assistance I put the fire out—I told her I was sure that when Mr. Medina came home he would send for a detective—she said nothing—Mr. Medina came home about five—he saw what had taken place; he went out and returned with Mr. Goddard, a neighbour—I went into the yard, and brought in the tablecloth, and showed it to him; we opened it, and we smelt benzine very strongly—the inspector and the fire brigade man came, and we sent for the prisoner's mother—I told her in the prisoner's presence that we
had smelt benzine, and the prisoner told her mother that she had used some for cleaning a velvet collar, but so very little that she did not think I should smell it—later that evening the inspector took the prisoner to the station—I did not wish to charge her, for I really did not think the girl was responsible—I do not wish her punished now—she seemed so peculiar; she always called me "mother," and I was cross with her, because I thought visitors might hear her—I had a plush ottoman in my bedroom, and she always used to say it was her coffin, and if I missed her I must look for her there—she had very bad health; she went to the hospital every fortnight all the time she was with me; she had some internal complaint; she was suffering from it when she came to me—on the 1st January she came to me before I was up in the morning, and told me that a nurse wanted to see her—she was not ill the first thing that morning, but she was ill by dinner time—she could not eat her dinner, and she went to bed; I told her to go, and I took her up a cup of tea about two o'clock—I went to bed about ten—I saw her about 9. 30—I took her up a cup of tea, and bade her good night—between one and two she came and opened my door, and said she could smell fire—I said it could not be fire, but when she woke me right up I saw the smoke coming through the bedroom door, and I jumped out of bed, and went downstairs to the kitchen—I could not see the fire—I lighted the gas, and saw that the smoke was very great, and the biros were crying very peculiarly—I went to the fireplace, and saw that the smoke was coming from an easy chair, and when I lifted it up I saw that it was all on fire underneath—the prisoner was there—she had followed me downstairs—I put water on the chair, put the fire out, but I would not let the prisoner help, me, because I knew she was ill—all the underneath part of the chair was burnt, with the exception of the springs and the top leather; one leg was burnt—the carpet under the chair was not burnt at all—I had given the prisoner notice to leave every month she was with me, but she was very clean and honest, and I looked over this for those two reasons.
Cross-examined. The mother told where she had been employed before, and the prisoner gave me the address of one lady, a Mrs. Beeding, and a Mrs. Sherer, where she was four years—the bottles of benzine were kept in a cupboard; I don't know when I had seen them last, but I was in the habit of going to it every week or ten days—the fire we burn in the dining-room is sometimes wood and sometimes coal—on this day a large piece of wood had been put on, and there were coals, with a guard up—I had nearly put the first fire out when she came down—she ran to the tablecloth, and began twisting it round; I don't know whether she scorched her hands—her apron was scorched a little from the smouldering; I had put the fire out then—I might have said to her "Oh, Ellen, we will not burn any more wood in this room"—I don't remember it, nor her saying, "It would be the best plan, for wood is very dangerous"; but I am very hard of hearing—I have burnt wood in the same room ever since—on the second occasion I bad not smelt any fire before she came up, screaming that there was a fire—I have not used the benzine since.
Re-examined. My little boy is four years old—the prisoner told me that my boy had told her of the fire on the 17th, and she ran in and saw it.
ALFRED EDWARD MEDINA , I am an auctioneer—the prisoner was in my service—on 17th January I was away on business all day—I came home at five—I was shown a chair, three portions of a table cover; and a white tablecloth—the seat of the chair had been burnt right across, to the extent of six inches—I saw the vase and ashes of the grass, and the top of a lace curtain that had been burnt; also the cornice of the ceiling and a gilt picture frame at the side—I sent for the prisoner and asked her if she knew anything of the cause of the fire—she said, "No"—I also spoke to her about the chair, and said, "I think you must know something about this; put on your things and go home, I cannot have you in the house"—she went into the kitchen and began to cry—I went in to Mr. Goddard, and he came and looked at the things—I afterwards went to the station, and the police came.
Cross-examined. I have been in the house ten or eleven years; this was the first fire that had taken place there.
By the JURY, We do not, as a rule, use lamps or candles when we go to bed; we have gas all over the house—I should say it would not be likely for anyone to look under the chair with a candle before going to bed, there would be no reason for doing so—we do not use candles at all.
WILLIAM GEORGE GODDARD , I am a tobacconist, of 70, Fulham Palace Road—on the evening of 17th January Mr. Medina came to me and told me something, and I crossed the road with him to his house—I was shown some things that had been burnt; I saw the table cloth brought in and opened, and smelt benzoline—it is the same thing as benzine—I have been eleven years in the trade, so I know the smell.
SAMUEL WILLIS (Inspector T). On 17th January, about half-past six, I was spoken to by Mr. Medina—I went to his house, and in the dining-room I saw two distinct traces of fires; first the dining-room chair; it was scorched at the back inside—this is the chair (Produced)—this portion of the leather seat was some what charred—the end of the dining table was blistered by fire—the fringe of the table-cover was charred—in the corner of the room the wall-paper was burnt, and the wall was discoloured; the top part of a pair of lace curtains was somewhat scorched, and the ceiling slightly—there was no connection between the two fires.
FREDERICK REED (Examined by the COURT). I am a joiner, and live at 120, Offord Road—the prisoner is my daughter; she is twenty-two years old—she has been in service about eight years—she has been away occasionally; I have seen more of her lately—I live about a mile from Mr. Medina—she has been rather poorly at times—she has always borne an excellent character—I have not known much about her going to the hospital.
PHILIP FRANCIS GILBERT (Examined by the COURT). I am medical officer of Holloway Prison—I have had the prisoner under my observation there since 18th January—she was suffering from rickets in early childhood; she is stunted and deformed, and of weak intellect, not insane—I know nothing of her internal complaint—she has never told me about it.
NOT GUILTY .
There was an indictment for attempting to set fire to the dwelling-house, upon which no evidence was offered.
NOT GUILTY .
MR. HUTTON, for the prosecution, offered no evidence.
NOT GUILTY .
MR. HUTTON prosecuted.
CHARLES COLLINSON , I live at 91, Shacklewell Lane, Stoke Newington—on 18th August last the defendants were living at No. 95; in the back room first and then in the front—they had seven children—between twelve and one o'clock the bailiffs came, and they put the furniture out in my yard about two o'clock—it began to rain, and I told the children to go into the stable out of the rain, and after finishing chopping wood I told them to go in the shed on the top of the sticks, where they stopped—in the morning, Friday, about nine, I found a bassinette between the stable and the shed doors—two children were in it; one was very weakly, its arms not being much thicker than my thumbs—I sent for the relieving officer, who did not come, and the male prisoner took the children on Hackney Downs—the little girl was minding them in the yard till then—she fetched the mother, who came and jawed me, and said I ought not to have sent for the relieving officer—she fetched the male prisoner who said I had got up a fine thing for him—I told him if the relieving officer did not come I would send for the inspector of police, and then I went indoors to get out of the bit of a temper I was in—when the male prisoner took them on Hackney Downs Mrs. Kitchen relieved them—both children in the bassinette looked ill—one was very weakly indeed, and the other rather dickey.
Cross-examined by Stewart Russell. You had the whole of the house—Mrs. Wild gave the children some biscuits and milk—the weakly child was not uncovered, but its arms were.
JANE DICK , I am the wife of Andrew Dick, of 94, Neville Road—I went to clean the house—the prisoners had occupied a room upstairs—I saw the child Edgar, who looked miserable, neglected, and very ill—I gave him some food.
FANNY KITCHEN , I am the wife of John Kitchen, postmaster, of 31, Amhurst Road—on 19th*August my servant made a communication to me, in consequence of which I went to 95, Shacklewell Road—in the yard I saw six children, two in a perambulator—I left a shilling for them—I collected money for them—in the evening, on Hackney Downs," I saw the mother and seven children—I gave them the money I collected—I tried to get apartments for them, but no one would take them in—I persuaded the mother to go to the workhouse, but she said "No"—the next morning I took them some breakfast on the Downs—the mother was with the children, the father was sitting down on the other side of the Downs—I saw the child Edgar and another little boy in the perambulator—Edgar appeared to be very bad—the man walked away—I said to the mother the child (Edgar) looked very bad—she said he was delicate—at dinner time I took them some dinner—I again said he
looked very bad, and offered to take him home till they could get apartments—she said "No," and would not let me—Augustus, the younger boy, looked well then—I did not see them again till they were brought up for manslaughter—they then occupied three rooms at 6, Lawrence Buildings—I saw Edgar and Augustus—I saw the female prisoner first, then the male prisoner came in—I told her she ought to have advice for the little boy Edgar, and I asked if there was a nurse in the house, and if I should buy them something—the man said, "Oh, no, we have got plenty"—I took the little girl out, and bought some coals, meat, and medicated beef for Edgar—the male prisoner asked if I would have a glass of stout—I said, "Certainly not, your children want something"—the front room was tidy, but the back room was very untidy and dirty.
Cross-examined by Stewart Russell. I did not ask you to get brandy—you asked me if I would have stout or whisky, and I felt insulted—I told you you could get a directory at the house at the corner of Church Street, as your wife said she wanted to find out your friends' addresses—I did not look in the coal cellar, but the little girl said there was one little lump of coal—I saw some bread you were going to make into a pudding, which was not fit for a dog to eat.
Cross-examined by Elizabeth Russell. I did not ask you to go for some brandy.
CHARLES HOWARD JACKMAN , I am a licentiate of the College of Physicians, Edinburgh—I practice at 11, Stoke Newington Road—on 21st December I was called in to the prisoner's child Edgar, at 6, Lawrence Buildings, Sandford Lane—the room smelt as if in a dirty condition—the female brought Edgar in naked in her arms—it was in a fit—I exclaimed, "The child seems starved"—she said, "Oh no, it is not starved; the child has had plenty to eat," the other children were brought into the room, and I was asked if they were starved—they were fairly well nourished—I saw three children, one a little girl about fifteen—I asked if they had any milk—they brought me milk, and I asked them to warm it, which they did; and they brought me whisky, which I put in the milk, and ordered them to give it to Edgar—I asked her if the child was—subject to fits, and she said "No," that was the first fit the child had had, and she had that morning given it a piece of camphor—I asked her why she gave it, and she said the child was suffering from worms—I asked if she had put it in a hot bath, and she said she had not a bath, but she had put it into a bucket of hot water—about a tablespoonful of whisky was brought in, and I put the whole of it in a glass of milk for the child—it was brought in from an inner-room—there was about a tumbler full of milk—that was in the house—I said the child ought to have been seen by a doctor before—I left then—about six p. m. I received a communication from the father that the child was dead—I did not give a certificate—assisted by my brother I made a postmortem on 24th December—I found no chronic disease sufficient to cause death—the child weighed 113/4 lb.—the minimum weight of such a child in good health would be 34 lb.—the cause of the emaciation was want of food—there was nothing in the child's condition to make it refuse food if offered it—children refuse food if they are ill—they die of merasmus—emaciation in that case would come from want of food—in this case I should say the cause of death was emaciation, caused by food not being
offered, because in merasmus I should have found disease in the mesenteric glands, some of which were diseased, but not sufficient to account for the tremendous wasting away.
Cross-examined by Stewart Russell. I think the milk was in a glass; it might have been in a stone jug—I put all the whisky in the milk—the height of the child was twenty-nine inches.
By the COURT, I did not see the woman at her confinement. HENRY JAYES (Serjeant 23 J). I arrested the prisoners on 31st December—the male prisoner said, "We did not starve him, we gave him plenty to eat"—the female repeated that, and added she would sooner starve herself than see her children starve—I was present, and heard the male prisoner make this statement to McCarthy, "I can only say I know the child had meat, greens, and potatoes on the 27th inst., and had other food np to the time of his death"
Evidence for the Defence.
By Elizabeth Russell. You have not neglected either of the little ones.
Cross-examined by MR. HUTTON, I have earned money over twelve months—I give it to mother—I have 7s. a week—I started with 5s.; then I had 6s. 6d.—my sister of fourteen does not earn money—I have my meals at home—we are eight in the family: Adolphus, Edgar, the baby, Annie, Albert, Nellie, Lizzie, Leonard, and Augustus and myself. Augustus, a child of three years, was brought into Court, at the request of the male prisoner.
Cross-examined. Sydney was in the same health in January as he is now, except he had a bad cold—I remember Mrs. Kitchen bringing us coals.
By the COURT, Sydney was born in 1876, the 19th April, at 32, Barnes Road, Bow Town—my husband was not in work at Christmas—he has had work off and on a little—I cannot say when—he works at home—he has not done much since Christmas—I have what my husband brings in besides the boy's money—I could not tell you exactly how much; he can tell you better himself.
CHARLES STEWART RUSSELL (a prisoner). I carve wood and do drawings at home; everybody does not know my affairs—I give my wife money when I receive it, not. on one occasion more than another—the children always had plenty of food—my work has fluctuated very much—I am not void of friends; if I want assistance I get it—Sydney was equally as bad as Edgar six years ago—we have had advice of four doctors, and have gone to three hospitals—we kept Sydney going for six" years, then he walked all at once.
Cross-examined. I do not suppose I have done anything since the other side of Christmas—some friends provided money, and some I had saved—I have worked in the last twelve months—the inspector asked me where I had worked, and I refused to say, because I did not care about this disgrace, as I consider it, going to people who employed me in business; as it is I have lost one or two firms' work—I paid rent at 95, Shacklewell Road till the people went out of the house—Edgar had
been as he was then nearly all his life—he had the same complaint as Sydney had—I think a doctor would call it a disease of the spinal column—he never had any spirits—being out all night did not do him the slightest harm—we covered him up in the perambulator, and he did not get a breath of cold air.
By the JURY, I have not been able to get sufficient work to keep me going—I have tried to get it.
NOT GUILTY .
272. [CHARLES STEWART RUSSELL][, and the said] [ELIZABETH HANNAH RUSSELL,] The prisoners were then severally charged upon the Coroner's inquisition with the manslaughter of Edgar Stewart Russell. No evidence was offered.
NOT GUILTY .
THIRD COURT.—Friday, February 10th, 1893.
Before Mr. Common Serjeant.
MR. BESLEY Prosecuted.
ROLAND ELLIS , I am a grocer, of West Norwood—on January 6th or 7th I made out this cheque for £15 17s. 2d. to Butler and Crisp, or order; for goods supplied in December, and forwarded it in a fastened envelope with an order for goods, which was executed in a day or two—it was crossed "and Co."—we do not appear to have had a receipt—on February 3rd I was applied to again for payment; that was the first time I knew that the cheque had been improperly dealt with.
ARTHUR WEBB , I keep the Golden Lion, 52, Dean Street, Soho—about 12th January Alfred Seares, who was a schoolfellow of mine, brought me this cheque, endorsed "Butler and Crisp"—I lent him 5s. and passed the cheque through my sister's bank, the London and Southwestern, Mortlake branch—this was on a Friday, and on the Wednesday following I heard that it was cleared—my sister gave me a cheque, and I went to Mortlake and got the money, and gave it to Seares, who was waiting at the Golden Lion, less the 5s.—I never saw him again—I do not know where he lived, but I think he told me it was Battersea Park Road—I saw nothing of the prisoner.
By the JURY, The expenses came out of my own pocket; I did it as an old schoolfellow, for friendship.
JOHN ISAACS BUSPOLE , I am a clerk in the London and South western Bank, West Norwood branch—Mr. Ellis has an account there—I received this cheque from our Mortlake branch on 16th January; we credited them, and debited Mr. Ellis's account with the amount.
WILLIAM HENRY DISNEY , I am managing clerk to Mullens and Bosanquet, solicitors to the Bankers' Association—on February 4th I received this letter from the prisoner from H. M. Prison; it is in the same hand as the writing of the endorsement; it is of a very marked character.
JAMES HERBERT CRISP , I am sole partner in Butler and Crisp—the prisoner was my clerk; he had access to letters arriving—Mr. Ellis sent an order in an envelope at the same time as he sent the cheque; it was executed immediately—this is not my endorsement to this cheque; it looks like the prisoner's writing, and it is his to the best of my belief—I have seen him write; this statement is in his writing—I did not
give him any authority to take the cheque away from the letter—I first knew that it had gone astray last Friday afternoon or Saturday morning—my manager, Mr. Gower, would open the letters in the morning unless there was "Private" on them—he comes about 8. 45, and the prisoner about the same time—the letters are opened downstairs in the ware-house, and the cheques sent up—Seares is not in my employ, but I fancy I have seen him—the prisoner had the opportunity of taking the cheque—he had no right to open letters, but anyone going up would carry the cheques up to the cashiers' department—the prisoner might take them up. (The prisoner's letter to Messrs. Mullens was here put in and read as far as it related to this indictment. See next case.)
Prisoner's defence. I have never seen the cheque at all, and I did not write that at the back. I was asked if I had seen a cheque from Mr. Ellis, and I said, "No." I presume that is the cheque.
MR. BESLEY Prosecuted,
EDWARD BANGLE COURD . I am a cashier to Robarts, Lubbock, and Co.—Butler and Crisp have an account there—on January 13th, between two and three p. m. the prisoner, to the best of my belief, handed me this cheque—I said that the signature differed, and we would make inquiries, and asked him to wait—he said, "I am going further; I will be back in half an hour"—I asked where he came from, and he wrote this in my presence, and left it with me, and also the cheque—he did not come back.
JAMES HERBERT CRISP . The prisoner was nine months in my employment—this cheque has been taken from the middle of my cheque-book, in which there are 720 forms—the counterfoil is left, and is blank—my cheques are all to order—this "J. H. C." not my writing; it is a forgery, and I believe it is the prisoner's writing—the writing of this memorandum is too disguised for me to say whose it is.
ROBERT OUTRAM (City Police Inspector), On the evening of January 18th I went to Battersea Rise, and saw the prisoner in the street, 150 yards from Seares's house; I stopped him, and told him I was an inspector of the City Police, and should arrest him for forging and uttering a cheque for £500 on Robarts' bank, which I showed him—he said, "I have not forged any cheque, and asked me to let him have another look at it, and said, "It is very much like my writing; there is a mistake about this; I met some friends last night, and I got awfully boozed; I did not go home last night, I went to an hotel"—I took him to the City, and charged him with forging and uttering the cheque—he said he knew nothing about it.
J.H. CRISP (Re-examined), This statement is in the prisoner's writing (In this statement the prisoner denied taking the cheque from the cheque-book. Me said that on the night before his arrest he met Alfred Scares, with whom he had lodged for a fortnight, in Tottenham Court Road, with a lady; that they went to the Alhambra, and then took the lady to Waterloo Station, after which Seares made him drunk, and then gave him something from a bottle in his pocket which took away his senses; that they slept together at an hotel, and next day when he was still ill, they met Schipper, a friend of Seares's, and had breakfast,
and then Seares produced a cheque, and asked him to fill it up for £500, which he did, but did not sign it, and they then took him to Finchley, and left him at the station, and on going home he was arrested; that he believed Seares forged and uttered the cheque, and as he only filled it up not realising what he did, and did not utter it, he considered himself not guilty; that Seares had told him he intended to go to California, and that he believed Seares made him ill that his absence from business next day might cause suspicion to fall on him.
GUILTY of the forgery only — Nine Months' Hard Labour on the first indictment, and Eighteen Months on the second, to run concurrently.
OLD COURT.—Saturday, February 11th, 1893.
For cases tried this day, see Kent and Surrey cases.
OLD COURT.—Monday, February 13th, 1893.
Before Mr. Common Serjeant.
275. CORNELIUS MURPHY (41), THOMAS LEE (32), and JOHN PARSONS (28) , Stealing five sacks of Brazil nuts, five sacks of Spanish nuts, and five other sacks of Spanish nuts, the property of Sir Reginald Hanson and others. Second Count, receiving the same.
MURPHY PLEADED GUILTY to stealing the five sacks of Brazil nuts and the first five sacks of Spanish nuts.
MR. KEITH FRITH stated that he desired to call Murphy for Parsons' defence. MR. GILL said that he accepted Murphy's plea to two Counts of the indictment, and that he would offer no evidence against him upon the other Counts, in order that he might be called as a witness. A verdict of acquittal was then taken upon Counts 2, 4, 5,and 6 as to Murphy.
WILLIAM COSTER . I am fourteen, and in December last I was in Messrs. Hanson, Son, and Barter's employment, at 6, Arthur Street—I was errand boy, and attended to the door, opening it when anyone came—about two weeks before Christmas, Murphy, Lee, Parsons, and another man came up to the door, knocked, and I opened it—I first saw Parsons, the carman, who had got a cart—he jumped down, and then Murphy came up with another man, who had a note—I saw there was writing on it; I did not see the words—the man who had the note, and whom I do not know, said, "I have got an order for five bags of nuts"—he went in, and Lee followed him, Murphy having gone on before them—the three men went in together, and went down to the cellar where the nuts are—Parsons remained outside with the van—Murphy came up from the cellar with a bag of Brazils on his back, which he put on the tail-board of the van; Parsons lifted it up and put it in front of the van—then Lee and the other man brought out bags and put them on the tail-board—five bags were brought out altogether—then Parsons drove away alone with the nuts, and the other men went away by themselves—this was
between two and three p.m.—the name on the cart was Samuel Mason—I did not see any of the men at Arthur Street after that.
Cross-examined by Lee. You did not speak to me; it was Murphy who spoke.
By the COURT. I had not seen Lee before—I have not seen him since that day until now—I have not picked him out since—he is dressed in the same way now as he was when he came to Arthur Street, with a jersey on—I am quite sure he is the man.
Cross-examined by MR. FRITH. I next saw Parsons, after that day, last Monday, walking up and down outside here—I was downstairs, by the waiting-room; Parsons was walking in and out of the room, and someone asked me to point out the carman—the person did not point to Parsons and say he was the carman—I saw Murphy at the Mansion House—the other man I had not seen before 14th December, and I have not seen him since—the carman I saw on 14th December was a stranger to me—it was a misty day, but not foggy—I was asked downstairs to pick the man out as he came into the room; he was talking to other people—Sawyer, who asked me to pick him out, did not nod towards him—he had asked me if I could pick him out, and had been talking to me about him—he had not been telling me what sort of man he was.
Re-examined. When I was before the Magistrate the only man charged was Murphy; that was on Saturday, and on the following Monday I came here to go before the Grand Jury, and, while I was waiting, Sawyer asked me if I saw the carman, and then I saw Parsons—before 14th December I had only seen him at Arthur Street "West—I am sure I saw the name Samuel Mason on the cart.
HENRY SAWYER . I am a tea-blender in Hanson, Son, and Barter's employment, at 6, Arthur Street—on 13th or 14th December, I cannot fix the exact date, I went into the cellar where the nuts are kept, between two and three p.m., and I there saw Murphy, Lee, and Collins, who is not in custody—I knew them all before—they have been taken on just for a week or ten days before Christmas for the last seven or eight years until last year, when they were not employed at all—they were acquainted with the premises, and with the manner of doing business—on this day I saw them shovelling Brazil nuts into sacks—I said to Murphy in the presence of the other two, "Have you made a start at 47 this year?"—I meant 47, Botolph Lane, our head place—Murphy said "Yes," he had started work again as usual, and they were as busy as could be—I stood there and saw them fill the five sacks of Brazils, and then the three men carried the five sacks out into the street—from the statement they made I believed they were in the employment—I saw them put the nuts into the van; I saw the van, but did not notice the name on it—on 19th or 20th December I saw the same three men; they took away five sacks of Spanish nuts in the same way, and put them—on a van—the sacks are known as three-bushel sacks, and weigh about 11/2 cwt.; they are about as much as a man can carry—the van which they put the nuts into was of the same make as the one I had seen before—the men did not go away with it—I saw Coster at the door the first day—on Friday before Christmas, 23rd December, I saw all three men again; they took five more sacks of Spanish nuts in the same way as before—on the 19th or 20th they asked me how I was getting on—on the 23rd I just passed the time of
day to them—I did not see Parsons on any of these dates—I know him by sight—I saw him and his van when he was arrested in January; the name on the ran he drives is Samuel Mason, Covent Garden—it is a onehorse open van—the value of these sacks of nuts is about 45s. each.
Cross-examined by Lee. On the first occasion you shovelled nuts into the sack and helped to carry them out, and on another occasion you helped to carry out all five sacks—I did not know but that you were working for the firm—you have had £150 worth of things in your charge when you worked for us.
WILLIAM BUCK . I am a tea-blender at Messrs. Hanson's—somewhere about Christmas, I cannot tell the date, I was on the ground floor, and saw Lee going downstairs towards the cellar; that was all I saw of him—I saw him on one or two occasions—it was between two and three p.m.—Lee was with Murphy and another man—Murphy was downstairs—I could see into the cellar from where I was—I knew these men before—on another Occasion at the latter end of December I saw Lee coming upstairs with a bag of nuts on his back—I did not see where he took them to; I did not go outside.
Cross-examined by Zee. You did not speak to me when I saw you at Arthur Street.
FRANK LAMB . I am a salesman in Messrs. Hanson's employment—in December last Lee, Murphy, and Collins had no business on our Arthur Street premises, and no right to take nuts from there; they were not in our service at Christmas last—the value of five sacks of nuts would be about £10.
Cross-examined by MR. FRITH. On Tuesday, 24th January, Parsons came to the Police-station, and complained of the loss of his van—he said he had left it for about half an hour, while he went to get a glass of beer, and go to the w. c.—the van was standing at that time at the Station door in possession of the police—there have not been many complaints of empty vans having been taken—there have been complaints, but not recently—it is not uncommon for vans full of goods to be taken.
Re-examined. Parsons' van was found outside Messrs. Hanson's, 6, Arthur Street West, unattended, in the afternoon—that same day Collins was given into custody, and charged at the station with stealing almonds from Messrs. Hanson—he was brought to the station at the same time as Parsons' van—it was empty when it arrived—Parsons was detained.
Witnesses for Parsons' Defence.
CORNELIUS MURPHY (The prisoner). I have pleaded guilty to stealing these nuts on 14th and 23rd December—Parsons is a perfect stranger to me; I never saw him at all—we had no carman to take these nuts; there was a greengrocer's cart outside—Parsons was not there.
Cross-examined by Lee. I only saw you once, and that was on the 23rd—it was two or three days before Christmas, and we were both drunk—we were walking in the street—I have only pleaded guilty to one charge—you were with me on one occasion, and also Collins.
By the COURT. Lee was with me at Hanson's when we took the nuts.
Cross-examined by MR. GILL. That was the 23rd December—Collins, who was with us, is called Dutchy—he has a brother who was charged on
24th January; I heard about it two or three days afterwards—I never heard Parson's name in connection with the matter; it did not come to my knowledge till to-day that his cart was outside on 24th January—we had a costermonger's pony cart—a perfect stranger, whom I never saw before or since, drove it—he appeared on the spot; he was there waiting outside—I had never arranged with him to come there, but when I came out with the nut 9 there he was—I do not know his name—he came to the public-house next door with us, and then he drove off alone, and we never saw him or the nuts afterwards—we did not know his name or address; we were too drunk to know anything—I took nuts on one occasion—I only meant to plead guilty to the 23rd; I hardly understood what was said—I had no intention of stealing—I did not speak to the man outside; Collins did—to the best of my "belief Collins brought the man who drove the costermonger's barrow—I lot the man take the nuts away.
THOMAS MASON . I am a proprietor of vans—I carry on business in Covent Garden Market—Parsons has been in my employment for eighteen months—during the whole time I have known him he has been honest and respectable; I have known him for a good many years—before he came to me he was in the employment of the Great Western Railway, I believe—he bears an excellent character—I took him back into my employment when he came out on bail, and I should be willing if he were acquitted to take him back into my employment—I and my brother keep in a book the routes of our carmen each day—on 14th December I find that Parsons went to the London Docks, and took fourteen cases of limes to Smith; then he took a load from Covent Garden to Kentish Town, and then a load from the City to Blackfriars Station, and four cases to Ludgate Circus; those four cases most probably he took from Covent Garden; it does not state.
Cross-examined. I could not say the time the journeys would take; he would be in the City in the afternoon I should think—he would have no business to allow my cart to be used for other than my business.
Re-examined. To go to Kentish Town and back would be a good long journey.
By the COURT. The prisoner drove a one-horse, four-wheeled, open van with my name on it—no one could mistake it for a costermonger's barrow—the book does not show what hour the prisoner went to work on 14th December—his first journey was to the docks to fetch goods; he could not get into the docks before nine; probably he would be ready to go in as soon as the gates were open—he would load and come back to Covent Garden; it would take him about an hour to come back, and an hour or two or three hours to load—if he did not come back in four hours I should question him; I did not question him—an hour is about the time he would take to load—he ought to have been back about eleven or twelve—he loaded onions at Covent Garden, and took them to Kentish Town; it would take him about an hour to unload and load again, and about an hour to take them to Kentish Town—he came back empty, and went to fetch goods from the City and take them to Blackfriars Station—most probably he would not go from Kentish Town direct to the City, but would come back to Covent Garden if he had not got his orders; I cannot say if he had his orders—we do not always know in the morning
what our carmen have to do—if he had his orders he would go direct from Kentish Town to the City.
Two witnesses deposed to Parsons' good character.
Lee, in his defence, stated that he
PLEADED GUILTY to attempting to steal nuts on the 24th, but that they had not stolen any.
GUILTY.—The JURY recommended Parsons to mercy on account of his previous good character.
MR. A. GILL Prosecuted.
FREDERICK RUSSELL . I was in the employ of Messrs. Hanson in January, looking after the men—on 24th, about two, I went to the door; there was no knock—I saw four men in a van—Parsons was the carman, and Lee and Collins were two of them—two got out, and stood by a public-house—Collins took off his coat, and put it on a dirt sack—Parsons remained in the van; the others went into the cellar, and I don't know what became of them—the cellar was open.
HENRY SAWYER . I am in Messrs. Hanson's employ—on 24th January, about two, I went to the cellar where the nuts are stored—about half-past two I received a communication from Russell—there was an opening, and a ladder down to the cellar—I went part of the way down the ladder, and saw Collins at the bottom of the ladder putting a bale of almonds on Lee's back; it had been removed about twenty yards—I unfastened the cellar flap, shut it down, fastened it, and left Buck on it, and went for the police—Parsons was then standing at his horse's head—I sent for the manager; a constable came, and I gave Lee and Collins in charge as they came up from the cellar—I went to see the green fruit manager, and when I came back, Parsons was still by his van, but when he saw the others were taken, he ran away—there were two policemen in uniform with them—the van was left unattended—Collins' brother has been employed there, but not Collins or Parsons.
HENRY CAREY (City Policeman 679). Collins and Lee were given into my custody—I asked what they were doing—Lee said, "I went for a bag of almonds"—the van was brought to the Station, and Parsons came there about three-quarters of an hour afterwards—he said that he had been to get a glass of ale, and somebody had taken his horse and van away—he was detained.
Cross-examined by Lee. I have known you ten or twelve years as a hardworking man—all I know of you is in your favour—you have had £150 worth of goods entrusted to you, and you have always delivered them.
Lee's defence. The cellar flap is always left open, and another door; there are two or three hundred men, and anyone is liable to go in.
Collins's defence. I was with Lee drinking, two or three days, and it took effect on me. This is the first time I have ever been in trouble.
Lee then PLEADED GUILTY to a conviction at Bow Street on 16th July, 1892. LEE— Twelve Months' Hard Labour. COLLINS— Three Months' Hard Labour. PARSONS, recommended to mercy by the JURY — Nine Months' Hard Labour. MURPHY— Five Months' Hard Labour.
MR. LAWLESS Prosecuted, and MR. GEOGHEGAN Defended.
During the progress of the case, upon the prisoner stating that he desired to withdraw his plea of not guilty and to plead guilty, the JURY returned a verdict of
GUILTY .— Six Weeks' Hard Labour.
THIRD COURT—Friday and Saturday, and
OLD COURT—Tuesday and Wednesday, February 10th, 11th, 14th, and 15th, 1893.
Before Mr. Common Serjeant.
278. CHARLES HARTMANN, ANTHONY JOSEPH SCHNEIDER, GEORGE HALL, WILLIAM RICHARDSON (40), EDWARD COOK, JOHN FREDERICK WHITE (43), DONALD STEWART (50), and JOHN ALEXANDER GARLAND (36) Unlawfully conspiring to defraud Taylor's Patent Bottling Company. Other Counts, for obtaining whisky, stoat, champagne, and brandy by false pretences.
MESSRS. BODKIN and HEWITT Prosecuted; MR. OVEREND appeared for Hartmann; MESSRS. BURNIE and KEELING for Schneider; MESSRS. HUTTON and BRUCE for Hall; MR. PURCELL for Richardson; MR. "BIRON for Stewart; and MR. HORTIN for Garland.
WILLIAM FREDERICK EGGLETON . I live at 7, Napier Terrace, Islington—in March, 1892,1 was stores manager to C. M. Taylor's Patent Bottling Company, Limited, 62 and 63, King William Street—Bullock was a traveller in the same employment—in March he introduced Mr. Dixon to me at the cellars—afterwards in March Dixon came to the cellars with Hartmann, who he said was a responsible respectable man carrying on a large business as a baker in the Hackney Road—Hartmann heard what was said—Dixon said he would be a good customer—some whisky was tasted, and on 23rd March an order was given for a dozen of it to be sent to Hartmann—on April 11th Hartmann gave a further order for whisky, £2 2s.; that was executed—on March 30th he called, and gave an order for beer, 10s. 6d., which was also executed—I can't say if after the first time he came with Dixon—on April 7th Hartmann came with Schneider, who he said was a confectioner and caterer in the Dawes Road, Fulham—Schneider said he had known Hartmann for some time; they had been good friends—Schneider gave an order for champagne and whisky, amounting to £2 4s.—Schneider said he wanted it for a boating party up the river—the order was executed—after the goods were sent I received this letter (This was headed Imperial Bakery Company, 103, Dawes Road, April 14th, and requested them to forward a case of the champagne, which Bullock had mentioned, and a dozen whisky, as a large party had to be ca'ered for on Thursday, signed SCHNEIDER)—I sent those goods—I received this
letter, with the same heading (This stated that Schneider did not know Collier, nor had he introduced him; that the only two gentlemen hi had recommended to Taylor's firm were Pemberton and Cook; that he should forward the money for his account at the end of the month, and that he should like a dozen of whisky and other goods)—we sent goods to Collier, of Harwood Road, Fulham, which were never paid for, and Bullock had written to Schneider about him—the goods were sent to him—I received this letter of 19th (Stating that he found Collier was living at Harwood Road, but he could not see him personally, and ordering two dozen of champagne and a price list)—on June 8th I received a letter ordering two cases of champagne—I sent the two cases of champagne to Schneider on 9th—we wrote to him, and got this letter of June 11th, stating, "We are not able to send your account as promised"—before 23rd June Mr. Bullock called on Schneider, and made a communication afterwards; I never went myself—I received this letter of 23rd June from Schneider (Stating that he would attend to the matter as soon as possible)—when Hartmann introduced Schneider I believed he was carrying on a genuine business at 103, Dawes Road, as a baker and confectioner, and that he was the Imperial Bakery Company, and that he had orders for the whisky and wine he ordered, to be used for boating parties and the purposes of his business—on April 4th Hartmann came with Hall, whom he introduced as a baker and confectioner in a large way of business, at 89, Liverpool Road, Islington—Hall ordered a dozen of whisky, which was sent to his address—on 10th May we received this letter from Hall (Stating that the wine and spirits had been received, and ordering siz dozen Bats and a case of champagne, pints)—the Bass was sent from our Dean Street Beer Stores—on 1st June I received this letter from Hall (Ordering a case of whisky and a case of brandy)—those goods were sent—on 8th June I received this letter from Hall (Ordering a case of brandy and a case of whisky, and asking for a full statement of his account)—those goods were sent, and also three cases of champagne (required for Ascot) on 14th June—the total value of the goods sent to Hall is £22 3s.—we received this letter of 22nd June and telegram of 23rd June (Ordering whisky, brandy, and champagne)—we did not send those goods—on 28th June and 14th July we received letters asking us to execute these last orders; we took no notice of those letters, and forwarded no more goods to Hall—when we first supplied goods to Hall we believed he was a baker and confectioner in a large way of business at 89, Liverpool Road, and we continued to believe that during the time we were supplying him—some time after the goods had been delivered I went to 89, Liverpool Road, and found it was a private house; I called for the account twice, I think—on or about 24th May Hall came with Richardson, and said Richardson was a baker and confectioner, of 115, Dalston Lane—Richardson ordered a dozen of whisky, which was sent to him—on 16th June Richardson came to the cellars and paid £2 2s. for it, and gave another order amounting to £16 17s. for wines and spirits, which were sent to him at 115, Dalston Lane—nothing more was supplied to him—I believed the statement about his being a confectioner in a large way of business at 115, Ralston Lane—about 23rd June I received this letter with the printed heading, "From W. Richardson, wholesale bedding manufacturer, etc., 115, Dalston Lane," and ordering a case of whisky—up to that time
we had no idea he was a wholesale bedding manufacturer; I think I took the letter to Mr. Taylor—the goods were not supplied—about 8th of May I received this letter from Pemberton, of 4, Redclyffe Road, Kensington, ordering whisky and champagne, which we sent—Schneider introduced Pemberton to me before 8th May, saying that he was a man of means and position—from time to time we supplied Pemberton with £18 9s. 6d. worth of goods, none of which he paid for—I saw him at our place with Garland—I next saw him at Westminster Police-court on a charge of forgery, I believe—I had this letter, dated 10th May, from Edward A. Cook, headed Gunterstone Road, Kensington (This stated that he had tasted their whisky while on a visit to Schneider, and that he should like sample eases of Irish and Scotch whisky and champagne sent to him)—those goods, amounting to £6, were sent to Gunterstone Road—Cook never came to our place—I received this letter from White (Headed Beauclerc House, 39, Chapter Road, and ordering a case of whisky), and on May 13th I sent a case to that address—I did not see White till I saw him at the Court—on May 27th I sent another dozen of whisky to White—on 2nd June White wrote this letter ordering whisky, brandy, and champagne—those goods were not sent—he' had been written to about payment, I believe, before that—the total goods supplied to him were to the amount of £4 4s.; that is ail unpaid; he paid nothing—on 28th April we had this letter from Dr. Ross, 24, Uverdale Road, S. W., asking for a dozen of whisky, which was forwarded, and on 10th May he wrote asking for two dozen of whisky, which was sent on 1 8th—on 23rd May he ordered two dozen; and there is another order for two dozen of brandy—those last goods were not sent—on 6th May we received this letter from Stewart (This stated that Dr. Ross had given him tern whisky, and recommended Taylor's Company, and ordered a dozen of whisky end some champagne. It added that Dr. Boss had been attending his wife; and that if the bill was sent he would remit if he was not in)—we sent the goods and the bill; he did not remit—on May 7th we received this letter from Stewart (Stating that he did not like the brandy nor the price, and that he was going out of town)—I did not see stewart till he was at the Police-court—Bullock saw him—we received this letter from Stewart, headed 5, Lancester Place, Margate (This stated that he had never received any account; that he imagined his debt was about £11, and that he should like more whisky and champagne to be sent)—that was in July—he had a, bill on June 8th for whisky and champagne; we sent no more after receiving his letter because at that. time we had received information about Ross and Stewart—we received this letter from Stewart (This stated that as he said in his letter he would square up on his return to town, they might have sent his last order)—the last goods we sent him was on June 8th, when we sent him two cases of champagne and one dozen whisky in answer to his letter of June 8th—that would make up his bill to £4 4s.—we received a telegram, "Wine and whisky advised three days ago not received.—STEWART, Margate"—early in June Pemberton and Garland came to the cellars, and Pemberton introduced Garland as a man of means and position who lived at Princes Road, Kilburn—he did not say what he was—Bullock was there then—on June 4th wine to the amount of £2 16s. 6d. was sent to Garland—I only saw Garland once afterwards, and that was after the prosecution was started,
in the Police-court—he came to the cellars and wanted to pay; it was before his arrest—acting under Mr. Button's, our solicitor's, advice we did not receive the money he offered—I remember Garland taking some goods away in a cab—I cannot remember when that was-we followed our rule in all these case of sending invoices with the goods—when we get an order from a person we do not know, we make a note of the person introducing—I believed the statements about Garland being a respectable man and a man of means.
Cross-examined by MR. OVEREND. We never make a note of what a person says when giving an order—I depend on my memory—most of our orders do not come from Bullock; we had four or five travellers—I believe Bullock was best known to Mr. Taylor, the managing director—if an introduction came through Bullock we should accept it—I have seen Dixon once or twice; I did not know him personally—I first knew Dixon on March 23rd, 1892, or a little before, when Bullock, I believe, brought him to the office—I only knew Dixon a week or two before I knew Hartmann—I think Bullock said something to the effect that Dixon was a highly respectable man—Dixon gave no order and obtained no goods—I cannot say if Dixon came in with Hartmann when Hartmann first came—Hartmann came there with Bullock first—I daresay Bullock, Hartmann, and Dixon were all together the first time Hartmann visited us—Bullock did not introduce Hartmann to me in Dixon's presence; they were all three together—Dixon said in Bullock's presence that Hartmann was carrying On a large business as a baker in Hackney Road—the conversation and order were on 23rd March—I cannot swear that was the first time I saw Hartmann there—on 30th March the order was given, but I cannot remember whether Hartmann or Bullock gave it—the next order was on 7th April, by the order-book; I do not know by anything else—he came with Schneider on the day the order appears in my book—I don't know if Dixon or Bullock were present when Hartmann said that Schneider was in a large way of business—Hartmann also introduced Barrow and Hall—I can swear he introduced Hall—at the Police-court I was speaking from memory when I said, "I do not know who introduced Hall," but now having the book before me in which we put down the introducer of a customer I say it was Hartmann—our credit is one or two months, never more than three—we have no printed regulations to that effect, but we have instructions from Mr. Taylor not to give more—that rule was never broken, but people used to take longer than three months—when Hartmann ordered goods three months should have been mentioned—I cannot say who mentioned it—nothing is said on the invoice about it—our company has been twice in liquidation—in May it went into liquidation before reconstruction—I cannot say if the three months' credit to Hartmann had then expired—his account was sent in, the last time through Harper, of Trinity Square, accountants, who had all the accounts to collect—they applied to Hartmann, who called on us after this case had started, I believe—he said he had a letter from some solicitors about his account, and he was going to see them—this was before his arrest; but some of the prisoners were in custody at the time—he did not call in May and say he had received a letter from a solicitor asking for payment; it was a
day or two after the proceedings commenced in November—he did not offer to pay the account, but said he was going to the collector about it; I might have told him to go there and pay it—that was because I would not accept the amount from him—in some cases we inquire into the credit of persons giving orders—in some cases we inquire through Stubbs; in others we rely on our traveller—as to all these persons, we relied on Bullock, as they were all introduced one from the other, and from the fact that some of them were in business—we supplied the goods in consequence of their being directly or indirectly introduced by Bullock, and we could rely on him—we relied on the statements made by Hartmann about their being bakers, caterers, and so on.
Cross-examined by MR. BURNTE. OUR firm had, and have, every confidence in Bullock as far as I know; it is Mr. Taylor's matter, and has nothing to do with me—I believe I had this order-book when I was cross-examined at the Police-court—it is not in my writing—I might then have said that Dixon introduced Schneider to Hartmann—I did not say that Dixon was a respectable man, and that I had every confidence in him; Bullock introduced him as a respectable man; he did not become a customer; he had nothing to do with me, and was a stranger to me before he came to the place—we should have confidence in everybody Bullock introduced—I think we made no inquiries before supplying goods to Schneider, and I did not tell Schneider he might have as much credit as he liked; three months might have been mentioned—I do not distinctly remember credit being mentioned; Bullock may have done so.
Cross-examined by MR. BRUCE. I think Hartmann introduced Hall before 4th April, because the goods were sent out on that date—Hall was introduced to me personally, and when he told me he was a baker and confectioner Hall would not be more than a yard away—Hall paid about £2 at the end of a month—he has not paid another £4 to me—it anyone came to pay, I or Mr. Taylor would receive it; money could not be paid without my knowing of it—it would appear in the books—there is no record of any payment by Hall other than the £2—I and Bullock have called at Hall's—to whomever money was paid it would be entered in the books of the firm, and a receipt given, if the collector did not put the money into his own pocket—I do not think Hall sent several letters asking for his account to be sent—I will not swear he did not—I called for the money myself on my way home—I am sure Hall introduced Richardson; he came with him on some occasion; whether it was the date of the first order or not I do not know—I said at the Police-court, from memory, that Hall came with Hartmann, but now that I have seen the book I have altered my statement—if this book had not been there I should not have been able to say who introduced Hall, but I heard the introduction—I am positive now that Hall was the person who came with Richardson, and said, "This is a baker and confectioner, of 115, Dalston Lane"—if Hall returned empty bottles they went to the beer stores.
Cross-examined by MR. PURCELL. It is usual when customers come and give an order to ask them to take a little refreshment—if any directors were downstairs they would have a glass—I took very little—I am sure Richardson did not come by himself when I first saw him—I swore before the Magistrate that Richardson introduced Hall, and said I could find out definitely—an entry was made as to the introducer of Richard-son
—Mr. Bullock made the entries in the book from which I have refreshed my memory—I could not say if Bullock was in the cellar when Richardson first came—Bullock would make the entry from what I told him, or he told me, or from what I heard—I have no recollection of the date when Richardson was introduced, if anybody did introduce him—I don't remember it I said that Richardson was introduced by Hall—in addition to the book I have spoken of, there is another book, which I keep myself, in which are notes of introductions; it is the rough order-book—I get the information from what I have heard and seen—when I told the Magistrate that I had made no entry about Richardson, that was referring to trade; there are some entries—Richardson had whisky to drink on the first occasion before he ordered any—after a month he called, and paid for his first order—he might hare had 2s. discount—no doubt he had something to drink—I don't think I asked him for an order; I might have done so—he ordered more whisky—I did not then say, "Let us have a bottle of champagne"—I did not open one—I was not there all the time—some of the directors were in the cellar—I remember the occasion; I went upstairs—Bullock did not say in my presence, "We had better have another bottle"—it was not suggested to Richardson after two bottles, "You had better have a case of champagne"—we did not send on the champagne to him without express orders—I was not there when a bottle of champagne was opened—I booked the order, and took it from Bullock, no doubt—the order of 22nd June appears to be the only written order from Richardson—his total indebtedness was £16 17s.—the value of the whisky in the written order is two guineas, and the rest of the order was verbal, given at the time I have been cross-examined about—that was the only transaction I had with him.
Cross-examined by Cook. We sent the account to your address, Gunter-stone Terrace, where the goods were sent.
Cross-examined by White. I only connect your name with Dr. Boss by the entry in Bullock's book—there was a letter which is lost—we cannot produce a copy—I have no knowledge about it myself—your total indebtedness is four guineas; you paid nothing.
Cross-examined by MR. BIRON. When we first heard from Boss we knew nothing about him; he was introduced to us by Schneider, I believe—I don't think any inquiries were made about Ross—the first letter Stewart wrote mentioned no other name—up to 5th May we had only sent one order to Boss, and we had not been paid for it—the goods in Stewart's first order were sent directly to him on receipt of his letter; that would be usual—we sent a bill when we sent the goods; it would be sure to go—I swear a bill went with Stewart's first order to Suffolk Street—that is the custom of business—Bullock answered Stewart's letter of 5th May, and then the letter of 7th May was received, and on that the champagne was sent—the goods were sent to St. Pancras, and the invoice would be sent by post to Suffolk Street—Stewart did not have the interview with, me—the third lot was sent to him after the letter asking us to let him have his account at once—the goods were sent and the invoice with them—when we wrote about a new rule, we had no new rule as to credit, only we did not want to increase the amount of outstanding accounts—the business was reconstructed in May to get a large increase of capital I suppose—I and others were not over anxious to get names
on our books, and a good show of customers—I was paid by salary, not by commission—our credit was three months—I don't know about other firms—three months means that after three months we try to get our money; up to three months, we do nothing to recover our money—if people asked for three months' credit, and they were good people, we gave it to them—I swore the information on which the warrants were granted—I gave the information to a solicitor—I read it and afterwards swore it—I relied on my recollection and on the particulars in our books.
Cross-examined by MR. HORTIN. From the ledger I see that Garland came with Pemberton to the cellars on 4th June, and that, to the best of my knowledge, was the first time I saw Garland—Pemberton introduced him as a man of means and position—I should think I had seen Pemberton previously; I could not say—on one occasion I said at the Police-court that I knew Pemberton through Garland; that was a mistake, and is not true—I swore that they called on 12th April; that is a mistake—three months' credit was given to Garland—the statement was sent in at the end of September, when the credit had expired—I and Bullock were present when Garland and Pemberton came to the cellars; I think Mr. Taylor was sure to be there—most likely Bullock took Garland's order—they were sure to have some refreshment—I cannot remember whether Bullock introduced Garland—I do not know that Mr. Taylor asked for a reference—I made no inquiries about Garland—when the prosecution was on Garland showed me a letter, from which I saw that he had been for nineteen years in the London and North-Western Railway Company's service, and had retired on a pension of £35 a year—I did not know that he was at Messrs. Potter and Sons, in Aldersgate Street—I have no recollection of seeing Garland after 4th June—I heard that he and Pemberton called about 8th August, and that they were intoxicated—I was laid up and was not there—they refused to serve them on that day, and would not take an order—I do not know that Bullock took the order, and that Taylor refused to serve—sometimes the ledger is posted by one person, sometimes by another—I see the words in the writing of Mason, a director, "Will pay on 29th September," against Garland's account—I cannot say if Garland called on 29th September; he called later than that about paying, because the case had started and we were told to take no money from him; I had just returned from Mr. Dutton's, and remember it well—I gave Mr. Dutton my evidence—I saw Garland when I came from Mr. Dutton—he gave a card with the name of Letts and Co., the diary publishers, and said he had a situation there then—it was after the Police-court proceedings—I might have said I would sneak to Mr. Taylor about it; I said nothing about writing or letting him know—he did not tell me his address—I told him we could not receive the money, and told him the reason—this was not before the information was sworn—if I had known he was in a situation at Potter's, and had a pension of £35 a year, I should not have trusted him for as much as £9 15s.—until after the information was sworn no inquiry was made about his means.
Cross-examined by MR. HUTTON. I did not see the empty bottles being sent back by Hall—they were principally beer bottles, and I don't know if they were credited to him.
Re-examined. I went to Taylor's in October, 1891, soon after it started—I have no doubt about Hartmann, or Schneider, who came with him
once—I recognise Hall as coming with Richardson and Hartmann—I only saw Stewart at the Police-court—Garland I saw with Pemberton—goods were not sent out without a reference except when a reference was not thought necessary—we had no reference with Schneider—he came with Hartmann—Hall was introduced by Hartmann—we had no reason then to doubt Hartmann's position, and when Hall brought Richardson we had no reason to doubt Hall's position—when Stewart first came Boss was a customer on our books—Boss was introduced by Dixon, who we believed to be a thoroughly respectable person; we believed what Bullock said—Bullock kept these ledgers; the entries as to the introducers are written in them—I made entries in this rough order book of the introducers—some inquiries were made of Stubbs, but I could not say in which cases—the statements made by the defendants influenced my mind in parting with the goods—I thought they were respectable tradesmen in every case—if Mr. Bullock had not been in the matter at all, and the statements had been purely those I heard, I should not have parted with the goods—the matter was placed in the hands of Mr. Dutton to collect the debts, and he made certain inquiries—I swore the information on 5th November—some of the prisoners were arrested at one time, some at another—before Garland came I had been in Court when evidence was given against the first arrested of these prisoners.
HENRY BULLOCK . I live at 39, Grayland Road, Peckham—from November, 1891, until the end of September, 1892, I was traveller on commission to Taylor's Patent Bottling Company—in 1892 Dixon came to the cellars by himself, and we had a conversation—on the next occasion he came with Hartmann, whom he introduced as a friend of his, and as a baker and confectioner in the Hackney Road—I was given to understand that he was a respectable tradesman—Eggleton was in the office and came into the cellars at the time, I believe—to the best of my belief, Hartmann and Dixon spoke to him—I was not as deaf then as I am now; I have been deaf for some years, but I have been rather worse lately from a severe cold—I kept a little memorandum book in which I entered orders that I received—I see by it that it was on 23rd March, 1892, when Hartmann and Dixon came—Hartmann tasted whisky, and gave me an order for a dozen and for three dozen stout—I have also a memorandum of Dixon having introduced him—when I do not know the customers I generally put down the name of the introducer—Hartmann called again on the 4th April, when he introduced Hall—they both tasted whisky, and Hall gave an order for a dozen—he was introduced as a friend of Hartmann by Hartmann and Dixon—I was given to understand that he was a private individual—nothing was said as to what he was—Eggleton was about in the office—I believe Hartmann and Hall spoke to him; I don't know what was said—I have an entry of the order for the whisky for Hall, 89, Liverpool Road—on 7th April Hartmann called with Schneider, and introduced him as being a refreshment contractor, baker, and confectioner in Dawes Road, Fulham—Schneider tasted whisky and ordered some—I have the entry: "7-4-92.—A. J. Schneider, 103, Dawes Road, Fulham, one dozen No.1 Scotch, 40s.; three dozen stout, and half a dozen Killbeggan whisky, "and than "Hartmann one dozen Killbeggan whisky, 40s."—that was an order which Hartmann gave that day—I have no note about Schneider's introduction, but the two being together,
and both giving an order, I have got them in that way—I presume they spoke to Eggleton on that occasion—generally speaking Eggleton saw anybody who came to the office—I did not keep the books, but only made entries as to what was ordered—Hartmann called in several times—that was the last order we had from him—I next saw Schneider on 2nd April, when he introduced Pemberton as a private gentleman, a friend of his, and a respectable man, living at 14, Radclyfe Road, South Kensington—Pemberton ordered whisky, champagne, port, claret, and beer—that order came to between £12 and £13—I believe he spoke to Eggleton—I do not remember seeing Schneider again at the cellars—Pemberton called again on 9th May; I have an order from him, which I believe he gave at the office—he was alone then—the order was for whisky and champagne, and came to about £5—on 6th May Hall called, and paid for the first whisky he had had, amounting to £2, and he then gave a further order, which I have booked, for two dozen pints of champagne, a case of brandy, two dozen whisky, and six dozen Bass—that came to between £10 and £11—I do not put the introducer against a person's name after the first visit—on 10th May we received an order by post from Hall for one case of champagne, 41s.—on 18th May we had an order by post from Schneider—on 7th May Stewart called—he had previously written, giving an order, and stating that he was introduced by Dr. Ross—when he called he ordered goods to be sent to the cloak-room at St. Pancras Station, to be called for—he saw two or three of us at the cellars; he was speaking "more to my principal, Mr. Taylor, or one of the directors saw him—the goods to be sent to St. Pancras came to about £2 10s.—on 23rd May Richardson came, I believe, with Hall—I have him down as introduced by Hall—I understood him to be Hall's private friend—I can't remember now exactly what was said, but I understood that he was not in business, but was respectable and trustworthy—he gave an order for one dozen of whisky—on 31st May I have it down that Garland was brought by Pemberton, who introduced him as being a friend of his, and a respectable man, and I was given to understand that he had been in the service of a railway company, and was pensioned off—Garland gave the address, 27, Princes Road, Kilburn, and he gave an order for whisky, champagne, and brandy, amounting to £8 15s. 6d.—about two days afterwards Pemberton called and took away two bottles of brandy and a bottle of port—when Pemberton and Garland came together on the 31st May they went away in a cab, taking champagne, two bottles of brandy, and a bottle of whisky with them—on 16th June Richardson called alone, and paid me £2 for his first lot, and then gave a further order for whisky, brandy, and champagne, coming to £16 17s.—I think it must have been in August when Pemberton and Garland came again, I have no date—they tasted whisky, and Garland gave another order, which was not executed; it would have come to £7 or £8—Garland called again some little time after Pemberton's arrest for the forgery, or some case that he was arrested for; it would be about the end of August or September—he then promised to pay for what he owed on 29th September when he drew his money; the three months' credit had then expired—this pencil memorandum in my book, "Pay on 29th September," was probably made by Eggleton—Eggleton said something to me, in conesquence
of which I went to Schneider's house, 103, Dawes Road—I found the shop closed, and the windows whitened all over; that would be in June—I saw a female there, who I presumed was Mrs. Schneider—I then went to Hartmann's, 178, Camberwell Road, a baker's shop and post-office—I told him about Schneider's place—he expressed surprise, as he believed he was doing business—he said he had known him for some years, and he always believed him to be a respectable man; that he believed he had had an oven built there—later in the month I went to Richardson's in Dalston Lane; it was a private house, with no appear-ance of a bakery business; it was a kind of semi-detached villa—there was no appearance of a wholesale bedding manufactory being carried on there—I called at Hall's, 89, Liverpool Road—it was a private house, with no appearance of. a bakery or anything—neither Hall nor Richardson were at home when I called on them—these entries in these two books are in my handwriting—they are memoranda of the persons who introduced the various customers—in posting up the ledger I put not merely the statement of account, but the person introducing, from my rough book—I met Stewart in the Bay-tree Tavern, St. Swithin's Lane, and I asked him if he knew where Dr. Ross lived—he said he did not—when Schneider called on the 7th May and asked for the goods to be sent to St. Pancras, he said he was going down to his wife, who was ill at Manchester—he gave no address then—he afterwards gave an address by letter, which a friend of his left—in consequence of that letter the goods were sent to St. Pancras on Friday—the address at Manchester was 21, Akers Street—the order was for a case of champagne (pints), 42s., and a case of whisky, 42s.—I did not know the name of the friend.
Cross-examined by MR. OVEREND. I had confidence in any introduction of Dixon, whom I had known as a respectable man for five years—I was satisfied with him, and nothing was said about a reference for Hartmann—I don't think anything was said about the terms of credit; I could not swear to having stated any particular time—I cannot swear that nothing was said about credit—the terms of the firm were three months—I never made special terms—my commission was 10 per cent on whisky and 5 percent, on champagne—I received no exceptional terms for selling to Hartmann—I became intimate with Hartmann, and used to call of my own free will at his shop in the Camberwell Road—I did not press him for orders—I had no reason for believing Hartmann was anything but a respectable man until these proceedings—in July I called on him to borrow some money for my own private use, not for the firm—he lent me 10s.—it was not my duty to collect accounts—I don't remember asking for something on account of what he owed to the firm—he did not write saying he had paid it to the firm—I had no letter from him about the 10s.—he called at the office and mentioned the 10s. to Mr. Eggleton, who told me that Hartmann had called to pay the account, and wanted to deduct the 10s.—I then wrote to Hartmann—I did not repay the 10s. I borrowed; it is still owing—I have had no communication with him since these proceedings.
Cross-examined by MR. BURNIE. I now believe Dixon to be a thoroughly respectable man—when Schneider first came Dixon and Hartmann were both there—they drank whisky, I believe—some customers have three or four glasses, but it is very rarely
more than two—in my book I have Hartmann and Schneider down—if two introducers come I might only put down one—no introducer is written against Schneider, but Hartmanns order follows Schneider's, and I remember their calling together—we did a good deal of business—very likely other people were there when Schneider came in first—I kept no note of the conversation—I made no inquiry about Schneider, I was only traveller—I relied on Hartmann, who was introduced by Dixon—Pemberton gave an order in Schneider's presence, to the best of my belief—I could not swear that Schneider was present—Schneider and Pemberton had drinks when they came—Schneider introduced Pemberton as a friend and as a respectable man—I won't say that he said more than that he was a private gentleman and his friend—when I went to Hartmann, after finding Schneider's shop not open, he seemed surprised that the business was not going on, and he said as a possible explanation that Schneider was building, or had built, an oven; I could not swear to the exact words—at the time Schneider gave his first order nothing was said about the length of credit, and there was nothing to call his attention to it—some wine merchants give six months' credit, or longer.
Cross-examined by MR. HUTTON. I have no note of the conversation when Hall and Hartmann called on 4th April—the effect of it was that Hall was a private man, not in business—Eggleton was not there the whole of the conversation—this was in the cellar, and Eggleton was in the office at the time, I believe—I heard no conversation between them and Eggleton—when I went to Hall's house I saw a lady, to whom I spoke—I came back and told the firm what I had done—I don't know if tie firm wrote any letter to Hall—I know nothing about the office work.
Cross-examined by MR. PURCELL I believe Richardson came with Hall, because I find his name here—my recollection is that they came together—Richardson gave the Second order verbally when he called and paid the first bill—we invariably ask customers to drink—before Richardson said anything about the other order, I asked him to come downstairs and have a drink—I could not say what he had—no doubt I should ask him for a further order for whisky—I might have asked him to have some champagne, and if I could not find a pint I should open a quart bottle—a director came in and had some of the quart; I only remember having one bottle—I might then have asked Richardson to give an order for champagne—it is my duty to sell the goods—he did not say he did not want to get into debt—I never press customers.
Cross-examined by Cook. I made no inquiries about you at 29, Junc-tion Road—it was not my duty to do so.
Cross-examined by White. On 9 th May we received a letter from you containing an order for a dozen of whisky; it did not mention the name of Ross or any other reference; I wrote in the name of the firm asking who had introduced you—our letter said nothing about the terms of credit; I believe a reply came—I mentioned nothing about length of credit in that letter—no copy was kept of my letter—I believe you referred to Dr. Ross having introduced you—I feel pretty confident I wrote asking for a reference—many of my letters were not copied; I would not say for certain that I wrote such a letter—all letters written to me on business were handed into the office, and became the property of the office, and I presume they would keep them'; they would be put
on a file—I cannot produce any document from you giving a reference (MR. BODKIN stated that search had been made for the letter, and it could not be found)—the name of Ross is in the book against your order—I cannot explain how it got there, unless I had a letter from you—under the name Ross in the book is a query, which was put at one time to know who was the introducer, and the Dr. Ross was written at another time—it might be that the "Dr. Ross?" was put because we were not sure who had introduced you, and it was thought it might be Dr. Ross.
Cross-examined by MR. BIRON. I was a friend of one of the directors of Taylor's Bottling Company; that was how I became traveller to them—I don't think I was given a freer hand that otherwise I should have had—cash in three months was the firm's credit—I was paid by commission, and occasionally I had my expenses—my commission was made up from the orders—if my commission had been paid on an account that was not paid I should have had to refund it, but there was always a balance of my commission never paid up, and so it could be deducted from the balance—the question of reference was not left for me—when I booked an order I presumed the firm would make their own inquiries—I left because of the complaint as to the prisoners' accounts, not because of the credit I had given—the firm wanted to say that I did not use proper judgment in trusting the prisoners—I knew nothing of Ross, except that he had given an order which had not been paid—when I went to the house he had gone; that was about June, I suppose—Stewart gave his first order to me; he came alone then—several people were in the cellar, and a general conversation went on—I next saw Stewart at the Bay Tree in October; I never borrowed one shilling of him.
Cross-examined by MR. HORTIN. The firm owes me the balance of my commission; I have never had the commission account made up—I first saw Garland when he called with Pemberton—I first knew Pemberton when Schneider introduced him previously as a private gentleman—I don't know whether the firm made inquiries; I did not—either Garland or Pemberton said that Garland was having a pension from a railway com-pany—they had whisky or something—Garland looked perfectly sober to me—I won't say they did not have four or five whiskies—I could not say they had wine as well—they went away in a cab—I believe Mr. Taylor was down there some time—he was introduced by Pemberton—he did not, to my knowledge, ask Garland for a reference—on the second occasion Garland called he told Taylor he was employed by Potter and Sons—he called in August with Pemberton, and gave an order; when the goods were refused Pemberton pressed for them more particularly than Gar-land—I have no entry of the second order given by Garland and not executed—Mr. Taylor refused to execute the order; he saw Garland—I told Taylor that Garland wanted further goods, which he did not want to pay for till Christmas, as he did not want his September account too heavy, and Taylor said, "Pay your account and you can have further goods"—Garland did not say that he understood Pemberton had com-mission from the firm on the goods—Pemberton got no commission from us; he was a customer—I took no order from Garland on the second occasion; he wanted to give me one, but it was declined until he had paid the other account.
Re-examined. There is no reason for saying that Pemberton was paid commission on orders—the memorandum to the account of White in the ledger I took from my little memorandum book.
W.F. EGGLETON (Re-examined). The entries I made in this rough order-book only refer to Bullock's commission.
CHARLES MACKINTON TAYLOR . I am a director of Taylor's Patent Bottling Company, King William Street—in April, May, June and July I was constantly at the cellars—I have seen Hartmann, Schneider, Garland, Pemberton, and Dr. Ross—Schneider told me he was a caterer and confectioner—I believe he said he catered for parties up the river; he said he could introduce very good accounts—I have had a conver-sation with Pemberton when he was there with Garland; the last affair was in August, when they wanted to take away some whisky, and I said it was not to go unless it was paid for—I think Pemberton said that Garland was his landlord—Pemberton first said he would pay us a cheque for his account if we let Garland have the whisky, and I gave instructions not to let it go unless it was paid for at the time—he said nothing to me—Pemberton pressed me to let Garland have the whisky—I should not have served Pemberton any longer unless he paid his account.
Cross-examined by MR. OVEREND. I cannot say whether Hartmann called to pay his accounts or not—I said at the Police-court that I was the only director who knew anything of the business—there is Hart-mann's order in the order-book; I did not write it; Eggleton would have written it, I should imagine—I assume that the liquidator male application for payment—we make-inquiries through Stubbs as to customers, but I held Bullock mainly responsible for all orders through him—I told him I should hold him responsible for all accounts he introduced—I cannot say if reference was made to Stubbs about Hartmann—Bullock had been in our employment sometime prior to 23rd March—it was under-stood that he should make inquiries; he may not have understood me about it—I did not attend to every detail—we desired to reconstitute our business on as large a scale as possible, and it was to our interest to obtain as many good orders as possible—our capital has been completely subscribed; we did not go to the public at all—when we went into liquidation the ordinary three months' credit of our firm had not expired in Hartmann's case—it was after Pemberton was prosecuted that these accounts were placed in Mr. Dutton's hands, and it came out in that way.
Cross-examined by MR. BURNIE. I don't say we trusted to Bullock entirely—I said, "I trusted to Bullock's word in the case of all the defendants, and it was for Bullock to make inquiries"—I was not actuated by any false pretences made to me personally—our company went into liquidation on 11th May for reconstruction, and in December, 1892, went into a voluntary liquidation again before reconstruction—the business is not being carried on now—our rule on these accounts was one month's credit—the total amount owing us now is about £3,000; a considerable amount of those are credit expired accounts apart from the prisoners'—the prisoners owe us together roughly about £150—I thought Bullock's conduct very reckless generally, apart from the prisoners, and dismissed him.
Cross-examined by MR. BRUCE. I never remember Hall's coming—Bullock,
I think, would open his own letters, but, letters for the firm one of the directors would open—I remember Hall writing for his account.
Cross-examined by MR. BIRON. Bullock obtained his position through being recommended by a director, and we gave him a rather freer hand than we should an ordinary traveller—he was given more discretion than others would have.
Cross-examined by MR. HUTTON. I said very little to Garland—I spoke mostly to Pemberton—Garland did not say that if he had known Pem-berton owed us money he would not have come with him, or that he understood Pemberton had an interest in getting orders.
Re-examined. Pemberton refused to pay us a cheque because we would not let Garland have more whisky—I have no document to show that Hall ever wrote for his account.
EDWARD PITMAN . I am an accountant, of 12, Trinity Square, City—I act on behalf of the Trade Protection Society for London Millers, and on the bankruptcy or insolvency of any baker we should be consulted, and as representing the society we should attend the meeting of creditors—I have known Schneider since 1874—on 20th October, 1879, I was present at a meeting of his creditors; this is the notice sent to the auditors, which I had with me at that meeting, which was held at the offices of John Pattenden Biggenden, 8, Finsbury Square Buildings—Schneider was present—liquidation by arrangement was agreed to—I acted for Mr. Petts, the trustee—the estate was sold to Schneider for 5s. in the pound—I was also present at a meeting of creditors on 28th March, 1883, at Messrs. Young and Son's offices, at which Schneider was present—this is the notice convening the meeting—an offer of 2s. in the pound by instalments was made—the first instalment was paid 11th May, 1883, and the second on 11th June, 1883, I believe—on 9th July, 1892, I was present at a meeting of creditors at Young and Son's offices; Hartmann was there—there was a proposal of 1s. in the pound, but it was not put to the meeting, and nothing was done, as Mr. Waydelin, the mortgagee, said he should foreclose—I think no money was paid in that insolvency.
Cross-examined by MR. OVEREND. I inquired of one or two millers what they thought of Hartmann, and I heard nothing against him except one man, who said he could not get £4 or £5; another one said he paid as well as anyone on their ledger, but that ultimately they had to sue him—I believe he had to call his creditors together because of four judgment summonses.
ALBERT FRANK MELLISH . I am a flour miller at Gears House Yard, Woolwich—about 19th April, 1892, I went to 178, Camber well Road, and had a conversation with Mr. West, the then occupier, who owed me money—I received from him these three bills, at three, five, and seven months, drawn by him, accepted by Hartmann, and endorsed by Dixon—none of those bills were paid—afterwards I went to Hackney Road, and saw Hartmann, and asked him what we were to do about the bills, and he said West would have to find the money.
Cross-examined by MR. OVEREND. The bills were given just before Hartmann began business at Camberwell Road, I think—I did not know that the business proved disastrous, and that he had to meet his creditors in July, or that he had no consideration for accepting those bills—I could not find West—I took no proceedings against Hartmann.
Re-examined. I went to Hartmann after the first bill had matured.
CHARLES FREDERICK WAYDELIN . I am a flour merchant at High Street, Borough—in consequence of some negotiations between me and Henry West, a baker, of 178, Camberwell Road, I came into communication with Hartmann—understood that Hartmann was formerly West's foreman—Hartmann then had a shop at 24, Hackney Road—I was to lend him £350 on the security of the leases of the Camberwell and Hackney Road shops—this is the mortgage deed signed by Hartmann—he went into occupation of both those premises—at the Camberwell Road shop there was a post-office—from March 30th, 1892, till June, 1802, I supplied him with flour up to about £100—I received in payment about £37—I asked for the balance—he said he could not pay—I ceased to supply him with flour—on 9th July he owed me for. the mortgage money and the flour £464 3s. 6d—I put a man into possession in the Camberwell Road shop—Hartmann refused to go unless I gave him £50—I proposed to give him back the lease of the Hackney Road shop if he would go out, and I sold the Camberwell Road shop for £300—he agreed and wont out of possession, and I gave him a receipt for the money owing for the flour I had supplied.
Cross-examined by MR. OVEREND. I was told Hartmann had been in West's employment—I had sold West flour before I knew Hartmann—he was tenant of the premises at the time he sold the business to Hartmann—Hartmann was then carrying on business at Hackney Road—when I advanced £350 on the two leases, I thought the property was good enough security for £500, and Hartmann might also have thought so—at the time I believed him to be respectable; I have reason now to believe he is not a respectable man—when I gave him the receipt to go out, there was an agreement that I should collect moneys, and hand them over to him—I believe about £12 was due; some may have been paid over; it was a small amount—the Camberwell Road business was a good one; two bakers had made enough money there to retire on.
Re-examined. The post-office was still there when he left—I gave a reference for him to the guarantee society, and I gave notice to the Post-office as soon as I found that anything was wrong—if he had succeeded as well as his predecessors had done there would have been no difficulty.
WILLIAM GEORGE BEETLESTONE . I am an officer of the High Court of Justice in Bankruptcy—I produce the file of proceedings in the case of Anthony Joseph Schneider, who was adjudicated bankrupt on 28th February, 1890-his total indebtedness was £376 0s. 3d.; total assets £16 3s. 4d.—there is a list of. unsecured creditors who appear to be millers and flour merchants—I produce the file of proceedings in the case of Donald Stewart, who was adjudicated bankrupt on 21st November, 1891—his gross liabilities were £2,810 15s., assets nil—he has never applied for his discharge, and is still undischarged.
JOHN MARRIOTT . I am an auctioneer and surveyor at 49, St. Mary Abbot's Terrace, Kensington—I have known Schneider since about the end of 1888, when he was a baker at 118, King Street, Hammersmith—I then advanced him £50 on a bill of sale, and on 22nd February, 1889, I advanced him £25 more—on 22nd February, 1890, he soil his business, and I received my money from the purchaser's solicitor—in June, 1890, he went to the Kilmarch Road; he was about to buy the lease, and wanted me to advance him money on it—the lease
was to be taken in the name of Tooting and sold to Schneider—he said if I would lend him more money Mrs. Schneider would put her name and be responsible for all the money that was owing to me—while he was at King Street I had advanced him about £50 on his brother's acceptance—Mrs. Schneider had no money, but Schneider was an undischarged bankrupt—I advanced £218 18s. altogether to Mrs. Schneide r—I got no part of it back.
WILLAM HAMMOND . I live at Oxford Villa, Goldhawk Road, Shepherd's Bush—I am the owner of 17, Kilmarch Road—in June, 1891, I took Mrs. Schneider as a lessee of that house—they occupied it about one and a-half year, I think—the rent was £40; some was paid—they said if I let them off the half-year's rent they would pay a quarter, and at the half-year Mr. Marriott paid it, I believe—after about one and a-half year, in August, they went out, after I had given Schneider £15 to give up possession—I could not get possession without paying that or bringing an action for ejectment—Schneider seemed to have a decent business for the first part of the time he was there, and then he seemed to be lost for want of capital—the name over the door was Schneider and Co.—I saw no company.
GEORGE HENDERSON . I am the landlord of the Anchor beer-house, Broadway, Hammersmith—I have known Schneider for about twelve or fourteen months—in May last year, on coming back to my premises, I found a case of wine, which I had not ordered—I asked Schneider about it, and he said it was left for a Mr. Harris, who was a customer of mine, and he had projected an excursion, either by road or river—the case remained with me for about a fortnight—Schneider told me he was an agent for a firm in the City for the sale of wines and spirits, and that he had also opened a restaurant at Fulham, and he asked me if I could introduce him to customers—I introduced Mr. Rivett to him, and Mr. Rivett bought the case of champagne—four or five other cases came—I noticed the name of Taylor or Taylor Brothers on them—Mr. Rivett ordered some more cases, and paid for them—I have known Cook for four or five years—I have seen him sitting in my bar where Schneider was sitting; I should not like to say whether I have seen them talking together—they were together as ordinary customers would be.
Cross-examined by MR. BURNIE. When I first knew Schneider he kept a large confectioner's shop in King Street—he used to be with the Conservative Party Parliamentary Registration Committee, who used to meet there.
WILLIAM RIVETT . I live at 320, King Square, Hammersmith, and am an architect—in May last Henderson showed me a bottle of champagne, and in the result I bought six bottles of Schneider; I paid Henderson for them—I gave an order for a dozen of champagne, and paid by cheque—I bought about four other cases of champagne, and paid by cheque—these are my cheques; they are endorsed "A. J. Schneider"—I had some whisky as well as champagne; these are two of the empty whisky bottles; I noticed the name of Taylor on them—they are Kilbeggan and Mackay blends—I lent Schneider a sovereign, which he has not repaid me.
him; he wanted to sell his business, because he was taking another place at Fulham, I believe—I learned afterwards that that was at Dawes Road, Fulham—he said about £350 had been spent on the business—and it was to be sold all at £200—Pemberton was there; he took no part in the conversation—I did not sell the place for him—I went with Schneider to Dawes Road to take particulars for what was required for fitting up the shop and building the oven—Schneider had been in communication with Crook about Building the oven, and I drew up this specification—I saw Crook—this contract note was drawn up and signed by Crook—I got out drawings and specifications for the alterations of the shop, and arranged for Forde to do the work—I asked Schneider how he would pay Forde, and he said the money was all right; his brother was going to finance him—the accepted contract for the alterations and fittings of the shop at 103, Dawes Road, was £140—Forde began the work, and then Crook told me something about Schneider, and I spoke to Forde, who stopped the work—Schneider came and asked me why the work was not going on, and I said I had recommended Forde not to do it—I met him in the Strand, and he asked me if I had got any tiles for sale, or did I know anybody who would buy any—I said no—building the oven was separate from the contract for £140, and was to be about £54, and so much for concreting the floor—tiles would have improved the bakery—I suggested at the first it would be a good thing to let tiles into the walls to let the light down, and make the place clean—it is a very common thing to have a bakery tiled—there was £12 for concreting the floor, and that and the £54 for the oven was a contract with Mr. Crook—Schneider said he wanted to dispose of some of the tiles as he was hard up; that was some time after Forde had stopped work—on 25th May I went with him to Dawes Road, when the contract was signed, and it was seven or eight months after that he said he wanted money for the tiles—Forde had two men working there for two or three days, but with that exception none of the alterations Forde under took to do for £140 were ever carried out—they stopped work early in June, 1891—until the alterations were carried out the tiles would not be necessary—I said to Schneider, "Why do you want to sell the tiles?" and he said, "There are more than I want; I am stone-broke, and I must sell the others"—I never made out my account against Schneider—after I started going to Kilmarch Road, I asked him about paying expenses, and he gave me £1—Pemberton was then with Schneider, and Pemberton had the most to say—he said the money was all right.
Cross-examined by MR. BURNIE. After the alterations were stopped early in June Crook went on with the oven, and it was nearly built—what I heard about Schneider and told Forde was that he was an undischarged bankrupt—Schneider told me he had ordered more tiles than he wanted, as he could not order less than a truck-load—it was stipulated in the lease that he should build the oven, and he was to have the house rent free for a year for doing so—I suggested to him that it would be desirable to have tiles—I believe the tiles were never delivered or put up there.
ROBERT JESSOP . I am a solicitor, of Godliman Street—I act for Mrs. Jessop, the owner of 103, Dawes Road, which was taken on lease by Schneider at £80 a year—I heard something from the estate agents, and asked Schneider to come to my office, and he did so about August, 1892
—I asked him as to the rent in arrear, whether he was prepared to give up possession—he said he could not pay what rent was owing, and that he had no intention of going out unless he was paid for doing so—I think he then owed £20, a quarter's rent—he said after he took the premises an oven was to be put up in the basement, and the premises fitted as a baker's shop, and as against that a receipt for one year's rent was to be given to him—an appointment was made for me to look at the premises with a surveyor, and afterwards he wrote and said he would not permit me to go on the premises at all, that he would not have anyone there—there were further interviews; he asked £20 for going out and then came down to £15, and eventually a writ was issued to get possession, as I did not feel justified in paying—statement of defence was lodged—on 12th December last I got possession by paying him £10, and freeing him from any liability.
GEORGE CROOK . I am an oven-builder, at 36, Shawfield Street Chelsea—in May 1891, I saw Mr. Driscoll, an architect, and went to 103, Dawes Road, where I saw Schneider—he took me to the basement, and said he wanted an oven built—I measured, and gave an estimate for building the oven and concreting the bakehouse floor; it came to about £62 or £63—after seeing Schneider again my contract was accepted—he was to pay me half when half the work was done—I worked on the oven for three weeks, I should think, with two or three men—when I was about half-way through the work, I asked Schneider what he was going to do about half the money, and he said be would send it on. (Mr. Burnie here stated that Schneider would
PLEAD GUILTY to Count 44, charging him with offences under the Debtors' Act and Bankruptcy Act. Schneider, to the hearing of the JURY, then
PLEADED GUILTY to that Count.) HORACE RUSSELL MANSFIELD. I am a tile manufacturer, at Church Gresley, Burton-on-Trent—on 2nd July, 1891, I received this letter from Schneider (This stated that he was erecting a new bakery, and wanted a price list of tiles)—I sent a price list and book of patterns—I had this letter from him (Stating that he had taken new premises at Gunnersbury, and might require tiles for them)—I sent him goods, value £28 12s. 6d—I had further correspondence with him, and sent him goods value £52 7s.—I sent him a bill for his acceptance, and then in consequence of a letter from him I sent him two bill at different dates; I received them back accepted by him—I heard from him that the acceptances would not be provided for—eventually I sent another bill for the whole amount, and Schneider accepted it, and the other bills were returned—the bill was not met—I have received no money in respect of any of the tiles I sent him—I believed he was carrying on a genuine business—I went to 103, Dawes Road, on one occasion; I never saw Schneider till he was at the Police-court.
Cross-examined by MR. BURNIE. The first lot were sent to Hammersmith Station, and the second lot to St. Pancras Station, to Schneider's order—we are wholesale and retail, we would supply one pennyworth of tiles, by the box, cask, tub, cart, or anything—these tiles came in casks.
TIMOTHY DRISCOLL . I am a stonemason—my brother carried on business at 97, Dawes Road, and I was there one day about August, 1891, when Schneider brought a sample of white tiles and asked me to try and sell them for him, as he had another lot coming on, and did not want
these—I agreed to try and sell them—I went to 103, Dawes Road, and found, I think, five casks full of tiles—eventually the tiles were sold to Mr. Hall (not the prisoner) for £18, which I handed to Schneider—early in the transaction he gave me this railway consignment note.
Cross-examined by MR. BRUCE. I delivered six cases to Hall, 89, Liverpool Road; that was all the address.
Cross-examined by MR. BRUCE. I delivered three cases of champagne to G. Hall,89, Liverpool Road—a woman signed the book.
WILLIAM HERMITAGE . I am manager to Mr. Thompson, pawnbroker, of High Street, Kilburn—I have known Garland for twelve months pawning things there—this is the duplicate for nine bottles of whisky, which Garland pledged on 2nd July in, the name of Black—we have known him in both names—I produce one of the nine bottles; it has a patent cork with "Taylor" on it.
Cross-examined by MR. HORTIN. We have the nine bottles still in pledge—the business we did with him before was not in whisky but other articles—we knew him as Garland; I daresay we have changed cheques for him with his name Garland on them—I will not swear we knew him twelve months; it may have, been nine—he always gave his address as 47, Princes Road.
LEWIS WHITING . I am an assistant to W. L. Amhurst, pawnbroker, 199, Edgware Road—on 7th June last a case of ten bottles of whisky was pawned for £1 5s. by two men, one of whom is Garland, who gave the name of J. Black, 30, Fulham Place.
Cross-examined by MR. HORTIN. I said at the Police-court I had a doubt about this being Garland, but I feel certain he is the man—they were flagons—they were redeemed on 9th September by three other men, not by Garland.
MR. HORTIN objected to this evidence as not being relevant to the case. The COMMON SERJEANT considered that it was prejudicial and MR. BODKIN did not press it.
WILLIAM HUSSEY . I live at 23, St. Mary Abbot's Terrace, Kensington and am clerk to my father, a builder—Cook occupied as our tenant three rooms at six shillings a week, at 10, Barker Street, Fulham Road (which is a cul-de-sac) from February 2nd, 1892, to the end of October, 1892—he lived there with his family—on 29th August we levied a distraint for £1 4s., due for rent—we were paid out; I do not know myself from what source the money came—when Cook left on 20th October £6 or £7 were owing—I heard nothing about 29, Gunterstone Road—I understood Cook was an accountant—I do not know whether he went into business anywhere.
Cross-examined by Cook. I am not prepared to swear you did not give
Miss Cook, 29, Gunterstone Road, as a reference—I presume you gave a reference, and we should make inquiries—you may have referred us to Miss Cook.
Cross-examined by MR. HORTIN. He also gave us Mr. Gray, of the Freemasons' Arms, Long Acre, and Mr. Potter, Aldersgate Street—we applied to Mr. Gray, and accepted him as one of the references—Pemberton did not answer our inquiry, and then we had the other references afterwards.
FREDERICK WILLIAM DAVIS . I act as agent for 89, Liverpool Road, Islington, which was let to Mrs. Sarah Whitbread, on 25th March, 1892—I never saw Hall with reference to the letting of that house—I never saw him till he was at the Westminster Police-court—it is a private house in a terrace.
Cross-examined by MR. BRUCE. I did not know that he lived there; I have learnt since that he was there as a lodger.
GEORGE ANDREW GUNTON . I am a divisional surgeon of police, at 28, Limerstone Street—from 12th April, 1892, to May 1st I attended Ross's wife at 24, Uverdale Road, Chelsea—he never paid my fees—I believe a person, who was introduced to me as his sister, was tenant of that house—I addressed him as Mr. Ross; I did not know him as Dr. Ross—he said he was then in the wine trade, but that he had been an unqualified assistant to a practitioner in Shoreditch or somewhere.
Cross-examined by MR. BIRON. He merely said he had been an assistant some years before, and I took it he was unqualified—he did not tell me he had a dispensary in the Balls Pond Road—if he had there would be nothing unusual in his being called '? doctor. "
MR. BODKIN put in the medical register, showing that no Br, Ross had practised at 24, Uverdale Road, in 1892.
THOMAS SIMPSON . I keep a private hotel, at 89, Jermyn Street—I have known Stewart since 16th August, 1891, when he came as a lodger—he had a friend named Dr. Ross, whom I have seen at my house on several occasions—I had not seen him for twelve months before this trial—Stewart introduced him as Dr. Ross, who had retired from the medical profession, and was following other callings—they seemed to me to be fast friends.
Cross-examined by MR. BIRON. Dr. Ross might have been at my hotel six or eight times, not more—he was always spoken of as Dr. Ross—once he described himself as Inspector Ross, of Liverpool—I should not like to swear whether Ross or Stewart talked about his following other callings; they were both there—some of the five or six visits were paid to me—I had invented a boot varnish, and both Ross and Stewart said they could push it and advertise it for me, and the interviews with Rosa wereconnected with the varnish.
Re-examined. Stewart represented Ross to be a gentleman of good standing.
LOUIS ARTHUR NEWTON . I am a house agent at Dalston Junction—in February, 1892, I was agent for 15, Dalston Lane, which I let on a three years' agreement to James Pickford—he paid my rent throughout—I did not see Richardson about letting that house.
Cross-examined by MR. KEELING. The rent of the house was £45—there was nothing to prevent Pickford letting Richardson have the house; bat under the agreement Pickford could not sublet without our consent—nobody could carry on trade there except by a breach of agreement; it was a private house—the rent was paid regularly up to September, but not to me—I did not collect the rents.
Cross-examined by MR. KEELING. I live at 111, Dais ton Lane, next door but one to 115, where Richardson has lived—I have frequently seen him going in and out—I cannot say whether he slept in the house or was a mere visitor—I am a wheelwright at 111—I repaired a village cart for Richardson, and did one or two jobs—I think he said he lived next door but one—he paid me about £1 5s.
Re-examined. There was no bedding or furniture dealing business done at 115 that I know of, nor any catering or confectionery business.
JOHN MACGUIRE (Sergeant B). I have been engaged for some time past in making inquiries in this case—I received papers from Mr. Dutton as the foundation for my inquiry—when the warrant was granted on 5th November it was given to Church—on 12th November, at half-past nine a.m., I went to 24, Hackney Road, a baker's shop—I saw Hartmann, and said, "I am a police officer; I hold a warrant for your arrest"—I read it; it charged him, with eleven others, with conspiring to defraud Taylor's Bottling Company—he said, "I had two cases of whisky, one Irish and one Scotch, and about 10s. worth of beer. I was introduced to Bullock by a man named Dixon. I had it delivered at my shop in Camberwell Road, where it was drunk. At that time I had a post-office, and was guaranteed for £200, and it is not likely I should defraud anyone of a paltry £4. No one has ever called for the money; and I once went to Mr. Taylor's to pay it, and they would not take it, but referred me to a solicitor in bankruptcy"—when charged at the Station he made no reply—he had 2s. 4d. and some papers on him (These were a letter from Eggleton, and one from the liquidator asking for payment)—on 13th November I went to 39, Chapter Road, Walworth, about White—on 21st November I saw Cook, who was living at 103, Dawes Road, where Schneider had been living—I told Cook I was a police officer, and held a warrant for his arrest for conspiring and obtaining wines and spirits from Taylor's Bottling Company—he said, "I have known Schneider for about two years, but I don't know anything about his financial affairs. I also know Pemberton; but I did not conspire with anyone, and made no false pretences. I sent for the goods, and they were delivered with an invoice, but they never sent for the money. I was going to see Mr. Taylor now to pay him"—I have the word "now" in my note—I took him to Walham Green Police-station, and read the warrant to him—he made no reply—I found one shilling and three slips of paper on him—I searched his lodgings at 103, Dawes Road, but found nothing—there was very little furniture there—he was lodging there with his wife and family—there was no appearance of any business there; there was a place for a shop downstairs—I did not arrest Garland, but I searched him—I found on him two pawntickets not relating to these cases; one was for a silver watch, and the other for a coat and vest—on 5th September I arrested Pemberton for forgery at 150, Finbury Road, Garland's house, where
Pemberton lodged—he was subsequently convicted here of forgery on 17th October, and hadnine months' hard labour—on 14th January I saw Richardson at Upper Street, Islington. Police-station—I told him I was a police officer, and had a warrant for his arrest for conspiring with Hartmann and others—he said "As I know all about it, I am not sorry you have come; it has cost me more keeping out of the way than it was ever worth"—on the way to the Station he said, "I only know two of the men you have got; that is George Hall and Hartmann, but I never went to Taylor's place with either of them. I heard Hall telling another man about Taylor, and I went up myself. I had a case of wine first and paid for it. They then pressed me for another order, which I got, but they never called for the money. It was about £16 worth; had they sent me a bill, I should have paid"—he also said he had some champagne to drink on the occasion when he gave the order downstairs in the cellar—I searched and found on him eight-pence—I found Cook's sister was living at 29, Gunterstone Road—Barker Street is a very poor little cul-de-sac: it used to be stables at one time.
MR. BODKIN slated that he did not think he should be justified in asking the JURY to convict White. The COMMON SERJEANT concurring, the JURY found White
NOT GUILTY .
Gross-examined by MR. PURCELL. Richardson said he had been in the neighbourhood for some time; that he went to Liverpool first when he heard he was wanted, and stopped for some time, and then came to London, where he had been in the neighbourhood ever since—I don't think I told the Magistrate he went to Liverpool when he heard he was wanted—he said he had seen Nursey.
Cross-examined by Cook. After arresting you I went to your house and saw your wife, who said you had had the money in the house between times to pay the bill with; but she did not say you had it that morning—you did not say to me, "I was on my road to Taylors Bottling Company to tell them if they applied for payment they could have it, and they never applied for payment"—you spoke to me outside the Police-court, and questioned the accuracy of what I had said.
Cross-examined by MR. HORTIN. I found on Garland these letters from the London, and North-Western Railway Company, and from Messrs. Letts and Co. (The first letter stated that Garland had been in the company's service for about eighteen years, and had fulfilled his duties satisfactorily, and had in October,1888, retired with a pension of £35 a year. The second letter, from Messrs. Letts and Co., offered Garland an engagement as ledger keeper at thirty shillings per week for four weeks on trial, and should permanent employment result, at forty shillings per week)—I made inquiries of the Railway Company and of Letts and Co.
Re-examined. On 21st November, the same day, I proved the arrest of Cook and gave his whole statement—he did not ask me any question that day—he was not represented, and the Magistrate told him he was going to be remanded, and would be brought up again—the Magistrate asked him if he had anything to ask.
FREDERICK CHURCH (Detective Inspector D). I arrested Garland about half-past eight a.m. on 11th November—I read the warrant to him at the Station—he said, "I have only had a few goods for my own use; I was introduced by that scamp Pemberton; I can assure you I had no fraudulent intent; and all I can say is I went to the firm on 29th September,
when I had my quarter's cheque, and offered them part of the account, but they refused to receive it"—shortly afterwards I saw Schneider at Walham Green Police-station, and read the warrant to him—he made no answer—I took him to Walton Street Police-station in a cab, and on the way he said, "I was dealing with a legitimate firm, and I may owe them a little bit of money, but I have had a lot of losses myself"—I found documents on him, but nothing relating to the charge—on 15th November, about seven p.m., I went with Macguire to Holborn Viaduct Railway Station, where we saw Stewart in the refreshment bar—I called him outside and said, "I am a police inspector, and have a warrant for your arrest for conspiring with others and obtaining wines and spirits from Taylor's, King William Street, to the amount of about £150"—he said, "Conspiracy? It is monstrous. Who did I conspire with?"—I said, "With a number: Schneider, Garland, Cook, and others"—he said, "I don't know any of them; I owe Taylor a debt of £10 or £11. I was with a medical friend of mine, Dr. Boss. I had some whisky, which was very good, and I asked him where he got it. He told me from Taylor's, and I said I should like some. He said, 'You go there and see Bullock, the manager, and say I recommended you,' and I went and ordered some. They sent me some whisky and champagne; some to my chambers in Suffolk Street and some to Margate"—I took him to Walton Street Police-station—the warrant was read; he made no reply—on the evening of 21st November I saw Hall at Dais ton Police-station—I said, "lama police inspector, and have a warrant for your arrest"—I read it to him—he said nothing then; but before I took him away he said, "I met Hartmann and another in the City one day, and they asked me to go and taste a drop of good whisky. We went to Taylor's, and I ordered a case of Scotch, and I afterwards had some more. I did not conspire with anybody. It is only an account between us"—9s. Id. was found on him.
Cross-examined by MR. BURNIE. Schneider may have said, "I thought I was dealing legitimately with a firm"—the cab was rattling.
Cross-examined by MR. BRUCE. Hall gave a correct address, 89, Liverpool Road—it was an ordinary furnished house—I understood he was the occupier.
Cross-examined by MR. BIRON. Until Stewart mentioned Boss, Ross had not been mentioned to me—as soon as I got to the Station I made a note of what was said.
The COMMON SERJEANT intimated that it was doubtful whether there was any evidence to go the JURY as against Cook. MR. BODKTN stated that he did not press the charge against him. The JURY accordingly found COOK
NOT GUILTY .
Hartmann received a good character.
HARTMANN— GUILTY of conspiracy.
SCHNEIDER and HALL— GUILTY on all Counts.
RICHARDSON and STEWART— GUILTY of obtaining goods by false pretences.
The JURY could not agree as to
GARLAND, and were discharged from, giving a verdict as to him. There were two other indictments against Stewart.
HARTMANN— Eight Months' Hard Labour.
SCHNEIDER— fifteen Months' Hard Labour.
HALL*— Ten Months' Hard Labour.
RICHARDSON— Two Months' Hard Labour.
STEWART*— Three Years' Penal Servitude.
The prosecutrix did not appear and MR. GEOGHEGAN, for the prosecution stated that he did not wish to press the case further.
— NOT GUILTY .
280. ROBERT ALFRED COLLINS was again indicted for feloniously forging and uttering an order for the payment of £1 1l. 1s. 3d.; also for stealing a day-book and other books, the property of his said mistress.
MR. GEOGHEGAN offered no evidence,
— NOT GUILTY .
Before Mr. Common Sergeant.
MR. WARBURTON Prosecuted. HENRY JAMES KNIGHT. I am a jeweller, of 184, The Grove, Stratford—between half-past nine and a quarter to ten on Saturday, 26th November, I was alone in my shop—the prisoner came in and wished to see a diamond ring that was in the window—I asked him to describe what part of the window, and he went outside and pointed it out—my shop is well lit with a six-light carbon burner—I could note the prisoner's face well through the window, and also inside—the ring he pointed out was with twenty others in a tray, which I took out of the window—I gave him the ring, and he tried it on his little finger, and said it was too large—I then tried it on his third finger, and said it would not fit him—I thought another ring in the window in another tray would possibly fit him, and I turned to the window to get the other tray out, putting the first tray down on the counter, and when I turned back with the second tray the prisoner had gone With the first tray and the rings in it—I rushed to the door, and met Mr. Harris in the doorway, who made a statement to me—I saw three people running, and gave chase as, far as Maryland Point Station—they mingled with the crowd and got away—the prisoner was in the shop about a minute and a-half—on 6th January I went to Bow Station, where I picked out the prisoner from eight or nine people—he is the man—the value of the tray of rings was about £50—I have not got one back.
Cross-examined by the prisoner. I did not say when I came to identify you, "That looks like the man"—I went up positively to you and touched you and said, "That is the man"—they did not urge me to touch you because they knew you had been convicted before—they did not in any way indicate you to me as distinguished from the other men—I identified you without any assistance—I did not converse with the detectives before identifying you; they did not keep urging me to pick you out.
JAMES HARRIS . I am a bricklayer, living at 81, Cedar Road, Water Lane—on 26th November, between half-past nine and a quarter to ten, I was looking into Mr. Knight's window—two or three people were by my side looking in, among them the prisoner—he waited some time, apparently waiting for someone to come out, and then he went in—he
came out and pointed to a ring in the window, and went back into the shop—after a few minutes he ran out of the shop with something white in his hand—he brushed past me as he came out of the door—I made a communication to Knight—on 7th January I was taken to Stratford Police-Station, where I at once picked out the prisoner from other men—I am certain he is the man I saw looking at the shop window.
Cross-examined. I did not look up and down two or three times and say I believed you were the man; I did not tell the Magistrate that—I did not pass you the first time, but stopped in front and touched your shoulder—I told the Magistrate I believed you were the man; I had no doubt about it—I have no doubt whatever now.
FREDERICK FORTH (Detective Sergeant). At 10.30 a.m. on 8th January I, Bird, and other officers went to 217, Bow Road, a common lodging-house, where we found the prisoner in bed—I said, "Dress yourself"—when he was dressed I said, "I shall take you into custody on suspicion of stealing fifty diamond rings"—he said, "I know nothing about it"—he was taken to Bow Station, and I said to him, "It is not fifty diamond rings, it is twenty-one, from the Grove Road, Stratford"—he said, "I don't know anything about it"—afterwards he was identified by Knight, and taken to Stratford, and charged—he said, "I don't know anything about it"—I searched him, and found £2 in gold, 15s. 6d. in silver, a silver watch, and a knife—I was present on the remand, when he was identified by Harris.
By the COURT. It is not true that either I or any member of the police force pointed the prisoner out to the witnesses as the man whom we wished them to identify—they at once identified him, putting their hands on his shoulder.
The prisoner in his defence asserted his innocence, and said he had hem identified for someone eke, and that the detective knew he had not been picked out fairly.
GUILTY*†— Eighteen Months' Hard Labour.
282. ALICE NUNN (21) PLEADED GUILTY to stealing a blouse and other articles, the property of Albert Thomas Oddy, her master; also to unlawfully obtaining by false pretences from Henry Cook and Alexander Picken two bottles of wine and other goods; and from Rowland Edwards two pounds of sugar and other articles, with intent to defraud.— Discharged on Recognisances.
MR. BEARD Prosecuted.
JAMES JOHN PRIOR . I am foreman to my father, James John Prior, a carman, of Trowbridge Wharf—Smith was in his employ, but only one day, January 18th—it was his duty to take refuse to a shoot at Plaistow with a horse and cart—in consequence of what had previously occurred I went down there; went behind a fence not twenty yards from the shoot, and saw Smith arrive with the horse and cart—Reed came out of the shoot, and Smith stopped and handed Reed the sack of fodder givenss
to him for his horse for the day—Reed put it in a barrow and drove away with it—I said to Smith, "You have been selling the horse's food"—he said, "No, I have not"—I gave him in charge—he said at the Station that he sold it to get himself some tea, as he had had no food all day—I afterwards went with Topham to Reed's house, not far from the shoot; I drove after him with the horse and cart, and said, "You have got our horses' food here"—he said, "Don't lock me up, I have got my wife very bad"—he emptied the sack, and I said, "That belongs to me"—he was charged at the station, and said he had only had two or three loads.
Cross-examined by Reed. You said you did not know you were doing any harm in receiving what you did—you did not say that you asked the carman to give you what was in the nosebag—I took the bag oat of your hand; it was mine—the horsekeeper gave Smith two bushels and a-half.
WILLIAM TOPHAM (346 K). I was with Mr. Prior; he told Smith to stop the horse, which he did—I asked him to get down, which he did—Mr. Prior said, "You scoundrel, what do you mean by robbing us?" Smith said, "What do you mean?"—he said, "By selling our grab and working the horse all day without food; I shall take you to the Station"—he said, "I own I did it, but I did it for food"—I found two pence on him—I went to 21, Charles Street, but Reed had decamped—I went again later, and found him in the kitchen—I said, "I shall take you in custody for receiving horse provender from Mr. Prior's carman" he said, "Well, governor; oh, dear, what shall I do? I own I had three or four nosebags full, and that is all."
Reed's statement before the Magistrate: "I did not buy the food; I begged it; I have had a lot of misfortune lately." Smith's Defence: I never had half a cwt. of horses' food. Reed produced a written defence stating that he had never seen Smith before and received no food from him, but only had some out of the shoot, which th horse had blown upon and would not eat.
—Reed then PLEADED GUILTY to a conviction of felony in October, 1890, having then been previously convicted.
SMITH— Two Months' Hard Labour.
REED— Six Months' hard Labour.
Reore Mr. Justice Hawkins,
MESSRS. ELDRIDGE and BANCROFT Prosecuted; MR. DRAKE appeared for Beezer; and MR. PIGGOTT for Donoghue.
morocco bag in my band containing a purse, a few other articles, and about £6 in money—I had got some little distance up the road, on the right-hand side, opposite the surgery door of Dr. Hammersley's house, when I was seized from behind, a hand was placed over my mouth and an arm round my neck, and my head was held back with some 'force, and someone from the front seized my bag and tore it from my hand; it was done by another person than the one who was holding me; there were two men—when the man took his hand from my mouth I felt a push at the lower part of my back, either with a knee or a hand, I could not say which, and I was pushed with great force into the road—I could not get up, but I lifted my head, and I saw one man running round the corner of the doctor's house towards Lewisham, and I saw another man in a light coat partly across the Rosenthal Road—I distinctly saw the back of that man, but I did not see the face of either of them—I called loudly for help, "Police!" and "Thieves!" but although I saw a person at the end of the road no one came to my assistance—I could not walk into the doctor's, I had to be carried in by the doctor and someone else; my leg was broken; I was in bed five weeks, and was confined to my room for two months—I said at the time that I thought the man in the light coat was a young man, and slight—I have not entirely recovered yet; I cannot walk without assistance.
Cross-examined by MR. DRAKE. I should say this was as near about seven as possible; I could not say exactly; there was no clock there, and I had not a watch—there was a lamp on the same side of the road, some distance up—I saw the forms of the men going round the corner; they both looked young men, and both of slight build—it was dark at the corner of the road, but further up, where I was pushed down, the surgery light fell partly across the road, and the road is very wide there—where this happened I think was about the darkest part of the road; the men were between me and the surgery light—when I looked up I saw them running from me—it was from the surgery light that I distinguished the man in the light coat—when I was a child I sprained my ankle; it was not broken.
Cross-examined by MR. PIGGOTT. I was lying about the gutter of the road when I saw the men running—they were both running quickly—I did not go to the Police-court; I was in bed—I was not unconscious at this time.
EDITH GORRINGE . I live with my parents at 78, Rushey Green, Cat-ford—on the evening of 14th November, about a quarter past seven, I was standing at the corner of Rosenthal Road and Lewisham Road—there is a red lamp at the corner—I was about three yards from it with my two friends, Beatrice and Letty Huxstead—I heard screams, and saw two men running towards Lewisham; they came from the direction where the woman was—they came past me, just as we were standing at the corner; they came between me and the lamp—I recognised those two men at Lewisham Station—I see them here in the dock; one was in a light coat and dark trousers, the other was all in dark—after they had passed I went up the Rosenthal Road, and there saw Mrs. Cox lying in the road—I did not see the men full face, only side face—on the 24th November I was at Lewisham Police-station, and there picked out these two men—they were standing with others.
Gross-examined by MR. DRAKE. It is a pretty wide footpath there—
Mrs. Cox was lying on the opposite side of the road, not opposite the doctor's—I had passed the surgery door before I saw her; I had not quite Passed the house; it is a long house—the prisoners rushed past us pretty quickly—I saw them by the light of Dr. Hammersley's red lamp; I am sure ft was alight—I had never seen the men before—that was the only opportunity I had of seeing them—the next time I saw them was at the Police-station, ten days after—they were placed among a number of men; I immediately identified Beezer—I identified Donoghue first; they were not next to each other; there were some men between them, some about the same age and some older.
Cross-examined by MR. PIGGOTT. We have talked this case over a good deal among ourselves—I have not spoken to the officer about it—the officer had no conversation with me before I went in to identify the prisoners—I went first into the room—the men were all in a line—I identified Donoghue by his side face—when he ran past me he was about three yards from the doctor's lamp—he was running the same way we were going, from Cat-ford—we were standing there, facing the prisoners.
Re-examined. I was attracted by the screams, and I saw the men about the same time.
LETTY HUXSTEAD . I live with my parents, at 3, Bowler Road, Cat-ford—on the night of 14th November I was standing at the corner of Rosenthal Road with the last witness and my sister—I heard screams and saw two men run by from Rosenthal Road—I was standing near the red lamp—I noticed the side face of Donoghue, and I saw his clothes and his hat, and I saw Beezer's side-face, his dress and height—Donoghue had on a check coat and dark trousers; they ran down the Lewisham Road—I went up the Rosenthal Road and there found Mrs. Cox—the doctor came out—on the 24th I went to Lewisham Police-station—the prisoners were there with other men—I picked them out—I gave a description of the men to the police.
Cross-examined by MR. DRAKE. I and the other girls were standing talking together—the men ran past us very fast—Mrs. Cox was not lying on the same side of the road as we were; I went up to her with Edith Gorringe; we had not passed the surgery—I did not cross over—I had never seen these men before—I saw Beezer's side face as he passed—I said at the Police-court that he was very slender—I have not said that I did not see his face; I did see a little of his face.
Cross-examined by MR. PIGGOTT. They were about three yards from me. Re-examined. I have no doubt about the men. BEATRICE HUXSTEAD. I am sister of the last witness—on the night of 14th November I was standing with her and Gorringe at the corner of Rosenthal Road, about three or four yards from the red lamp—I heard screams, and saw two men; they rushed by us from Rosenthal Road towards Lewisham—they passed us within about three or four yard—I saw one of them in a check coat, aide face, plain enough to recognise them again—I see them now; I recognise the one in the light coat—I was rather doubtful of Beezer when I went to the station to identify them, but when they were leaving the room I was quite sure Beezer was the man with Donoghue that night; I picked out Donoghue at once—the men wore hard felt hats; I am not quite sure about their being dean shaven, I did not notice; I was not quite sure whether they had moustaches or not.
Cross-examined by MR. DRAKE. This was about 7. 15—the men went past quickly—I went with the other girls up to where Mrs. Fox was lying; she was not on the side we were; I went about half-way up the road before crossing; I crossed opposite the surgery; I had then to go about fire or six yards before I found Mrs. Cox—when I went to the Station to identify the men, there were about a dozen men there—I first picked out Donoghue, and then another man instead of Beezer, but I altered my opinion.
Cross-examined by MR. PIGGOTT. The hats the prisoners wore were very ordinary hats; I see hundreds of them—I gave information about this to two policemen in uniform before I went to identify the men—the men were all placed in a line—the prisoners were not placed together—the men were running rather quick when they passed us; running abreast—I saw Donoghue's side face.
JAMES AUSTEN . I am a labourer, and live at 5, Rutland Terrace, Cat-ford—on the night of 14th November, about twenty minutes past seven, I was standing outside the George public-house, about 170 yards from the corner of Rosenthal Road—two men ran past me towards Lewisham, from the direction of Rosenthal Road—they passed quite close to me—they touched me as they passed; they were not running close together; there was about nine or ten yards between them—I identify both of them—there they are (Pointing to theprisoners)—I had seen Donoghue before; I saw their faces; I saw them five or six yards before they got to me—there are three lamps at the public-house and two street lamps, one at the corner.
Cross-examined by MR. DRAKE. I was standing on the path, waiting for the tram—it is about five yards" wide—there was plenty of light there—they were running very quickly—that attracted my attention, because they were not running to a tram; they were not running as hare and hounds—I gave evidence at the Police-court about a fortnight or three weeks after—I had not seen the men in the interval—at the identification I identified Donoghue, and stood looking at Beezer several times—I raised my hand several times to pick him out, but I did not—when I saw them standing, I identified both—I did not identify Beezer until at the Greenwich Police-court; they were then together—I had seen an account of the case once or twice in the local paper.
Gross-examined by MR. PIGGOTT. The men brushed right past me and touched me as they ran—it was a clear night—I first gave evidence at the Police-court, when Inspector Bunting spoke to me about it—I heard they had got somebody on suspicion, and then the sergeant came to me—he did not give me a description of them—the inspector asked me how they were dressed, and I told him.
Re-examined. I did not give information before, because I did not wish to lose my time.
JOSIAH THOMAS MITCHELL . I am an upholsterer in High Street, Deptford—on Monday, 14th November, about 8. 30, Beezer and a female came in to make a purchase of a bedstead and bed for £1 11s. 9d.—he tendered me two sovereigns and I gave him the change—he also bought six chairs for 12s. 6d.; those he paid for in silver—he gave me the order to send them home the following day, Tuesday, at one o'clock, to 41, Claremont Street, Greenwich—he gave his name as Mr. Beezer—I have the book with the entry—he bad more money, some silver, and, I think,
some gold as well—he put it back into his waistcoat pocket—I did not see it, but I could hear the difference between the jingle of gold—it was gold, and he paid me the 12s. 6d. out of another pocket, where he had silver and copper—my man delivered the things next day—I afterwards saw Beezer at the Police-court—there were about ten others in the room—I first put my hand and touched Donoghue, and directly I touched him Beezer altered his position, and I said to the officer, "I have made a mistake, that is the man," pointing then to Beezer—I hare not the slightest doubt about him—I recognise him now.
Cross-examined by MR. DRAKE. It was 8. 30 to nine when he came to my shop, I could not say exactly—I close at ten—he came in with a young woman—he was there for about a quarter of an hour or twenty minutes—I had a good opportunity of seeing him—I served him myself—he paid for the things and had some more money—I did not see the gold in his hand, but I heard it go back to his pocket—he took some out to take the two sovereigns; what more he had I could not say—I could tell the difference between gold and silver—at the identification I first picked out Donoghue; I merely touched him, and said, "I think that is the man, I mink he looks something like it"—Beezer was standing next to him, and when he altered his position I saw at once that was the man I had served.
PERCY SKINNER . I am a porter in Mr. Mitchell's employ—on the 14th November at six o'clock I was at tea at home—I got back to the shop at half-past six—I stayed outside for a few minutes, and after wards took some things to Greenwich, about two miles off—I walked there and back—I then stood outside the shop about half an hour—then Beezer came in and made some purchases, and next day at fire I took those goods to his house in Claremont Street; he was there—I had some conversation with him—he took me across to a public-house opposite and gave me a glass of ale and fourpence—I afterwards identified him at the Police-court.
Cross-examined by MR. DRAKE. I am not certain as to the time Beezer came into the shop; I should think it was about half-past seven; it might be later—it took me about an hour and a-half or three-quarters to go to Greenwich and back—it was some distance beyond Greenwich Station.
ROBERT EBBAGE (Sergeant R). On 23rd November at midnight I went to 40, Mill Lane, Deptford—it is a common lodging-house—I saw Beezer there—I said to him, "I am going to take you into custody for being concerned with another man not in custody in robbing and violently assaulting a lady on the 14th November—he replied, "I thought you took in Fat headed Tommy and Subway "(meaning two other men) "for that job at Cat-ford"—I said, "Well, it is not for the job at Cat-ford, but another one"—he said, "You will have to prove it; there's one thing, they can't identify me by the description in the paper"—I said, "You have had a fight with another man"—he said, "Yea, someone has put us away"—I said, "Very likely"—at the Station I said, "What is his name?"—he said, "Harris," but subsequently he said, "His name is James Beezer."
Cross-examined by MR. DRAKE. Inspector Pitman was with me when I went to Mill Lane; I believe he is here; he did not give evidence at the Police-court—he was not present at this conversation, only as muchs
as to taking him into custody for assaulting a lady, that was all he heard—this robbery created a sensation in the neighbourhood, and was talked about—three or four nights after two men were arrested; that was for the Cat-ford job—those two men were known to Beezer; they all lire in Mill Lane, but. they were men of a different description altogether—Beezer did not say he was put away in consequence of a fight in a publichouse—I made those notes of what passed at the Station, directly after I got there—I know that another lady was called to identify these men—I can't say whether that was in consequence of another outrage committed since the prisoners were in custody—I had nothing to do with it; I am not in that district—there is always an inspector in charge at the Police-station, and two or three men—I was in company with Inspector Pitman when a bag was found.
Re-examined, The description that appeared in the paper was with reference to this matter.
FREDERICK BUNTING (Detective P). About half-past one, on the morning of 24th, I went with Inspector Pitman to 40, Mill Lane—Donoghue, came outside, and I said, I snail arrest you for being concerned with another man in custody for robbery with violence at Rushey Green, Cat-ford, on the 14th inst"—he said, "Is my pal Harris locked up?" I said, "Yes"—by Harris he meant Beezer—he said, "When did you say it was, the 14th? that was on a Monday. I was not at Cat-ford that night; I can prove I was at Croydon that night, selling laces in the street; you can't prove that we done it, nor nobody else; it would take a lot to prove that. I think you have made a mistake; but you will do your best to do it, no doubt"—I took him to the Station, and after he was identified and charged he was put in a cell, and. Beezer was in the next cell—I was in the passage; the doors of the cells open into the passage, and the door from the passage opens into the inspector's office—there were no other prisoners in the two cells—about eleven a.m. Donoghue said to Beezer, "How are we going to get out of this? What shall we say? I wish we had that paper with our description in it; it don't answer to ours"—Beezer said, "Did the split say anything to you about the fight we had? They know something; I said it was not about the posh "(that is a slang term for money)—Donoghue said, "Yes; never mind, Jem, don't let it be down upon you yet; we shall be remanded till the woman gets well; but she won't know us; if that woman had recognised us it would have been all over with us; if we get sentenced, what can they give us?"—Beezer said, "They all will pick us out except one; never mind, cheer up, old boy"—I wrote this down as the men said it—I was not present when the prisoners were identified.
cross-examined by MR. DRAKE (Police Sergeant P), There is usually a sergeant or inspector at each station; the number of men varies, sometimes three, sometimes one—I am not attached to Lewisham Station—I was directed to do what I did—I wrote down the conversation on my warrant card-case—I saw both the prisoners put in the cells after they were charged—I know that a woman was called, who failed to identify them; she had been robbed of £2.
November last I was attracted by screaming—I ran to my surgery door, looked over the gate, and saw somebody lying on the other side of the road calling out loudly—I went and rendered her assistance, and called for help—I recognised her at once—two men came up, and helped me to carry her into my house, where I made an examination; I found certain injuries to the left leg; subsequently at her own house I ascertained them to be serious injuries.
Cross-examined by MR. DRAKE. I was in my drawing-room at the time I heard the screams; that is at the other side of the house from the surgery, more towards Lewisham—my lamp is a red globular one; it is always lighted except in summer—I expect it was lighted on Friday night last; I would not say of my own positive knowledge; the servant is told to light it every night—I know as a fact it was lighted on the evening of 14th November—I think I may say there is no permanent injury to Mrs. Cox.
After Counsel had addressed the jury the prisoners requested and obtained permission to make statements, in which, although declaring their innocence of the robbery in question, they stated that, being at Croydon together about half-past six on the evening in question, while begging at a house they were tempted to steal a lady's bag containing 8s., which they divided, that they afterwards quarrelled and had a fight at a public house, and so accounted for their time that they could not have committed the offence charged,
Beezer then PLEADED GUILTY to a conviction at Greenwich on 9th June, 1892, in the name of William Johnson, and a previous conviction in November, 1891, was proved by Mann, warder of Wandsworth Prison.
Before Mr. Recorder.
286. WILLIAM CRAFTS (36) PLEADED GUILTY to a buglary in the dwelling-house of Alfred Hornsey and stealing a piece of brass and a screw-driver, and to a conviction of felony on 5th May, 1892, at Woolwich— Fifteen Months' Bard Labour. And
Before Mr. Common Serjeant.
288. JOHN CRONIN (17), PLEADED GUILTY **† to burglary in the dwelling-house of Richard Gedney, with intent to steal, after a conviction of burglary at Greenwich on March 2nd, 1891— Twelve Months' Hard Labour.
MR. WILKINSON Prosecuted. CLARA WAGON. I am assistant to Thomas Newman, a baker, of 89, New Road, Woolwich—on Saturday, January 7th, about seven p.m., the prisoner came is for two scones, price one penny, and handed me a florin; I saw at once that it was bad, sounded it on the counter and said, "Is this all the money you have?"—he said, "No, why?"—I said, "Because it is bad"—he then handed me a good sixpence, and I gave him the florin back—he said he would take it to the Anglesea Arms opposite my shop, where he got it; but he did not go there, he walked the other
Way—I picked him out at Woolwich Police-court, on January 9th, from a number of others—he was just the same then, and had that patch over his eye.
SABINA DARKEY . I keep a confectioner's shop, at 63, Wellington Street, Woolwich—on January 7th, about 7. 50 p.m., I served the prisoner with 2 oz. of cocoanut chips—he gave me a florin—I did not like the the look of it, and took it to Mr. Crisp next door, who gave me change for it, which I gave to the prisoner, and he left—after that a constable came and showed me a packet of cocoanut chips in my bag—I took no other florin that night—the prisoner is the man; I picked him out at the Station on the 9th from other men.
JOHN CRISP . I live at 63, Wellington Street, Woolwich—on the evening of January 7th Mrs. Darkey handed me a florin, and I gave her change for it, and put it in my pocket, where I had no other florin—I was suspicious of it, but the ring was good—I paid it to George Day, a lad in my employment, the same evening, with a half-crown—on 9th January I went to Day's mother's house, and saw her—she showed me some coins, and I picked out this one from them as the one I gave Day—I recognise it as the one I received from Mrs. Darkey.
GEORGE DAY . I live with my mother at 5, North Kent Terrace, Woolwich, and work for Mr. Crisp—he paid me a half-crown and a florin for my wages on Saturday—I took them home, and gave them to my mother.
HARRIETT DAY . I am the mother of George Day—he handed me a half-crown and florin on the evening of January 7th—I put them in a box where there were two other florins and a half-crown—I handed all the coins to Mr. Crisp, and he picked out one.
ELIZABETH BRAZIER . I am assistant to Thomas Newman, a baker, of 84, Wellington Street, Woolwich—on January 7th, about 8.15 p.m., the prisoner came in for two scones—I gave him a two penny one—he gave me a half-crown—I saw that it was bad directly, and took it to Mr. Newman, who came into the shop, and said, "Did you give this young lady this half-crown?"—he said, "Yes, but I did not know it was bad"—I saw Mr. Newman bend it.
THOMAS NEWMAN . I keep a shop at 84, Wellington Street—on the evening of 7th January Miss Brazier brought me a florin, and I went into the shop and found the prisoner there—I asked if he gave it to her—he said, "Yes," but he did not know it was bad; he got it at a publichouse in change for a four-shilling piece—he first said at the Duke of Sussex, and afterwards the Duke of York—I bit it and weighed it—I took the prisoner to the Station with the coin.
JAMES GATEHOUSE (42 RR). I was at the Station on 7th January, about eight o'clock, when Mr. Newman came with the prisoner, and charged him with uttering a counterfeit florin, which he handed to the inspector—the prisoner said he changed a four-shilling piece at the Duke of Sussex, and got it in change—I found on him 8s. 6d. in silver and Is. 8d. in bronze, all good, and this bag of sweetstuff.
S. DARKEY (Re-examined). I sold the prisoner sweets like these in a bag exactly like this.
The prisoner in his statement before the Magistrate, and in a written defence, said that he got the half-crown in change for a four-shilling piece, that had no florin in his possession, and paid Mrs. Darkey with a penny.
GUILTY**— Ten Months Hard Labour.
MR. HUTTON Prosecuted and MR. GEOGHEGAN Defended.
GUILTY — Four Months' Hard Labour.
Before Mr. Recorder.
MR. KEELING Prosecuted.
ADA SMITH . I am a domestic servant to Helene Heale, of Accatia House, Battersea—on Friday night, 23rd January, I was the last person up; at ten the house was fastened, and the windows shut—I was awoke about a quarter to five by hearing the handle of a door moving twice—my mistress and I went downstairs—we tried the handle and found it locked, and went to bed again—at six my mistress called me, and I went downstairs with two young ladies; I found a light, and all the doors open—I went straight for a policeman, who came back with me—two of the windows were broken just at the fastening—the kitchen window was half-way up, the lock was burst off the cupboard, and all the clothes turned out on the floor—we missed four dinner napkins, a tablecloth, and two cloaks—these produced are two of the napkins.
WALTER HOPKINS (Policeman). About half-past one in the morning of 24th January I went with other officers to Mackay's lodging-house in Surrey Lane, Old Battersea—we went up to the first floor back; I there saw a lad named Toose lying in bed; he had this napkin round his neck; Horsey was lying in bed there—I told Toose I should take him into custody for being concerned with others in breaking into a house in Albert Road on the 19th—he got up and walked about a pace—I then said to Horsey he would also be charged, and told him to get up—he started dressing—he had this handkerchief partly under his clothes, and I saw him throw it under Toose's bed—I asked what it was—he said he did not know—I pulled the bed aside and found this napkin—I went on the landing, and saw Boots coming from a bedroom on the same floor—I told him the same—he said, "I know nothing about it"—Toose said, "Yes, you do, you sold me this scarf on Friday morning for twopence," alluding to the napkin—I took them all three to the Station—a woman was also taken, but she was discharged and has since gone away.
FREDERICK TOOSE . I live at the lodging-house in Surrey Lane—on the Thursday night before I was taken, about a quarter to eleven, I saw the prisoners; they live there—a young chap named Spencer was with them—Horsey slept in my room, and Roots in the next room—theys
went out and never came back till the next morning (Hoots' bed had not been slept in)—I saw them having breakfast together, and just after breakfast Boots took this napkin off his neck and asked me if I wanted to buy a handkerchief—I said, "Show us,"—he showed it to me—I said, "What do you want for it?" he said "Twopence"—I said, "I have no money now, I will owe you for it," and he let me have it—I was wearing it when I was arrested in the morning—I saw the prisoners picking the feathers of a partridge—they did not say what they had been doing.
The prisoners' statements before the Magistrate—Roots: "I am innocent of the charge. "Horsey: "Spencer sent us down to see if Kity had come home, and that is all I know about the case. "
Witness called by Roots.
FREDERICK BARGE . I know nothing about this case; I was called at the Police-court-all I know is that I went to bed at ten, the night before these boys were supposed to commit a burglary—I did not get up till eight, and none of them were in bed—the bed Boots sleeps in had teen slept in, whether by him or not I can't say.
Roots' defence. I told Hopkins who it was done the burglary, and the man in Holloway told us he would plead guilty to-day if we told the Judge to fetch him up—I told the detective this, and he said he had enough to do already, and he was on a different charge—Toose bought the handkerchief of Spencer, not of me.
Horsey's defence. The other prisoner, not in Court, told me he was guilty of the charge, and if they put him up he would plead guilty to it.
Roots then PLEADED GUILTY to a conviction at Wandsworth, on 18th April, 1891, and Horsey to a conviction at the South Western Police-court on 27th December, 1892, but by the direction of the Court the JURY found Horsey
>NOT GUILTY of that conviction, as he had only been bound over to appear. Judgment respited.
Before Mr. Justice Vaughan Williams.
NOT GUILTY .
Before Mr. Justice Hawkins.
MR. GEOGHEGAN Prosecuted and MR. KEELING Defended.
He received a good character.— Two Years Hard Labour.
Before Mr. Common Serjeant.
MESSRS. RICHARDS and WILDE Prosecuted. FREDERICK CHARLES CARTWRIGHT. I am in the Detective Department, General Post-office—I have known the prisoner by sight since January 25th, when I was instructed to keep observation on him when he was on duty—on the first day I saw him on his delivery in the Stockwell
district for about an hour in the morning, and again about mid-day, and in the evening, each time in uniform, and again next day on the three same deliveries; on the Friday on his first delivery and on his parcel collection at mid-day—he lives at 21 or 22, Park Place, and I met him in private clothes that evening about two hundred yards from his house and followed him from Clapham Park Road, down High Street to the South London Railway station, Stockwell—he took a train from there to the Borough—I rode in the same train, saw him alight, and got out too—he turned to the right from the station and crossed Blackman Street to the same side as the District Post-office, where he went in—I followed him in in about half a minute—he went to the writing desk and appeared to write something, and then went to the counter and tendered a postal order for 10s. 6d.—I was then right behind him and saw Miss Mackness put 10s. 6d. on the counter—I obtained the order from her, No. 835,344, when the prisoner went out—I saw it in her hand; there was no opportunity for any other order to be presented—I gave information to my superior officer.
Cross-examined by the prisoner. On the second day I followed you from Park Place I had a reason for not going round your road—there is a block of buildings there, and I could not see your house, but there is an outlet.
Re-examined. I did not go down his road because some time ago we had a man in the office doing the same work as myself, and on one occasion he gave me away to a pal of his—there is no doubt the prisoner knows him if I mention his name.
ELIZABETH RUTH MACKNESS . I am counter clerk at the South-eastern District Post-office—this postal order bears the stamp of the office; I put the time on by Mr. Cartwright's direction, 5. 15, and gave it to him almost directly—there was only one man and Mr. Cartwright in the office—I do not know who the man was.
WALTER STARR . I live at 6, Mabel Place, Slough—on 25th January I purchased this postal order for 10s. 6d., No. 836,344, filled in the name, "M. Selborne," enclosed it in a letter addressed to M. Selborne, 43, Summer Leyton Road, Brixton, and posted it myself between three and four o'clock at the Slough Post-office—I recognise my writing on the order.
CHARLES HENRY HOUSE . I am a clerk in the Slough Post-office—a letter posted there between three and four p.m. would leave at 4. 45 p.m. in a bundle labelled "S. W."—we sort them out in districts irrespective of the addresses.
ARTHUR WILLIAM MATTHEWS . I am overseer in the South-western District Office—letters dispatched from Slough at 4. 45 would reach my office at 6. 33 p.m., and a letter for Brixton would be sent on to Stockwell Post-office at 8. 5.
ARTHUR BREWSTER . I am overseer at Stockwell sorting office—the prisoner was employed there as auxilary postman—letters sent from the south-western district at 8. 5 would reach my office about 8. 40 p.m.—a letter from Summer Leyton Road would be in the prisoner's delivery, and he would have to deliver it that night—he would start before nine—he would be in attendance waiting for any letters when the mail came in at 8. 40—I have constantly seen his signature—this is his signature to this postal order to the best of my belief.
Cross-examined. I cannot swear that it is your writing—there are twelve sorters, and the letter would be as likely to fall into their hands as yours—your letters would only pass through one man's hands, the man on the same ground.
Re-examined. Each of the twelve sorters is a postman—they take the letters which are for their own district, and then go out on their delivery—there are eight deliveries a day—only one person delivered at Summer Leyton Road—no other man had the Summer Leyton delivery that night.
By the COURT. I advertise and receive about twenty letters daily—I advertise in the weekly papers—I am proprietor of a patent medicine for the use of ladies.
WILLIAM MURRAY . I am travelling clerk in the Secretaries' Department of the General Post-office—Cartwright acted under my instructions—I received complaints from the Stockwell district, and gave him instructions on January 24th—he reported to me on Friday night, the 27th, and I sent for the prisoner on the Saturday, and told him I had been making inquiries into the loss of letters containing postal orders, passing through the Stockwell office, and said, "Yesterday you were seen to cash this order at the South-eastern District Office at 5. 15; where did you get it from?"—he said, "I did not have it, the order was never in my possession"—I confronted him with Cartwright, and said, "This man followed you to the S. E. District Office, and saw you cash the order; it is to M. Selborne, and is probably intended for Madame Selborne, 43, Summer Leyton Road"—he said, "The order was never in my possession; it must be a case of mistaken identity if he," pointing to Cartwright, "saw me cash the order; why was not I arrested then?"—I said that Cartwright had no power to act, and asked him to write "M. Selborne" on this piece of paper—he did so, and I gave him in custody.
WILLIAM LORD (Constable G.P.O.) Mr. Murray gave the prisoner into my custody, and I charged him with unlawful possession of a postal order for ten shillings and sixpence, and forging and uttering the same—he made no reply.
Witnesses for the Defence.
JAMES ADAMS . I am a plumber, of 25, Burgoyne Road, Stockwell—on January 27th I was at 21, Park Place, from 4. 50 to five o'clock, and I believe I saw the prisoner there as I passed through the room to repair a burst pipe—it seemed to be their living-room—I got there between the quarter and half-past four—I saw him again as I left to go next door—he was sitting down by the fire in his shirt sleeves—I saw his face as he passed out, and I believe the prisoner is the man, but I never saw him before or since—Mr. Mead, who I was doing the work for, was with me; he employed me—there was a woman in the room both when I went in and when I came out.
By the COURT. The matter was brought to my mind yesterday week when a woman called at my house—I did not go to the Police-court; I did not see the prisoner again, assuming it to be the prisoner, till to-day.
Cross-examined. There was no light in the room when I went in or when I came out, and I had to ask the woman for a light—she was a youngish woman—the 27th was on a Friday; I know that by my work—I have not got the book with me—Mr. Mead has got my bill—that was the only evening I worked at Park Place; but I went there the following morning—I had a momentary glance of the man; he had no hat or coat on—it was the same woman who gave me the light to do the work by who came to see me afterwards.
By the COURT. Mr. Mead showed me the bill to fix the time—I finished there that night, and then I went next door—I know it was past five when I left the house, because I could not see—I also fix the tune by the time I charged for the job—I was paid separately for the job at 21, and went next door—the whole job was two hours and a-half, all included—Mr. Mead went out and got two candles to do the first job with—the only way I suggest it was five o'clock was because it was getting dark—it was just twilight when we went in—after I had been in there some little time I said I must have a light—I did not ask her for the light till I had been engaged five or six minutes on the job; that would be between 4. 20 and 4. 30, and then I had the light, and all the rest was done—I did not hear any clock strike; I looked at my watch when I went into the next house, because I thought I should not have time to do it—it was then about 5. 30—this is the same watch (Produced)—it is eleven o'clock by it now.
By the prisoner. It may have been a little past five when I saw you—the other man left the house with me.
HENRY JAMES MEAD . I am a builder, of 5, Fenwick Place, Stockwell—on 27th January I went to 21, Park Place about half-past four, and saw you sitting in a chair—after that you brushed your hair and sat down again—we timed ourselves from Sand mere Road—I looked at my watch—you were brushing your hair at five minutes to five, because I looked at my watch to see if we should have time to go next door—our job was finished at five minutes to five, except packing up our tools—your coat and tie were off—when we left the house it might have been a few minutes past five; I did not look at my watch after that—we had to empty the cistern and pack up our things—I am sure you are the man—I have not seen you since—I was subpœnaed to come here—I left you in the house when I came out.
Cross-examined. I know it was on Friday, because I did three jobs, and my time is booked up every day, and on the Saturday morning we had to go and finish our work—I knew I was coming here about the day we did the work—I did not refresh my memory by looking at the book—I did not look at my book when I saw the prisoner's sister—she did not tell me on what day he was charged with doing something—she asked me if I did not come to mend the burst pipes on a certain day, and I said "Yes"—she was not in the house when I went—she did not mention the day of the week—the 27th was on Friday, by my men's time-sheets without looking at my book—I have not looked at my book to refresh my memory—another sister was there on the 27th when I went in; one is tall and the other short—I did not know it would be necessary to bring my book—I had not done a job at this place for months—there was no light in the room when we went in at a quarter past
four—my plumber asked for one, and the sister gave it to us—when we left the room we only had the candle we were using—the prisoner was brushing his hair the early part of the time—the clothes he was brushing were inside out; it looked a grey tweed coat—some time after we had been in the next house I looked at my watch, and it was twenty minutes to six.
By the COURT. I did not see Adams look at his watch as he left the prisoner's house—I walked close by him from one house to the other—he mentioned nothing about the time to me then, nor as we left the prisoner's house—I charge customers by my watch—it is now twenty-seven minutes to twelve; it very seldom varies—it was 4. 30 as we went in, and 4. 55 when he was brushing his hair—I looked at my watch to mark the timesheets, as these houses belong to different tenants, and are charged separately—we knocked off work next door at 6. 30—we came to Sand mere Road from Lambeth, which we left at ten minutes past four; it is on the time-sheet—last Friday I was here—I could not call to mind what I did the Friday before that—Wednesday last week was the last day I was able to attend to my business; I then did about three jobs—I cannot tell what time I commenced or left them off—I do not always work on jobs myself—I took men to Westminster on Wednesday—I book the time—I do not always do the booking myself; my daughter does a great deal of my work—last Tuesday I booked a job at Tooting, which lasted from ten to twelve—I had an appointment at Westminster at one, and I was at Camber well from two to about twenty past two—I cannot fix the beginning or end of any other job—I was not told by anybody that any hour on Friday, 27th January, was important—I was told outside the Court that a witness had sworn he saw the prisoner in the Clapham Park Road at twenty minutes to five—I contradicted the gentleman who told me, and he turned and told me he saw him at twenty minutes to five.
Re-examined. I left the house about seven or eight minutes after, and saw you brushing your hair; it must have been past five before I left the house; I would not say to a minute after I looked at my watch. (The COMMON SERJEANT directed the witness to fetch his book and time-sheets.)
MARY EVANS . I live at 21, Park Place, Clapham—I am a domestic servant, by the week, not regular—the prisoner is my brother; I live with him and my father, and a married sister and her husband—I was living there on 27th January—I remember the officer coming to search the room on Saturday, 28th; it might have been between three and four—there was no one in the house; he walked in without knocking; he did not show any warrant—he asked for my father—I said he was lying down—he said, "Has he come home drunk?"—I said, "Certainly not"—the detective was very insulting—the prisoner came home in the afternoon about half-past three; I was there all day—the plumber and the other workmen came in about half-past four or a little later—Mr. Mead asked me for a light, as it was getting rather dark—they left about five, or five or ten minutes past—the prisoner left between ten minutes or a quarter-past, it might have been later; that was the last time I looked at the clock—he left in plain clothes.
Cross-examined. My father's name is Evans—a gentleman my brother worked for advised him to change his name when he came out of prison last time—my sister and I both went to Mead and Adams—we asked
them if they remembered the day, Friday, and they did after we had asked them—I gave the candle to Mr. Mead, I am sure of that—he did not bring it back to me, he left it where he was working—we lighted up about ten minutes before; we have a clock on the mantelpiece—the prisoner went to do his round on the Thursday night—he came in on the Friday about seven—he left to go to the Post-office between seven and half-past—he changed his clothes, put on his uniform, and went out—he generally had his dinner out—he did not come in till half-past three—he was then in his postman's clothes; he changed just before he went out, at ten minutes past five—he often went out in plain clothes of a morning.
By the COURT. Between his mid-day delivery and the evening he generally slept for a few hours, having to get up at half-past four in the morning—he would come back from his mid-day delivery about half-past three—I called him daily that week; I roused him at seven, unless he came down himself—on the 27th at ten minutes past five he said he was going out to see a friend—he did not ask me to call him, he laid down in the same room on the sofa; he did not always go to bed; sometimes he laid down upstairs, and sometimes down.
F. C. CARTWRIGHT (Re-examined), I did not make a note of the times at which I was watching the prisoner—I am quite sure it was twenty minutes to five when I saw him on the 27th January, and not later, because I looked at the clock in the Clapham. Road—I was following him, and it was twenty minutes to five, or thereabouts, not by the church clock, a clock opposite, a jeweller's, I think—I asked the witness to put the time on the order, and she put 5. 15—it would take me about half an hour to go to this house—there are four stations, and then a little distance to walk to the Post-office—I should think it would take about ten or eleven minutes to go from the Borough Road to that station.
HENRY JAMES MEAD (Re-examined by the COURT). My daughter does my booking; a great deal is booked from the time-sheets—the plumbers' time-sheet for that week is here—I do not book the time of calls, only the number of hours; the book does not contain the hour the men go in and come out, only the length of time a man has worked—the man makes the entry on the time-sheet—the entry on the man's time-sheet relating to the 27th is: "At Park Place, Clapham; burst pipes at three houses; time, two and a half hours, 2s. 1d."—we knocked oft at half-past six on the 27th—we went to No. 21 first, but we had to go from Sandmere Road, and we reckon twenty minutes to walk—we were at Sandmere Road about two hours that day—altogether we were two and a-half hours at the three houses in Park Place—two and a half hours' start from the time we left Sandmere Road, and we left there at ten past four, and got to 21, Park Place at half-past four—there is no time put against Sandmere Road in my plumbers' time-sheet—in the book is: "27th and 28th, Miss Mills, 21, Park Place, three and a half hours"—I have not booked last Tuesday, as it is a job that was not completed.
Prisoner's defence. I could not have done' this, as my witnesses testify I was in my house at five o'clock; I could not have been in the Borough and in my house at the same time too.
prisoner at twenty minutes to five in Clapham Park Road he had on a hat similar to this, but with a wider brim and higher crown, a dark overcoat, which came about to his knees, and the same trousers as he had in the morning, not uniform trousers; there was no stripe down them—I could not see what coat, he had under his overcoat.
The prisoner then PLEADED GUILTY to a conviction of felony in May, 1887. A police officer stated that since his conviction he had been in the Army.
Eighteen Months' Hard Labour.
MR. BIRON and MRHAVORY Prosecuted.,
Cross-examined by the prisoner. I engaged with you that orders should be subject to my approval—I never paid you any commission unless I was satisfied—I put every one of them through the Trade Protection Society before sending them off—I ascertained that Rice was respectable—you said that you were travelling in biscuits—I went to Staab's shop and was satisfied—it was two months' credit. FREDERICK SHEETHER repeated his former evidence. (Seepage 229.)
Cross-examined. All the orders I sent were subject to my approval—I paid you 10s. a week towards your expenses—I sent you letters asking you to go and induce customers to return who had left you—you wrote to me telling me to countermand Harland's order to Croydon, but I did not do so.
Re-examined. I did not say that I had not had any soap sent back by the police from Harland's.
CHARLES SMITH . I am a carman, of Peckham—the prisoner introduced Borrows to me and my father—I have seen the prisoner with Harland and Blackman, who I saw here at the December Sessions, and a man named Jack Dove—they were on very friendly terms—Mr. Jackson's shop is next door to one of our shops, and I have seen goods delivered there in the morning and sent out in the afternoon—I have not seen the prisoner there.
ARTHUR BRYAN . I am a china and glass merchant, of 135, Lower Marsh, Lambeth—in September I let a shop, 133A, Lower Marsh, to Jackson at £1 a week—he came in at the end of September and stayed till June, 1892—he paid his rent very regularly—I saw Taylor there.
ARTHUR JOHN GAWRY . I am one of the firm of Malkin and Gawry, solicitors, of Cannon Street—I let the premises, 2, Havill Street, to a man named Borrows, who gave me Haydon and Blackman as references—William Garland was a witness to his agreement.
FREDERICK WILLIAM SMITHERS, WALTER HENRY BIGGS, THOMAS GEORGE FELLOWS, EDGAR GARRARD, ARTHUR WILLIAM EASTWOOD, WILLIAM WEBSTER, WILLIAM RAPP, GEORGE CHILD, WLLLIAM HENRY BURGESS , and JOHN LAIRD CAMPION repeated their former evidence.
Cross-examined. Borrows did not pay £15 in cash—I took his bill—I did not take his acceptance for the balance, I only took his word—I gave you credit before I received the letter on the faith of my expectations.
By the COURT. He first gave me an acceptance for £15, and then he gave me £10, and afterwards he gave me an acceptance for £21 19s. 5d.—after he paid me the £10 he got a lot more goods from me.
WILLIAM WILLIAMSON (Police Sergeant). I took Borrows on 16th August; I afterwards knew him as Stone—I found in his shop a book with the names of Haydon, Symons, and Garland in it—Symons' address in it was 120, Gloucester Road, Camberwell—I afterwards arrested Rice, and found a book with the names of the men tried here in December.
THOMAS BROCKWELL (Police Sergeant). On August 16th I arrested Jarvis at 44, Long Lane, Bermondsey, and found there some circulars of E. Symons, 120, Gloucester Road, Camberwell, an envelope with the same address, and a book containing payments to Salisbury, Haydon and Symons—on August 31st I obtained a warrant for Symons' arrest, but could not find him at 120, Gloucester Road; I found his wife and family—I went there several times—his wife said he had gone to Australia—towards the end of December I found he was in custody at Peckham Police-station—the inspector read the warrant to him for conspiring with divers other persons, and obtaining goods—he made no reply—he had been arrested at Brixton by another officer.
Prisoner's defence. I never sent out a single order unless it was subject to scrutiny—when I gave the reference to Borrows, I did it in good faith; I have held a first-class position, and have been a traveller forty-six years; I am now sixty-six, and no man could work harder than I have—every one of these men is a stranger to me—all these orders were sent to the Trade Protection Society before they were sent out.
GUILTY — Three Years' Penal Servitude.
MR. HUTTON Prosecuted, and MR. CONNELL Defended.
NOT GUILTY .
ADJOURNED TO MONDAY, MARCH 6TH 1893.