CENTRAL CRIMINAL COURT
SIXTH SESSION, HELD APRIL 10TH, 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
CENTRAL CRIMINAL COURT,
Held on Monday, April 10th, 1893, and following days.
BEFORE the RIGHT HON. STUART KNILL, LORD MAYOR of the City of London; the Hon. Sir LEWIS WILLIAM CAVE , Knt., and the Hon. Sir JOHN COMPTON LAWRANCE , Knt., two of the Justices of Her Majesty's High Court of Justice; Sir JOHN WHITTAKER ELLIS, Bart., M. P., Sir JOSEPH SAVORY , Bart., M. P., Aldermen of the said City; Sir CHARLES HALL , Q. C., M. P., K. C. M. G., Recorder of the said City; HORATIO DAVID DAVIES , Esq., ALFRED JAMES NEWTON , Esq., JOSEPH COCKFIELD DIMSDALE, 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. SIXTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, April 10th, 1893.
Before Mr. Recorder.
369. PAUL KRULL (33) PLEADED GUILTY to feloniously uttering a forged request for the delivery of sixty reams of paper, with intent to defraud; also to unlawfully obtaining 10s. by false pretences from August Koenig.— Eight Months Hard Labour .
370. HENRY STONE (23) , feloniously breaking and entering the dwelling-house of Christopher Michael Peacock, and stealing two coats and other articles, after a conviction at this Court in 1891.—** [Pleaded guilty. See original trial image.] Fifteen Months'Hard Labour.
MR. PARTRIDGE Prosecuted.
KATE JACKMAN . On 9th September last I was barmaid at the Baxendale Arms, Columbia Road East—the prisoner came in and asked for half a pint of four ale, and tendered a two-shilling piece—I tested it and found it bad—I spoke to my master, Mr. Wood, and he fetched a policeman and gave the prisoner in charge—this is the coin he gave me.
CHARLES WOOD . On 9th September I saw the prisoner in my bar—Miss Jackman made a communication to me—I asked the prisoner how he came to tender a bad two-shilling piece—he said he was not aware it was bad—I said, "If you can't give me an explanation I will have you locked up"—he wished to leave the house for a purpose—I let him go through into the yard; he wanted to go into the street—I sent for a constable.
GEORGE MURRAY (369 H). The prisoner was given into my custody for uttering this two-shilling piece—he said nothing at the timer—I took him to the Station—he gave his name as George Brown—I found on him a penny pad a knife—he was taken before the Magistrate, and there
being no other case against him he was discharged—he said at the Station that the florin was given him for pulling a barrow.
FRANK FARNHAM . I am shopman to a corn chandler at 252, Commercial Road—on Tuesday, 24th February, about three p.m., I saw the prisoner in the shop; he asked for one pennyworth of bird seed—I served him; he tendered this two-shilling piece in payment—I tested it and found it was bad—I took it to my master, Mr. Biggersdyke, who came into the shop and asked the prisoner if he knew it was bad—he said "No"—he said, "Where did you get it from?"—he said he had been "on the booze," and did not know—I saw two men outside, and one of them came into the shop, took the prisoner by the arm, and pulled him out, saying, "What are you doing here?" leaving the coin and the bird seed behind—I went out after them—I saw the prisoner; he was walking like a drunken man (he was all right when he came in)—the other two had gone—he was taken to the Station.
WILLIAM BIGGERSDYKE . Farnham spoke to me and showed me this two shilling piece—I broke it, and went to the prisoner and said, "Have you any more like this?"—he said, "I don't know, I have been boozing"—I asked where he lived—he said at 33, Watney Street—I had suspicion and sent for a constable, but before that a man came into the shop and said, "What are you doing here?" and took him by the arm and took him out—the constable afterwards brought him back and searched him, and found about 5s. on him, 21/2d. in bronze, and some sixpences—I said to the prisoner, "Why did you tender the two-shilling piece while you had all this small money?"—he said nothing.
JOHN POTTERTON (229 H). I was called and went with Farnham in search of the prisoner—I saw him in Baker Street, about 70 or 100 yards from the shop, with two other men—the two saw me and decamped—I took the prisoner back to the shop, where I searched him—I found on him eight sixpences, two shillings, a half-crown, and 21/2d. in bronze—he had been drinking, but was not so drunk as he pretended—I asked his name; he said, "George Bryan, St. George's Chambers, St. George's, Ratcliff"—I went there; he did not live there.
The prisoner's statement before the Magistrate: "I changed a sovereign on the 24th early in the morning, and do not know where I got the bad money from. I did not know it was bad, or I would not have passed it.
Prisoner's Defence. I had been drunk from six in the morning for two days. I had been a teetotaller for six weeks, and saved 30s. I was very drunk, and did not know it was bad, or I would not have tried to pass it.
He was further charged with a previous conviction of uttering counterfeit coin in the name of George Cole on 2nd February, 1885, to which he pleaded
WALTER HURRELL . I am a warder at Clerkenwell—I have known the prisoner a considerable time—I was present at this Court on 3rd February, 1885, when he was convicted as George Cole of uttering two counterfeit sixpences—he is the man—I produce the certificate; he served his time at Holloway.
Prisoner. You never saw me convicted of uttering counterfeit coin—
I was never convicted till 1888. Witness. Yes, you were convicted in 1888 and 1889, and three times in 1892—I have known you while serving your variousterms of imprisonment, and have no doubt you are the man.
The JURY, however, acquitted him of the previous conviction, the effect of which was to void the conviction on the substantive charge, and a verdict of
NOT GUILTY was taken.
The RECORDER directed an indictment for misdemeanor to be preferred.
(See page 661.)
MR. BROMBY Prosecuted.
HENRY GEORGE EXTON . I am a labourer, of 19, Cadogan Street, Chelsea—on Saturday evening, 18th March, about half-past seven, I was in the Rose and Grown, Marlborough Road, Chelsea, playing at coddam till about ten—I had 12s. in my pocket; I spent and lost about 7s.—about ten I went out and stood in the road for about five minutes, and all of a sudden I was knocked down on my back; I could not see who by—I was turned over and someone got on my legs—two held me and two took 5s. out of my left trousers pocket—I could not see who did it, but I saw the four prisoners standing at the door—a policeman came up and I was taken to the hospital; the bone of my ankle was broken—I am still suffering, and cannot work or walk—I told the Magistrate that it was the prisoners that did it—I picked them out as the men that robbed me.
Cross-examined by Jaques. While playing coddam in the public-house I did not take up the money and run away with it—I dropped a halfpenny And picked it up.
HENRY JEWELL . I am twelve years old, and live at 16, St. Ives Street—on Saturday evening, 18th March, about ten, I was standing near the Rose and Crown—I saw the prosecutor standing there, and saw a lot of men rush out of the beer shop, knock him down and kneel upon him—one held his hands while the other two felt down him, and the third man took all his money, about 5s., and they came down against our window and shared it between them—a shilling was left on the window-sill for about five minutes, and then one of them came and took it—that was Pickering—I recognise ail the four prisoners as the men that knocked the man down; I picked them out at the Station—Williams took the money out of the man's pocket—I was standing against a fish shop—Norton held his hands.
REGINALD FREDERICK BERRY . I am a surgeon at St. George's Hospital—the prosecutor was brought there; he had a large bruise on the leg, and a small bone was broken; it might be caused by a fall—he was not kept in the hospital—it will take about two months before it gets better—he had been drinking, but was not drunk.
Witnesses for the Defence.
WILLIAM COLLINS . I and the prosecutor were playing at coddam for 18d.—I gave the money to Jaques to hold—I put a 6d. on the table; it rolled off, and Pickering picked it up and gave it to Exton—there was a little bother about it—Exton said he had not got it—Pickering said he
had—he was going outside and fell down and said, "Oh, my leg," and I came inside—I am a labourer, and work for builders—I did not see anyone rob the prosecutor; I was inside the house, and they were outside—I acted as stakeholder, and kept the score and the money.
JAMES BOND . I am the landlord of the beerhouse—I was serving in the bar—I saw nothing of this occurrence—there were about 200 people in the road and quite twenty in the bar—I saw Pickering there treating a young man—I know Williams and Jaques by sight—I had not seen them playing; I had my business to attend to—I saw Exton come in; he wanted a game of dominoes—I said, "No; I have been forbidden by my brewers to allow it"—I did not see Exton go out, and I saw nothing that occurred outside.
NOT GUILTY .
There was another indictment against the prisoners for an assault upon Exton, on which no evidence was offered.
NOT GUILTY .
NEW COURT.—Monday, April 10th, 1893.
Before Mr. Common Serjeant.
375. JOSEPH RILEY (17), JOHN RYAN (17), NELLIE GILES (19), CHARLES TURNER (23), WALTER CLOSIER (20), and CAROLINE TURNER (18), Feloniously having in their possession a galvanic battery, knowing that it had been used, and was intended to be used, for making counterfeit coin, to which
RILEY and CHARLES TURNER PLEADED GUILTY .
MR. WILKINSON Prosecuted.
MARY ANN SYLVESTER . I live at 16, Red Hill Street, Regent's Park—on January 14th Giles came and looked at my back room first floor, which was then occupied—she gave her name as Riley—I said the rent was 3s. 6d.—she said she would bring her husband, who was a tailor, to look at it—she came again with Joseph Riley, and they agreed to take the room—they came in on Saturday, the 16th—the boy (Ryan) helped in with the furniture, and I understood he was Mrs. Ryan's brother—Giles and Riley remained till February 22nd, when the officers arrested them—Ryan came nearly every day—I asked him if he was there all night—he said, no; he came in and out and went on errands for his sister—the bell rang twice for callers for Riley, and the boy answered it, but I occasionally did so—I have seen Charles and Caroline Turner come, and Closier, and I have seen them there when I have not let them in—the Rileys were at home in the mornings, and they saw visitors again in the evenings—they were up very late, and they have been up late when visitors were there—I never went into the room while they were there—I spoke to Mrs. Riley about being up late—she said she was suffering from faceache and neuralgia—Charles Turner was often there.
Cross-examined by Closier. I am positive I have seen you there—I saw about a dozen people in a row at the Police-court, but did not pick you out, but when you were charged before the Magistrate I recognised you.
Charles Street, Tottenham—they came about Whitsuntide, and left in October, and two or three months afterwards they came and asked for another house, and I let them No. 11—I know that they went there.
STEPHEN WHITE (Police-sergeant S.) I have, with other officers, watched 16, Bed Hill Street, since January 14th, and 14, Edward Street, since the end of November—Riley and Giles lived at 14, Edward Street, before going to 16, Bed Hill Street—I have seen the six prisoners frequently together—I have seen them all at Bed Hill Street except Closier, and frequently in the street before and after they went to No. 16—I executed the search warrant on 27th February at 16, Red Hill Street, and found Riley, Giles, and Ryan all in the same bed between six and seven a.m.—I told them we were police officers, and that we had a warrant to search the place—we found a bag under the bed, containing a ladle with a quantity of white metal in it, two sheets of plate glass, two mould frames, two brushes, two pieces of copper, a large block of carbon, a porous cell, two brass lamps, a zinc cylinder, and two stamps—the bag was locked—I said to Giles, "Where is the key?"—she said, "You will find them on Turner, the man who brought them here last night"—I saw a second bag found; I broke them both open—I took Ryan and told him it was for having in his possession implements for making counterfeit coin; he made no reply—I then went with Inspector Stannard and Sergeant Parsons to 11, Charles Street, Tottenham, and as we approached I saw Closier come out—he saw me, and went into the doorway of No. 10—he then went back to No. 11, and closed the door—I knocked at the door several times, and heard a great commotion in the house; it was seven or eight minutes before we were admitted—Charles Turner opened the door—I said, "I want to see the landlord of the place," and then I saw Closier—I asked him his name; he said, "Turner"—he was in the kitchen—I said, "I am a police officer, I am going to search the house; who are you?"—he said, "I am the landlord, I will assist you to do it"—Caroline Turner was there, and I said, "Who is this woman?"—he said, "That is my wife"—I went into the wash-house and found two packets of plaster of Paris, and in the kitchen an outside cell of a battery, a zinc cylinder, and some emery paper—in the back room ground floor I found eight bottles of acid in solution, a quantity of quicksilver, and a box containing sixty-nine good farthings—I took Closier to the Station—on the way he said, "I am not the real landlord of the house, me and my brother keep the house between us"—on the 27th I made a second search with Inspector Standard, and in a room upstairs, which had been used as a kitchen, I found a packet of silversand, and there was silversand in the sink and under the grate, some pieces of metal, and other things used by coiners—I found other things in a cupboard; it is a six-roomed house, not fully occupied—some days afterwards I examined the second bag and found in it five good half-crowns and five good florins—on March 2nd I saw Caroline Turner outside the Police-court, when her husband was under examination—I arrested her, and told her she would be charged with being concerned with Turner, Ryan, and others in manufacturing counterfeit coin—she said, "I may as well be in as out"—I took her to the Station, and Mr. Gladys came and identified her.
with the other officers—I found in a cupboard a large parcel of plaster of Paris, and in another box fifty counterfeit florins, in five packets of ten, wrapped up, with paper between each coin—Giles turned to Riley and said, "You b——fool, why did you leave that there?" referring to the plaster of Paris—I took it from the cupboard and put it on a table—I went the same morning with the other officers to 11, Charles Street, and found Charles Turner in bed on the ground floor—he was supposed to be Caroline's husband—I told him I was a police officer, and he would be charged with the others—he said, "It is a mistake; I know nothing about it"—I said, "You are concerned with others in Red Hill Street"—he said, "I do not know where Red Hill Street is"—I found on him a ring with three keys on it, one of which fitted into the lock of one bag, but did not turn it—the bag had been broken open before—I found at Charles Street a bath used for electro-plating and a glass containing quicksilver.
GEORGE CRESSWELL (Detective Officer). I took part in the search and found the second bag under the bed with fifty half-crowns in it and fifty one bad florins, each wrapped up separately, a quantity of metal, a bottle of quicksilver, several pieces of copper wire and some files—there were three half-crowns, a bowl, and some plaster of Paris in the same cupboard—I took Giles at 16, Red Hill Street, and told her the charge—she said "I shall not put up with it"—I have seen all the prisoners together twenty or thirty times when I was watching in Little Edward Street, and I have seen them all six at Red Hill Street—three of them lived there, and the other three went there many times from Charles Street.
WILLIAM JAMES . I am assistant to Mr. Baker, a clothier, of 137, Tottenham Court Road—on 24th December I saw Giles served with a gentleman's bow, price 1s.—she tendered a 5s. piece to the cash boy, who handed it to me—I took it to a jeweller's opposite, who tested it and broke it in half—I went back. and told her it was bad—she said she did not know it, and tendered a good half-sovereign—the charge was not gone on with—I gave the pieces to the inspector.
KATE MCGILL . I am a wardrobe dealer, of 104, Cleveland Street, Fitzroy Square—I have seen Giles there several times—on 14th January she bought a dress bodice for 6d.—she gave me this half-crown; I was very doubtful about it—she said it was always good if it rang well—I gave her the change and she left—I afterwards broke it in the tester—she passed my shop four or five days afterwards and I ran after her and said "You gave me a bad half-crown last Saturday and you must be summoned"—she said she only had 11/2d. on her, but promised to bring it next night—I was at my door the next night and she said, "I have not got that, but I will bring it to you"—she has never brought it.
Cross-examined by Giles. You did not come on the Saturday afterwards and pay me 1s.—I never saw you afterwards.
HERBERT GLADYS . I am a grocer, of 25, Red Hill Street, Regent's Park—I have seen Caroline Turner in the shop—on January 26th she bought a quarter-pound of German sausage, price 2d., and gave me this bad half-crown—I called her attention to it—she said that a gentleman gave it to her last night, and she was leading a gay life—she left the sausage and the coin—I informed the police, and on the Thursday afterwards identified her at Albany Street Station among twenty others.
ROBERT JOHN DOREE . I live at 7, William Street, Hampstead Road, and know Ryan by sight—about January 21st I saw him in St. John Street Road—he asked if I should like to earn Id.—I said "Yes"—he said "Go to Edwards' and get me half-an-ounce of bird's-eye," and gave me a half-crown—I went there and gave the half-crown to the assistant, who said something and we went out, and saw the prisoner standing by the bank—I said that the man wanted him, but did not say that the half-crown was bad—he said, "My master, my master," but did not go to the shop.
WILLIAM JOHN WEBSTER . I am Inspector of Coin to the Queen's Mint—I have examined one hundred half-crowns and one hundred florins of different dates and moulds; they are all counterfeit—those bearing one date are chiefly from the same mould, and are wrapped in soft paper with a layer between each—they are all finished except the rubbing off the black powder—five half-crowns and four florins found in the bag are good and have been used as pattern pieces for the moulds in which the coins were cast—I have also seen some zinc and sulphuric acid and a cell forming a Bunsen's battery, some moulds, jets, a bath, two sheets of glass on which moulds are made, some silversand and other articles used for coining, also sixty nine good farthings, which have nothing to do with the case as far as I know—all the articles found are what I should expect to be in the possession of persons engaged in the manufacture of coin—the three coins uttered are from the same mould as some of the others.
Ryan produced a written defence, stating that he had run away from home, and met Riley, and slept at his house four nights, and used to watch him making money, but had nothing to do with it himself. Giles, in her defence, stated that Turner brought in the bags and asked them to mind them, and afterwards called and took something out, and site knew nothing more till the detectives came. Closier produced a written defence, stating that he met Turner, who said lie felt ill, and went home with him and slept on the floor, and the detectives came in the morning and took them both, and that he had never been in diaries Street before.
RYAN— NOT GUILTY .
GILES, CLOSIER, and CAROLINE TURNER— GUILTY .
RILEY** and CHARLES TURNER**— Ten Years each in Penal Servitude .
RYAN —Discharged on recognisances. GILES— Twelve Months'Hard Labour.
CLOSIER— Three Years Penal Servitude .
CAROLINE TAYLOR— Nine Months Hard Labour.
377. HENRY CHARLES WILCHER (21) , to three indictments for stealing while employed in the Post Office three letters containing postal orders, stamps, and three half sovereigns, the property of Her Majesty's Postmaster-General — [Pleaded guilty. See original trial image.] Eighteen Months' Hard Labour.
378. GEORGE DAVIS (24), GEORGE COOK (19), and HENRY BROWN (17) , to breaking and entering the ware-house of Joseph Bardsley Gaskell, and stealing a roll of velvet and half a gross of buttons; also to breaking and entering the warehouse of James Alcock, and stealing a knife and fork and other articles, Davis having been convicted at Clerkenwell on October 10th, 1891; Cook at this Court on March 7th, 1892, and Brown at this Court on 17th October, 1892. [Pleaded guilty. See original trial image.]
DAVIS** and COOK**— Three Years each in Penal Servitude . BROWN*— Six Months Hard labour.
CONWAY**— Six Months' Hard Labour .
GILES— Discharged on recognisances . MR. PARTRIDGE, for the prosecution, offered no evidence against
WHALE. NOT GUILTY .
OLD COURT.—Tuesday, April 11th, 1893.
Before Mr. Recorder.
381. MAUD ELLISTON (18) and HENRY KIDD PLEADED GUILTY to burglary in the dwelling-house of Charles Joseph Cassiani, and stealing two coats and other articles. KIDD having been convicted of felony— Six Months' Hard Labour .ELLISTON— Discharged on recognisances.
382. EDWARD LEATHERBARROW (19) , to burglary in the dwelling-house of George Wood, and stealing four shillings, his moneys; also to a conviction of felony in October, 1890— [Pleaded guilty. See original trial image.] Nine Months' Hard Labour.
383. CHARLES BURGESS** (25) , to burglary in the dwelling-house of Edwin Charles Snell, with intent to steal; also to a conviction of felony in April, 1889— [Pleaded guilty. See original trial image.] Three Years Penal Servitude.
384. JOHN ROACH (30) , to burglary in the dwelling-house of Henry Cohen, with intent to steal therein, and also to a conviction of felony in November, 1892— [Pleaded guilty. See original trial image.] Nine Months Hard Labour . And
(385) JOHN GEORGE LUFTON HARRIES (23) , to stealing £14 16s. and £2 2s., the moneys of Grant Heatley Tod Heatley, his master; also to embezzling bankers' cheques for £23 and £4 6s., and to two indictments for forging and uttering the; same.— [Pleaded guilty. See original trial image.] Recommended to mercy by the prosecutor. Discharged on recognisances, his relatives undertaking to send him abroad.
NEW COURT.—Tuesday, April 11th, 1893.
Before Mr. Common Serjeant.
386. ARCHIBALD EDWARD WITHINGTON (22) PLEADED GUILTY to unlawfully obtaining by false pretences a pin, value £10, from George James Godwin, and £4 and £2 from Alfred Exthan, with intent to defraud. — Judgment Respited.
387. THOMAS GLEDHILL (16) and THOMAS BELCHER (14) , to breaking and entering the dwelling-house of Mary Lockyer, and stealing a bag and a pin, the goods of John Reynolds, and a bag and other articles of Frederick Webb.
[Pleaded guilty. See original trial image.] GLEDHILL*— Judgment respited . BELCHER*— Ten Days Imprisonment and Three Years in a Reformatory.
MR. GILL Prosecuted.
The prisoner being stone deaf, and refusing the aid of Counsel, was allowed to watch the evidence by the aid of the depositions.
HENRY ARTHUR LANE . I am a merchant, of 15, Fleet Lane—the prisoner was in my service some years—I discharged him for good reasons, since which I have befriended him in many ways—this letter is in his writing—it was brought to my place of business on March 13—it asks me to give him £10 in exchange for a parcel which he had, and stated that if I did not, documents would be posted to Chicago and other places—I refused, and consulted Messrs. Wontner.
ROBERT OUTRAM (City Detective). I arrested the prisoner on March 14th at 12, Great Coram Street—finding him deaf, I handed him my card and the warrant, which he read, and said, "This is true all that I have written; this is a copy of the letter," handing it to me—he became very excited, and took out this other letter which he was about to post, and' said, "This is to prove I am no liar"—I found a cartridge on him, and wrote on a piece of paper asking him if he had a revolver—he said, "No"—while he was changing his clothes I searched a drawer and found a six-chambered revolver loaded in five chambers; he said, "That is not for Mr. Lane; that is for me when I cannot get any work," pointing to his head—he handed me several papers, saying that they contained his. defence.
The prisoner, in a written defence, stated that one of the papers in the bundle showed the cause of his dismissal, namely, that the manager had found out that he had passed an account as correct which was in reality fourpence halfpenny or fivepence too much, and instead of pointing it out to him took it, through ill-feeling, to Mr. Lane, who discharged him after ten years service, but afterwards took him back at an enormously reduced salary, but was again dismissed for not finishing his work in time, and that, being in debt, lie wrote to Mr. Lane offering him for £10 documents which he was going to send to Chicago.
GUILTY. Recommended to mercy by the JURY . Judgment respited
The evidence in the former case was repeated. (See page 655.)
GUILTY — Twelve Months Hard Labour.
GUILTY — Six Weeks Hard Labour.
393. ROBERT POTTER (30) and ALFRED READ (27) , Breaking into the dwelling-house of Frank Campbell, and stealing three boxes of cigars, thirty-seven packets of tobacco, and 5s. 8d., and afterwards burglariously breaking out.
READ PLEADED GUILTY — Judgment respited.
No evidence was offered against
POTTER— NOT GUILTY .
MR. HUTCHINSON Prosecuted.
JOHN LAWRENCE . On 8th March, about 12.30 p.m., I was in Fulham Road—the prisoner asked me for assistance, I gave him 2d.—he immediately struck me on the face with his fist and snatched at my watchchain; it broke, and he got half of it—I seized him by the throat and held him till a constable came—this is part of the chain that was left, the other part has not been found—I had no watch on, only a key—it was a very heavy blow, just on my temple, and my arm was nearly dislocated—I had to be helped on with my coat for six days; it is all right now—my head ached next morning; the skin was not broken.
STEWART HUTCHINSON (298 B). On 8th March, about 12.35 a.m., I saw Lawrence holding the prisoner in Fulham Road—he was struggling to get away—Lawrence gave him into custody for striking him and stealing part of his chain—they both appeared to have been rolling on the ground—the prisoner said that Lawrence must have been mistaken, that he had never seen him before.
Prisoners Defence. I am absolutely innocent; I was simply walking home, and until the prosecutor threw himself upon me I had never seen him.
GUILTY . He then
PLEADED GUILTY** to a conviction at Clerkenwell on 18th June, 1888.— Five Years Penal Servitude.
ANNIE TISDALE . I am servant to Mr. Shepherd, manufacturing jeweller, of Fulham—on 23rd March I went to bed about 10.30, leaving the house shut up and all the doors and windows locked—only one other servant and my master were on the premises—I came down at seven and found the kitchen window half open, and things taken out of the drawers and thrown into the back garden—all the cupboards were open; I missed this teapot and toast rack.
MARGARET BOWEN . I am servant at 4, Garden Row, Fulham—on the morning of 23rd March the prisoner knocked at the door and asked if I would buy a teapot—my mistress came down and asked how much he wanted for it—he said 6d. for the two—she refused, and he said I might have the teapot for 2d.—I said I must not, I should get into a row, and he went away; these are the articles.
JOHN FLEMING (Inspector). On 26th March I examined the prosecutor's premises—an entrance had been effected by inserting something between the sashes of the kitchen window and pulling back the catch, and there
was room for a man to get through; it is a large window—the same evening, at eight, I met the prisoner in King's Road, and said, "I shall take you into custody for committing a burglary on the night of the 23rd"—he said, "I know nothing about it"—I said, "Two witnesses will prove that you offered the teapot and toast-rack on the morning of the 24th"—he said, "I can prove how they came into my possession"—he then retracted and said, "I know nothing about it"—when the Magistrate asked him he said, "I found the things, and I did offer them for sale."
The prisoner's statement before the Magistrate, and in his defence: I never took them, I never stole them; I picked them up and tried to sell them.
GUILTY . He then
PLEADED GUILTY to a conviction at Clerkenwell on 1st December, 1889, and seven other convictions were proved against him.— Five Years Penal Servitude.
OLD COURT.—Wednesday, April 12th, 1893.
Before Mr. Justice Lawrance.
Mr. GEOGEGHAN, for the prosecution, offered no evidence.—
NOT GUILTY .
MESSRS. C. F. GILL and GUY STEPHENSON Prosecuted, and MR. THOMPSON Defended.
EMILY MOSS . I am the wife of Thomas Moss, labourer; we live at 16 Bernard Road, Tottenham—we used to live at 23 Herbert Road, Tottenham, and the prisoner came there as a lodger in April 1891: she had the first floor front room, for which she paid 2s. 6d. a week—she had a boy Wilfrid eight years old; a girl Grace, six years old; and a little boy Archibald aged about two—the prisoner received money once a month, she said it was £3 a month; I do not know for certain what it was—she occupied her time in looking after her children—she was very kind to them, and they were well looked after and well fed—she gradually got into arrears with her rent—she had borrowed money from me from time to time—on 1st March she paid me 13s. off the borrowed money and 12s. 6d. for rent-after that she owed me seven weeks' rent; it would have been eight weeks on the following Monday—on 9th March we left Herbert Road—on the 6th March I gave her notice which would expire on 13th, because we were leaving the house—she said, Here is a pretty hole you have put me in now, leaving after I have paid you; but I daresay I shall get over that the same as I have not over her things"—on Thursday, 9th, we moved out of the house, leaving it empty, except as to her room—the last time I saw her was early on the morning of the 9th; she was left alone in the house with the
children, who were all right at that time—I afterwards heard of the child being found dead.
Cross-examined. She lived with us for a year and ten months—she used to get very short of money at the end of the month—I cannot say what she received—she did not complain that her remittance did not come regularly—she used to break up her furniture for firewood—she pawned some of her clothing—I don't know if out of the remittance she received on March 1st she paid the baker £1—I am not aware that she took anything out of pawn—I was last in her room on Sunday, March 5th—she then had more than one bedstead, bedding, chair, tea-tray, hair brush, knife, jam pot, and a black bag; she had not much more—two years ago her room was comfortably furnished—when I went away the house was empty except for her small quantity of furniture and she and her three children—only one gentleman came to see her and she called him her father—she never told me he sent her money—she was a sober woman.
Re-examined. The gentleman who called to see her is in Court now.
EMMA MORBY . I live at 24, Newton Road—I have known the prisoner for some years—she used to live next door to me—I visited her from time to time when she lived with the Mosses—the last time I saw her before this happened was a Saturday, I believe, I do not remember the date; I went to her room—she said she was going to Clapton Pond, and I understood she was going to reside near there—one of the children said they were going there, and the mother laughed; she said her address would be Clapton Pond, I think she meant near it—something was said about her father's house in the country; it was mentioned—she said she was going to her father's house, and the children said they were going to Clapton Pond—I bought of her an old couch, an old chair and a saucepan, a wooden bedstead and pallias—I bought what few things there were in the room, and gave her two shillings or three shillings for them, or something like that; I think it was three shillings—I saw the three children then; I think it was about the middle of the day—I saw her then for the last time before this happened—my children fetched the things away the same evening, I think—she did not say when she was going away; I don't think I asked her; I do not remember.
Cross-examined. She seemed hysterical on that occasion—when the little boy said they were going to Clapton Ponds to live she laughed in a peculiar way—I thought they were going to live near there—she said, "Now you have got the full address—her manner was not particularly strange, but she laughed hysterically—I thought it peculiar—I mentioned it to my husband—the furniture was scarcely of any value; it was very wretched, scarcely worth taking away—there was not much in the room; I don't know if anything was left in it after my boys fetched away what I bought—it was a wretched, miserable room, and would be more wretched and miserable when the things were taken away—the prisoner was a kind mother to her children—I visited her very occasionally, but, so far as I knew, she lived at home very quietly.
PETER HAGAN (Sergeant 25 N). At quarter-past seven a. m. on 12th March, I was on duty at the Tottenham Police Station when the prisoner entered the office, and, pointing to the door, said, "What am I to do with these two children? I have killed the baby"—I went to the door, and outside it found two children—I asked the prisoner if she was aware of
the serious accusation she was making against herself, and she replied, "Yes, I have come to tell you I killed the baby by tying a handkerchief round its neck. Will you take care of these other two for me?"—I said, "Where have you been living?" and she said, "At 23, Herbert Road; if you want to get in you must go to Mrs. Moss at 16, Barnard Road; she will give you the key. But there, you need not do that, as I have undone the front parlour window, and you can get in there"—I allowed her to sit down, and sent for Inspector Powell and the divisional surgeon—I went to the house with Powell and entered at the window.
Cross-examined. The prisoner seemed very fond of the children—it was a wretched room in which she was living.
JAMES POWELL (Police Inspector). At a quarter to 8 a. m. on 12th March I went to Tottenham Police Station, where I found the prisoner and two children, aged, I was told,' six and eight—she made this statement—I wrote it down and she signed it: "I have killed my baby, I murdered it, I suppose you would call it. I tied a handkerchief round its neck and strangled it. My child would be two years old on 25th of this month. It was a boy. The child is in the top front room. I have burnt all our clothing except what we have on. I did mean that you should find us all, but I had not got courage enough"—she signed that "M. James," and I countersigned it—I went with Hagan to 23, Herbert Road—Hagan got through the window and let me in—the only furnished room in the house was the first floor front room—I there found the dead body of a male child, apparently about two years old, lying on its right side—blood appeared to have been oozing from its mouth and nose—it was quite dead—it had on a frock and a shirt—Dr. Hall arrived about a quarter to nine and examined the child—I returned to the Police-station and told the prisoner she would be charged with the murder of her child, and she made this further statement, which I took down and she signed: "My two children, Wilfrid, aged 8, and Grace, aged 6, were asleep when I killed the child, and did not know anything about it. I have sold the articles from my house to get something for the children. Last night I sold a kettle, teapot, and bedstead to Mrs. Morby, and bought some fish for the children's supper. Mrs. Morby has been very good to me. After my baby was dead I put him at the foot of the bed, but when the children got up I laid him at the head of the bed, and the children thought he was asleep, but I told them he was dead"—she signed that and I countersigned it—previous to the two statements being made, it was arranged that the two children should be sent to the workhouse, and we were giving them breakfast upstairs—when the charge was read to the prisoner she simply said "Yes"—the room in which we found the child's body was in a very poor state; I found only a bedstead and very poor bedding, a child's chair, a tea-tray, a hair brush, a table-knife, a jug, a jampot, both empty, an old black bag, and three pieces of bread, very dry, on the mantelpiece, and socks and boots for the children—no money was found in the room nor on the prisoner.
Cross-examined. I have made inquiries about the prisoner—her name is Mary Green; she was getting an allowance—I have traced her history back to 1882—she was in domestic service in several situations—I have heard that Mr. James or Jacques was allowing her £30 a year; the first
payment was made about 1887; I gathered that from evidence given at the Coroner's inquest—I don't know if there were earlier payments—the prisoner said nothing about the payments coming irregularly latterly—on two or three occasions at the Police-court she was crying—I noticed that she seemed to be particularly fond of the children—the only food I found in the room was the three dry pieces of bread—I have been to various addresses where she lodged years ago, and found that she bears an excellent character as being particularly fond of her children, and I was told she was formerly a very industrious woman; but recently, and especially during the last two years, she has been very fond of reading, and has apparently neglected her home—she went out very little and never gave way to drink—I have reason to believe that the last payment to her was made on or about 1st March—I heard she sent for ten shillings on account of the instalment falling due to get some food, and that ten shillings was sent to her by postal order—the children appeared to be very hungry, and I gave them breakfast at the Police-station.
WILLIAM HALL . I am a divisional surgeon of police—on Sunday morning, 12th March, I was sent for, and went to 23, Herbert Road, about quarter to nine—I found the inspector there; and in the first floor front room I found the dead body of a male child lying on some bedding—I examined it—there was a mark round its neck, such as would be produced by tying some ligature round its neck very forcibly—there had been bleeding from nose and mouth; such bleeding would be produced by powerful compression of the throat—what I saw then pointed to death from strangulation—afterwards I made a post-mortem—I found intense congestion of the lungs; some of the vessels had burst, and there was blood in the cavity of the chest—the throat and nostrils were gorged with blood—the body was lying on such rubbishing rags that I could not judge whether there had been considerable effusion of blood from the fauces and nostrils—one side of the heart was quite empty; that was a condition I should expect when there had been violence of this kind—it was a remarkably fine, healthy child, and in very good condition—the stomach and bowels were empty—the brain was intensely gorged with blood—all the symptoms were consistent with death Joy strangulation, and pointed to that as the cause of death.
Cross-examined. I am the wife of James Heard, a greengrocer, of 2, Raleigh Buildings, Enfield—I am the prisoner's sister—when she left home she was in domestic service; that was nine or ten years ago, I daresay—she had two fits when she lived at Winchmore Hill, and I will not be certain whether she had two or three when she lived with, us at Enfield—I knew her from a child—she was subject to these fits in her younger years—alter she came out of these fits she would be quite unconscious; she would not know what she was doing—I remember one Sunday when I went to chapel and left her at home—when I got home I met a man coming from the gate—I spoke to my sister about it, because she went into a fit when we got indoors; that was before I spoke to her about it.
Re-examined. By fits I do not mean hysterics—last time I saw her was three years ago—she only came on a visit then, and stayed three or
four Hours; she had a little girl and boy with her—the last time I saw her in a fit is eight or nine years ago.
By MR. GILL. She was never so bad that we had a doctor to see her.
JAMES POWELL (Re-examined by MR. THOMPSON). At Enfield when before the Justices the prisoner had a fit, or fainted, and was taken into the passage of the Court, where she recovered in about ten minutes.
By MR. GILL. She commenced screaming and crying, and appeared to faint, and was taken outside.
ANNIE BOATWRIGHT (Examined by MR. THOMPSON). I live at 32, Angel Road, Edmonton—the prisoner lodged with me three years ago—she had two children—she used to have fits when she lived with me, and she seemed very strange in her manner—she was a very respectable woman.
PHILIP FRANCIS GILBERT . I am the surgeon at Holloway Goal—I have had this woman under observation after her committal for trial—I have spoken to her and she has told me her reason for committing this act—I have found no signs of epilepsy or epileptic fits about her—there is no ground for saying that she is not in her right mind—from all I have seen she is sane.
Cross-examined. I think her destitution and poverty might unhinge her to a certain extent—I do not think it would produce temporary or transitory unconsciousness as to what she was doing—she was in such a wretched, low condition, that I think she might have done things then that she would not do now—I think she might not have had full control of herself at the time.
By the COURT. I think she would know the difference between right and wrong, and that what she was doing was wrong.
GUILTY. The JURY strongly recommended her to mercy. Death.
MR. SHORTT Prosecuted, and MR. GEOGHEGAN Defended.
CHARLES JOHN FLETCHER . I was married to the prisoner in August, 1891—I am not living with her now; we separated last July—I have applied for a divorce—on Saturday, 11th March, I came from Waterloo by the 2. 5 train, and got out at Twickenham—I walked from the station to the house I was living at, and when half-way across some fields I heard footsteps behind me, turned, and saw the prisoner—I waited, and she came up and attempted to catch hold of me—I said, "You had better go away, you will only get the worst of it"—she triad to catch hold of me; I pushed her off, and, as I was living with a friend and did not wish to be annoyed, I made a detour, and got home either at a quarter-past three or a quarter-past four—I gave instructions to the servant, who drew my attention to a woman coming up the path—I gave the servant further instructions, and then walked through the drawing room and conservatory into the garden, where I gave the gardener certain instructions—I saw the servant again in the garden, and gave
her instructions, in consequence of which she went for a constable—I went through the drawing-room into the hall, and saw the prisoner sitting on a chair—I said, "You here? You will have to go"—she said she should not go—wishing to avoid a scene I opened the door, and walked towards the garden gate—I had not got more than a few paces when I heard a shot—I looked round and saw the prisoner with a pistol—I said "You won't frighten me, coming down here with that; it is not loaded. You would be afraid to do it"—she raised it and said, "I will soon show you whether it is loaded or not"—I ran down the path and another shot was fired almost immediately on my turning; I might have got two or three more paces off—the pistol was levelled at me, I have no doubt—I ran on down the path and round a fir tree—the prisoner was close on me—I turned round immediately and caught hold of her, and then she attempted to hit me with the pistol—I said "If you will not go away quietly I shall have to throw you down"—she struggled and I said, "There is nothing for it, I must throw you down," and I threw her down and held her—she had one hand on my throat—I called on the gardener, who came up and got the pistol away from her and held her—I said, "If you go away quietly you can go, for I don't wish to have a disturbance here"—the gardener let her free, and she lay down under a tree—I waited for the constable—the servant came back and said she was unable to get a constable, and I told her to go again and not to return till she had got one—the prisoner then got up, and went and sat on a different part of the lawn across the path, and while I was waiting for the constable she sprang up and tried to collar me by the throat, using abusive language—as the constable did not come I went for one, telling the gardener to see that she did not go—I went to the Station, and found that a constable was already on his way, and I went back and found him there, and I gave the prisoner in charge—while I and the prisoner lived together, from August, 1891, till July, 1892, I did all I could to make her contented; but she was of a, discontented disposition, nothing I could do pleased her—she was given to drink—she was constantly assaulting me, and for those causes I wanted a separation—on one occasion she threw a lamp at me—she also threw at me the fireirons, and various articles on the mantelpiece, or anything that was handy—some of them struck me—on another occasion she threw at me a tumbler when she returned, as she said, from the theatre—she thought it was her place to go out whenever she chose—she returned at half-past twelve, without giving me any intimation where she was going, and if not intoxicated she was very excited, and after using very abusive language she broke a tumbler on my head, which I had to get dressed at the doctor's—I applied for a separation, and since then I have amended it for a petition for dissolution of marriage.
Cross-examined. I believe the petition for judicial separation was ready for trial in January, and in that month, as soon as I had got the evidence, I amended the petition, and accused my wife of adultery—I separated from her in July or August last—I have got leave to amend the petition—I cannot give the names of the persons with whom adultery is said to have been committed—my wife was angry at the accusation of adultery—at Willow Brook, on this day when my wife called, my host was not there, but his wife, and three servants, and the gardener and myself were
—when the prisoner met me in the fields she took hold of me—I saw no pistol then, but she dropped something and stooped to pick it up after I ran on—I heard no shot then—she might have been in the hall for five minutes—we did not wrangle; I was only there long enough to tell her the way out—I was close to her, I saw no pistol then—I believe the prisoner was only charged before the Justices with shooting with intent to do grievous bodily harm—the Justices offered to admit her to bail—I opposed that, and she has been in custody since 11th March—when I and the prisoner were struggling together she was holding the revolver in her right hand, and she attempted to strike me over the head with it—it is a six-chambered revolver, and cocks itself by pressing the trigger—I cannot say if she attempted to fire another shot at me—she was not in a position to be able to do so, because I held her hand in such a way that she should do me the least harm—I threw her down on the flower bed; she then had the revolver in her hand—I did not kneel on her, I was over her—I don't know if my hand was on her throat or on her arm, but I held her down; I held her right hand with my left—it would have been difficult for her to fire then, when I held her wrist—she did not attempt to shoot the gardener—he caught hold of her hand and she dropped the pistol—I did not try to tie the prisoner's hands together with a rope or strap—I did not instruct the gardener to do so, nor did I see him do it—the gardener called for straps and I directed him not to use them—it was his idea to fasten her wrists; I believe it was with wrist straps—my wife is a very violent and excitable woman—I have done everything I can for her; the fault is entirely on her side—I have done nothing to provoke her, and have always behaved well to her—I don't know what reason she can have for attempting to shoot me—until the second shot was fired I thought the first was with the intention of frightening me—I did not see her firing the first shot—I did not see the second shot fired—I only saw the pistol levelled at my head.
Re-examined. I was two or. three paces from the door when the first shot was fired—I believe the prisoner was near the entrance when she first fired; I left her inside the inner door—I don't think she was inside far enough to hit the ceiling if she had fired up like that.
RICHARD SPRINGLE . I am a gardener, of Hampton Hill—on the 11th March, about four p. m., I was at the back of the house—Mr. Fletcher came to me and I went round to the front, where I saw the prisoner knocking at the door—it was opened, but she did not go in—she, went round to the side of the house—I told her business was not round that side of the house, it was at the front door—she said she was going round that way; she knew he was there, and she would do for him before night—I went to fasten the back gate, and while there I heard the reports of a pistol—I went to the front and saw her and Mr. Fletcher on the ground—I took the revolver out of her right hand; the handle part was towards Mr. Fletcher—he was kneeling across her, and she had got hold of him by the throat; one of his hands was towards his throat, and the other towards her on the ground—after taking away the revolver, I held her about ten minutes on the ground—when I let her get up she fell under the fir tree, and from there she went on to the other lawn—then Mr. Fletcher went to get my coat, and the prisoner threw a brick at him; it did not hit him, but the gate—I jumped in front of her and caught her arm, and prevented
the brick from hitting him—she fell down on the grass again—I stopped there for about an hour; nothing else happened—the prisoner sat on a shell—a policeman came—I went to the Station and heard the prisoner charged—this is the revolver I took from her—I saw it examined at the Station; there were three loaded cartridges and two discharged ones in it—the sixth chamber was empty.
Cross-examined. It is a rim-fire revolver—Mr. Lidiard came home that day between five and six, while we were gone to the Station—we came back from the Station about 6. 30—I did not tell Mr. Lidiard till nine p. m. that the prisoner said she would do for her husband—the moment I said it he said, "Write that down at once"—he did not tell me to learn it by heart, or to write it down so that I could tell it at the trial—I did not write it down, the solicitor wrote it down for me—he did not give me the paper, nor read it over to me; he kept it, and I have not seen it from that day to this—he did not say it was very important, nor that he would read it at the trial—we had to wait about one hour for a policeman.
Re-examined. Mr. Lidiard asked me no questions before nine o'clock.
EMILY PRATT . I am a servant at Willow Brook, Hampton Hill—about four p. m. on 11th March Mr. Fletcher knocked at the door—I opened it—he came in and gave me some instructions—I pointed out the prisoner coming up the path—she asked for Mr. Fletcher, and I told her he was not in, and shut the door—I went out at the back door and saw Mr. Fletcher in the garden, and he gave me more instructions, in conesquence of which I went for a policeman.
ARTHUR BONE (392 T). On Saturday afternoon, 11th March, I was on duty at Teddington Police-station—Emily Pratt brought a message, and in consequence I went to Willow Brook, where I saw the prisoner in the garden—I afterwards saw Mr. Fletcher, who said that he wished to give his wife into custody for shooting at him twice with a revolver—I went to the prisoner, who was sitting a short distance from us, and asked if she had heard what her husband said—she said no, she might do if he would come near—he went near to her, and repeated what he had previously told me—I told her she would have to go to the Station with me—she got up from where she was sitting and walked to the Station, where she was charged—I saw the revolver at the Station; I did not examine it.
Cross-examined. I have not got the charge-sheet—she was charged with shooting at her husband with a revolver, but I believe there was something else besides—I cannot say what it was.
RICHARD BONNER (Police-sergeant). I was in charge of Teddington Police-station when the prisoner was brought in by Bone on the charge of shooting at her husband—I asked for the revolver, which Springle handed me—I examined it and found one chamber empty, two cartridges empty, and three (Produced) loaded with ball—while waiting for the female searcher I asked the prisoner if she had any more ammunition—she said, "Yes," and handed me these forty-four similar cartridges from her jacket pocket.
Cross-examined. I believe these old pin-fire cartridges are sold in packages of fifty.
Re-examined. I did not see anything else than the pistol at the Police station.
NOT GUILTY . There was another indictment against the prisoner for common assault, upon which the prosecution offered no evidence.
NOT GUILTY .
NEW COURT.—Wednesday, April 12th, 1893.
Before Mr. Recorder.
400. CHARLES STANLEY (34) PLEADED GUILTY to breaking and entering the dwelling-house of Simon John Barnett, and stealing two pepper castors and other goods; also to breaking and entering the dwelling-house of Caroline Doyle Rowe, and stealing a teapot and other articles; also to a previous conviction at this Court on 12th January, 1885; also to being found by night in the possession of housebreaking implements.— Ten Years Penal Servitude.
MR. DE MICHELE Prosecuted, and MR. BURNIE Defended.
RUDOLPH MILCH . I have a warehouse at 88, Chiswell Street—on 4th March I left at a quarter to four p. m., and went out of town—I left in the safe about 12,000 Mary Anderson cigarettes and other brands, and some boxes of cigars of a particular brand, which I only supply to one hotel in London—I came back on the 9th and found the warehouse empty, and a new lock had been put on by the landlord—I have identified nearly 5,000 cigarettes; they are in tin boxes, with a portrait of Mary Anderson on them, especially made for me—they have "La Milsa" on them, which is my trade-mark—I also missed two odd boxes of this description (Produced)—I found these at the Police-station.
Cross-examined. The odd boxes contain aromatic cigarettes; they are not made for me.
FANNY MILCH . I am the prosecutor's wife—on the Wednesday after he left I went to the warehouse to see if there were any letters—I found the office door broken open, a panel away from the brick wall, and the cigarettes gone—I had been there on the Monday afternoon and seen them safe.
HARRY LAPSLEY (Detective D). I know that Ellen Brewer is dead—I saw her body in the mortuary—she gave evidence before the Magistrate on 20th March, and signed her deposition; the prisoner had an opportunity of cross-examining her. Her deposition was read as follows:—"I keep a tobacconist's shop at 116, City Road. I have known the prisoner six months; on Tuesday or Wednesday week, I met him in New North Road; he showed me a sample of cigarettes, and asked if they would suit me. I said I had no money. I lent him £1, and I was ill, and when I got up again I saw a brown paper parcel like this.
showed us a sample of cigarettes, "Mary Anderson" and "La Milsa"—I found a parcel of them On the table of our shop next morning—I opened it, and found a number of cigarettes in it—I put the contents in the window for sale, and the police came and took them—I don't know whether we sold any.
HARRY LAPSLEY (Re-examined). On 12th March at 8 a. m. I and other officers went to 42, Rushton Street, Hoxton—we knocked sharply at the door; the prisoner looked out of a first floor window, and said, "Hallo, what's up?"—I held a bag up, and said, "Come down quiet, Harry, I want you"—he came down in his shirt, without his trousers—I said, "We are police officers, come to arrest you for stealing cigarettes in Chiswell Street"—we went up to a bedroom and sitting-room combined, and said, "How do you account for it?"—he said, "I can't give an explanation now"—I found 4,500 cigarettes there—I went two hours later to 116, City Road, and found 1,500 similar cigarettes, which the prosecutor has identified—I had been to 116 and bought two boxes on Friday night, the 10th—the prisoner does not keep a tobacconist's shop—I found these two odd boxes in his room.
GUILTY of receiving. He then
PLEADED GUILTY to a conviction at Lancaster on May 11th, 1889, in the name of John King. He was further indicted for receiving 15 oz. 7 dwts. of silver, the property of James Allcock, and 10 boxes of gimp of Charles Herbert Green. To these lie
PLEADED GUILTY — Five Years' Penal Servitude.
MR. BAYLIS Prosecuted.
FANNY SIMMONS . I live at 20, Wallden Street, Commercial Road—I have known the prisoner five years—I went through the marriage ceremony with him in 1889 at South Hackney Parish Church—he said he had been a. widower eight years—this is a copy of the certificate—two years ago I received a letter which I showed him, and asked him if his wife was living—he said it was not true—I spoke to him again, and he said there was no truth in it, and his son also said it was not true, that his mother was dead to the world—I afterwards went to 125, Montpelier Road, Plaistow, and saw Mrs. Stringer, and I then gave the prisoner in charge—his grandchildren have come to my house, and they said that grannie was not dead.
Cross-examined by the prisoner. I did show you the letter; you denied that she was alive, and your son said in your presence that there was no truth in it—I was a widow—I have had no children by you.
MARY LUND . I live at 3, Lamb Street, Spitalfields—in 1883 I was present at St. James's, Piccadilly, at a marriage between James Stringer and Sarah Lund, my sister—the prisoner lived with her many years, I cannot say how many; I said eight or nine, but I have been informed it was longer—she is still alive, and is living at 125, Pelly Road—she has lived there some years—I have never seen the prisoner at that house.
Cross-examined. It was arranged that she brought her home to my house—I did not make the arrangement—your wife was willing to join me in business; it did not succeed, and therefore I left her to do the best she could—she went in her maiden name—she arranged with me about
the business; it was not good, and therefore we moved to Pelly Road—it was the very last thing I thought, that you would not come and join your wife when you came out of the hospital.
CLARA SKINNER . I live with my mother, the prosecutor, at 125, Pelly Road, Plaistow—I remember their living at Bromley in 1881—we were moving, and father left us on the way; he started with us with the furniture—he did not give any reason for leaving—mother went and lived at Plaistow—I saw father about three weeks afterwards or sooner, but he did not stay there—he came in and changed his clothes and went out—he has been there once since—we are now living at Brown's Road—mother moved to Pelly Road about 1883—father has been there once, but he did not see mother; my brother Arthur answered him and sent him away; he came by himself—I last saw him five years ago prior to seeing him at the Police-court—I do not think I said anything about my mother—I said at the Police-court "I last saw father five or six years ago when we spoke about mother"—my mother was referred to then as being alive—I remember my brother being buried in 1885—my father and mother were there; father stood by her side, but did not speak to her.
Cross-examined. I was about six years old when we came from Bromley—you were not in the hospital very long, and you could not walk—I did not know where you were going.
ANNIE MARIA WINGROVE . I live at 102, Lowthorpe Road, Queen's Park—the prisoner is my father—I met him some years ago with respect to this matter, I think it was about 1886—it was about a reconciliation between him and my mother—I asked him to come round and see her—he said "No; if your mother wants to see me, let her come and see me "—he walked with me to Plaistow, within three minutes' walk of my mother's house, and he stopped in the street and said "If she wants to see me let her come to me"—she did not come out—I do not know whether he was ever at 125, Pelly Road—I saw him four years ago and talked to him.
Cross-examined. You did not mention my mother four years ago—it was in 1886 that you asked me whether she would come and speak to you—my brother Arthur's second daughter was born about six years ago—I was not at my brother's wife's funeral—I do not remember in what year she died—she died on a Tuesday, and was buried on Friday.
WILLIAM THOMPSON . On 10th March I took the prisoner in Whitechapel Road for feloniously marrying Fanny Simmons, his wife being alive—he said, "My first wife left me fourteen years ago; I thought she was dead."
The prisoner's statement before the Magistrate: "Mary Lund helped me to move the things from Bromley, and opened the shop in the name of Lund. I could not find them; they traded in the name of Sarah and Mary Lund." The prisoner, in a written defence, repeated in substance the same statement.
GUILTY — Four Months' Hard Labour.
MR. WILKINSON Prosecuted.
—I was awoke about 12. 45 by footsteps in the passage—I went out, and a door was slammed—I returned to bed—a quarter of an hour afterwards I heard a noise again—I got up and went into the passage, and Mr. South, my lodger, called out to me—I found him detaining the prisoner—I said, "What do you want here?"—he said, "I am looking for Ada"—I said, "There is no such person living here," and I called a constable and gave him in custody.
EDWARD SOUTH . I live at Mr. Thompson's—on 27th February, about one, I returned home, and found the street door open about two inches—I went in and found the prisoner in the passage—he was doing nothing—I said, "What are you doing here?"—he said, "I have come to see Ada"—I said, "That won't do for me"—I shut the door and called Mr. Thompson.
Cross-examined by the prisoner. You were not at the door, you were near the parlour door—you did not scuffle.
WILLIAM SUTTON (50 G). Mr. Thompson called me, and I found the prisoner detained by Mr. South—I asked how he came there—he said, "I came to see my girl Ada home"—I took him into custody—I found these two keys in his hand, one of which will open the door—he was sober—he gave his correct name and address at the station.
The prisoner, in his defence, stated that lie met a girl and followed her to the house, when the witness came up.
NOT GUILTY .
MR. W. J. ABRAMS Prosecuted, and MR. MUIR Defended.
THOMAS TIBBITS . I live at 75, Southampton Street, Pentonville—on 27th January, about midnight, I was passing the end of Collier Street in Southampton Street, and was suddenly siezed from behind, my arms pinioned, and I received a blow across my head from some instrument, which was only saved by my hat—I was twisted in at some garden gate—the prisoner was in front of me feeling my trousers pockets—I called out "Police!" and one of the men kicked me as hard as he possibly could—the people were just coming out of the public-houses, and the prisoner and the others ran away—there was a lamp directly opposite, and it was a beautiful moonlight night—I saw the prisoner's face—I was about three minutes looking at him—I noticed a scar on the side of his face by his eye; it was on the side the Jury can see—it was not an abrasion, but an old scar—I mentioned it to the police—I saw him a month afterwards at the station among several others; I had no difficulty in identifying him, he was not pointed out to me.
Cross-examined. The blow bent my hat—this is it, it is a high hat—as I faced the gate the men were behind me, and the prisoner before me, leaning with his back against the rails; the light was shining on his face sideways, and there was a light from the public-house, which shone on his back—I don't know whether I mentioned the moonlight before the Magistrate; I said it was a clear night—I did not describe the prisoner's dress, because it was impossible for me to look at it—I mentioned his flushed face and the scar; it was on the left side—I did not describe him as a man with high cheek bones and a scar over his eye; that is a mistake in the deposition.
JOHN ROBINSON (Police Sergeant G). On 28th January I received information from the prosecutor, and on 27th February, about twelve, I arrested the prisoner in Pentonville Road, about five minutes' walk from where the I robbery took place—I told him the charge, took him to the station, where he was placed with six others, and Tibbits picked him out—he made no reply.
NOT GUILTY .
THIRD COURT.—Wednesday, April 12th, 1893.
Before Mr. Common Serjeant.
MR. PASSMORE Prosecuted, and MR. COOPER Defended.
EDWIN MARTIN . I am a lamp manufacturer, of 68, West India Road—on 10th November I received this letter, purporting to come from the prisoner, of 10, City Road, Peterborough, asking for quotations for lamps—I sent the quotations, and on 12th November I received this letter, asking for samples—I wrote that a slight mistake had been made in the prices, that instead of 36s. and 40s. they would be 36s. and 48s.—he replied that they would do, arid requested me to send on samples, which I did—on 16th November I had another letter from him, followed by one of the 19th (Ordering two dozen lamps at 48s. per dozen, well packed, as sample lamp was bent in transit)—I sent them to him at Peterborough—I then received this letter of 30th November with the same printed heading, asking whether I was supplying him with the stall lamps ordered some time ago—they crossed his letter, and I then wrote for payment—on December 13th the prisoner wrote from Peterborough (Promising payment in a week Signed W. F. Day.)—I wrote again in about a fortnight, and waited some time—the letter was transferred to Bristol, and after lying at the Bristol Post Office some days it was returned to me, marked, "Not called for"—that raised my suspicions—I neither saw anything of the prisoner, nor got the value of my goods, £5 1s. 6d.—I believed In was carrying on a genuine business as a draper and hosier.
Cross-examined. The lamps could be used on a stall for selling goods—I do not know that he is a travelling draper and hawker—I did not make any inquiries at Peterborough—if I had known he was a travelling draper keeping a stall in the market I should not have supplied the goods without the money—I wrote to him threatening an action, which I should have commenced if I had not received information from the police—we make bad debts occasionally.
said, "All right"—in the train he said, "I admit having the lamps"—he made no reply in answer to the charge—I went to the address, 10, City Road, Peterborough, where I found a small single-fronted cottage, no shop, and the name on the door, "Mrs. Bands"—in the front room downstairs there were a few second-hand sets of children's clothing—I called three times and was unable to see anyone at the place; it was shut up—while at Peterborough a gentleman named Harrison, from Grantham, called to make inquiries of the prisoner, who was then in custody—he produced this letter in the prisoner's writing on paper of the same heading (Addressed F. Day, 10, City Road, Peterborough, November 1st, 1892, asking the price of travelling hampers for Hue drapery trade. Signed W. F. Day.)—he said he came from Grantham, and was a basket manufacturer; that he had received that letter and some others, and had sent that letter and had the baskets, and meant to pay for them.
Cross-examined. I was in Peterborough nine hours, I should say—I went to the house three times, at intervals of two or three hours—I found on the prisoner a hawker's licence—the police told me he did not keep a draper's and hosier's stall in Peterborough Market, and sell lamps, hosiery, and purses—I was informed by the neighbours that Mrs. Rands kept the house—from the outside it looked like a four-roomed cottage.
DOUGLAS MCRAE . I am a chamois leather manufacturer, of 23, Bunhill Row, E. C.—on 17th January I received this letter from the prisoner, dated 16th—I sent a price list to that address (21, St. Pancras, Chichester)—on the 19th I received this letter of the 18th from him (Asking for sample of chamois leather, as No. 4, at 28s. 9d. it and six at 36s. 3d.)—I wrote to his reference, and also sent two kips as samples—I had no reply from the reference—I received this letter of the 20th, the same day as the goods were sent (Ordering one kip of each, as sample.)—on the 22nd I received this letter of the 21st (Acknowledging the receipt and ordering two kips)—on the 24th I received this letter (Stating that his terms were cheque on delivery, and that he should not think of paying beforehand.)—I did not send any after the first lot—they amounted to £3 58.—I never obtained payment—I thought the prisoner was in good business at Chichester—it appeared to be a good bill-heading.
Cross-examined. I hardly allowed sufficient time for the reference to reply before sending the goods—my letters did not come back—common chamois leather is hawked—this was superior—I have since heard the prisoner is a hawker.
NORTON STEPHEN GAMBRILL . I am a brace and belt manufacturer, of 23, Piper Street, E. C.—on 7th January I received this letter (Asking for prices of braces and belts to sell at 6d. and 1s. 6d., with a sample, and offering references. Signed W. F. Day.)—I replied that we would send samples on reference—I then received this letter of 9th January, and sent on samples on the 11th, ten braces value 6s. 6d.—on the 14th I received this letter (Ordering three dozen pairs.)—we did not send them, and reminded him that he had not sent the money, as promised, or reference, and we should wait for these before we sent the goods off—I believed he was a draper—if I had known he was a hawker I should not have sent the samples without the money.
Cross-examined. We made samples for him to sell at the prices he named.
THOMAS GOLDRING (Sussex Police-Sergeant.) I have known the prisoner About twelve months—I have inquired at the address given, 21, St. Pancras, Chichester; it is a private cottage occupied by Hall, a licensed hawker—I have known the prisoner as a hawker, hawking sponges and chamois—he left that address about February 2nd or 3rd—he lodged there.
Cross-examined. I have not seen him hawking braces—he has been in company with a man named Johnson, who had a stall in the market—I don't know whether he sold on his own account—no business is carried on at the cottage.
Witness for the Defence.
ALICE JANE RANDS . I am a widow, of 10, City Road, Peterborough—the prisoner lodged with me for three months—he paid 6s. 6d. a week for bedroom and use of shop—he used to have cardigan jackets, drapery, stockings, braces, lamps, sponges, and chamois leather sent him in big quantities at times, which he sold at a stall in the market twice a week—he travelled to other markets with goods—I knew him three months before he came to me—I do not know that he used printed billheads.
Cross-examined. He left me at Christmas—it is rather a large shop.
GUILTY .— Twelve Months Hard Labour.
MR. WOODCOCK Prosecuted, and MR. BLACKWELL Defended Cleasby.
THOMAS WILLIAMS (City Policeman). About 5. 30 on 23rd March I noticed the prisoners in Bunhill Row—Cleasby handed this sack to Wilson—I stopped Wilson—the sack contained these articles—I asked him what was in the bag—he said, "Ties"—I said, "Where did you get them from?"—he said, "I found them just as they are, bag and all"—I took them to the Station, and examined the contents of the bag—I told them they would be charged with the unlawful possession of these ties—they were taken to Clerkenwell Police-court and remanded for a week—I applied to the Magistrate to discharge them, and on their being discharged I re-arrested them, and told them they would be charged with having stolen these goods—they made no reply.
CHARLES ERNEST WHITE . I am salesman at John C. Leefe's, 47, Jewin Street, E. C.—I have seen property similar to this—it would come to the warehouse in ordinary course—access from the street is easy—I cannot say we missed these things, but the last time I saw them was about two o'clock on the 23rd—I next saw them in possession of the police——I identify them as being of the same stock, but we did not miss them.
(Cleasby received a good character.)
NOT GUILTY .
No evidence was offered.
NOT GUILTY .
MR. BLACKWELL Prosecuted.
GUILTY — Two Years' Hard Labour.
412. THOMAS GILES (28) and EMILY MATTHEWS (22) , Unlawfully taking Mary Perryman, a girl under the age of 18, out of the possession and against the will of her mother, with intent that she should be carnally known by men.
MR. BLACKWELL Prosecuted.
GUILTY —GILES**— One Year and Nine Months Hard Labour.
MATTHEWS— Six Months' Hard Labour.
OLD COURT.—Thursday, April 13th, 1893.
Before Mr. Justice Lawrence.
MR. PURCELL Prosecuted, and MR. HUTTON Defended.
GUILTY of the attempt. The JURY added that they believed he was not sane at the time he committed the offence.—To be detained in custody in a criminal lunatic asylum till Her Majesty's pleasure be known.
MR. HUTTON Prosecuted, and MR. ROOTH Defended
The prisoner received a good character.
GUILTY .— Four Years Penal Servitude.
NEW COURT.—Thursday, April 13th, 1893.
Before Mr. Recorder.
MR. GEOGHEGAN Prosecuted, and MR. LILY Defended.
ABRAHAM ROSENBERG (Through an Interpreter). I live at 7, Cross Street, Commercial Road, and am the father of Dinah Rosenberg—I was present at Czsne, in the province of Vilna, Russia, with my daughter Dinah when she was married to the prisoner about six years ago in a chapel adjoining the synagogue, where marriages usually take place—they were married by a Rabbi, but not the Chief Rabbi—I am acquainted with the rites and ceremonies which take place at Jewish marriages—those rites and ceremonies were observed at this marriage—after the marriage the prisoner and my daughter cohabited together, and after two weeks they came to England together, and I saw them living together—Dinah is still alive.
Cross-examined. I saw a contract of marriage—the prisoner had the certificate at the time of the marriage—I did not see it; it was not read publicly in my presence—when Jews are married there is a document read publicly before them, but I did not hear one read in this case—I was present the whole time—I did not ask why it was not read.
(MR. LILY submitted that there was no evidence that the marriage was valid, according to the law of Russia, which was necessary. (See Lindo v. Denesario, Haggard's Consistory Court Cases, p. 216; Home v. Nowell, tried before Lord Ellenborough in 1827, and Reg. v. Collins, Central Criminal Court Sessions Papers, Part 581, p. 545). MR.
GEOGHEGAN submitted that there was evidence to go to the JURY, but the RECORDER stated that he considered himself bound by the case of Horns v. Nowell, and directed a verdict of
NOT GUILTY .)
MR. GEOGHEGAN Prosecuted, and MR. LILY Defended.
MILLY TROPP (Through an Interpreter). I live at 19, William Street, Cannon Street Road—I had known the prisoner about six weeks when I was married to him on February 26th this year—before my marriage I had deposited £25 in the London Provident Institution Savings Bank—this is my bank book (Produced)—I drew out £10 before my marriage, and lent it to the prisoner—he gave me my weekly money for two weeks after our marriage—on March 14th I drew out £7 15s., and put £7 10s. in my cash box, which was locked, and I kept the key—the prisoner knew that I put the money there, and on March 17th he asked me for the key of the box—I did not give it to him—we were in the kitchen—he was aggravated that I did not give him the key, and he took it off my chatelaine by force and ran upstairs—I followed him immediately, and saw him opening the cash box—he took out the money, and I had some jewellery in the box, which I took—I begged him to give the money back to me, because that was the last money, and I should not have anything to live on—he said nothing, but opened the door and ran downstairs—I ran after him and took hold of him—he went out of the house with the money—he came back the same afternoon, and I asked him again for my money—he said, "I gave that money to my wife Dinah, as she has nothing to live on"—he came in again in the evening, and Dinah came afterwards—he said, "This is my wife," and Dinah said, "That is my husband"—I was lying on the bed because I felt ill—I got up and was sitting on the bed, and said to the prisoner, "Why did you get married to me when you had another wife?"—he said, "Can two wives be in one house? You will be downstairs in the kitchen, and Dinah will be upstairs in the parlour"—Dinah said, "I knew exactly that he would not live with you a month; I knew very well that I should soon come back to the house"—the prisoner said he did not like me, he could not be apart from Dinah, and he must live with her together—I cried, and said, "It is the third week that we are married together"—he said, "You have got rich relations in your country, you can go back," and he said he could not leave Dinah, he could not be without her—I commenced to cry, and said, "You have ruined me, and taken my money"—I also said, "It is Friday night to-night, and to-morrow night, perhaps, matters might be settled more favourably," and begged him to let Dinah go away for the night, and she went, and the prisoner remained in the house with me, and slept in the same room, but in a separate bed—Dinah did not come next day, but some of the relations came, and the prisoner said that I should leave on the Saturday night, and I should have to rent a room for 3s.—I said, "Where shall I get the 3s. from?"—he said, "You write home and get some money"—it was under the impression that I was to leave altogether on the Saturday that Dinah went away on the Friday night—I went on the Sunday and complained to the police—I slept in William Street on the Saturday night in our own house—the prisoner was in
the same room, and also on the Sunday night—he told me he had to live with Dinah, and if that could not be he would make away with himself—when I commenced crying on the Saturday, he said, "Either you shall return to your country or rent another room."
JOHN COLE (Detective H). I took Dinah Althansen in custody on March 19th for receiving stolen money—she handed something to another woman, which I afterwards found was a purse containing £7 4s., and there was a handkerchief and some loose silver—before that I had arrested the prisoner for bigamy and larceny—he said, "I took the money."
Cross-examined. I think he also said, "It was my money."
AARON DOME (Through an Interpreter). I am a boot finisher, of 1, Langdale Court—on March 17th I went to the house of Philip Ranolf, 36, James Street, and saw the prisoner give Dinah Althansen £7 10s. and a red handkerchief—he said, "I took that from my other wife."
MILLY TROPP (Re-examined). On March 16th I was wearing a red handkerchief round my neck—the prisoner took it—I said, "That is my handkerchief; I am going to wear it"—he said, "No, you shan't wear it any more; my wife Dinah is going to wear it," and he put it round her neck—it was taken against my will.
GUILTY .— Nine Months' Hard Labour.
THIRD COURT.—Thursday, April 13th, 1893.
Before Mr. Common Serjeant.
MR. ST. AUBYN Prosecuted, and MR. PURCELL Defended.
JOHN MCCARTHY . I live at 29, Corporation Row, Clerkenwell—I was knocked down from behind on Christmas Eve as I came out of a urinal—I was the worse for drink—when I came to I was lying on the ground outside the urinal—I had lost three keys and 15s. or 17s.—I reported the loss at the Police-station the same night.
THOMAS COOMBER . I live at 38, Albert Street, Barnsbury—on Christmas Eve, between nine and ten, I was in the White Conduit public-house, where I saw McCarthy, the prisoner, and two women. McCarthy and prisoner went out, and the women followed. I followed in about half a minute to go to the urinal, and saw the prosecutor coming out of it—he was knocked down, I believe, by the prisoner—I saw the prisoner and the two women rifling his pockets—I have no doubt as to that.
Cross-examined. I was in the White Conduit before the prosecutor came in—I think I was alone—the women came in about half a minute before the prosecutor—I said before the Magistrate, "The two women were in the White Conduit before the prisoner and prosecutor came in"—the urinal is across the road, and my opinion is that McCarthy was knocked down; I will not swear—I was not above seven yards off—the place is well lighted—I do not remember saying before the Magistrate, "I saw the prosecutor fall down, but I cannot say if he was knocked
down or slipped down"—the women got away as quick as they could—I said before the Magistrate that I knew the prisoner well by sight.
EDWARD DREW (Detective-Sergeant N). At about ten p. m. on 4th March I apprehended the prisoner at the Pied Bull public-house—I told him I should charge him with robbery—he said, "I know nothing about it, Mr. Drew"—he was taken to the Police-station and identified at once by Comber.
Cross-examined. The prisoner said he had seen me several times since Christmas Eve—I told him he had not—I had been looking for him—I saw a description of the man who was alleged to have committed this offence—it was circulated, and it was in consequence of the description that I arrested the prisoner.
The prisoner's statement before the Magistrate: "I have not been away; I have passed the detective several times since Christmas."
GUILTY of robbery. He then
PLEADED GUILTY to a conviction at Clerkenwell in March, 1892. Five Years'Penal Servitude.
MR. PARTRIDGE Prosecuted.
ADOLPH DOLONGOFFSKI (interpreted). I was at the corner of Whitechapel Road at 12 p. m. on 2nd April—three men came towards me and attacked me, put me in a corner, and held me by my throat—I recognise Coulter—I had money in my pockets—I saw two men in plain clothes who I know now to be constables—I tried to shout but could not.
Cross-examined by Coulter. When the police brought you to me I could not speak—you said something to me in English which I could not understand.
SAMUEL GLYDE (Policeman H 96). I was in Whitechapel Road, off duty in plain clothes with another constable—I saw the two prisoners and another man at the corner of High Street and Osborne Street—Riley had the prosecutor in a doorway with his hand on his throat, holding his head back so that it was impossible for him to shout, and one hand in his pocket—Coulter was holding one of his hands, and assisting in putting his hands in his pockets—we watched for about half a minute to see what they were at—we went across as quick as we could, but before we got there they had thrown the prosecutor into the road, and made off into Osborne Street—we went after them, and took Coulter from behind—he said, "Who are you?"—I said, "We are police officers, and are going to arrest you for robbing a man"—the prosecutor said, "That is the man who put his hands in my pockets"—he could speak English so that we could just understand—Coulter said, "You are very tricky, but you have got the wrong man this time; I was going home"—a number of people were in the road—I had never seen Coulter before—I had often seen Riley—I have not the least doubt about them—Riley was placed with seven or eight others at the Police-station, and I identified him.
Cross-examined by Coulter. When we arrested you were about a dozen yards up Osborne Street—the prosecutor said, "That is one of the men that had his hands in my pockets"—I did not know you when you worked at the Wheatsheaf—I did not say, "Be careful; we have had you before, and we have not made a mistake."
TIMOTHY ISLES (Policeman 445 H). I was in plain clothes with Glyde—I saw the two prisoners with another man—Riley was holding the prosecutor in the doorway by his left hand; he had his hand across his throat, and was rifling his pockets with his other hand—I have seen Riley before, and have no doubt as to him—they made off—I got Coulter and Riley got away.
Cross-examined by Coulter. You were walking away sharply—when we first saw you we were not positive what you were doing, and we watched you for a few seconds.
Re-examined. They were about a minute and a half in the doorway—I at once identified him.
JOSEPH COOKE (Policeman 150 H). I received certain information from the Police Gazette, upon which I arrested Riley in the Commercial Road on the 5th inst. about 7. 30—I told him I should take him for being concerned with two other men on the previous Sunday night in robbing a man at the corner of Commercial Street—he said, "I had nothing to do with those two men on Sunday night"—I took him to the station—when charged he said, "The barman at the Horse and Leaping bar treated me on Sunday night."
The prisoners' statements before the Magistrate. Coulter says: "I am not guilty; I know nothing about it. I have no witness. "Riley says: "I know nothing at all about it. I was in the Horse and Leaping bar at eleven o'clock. I was home a little after eleven.
Witness for Riley.
MARGARET JANE RILEY . I am a widow, of 13, Montague Court, Bishopsgate Street—you are my son, and live at home—you were home at 11. 10 on the night in question—I was up waiting to give you your supper—you went to bed before me, and did not go out again.
Cross-examined. The prisoner supports me—he sells baked potatoes—I think he went out about tea-time that Sunday—he went out about twelve on Monday night to sell his goods—I did not look at the clock—he came home about twelve on Tuesday night—I did not look at the clock—he was taken on Wednesday.
By the JURY. He generally comes home about eleven o'clock on Sunday nights.
Coulter, in his defence, said that the 'prosecutor when at the Leman Street Station said lie (Coulter) had the prosecutor by the throat, and now he said it was Riley; that the constables had told nothing but lies; and that he had worked hard all his life. Riley, in his defence, said that he was out with his potatoe can on the Sunday night, and home by 11. 10.
GUILTY .—RILEY**— Twelve Months Hard Labour.
COULTER— Ten Months' Hard Labour.
NEW COURT.—Friday, April 14th, 1893.
Before Mr. Recorder.
Twenty Months Hard Labour . EMMA PERRY— Ten Months Hard labour . ALFRED PERRY— Fifteen Months Hard Labour.
421. GEORGE AUGUSTUS SYDENHAM, Unlawfully obtaining £1 5s. 6d. from Thomas Casson, £3 10s. 3d. from Benjamin Thomas Loader, £2 6s. from Jesse Sawyer, £1 9s. 6d. from Walter James Bush, And 19s. 2d. from Christopher Wheeler, by false pretences.
MESSRS. GEOGHEGAN and DRAKE Prosecuted, MR. PAUL TAYLOR Defended.
THOMAS CASSON . I keep the Turk's Head, 711, Old Kent Road—on December 10th the prisoner called and asked me if I was insured against burglars—I said, "No"—he said, "I represent the General Accident Insurance Company, and we insure against burglars; Mr. Coveney and Mr. Davis have already insured with me, and sent me on to know whether you would insure"—Mr. Coveney is chairman of the Licensed Victuallers' Asylum, and Mr. Davis is deputy-chairman of the East-end Protection Association—both are well known—the prisoner had a book in his hand; which he showed me, and I agreed to insure with him for £200, for which I paid him £1 5s. 6d. premium—he gave me the receipt, and said I was to receive my policy in about fourteen days—I have never received it—on February 9th I had a burglary at my house, and wrote to the office of the corporation, but received no money—I parted with my money because he mentioned Mr. Coveney and Mr. Davis—I knew they were very respectable and well acquainted with the trade, and would not send anybody to me unless it was bona fide, and I took his word that they had insured with him, and that he was an agent of the corporation, and that by paying the £1 5s. 6d. I was properly insured.
Cross-examined. He told me that he had seen Mr. Davis and Mr. Coveney, that they had already insured with him, and that Mr. Coveney asked him to call on me—I made no note of the conversation—I am not aware that my proposal was forwarded for acceptance within five days by the prisoner, and declined and sent back, because it was not properly filled in—he had no proposal form the first time—I noticed on the receipt, "This receipt is issued subject to the risk of acceptance by the directors"—he wrote this on the back in my presence—he called again early in January—after the burglary I called at the London office of the company, and met the prisoner there—I told him I had received a letter from the company—he did not show me this letter—I have never seen it (This requested the prisoner to state how much of £25 applied to Mr. Casson's proposal.)—I had a drink with him on that occasion at a publichouse, but he did not show me his agency account, or this receipt for Mr. Lamb's premium, or any document—while we were drinking I told him I intended to go to the company and make them responsible—I did not know then that he was not an agent of the company—he spoke to a clerk and said, "You know I am an agent of the company"—I learned that he was not an agent when I received a letter later on—the burglary was on the 9th—I called at the office on the 14th, and asked if the amount would be paid; they said they had written to Mr. Sydenham about it; Mr. Sydenham was with me, and I went out and had a drink with him, and said I should hold the company liable—before my first visit to the office I had not received any letters from the directors saying that they C
would not accept me—I filled in the amount of the property I had lost—they sent it back on the 14th in a letter, and said that I had no claim on the company, and I went to the office at once. (This letter stated that they had received a proposal from their agent, but never accepted it, and had asked Mr. Sydenham for particulars, but lie had made no reply.)
Re-examined. This receipt was given me after I had given the prisoner my money—I did not see it before he told me it was necessary to send in a proposal form—he not only said that Mr. Coveney and Mr. Davis had sent them, but that they had actually insured with the company—he called again a fortnight afterwards and filled up the form as he liked, and I signed it.
By the COURT. When I had the drink with the prisoner I did not know that it was untrue that Davis and Coveney had insured; I found that out afterwards.
CHRISTOPHER WHEELER . I keep the Duke of Clarence, Alfred Street, Bow—the prisoner was in my bar on the 31st—he asked me if I would insure, and said he knew Mr. Davis and Mr. Coveney, and they had insured with him—I insured for £150, and paid him 19s. 2d. premium—it was the General Accident Insurance Company—I saw "agent" on the receipt, which he wrote at the time—he said I should receive the policy in a fortnight—he came a week afterwards, and said I was to have the policy in another week—I found I was not insured, and called on the company—I received this letter from the prisoner; it is in his writing: "19, Bonner Road, Victoria Park, February 18th.—C. Wheeler, Esq. Sir,—I will call on you in a few days to put matters in order about your burglary insurance—he did not call—I never saw him till I saw him at the Police-court—I know Mr. Davis and Mr. Coveney, and when he said that they Insured with him I believed him—that is what made me insure almost, and I believed he was the agent and acting honestly and bond fide, and that is what induced me to part with my money.
Cross-examined. I understood him to be the representative of the company, and his mentioning those two gentlemen's names made me insure—I do not think I should have insured if he had not, but I cannot say—I did not know that I was not insured until my risk was accepted—I did not see him write "Insurance broker" on the back of the receipt—he said that Mr. Davis and Mr. Coveney had insured, not that he had spoken to them about insuring—I will not say he said, "I am the agent," but I knew him to be the agent by repute—I know Mr. Lamb—if he had mentioned Mr. Lamb's name that would have been an inducement—Mr. Lamb had a job to get his policy.
Re-examined. Mr. Lamb paid by a crossed cheque to the company.
JOHN MILLER . I am a clerk to the General Accident Corporation, Limited—the head office is at Perth—Mr. Mackinnon is the manager—we have an office in Ashurst Road—we insure against burglary—we have agents—in November last Mr. Fuller was our London manager—an agent fills up an application form and gives two references—that is put before the directors, and if they accept him his appointment Is ratified—I first saw the prisoner about the end of November—he called at our office, and said he was an insurance broker—a broker is a person who may go round and collect policies, and then come to me; an agent is a person who we send out to canvass—we are responsible for our
agents' acts, but not for the acts of a broker—I gave the prisoner some prospectuses, and said we should be pleased to receive proposals from him, and submit them to the directors for approval—a few days after he brought in four proposals, and policies were issued upon them, and sent to him—no premium was paid—Mr. Fuller had no authority to send off the policies without receiving the premium, and therefore he ceased to be manager on 31st December—I have issued thirteen policies to the prisoner—he has paid the premium on one, that is, Mr. Lamb's—that was paid by a crossed cheque payable to the company—on 3rd January the prisoner called in reference to his being duly appointed as agent—Mr. Mackinnon gave him an application form to fill up, not in my presence—this letter of 13th January is in the handwriting of the manager at Perth (This declined to appoint the prisoner.)—he called again on the 14th, and said he could not understand the action of the head office in refusing to appoint him as agent—I said if he remitted the premiums he had received to the head office they might reconsider the matter—he said he would do so—this letter of the 14th January to the prisoner is my writing (This requested the prisoner to hand over all prospectusus and papers belonging to the company, including note-books, counterfoils, and cover note-books.)—a cover book is a book out of which a form is given to the person who pays a premium before the policy is sent to him, in case a fire occurs—the prisoner called again on the 19th—I know Mr. Mackinnon's signature—this letter is written by him, and the enclosure by a clerk at the head office (This was dated 11th January, requesting a cheque for £9, the amount of account due, and enclosing a list of the names of persons who had paid him premiums.)—when he called on the 19th he gave me these prospectuses, and said he had destroyed the receipts and counterfoils—I did not see him again till at the Police-court—if he had been duly appointed agent I should have accepted proposals, although the premium had not been paid, if I considered them satisfactory—Mr. Casson's premium, £1 5s. 6d., has not been paid, nor Mr. Wheeler's, 19s. 2d.—this is a letter to the prisoner (This stated that the company could not accept proposals that were not paid in full, and cautioning him that he might find himself in an unpleasant position.)—we have not insured Mr. Casson or Mr. Wheeler.
Cross-examined. I deny that the prisoner was our agent; he was not duly appointed—I cannot say whether we are in the habit of sending letters of this kind to persons who are not agents—I have not known such a case—we should have received an insurance from a broker if the premium had been paid in full—a broker is a man effecting an insurance with an agent—we do not give books to brokers, or send agency accounts to them—the broker acts for the party wishing to insure—these thirteen policies were accepted from the prisoner and registered in due course upon proposal forms supplied by us—we do not supply proposal forms to brokers—we should accept forms filled in, without inquiring of the broker, if they were accompanied by the premium—in some cases we receive proposals unaccompanied by the premium from our agents; in some cases we do not—I know that the prisoner had one receipt book in which he was to sign his name opposite the sum to be insured—I said at the Police-court, "We only give them to agents"—we give a broker a register—Mr. Casson's policy was not accepted in the first instance, because it was not properly filled in; it was received at the head office, and was
under consideration—the question of the property burglared was on the 10th—some of the proposals sent in prior to the 10th were returned, because they were filled up on forms applicable to private houses—Casson's was not one of those—I did not enclose any proposal forms to the prisoner, but it might have been done in the office—on 14th February the prisoner produced several letters and the agency account, and showed them to Mr. Casson—I do not know whether he produced the letter—Mr. Casson called on me after the burglary, and I told him no insurance had been effected—I do not think the prisoner was present—I remember on one occasion the prisoner giving Mr. Casson some documents—I don't know what they were—I do not remember his saying, "I am an agent, look at these documents"—I said in his presence that he was not an agent—he did not then produce the documents in my presence, and show them to Mr. Casson—they were shown to Mr. Casson just as he was leaving the office—I do not know why he took the documents out—I do not recollect his telling Mr. Casson that he had a monthly account, or Mr. Casson saying that he would hold him responsible—he said he would hold the company responsible.
Re-examined. We do not care for public-house trade—I did not tell the prisoner so—we have no special forms for public-houses, Mr. Lamb's form was one which would be used for any tradesman—there is no difficulty in our agents or brokers obtaining such forms from our office—the insurance broker acts for the person who is going to insure with us—letter X is the letter of an agent—this system of insurance against burglary has been going on about two years.
BENJAMIN THOMAS LOADER . I keep the Stains bury Arms, East India Road—on January 24th the prisoner came and said he was an insurance agent, and would I insure against burglaries, and that he represented the General Accident Corporation, Limited—I insured for £500, and paid him £3 11s. premium by this cheque, payable to himself—after I had signed and crossed it he said he wished I had given him gold—he said, "Make it payable to me"—he gave me 9d. change and a receipt, which I have lost, and said that I should have the policy in fourteen days—I have never received it—I next saw him at the Thames Police-court—I paid him the £3 10s. 3d., believing him to be the agent of the insurance company.
Cross-examined. He left a notice with me, on which I afterwards noticed the words, "G. A. Sydenham, Insurance Broker"—my cheque was dated January 24th, and I heard that the proposal was sent in a month later—I paid the money because he said he was agent; the words are, "Agent, Augustus A. Sydenham, Insurance Broker"—whether agent or broker, I paid him the money, because I believed he was representing the company.
JESSIE SAWYER , I keep the Lorne Arms, Queen's Road, Walthamstow—in February, 1893, the prisoner came there and handed me a card of the Ocean Company, and said he represented them, and mentioned Mr. Higgins, Mr. Way, and Mr. Payne—he said he had a letter from Messrs. Wroth asking him to insure three houses—I agreed to insure with him for £150, and there was £100 extra risk, which brought the premium up to £2 6s.—he gave me this receipt, and said, "You cannot possibly have the policy for a fortnight, but I will give you a cover note"—I parted with
my money on account of his mentioning people I was acquainted with, and he showed me a receipt for Mr. Payne's payment—I did not receive the cover note or the policy—I saw him again on the 8th or 9th February, and asked him about my policy—he said, "You cannot possibly have it under a fortnight"—I sent a telegram asking if he represented the company, and on February 7th I went to the company's office, and in consequence of what they told me I took out a summons against him at Stratford Petty Sessions, and on the next day I received a letter from the company—the summons was returnable the week after, and the day before it came on for hearing the prisoner called at my house, and said it was very foolish my taking the proceedings I had, and it would be best for him to give me back the money and not appear to the summons—I said "No, I shall not do anything of the kind"—I appeared at the Petty Sessions on the 24th, but I was too late; my time was eleven, and it came on at ten, and was adjourned—he came to me on March 9th, and again wanted to settle the matter by paying me the money—I said that it was entirely in Mr. Roberts' the secretary's hands—I have never been insured in the Ocean at all, and never received the policy or cover note.
Cross-examined. I said at the Police-court, "I paid him the money because he showed me Mr. Payne's receipt and a letter from the Ocean Company"—I knew that Mr. Payne was insured in the company, and had no doubt he took it out through the prisoner—Mr. Maitland has it (It was produced, and was marked, "Agent, G. A. Sydenham," upon which MR. GEOGHEGAN stated that he should not ask the JURY to convict on this case.)
WALTER JAMES BUSH . I keep the City of Canton, Poplar—on February 15th the prisoner came to me and asked me to insure against burglaries—I asked him what company—he said, "The Ocean, Mansion House Buildings; I have several names of publicans who have insured; Mr. Davis and Mr. Coveney, and Mr. Loader"—I knew Mr. Davis and Mr. Coveney, and thought if it was good enough for them it was good enough for me, and I agreed to insure for £200, and paid him £1 9s. 6d. premium—he gave me a receipt, and wrote his name on the back of it, and said that I should have the policy in fourteen days—I have also a jobmaster's business, and he said, "Why not insure it?"—he called three days afterwards, and I said I had not made up my mind—I have never seen my policy—I next saw the prisoner in the public-house on the day he was arrested.
Cross-examined. Mr. Davis and Mr. Coveney are well-known members of the trade; they have known me many years—I made no note of the conversation—the prisoner did not say that he had been introduced to them, and they were going to insure—he said that they had already insured, and that he had insured Mr. Loader—he distinctly told me that he had insured the three—he wrote "Insurance broker" on the receipt when I gave him the money, but when he came in he told me he was an insurance agent—I do not know whether my proposal was declined.
WILLIAM DAVIS . I formerly kept the Abergeldie Arms—I am deputy chairman of the East-end, Protection Association, and am well known—I was in partnership with Mr. Coveney at the Britannia—I do not know the prisoner—I have never effected an insurance with him in any company; the first time I saw him was in the dock at the Police-court.
Cross-examined. Mr. Coveney was sole proprietor of one house and
part proprietor of another—I have sometimes called to meet him at his premises, the Old King Harry—the prisoner may have been in the house when I was there in January, but I did not see him—I never spoke to him in my life.
JOHN COVENEY . I keep the Old King Harry, Mile End Road—I am chairman of the Licensed Victuallers' Asylum—I never insured with the prisoner, or gave him the names of persons to call on; I might have mentioned names—he asked me whether I would insure; I said that I would consider—he called again about February 20th this year, and I declined—I may have mentioned Mr. Casson's name to him in the course of conversation.
Cross-examined. I gave him my card on the first occasion—I cannot recollect the date of the conversation, or whether it was in December, but I did not have these cards till the beginning of the year—he asked me if I knew certain persons—I said, "Yes," and I have no doubt that was for the purpose of asking. them to insure—I should not give him names when I did not insure myself—I have said, "He asked me if I knew the names of any publicans in that road," and I said, "Yes"—I did not understand that he was asking me for introductions or for the purpose of calling on them, or I should not have given them to him—I do not know whether I gave him the name of Mr. Riddle, of the Kentish Drover, or Mr. Moore, of New Cross, but I know them—Mr. Davis may have been present on the second occasion, but not on the first—there were only three of us in the bar then, but on the second occasion there were more people, and Mr. Davis might have been there.
Re-examined. I had just had my cards printed—a gentleman congratulated me on being elected chairman—I gave him one across the bar, and the prisoner asked for one, I gave him one.
By the COURT. I may have mentioned Mr. Casson's name at the first conversation—I told the Magistrate I was not sure whether I did.
WILLIAM ALLNUTT . I am clerk to the Ocean Accident Guarantee Company, Limited—the offices were at Mansion House Buildings, but we removed on March 1, 1893—agents are appointed by a printed form signed by the manager—the prisoner has never been an agent—he was not authorised to receive money for us—he sent us the document in January ("Shall be happy to act for the Ocean, agent for the Equitable")—I knew him before January 18th—on January 23rd we sent him this letter (Stating that they would allow the prisoner commission on policies introduced by him, liability only to commence when the premium was paid, and forwarding a supply of papers.)—on 17th February I wrote to him: "Sir,—I am given to understand you are representing yourself as an agent of this Corporation, which is incorrect, and if it continues I shall give the public notice through the Press"—on February 24th I received these two proposal forms, O and N—N is a proposal by Mr. Benjamin Loader—the date seems to be written over January—I also received this letter, P, with two proposals—on 24th February I sent this letter, Q, to the prisoner (This stated: "I notice you have placed your name as agent for this corporation, you know you are not, and never were ")—I received one premium from the prisoner, Mr. Payne's, by crossed cheque—I have not received one for Mr. Loader or Mr. Bush—this "Agent, G. A. Sydenham," is here, because this is an ordinary form, and the word
"agent" is printed—we do not have a form for insurance broken—Mr. Wheeler has been with us about a year—I have not got the answer to the letter telling him he had no right to call himself our agent.
Cross-examined. I saw the prisoner on two or three occasions—the insurance against burglary has been going on four years—I endorsed on this application, "No agency appointment form, simply limited to cash agency"—I am chief superintendent of the burglary insurance branch—if he had been allowed to transact business for cash he would not be an agent—this document, "This is to certify that Mr. F. C. Sydenham, agent, has this day remitted £ to the credit of his agency account," was issued by a junior in the office—it would not be issued by me. (MR. GEOGHEGAN here stated that he would not contend that the prisoner was not an agent.)
CHARLES SHEPHEARD (Police-sergeant K). On March 2nd I went to the Queen's Hotel, High Street, Poplar, with Mr. Bush, and saw the prisoner—I said, "You had better all come to the station"—the prisoner said, "All right, I was going to pay the money back"—he was detained pending inquiries, and a warrant was taken out against him at five o'clock for obtaining 19s. 2d. of Christopher Wheeler—he made no reply—I found no money on him.
Cross-examined. He walked with me and Mr. Bush to the station—the warrant was granted in the afternoon, and then I arrested him—I searched him and found on him this hotel bill from some place in the Oval—he did not tell me he had been endeavouring to obtain insurances elsewhere—I found on him a prospectus of the Gold lion, limited, but he did not say that he had been endeavouring to effect insurance in that company—I left the station about 12. 40, and did not return till five o'clock.
GUILTY**on the second and fifth Counts (Casson's and Bush's cases).—
Four Months' Hard Labour.
THIRD COURT.—Friday, 14th April, 1893.
Before Mr. Common Serjeant.
422. ARCHIBALD WITHERINGTON (22) PLEADED GUILTY to unlawfully obtaining a breast-pin by false pretences, with intent to defraud; also to obtaining £6 with a like intent. Recommended to mercy by the prosecutor.— Discharged on recognisances.
423. HENRY JONES (28), EDGAR ASHLEY (29), WILLIAM CREW (23), ARTHUR BARNES (20), ALBERT BRANDT (19), and EDWARD THOM (22) , Conspiring to obtain places by false pretences, with intent to steal. JONES, ASHLEY, BARNES, BRANDT, and THOM PLEADED GUILTY .
MR. BIRON Prosecuted.
GEORGE RICHARDSON . I keep the Coach and Horses, Holloway Road—on 28th June I advertised for a barman, and Crew called—I asked him for a reference, and he said he had been employed by Mr. Ashley, of the Lamb Tavern, Caledonian Road, for eight months, and left a week before, as the hours were too long—I went to the Lamb and saw the prisoner Ashley—I told him I had come after Crew's reference—I said, "Is he
a good man, is he well up in his work, and is he honest?"—he said, "Yes, he is a thoroughly good man, thoroughly up to his work, and strictly honest; I am very sorry to part with him, but he could not get up in the morning"—I took Crew on that reference—he came in on Thursday evening, 30th June—I keep an account of the takings daily, and I did so the Friday following, and in the evening, when the house was closed, and he was going to bed, we counted the cash—I called him down, and asked him if he was sure he had made no mistake in giving change during the day, as we were busy as usual in all the bars, and our takings were considerably less—he said he was sure he had made no mistake, and all he knew was that he had been hard at work serving all day—he remained till mid-day Monday—on comparing Friday, Saturday, and Sunday, when Crew was in my employ, with the same three days of six preceding weeks, the deficiency was £9—he absconded on Monday—on comparing the six succeeding weeks, the same days, the deficiency was £7 10s.—the takings went up again immediately he left to that extent—the Monday he left he was told to go up to his rest, and my daughter afterwards said he had gone out with his bag—I went out, but could not see anything of him—he had only a few collars and aprons—he did not ask for his money—I watched him on the Monday from a compartment where I had a full view of the bar—I went to Ashley and said, "A pretty beauty of a barman you recommended me; the takings were short every day he was there, and on Monday he absconded"—he said nothing—I said, "Of course you, as a publican, won't think of giving him another reference"—he said "No, he would not"—I said, if anyone should apply, would he send them to me—he said he would.
Cross-examined by the prisoner. I don't know that you referred me to E. Ashley—I don't say you never worked for Ashley—I heard it said that you threw a glass of ale over a customer, not that you had one thrown over you—I never told you to go—my takings fluctuate.
SARAH ABSALL . I keep the Albion Hotel, New Bridge Street, Black friars—on 2nd February I inserted an advertisement—Crew called on me and said he had been employed at the Lamb, Caledonian Market, for a year and eight months, by Mr. Ashley, whom he had left about a week, as he had to be up at 4. 30 a. m., and retire at twelve—I went to the Lamb, where I saw Ashley, who said Crew was honest and steady and a good working man—on Ashley's recommendation I took him, and he came to me on 9th February, and remained three weeks, when he was taken—we lost a packet of coppers after the house was closed, and he being a new servant, I naturally concluded something was wrong—this was three days after he came—my other servants had been with, me a considerable time—I did not particularly notice any falling off in the takings—ours is a large business, and it would be difficult to trace till stock was taken.
WILLIAM HENRY ASHLEY . I have kept the Lamb Hotel, Caledonian Market, nineteen years—I was laid up from October last till about a month since, and the management of the business was left to my son, and it has been for four years—I have known Crew since he was a child—my son employed him at his club—if he was employed at the Lamb it was during my illness.
a warrant at the Albion Hotel—I read the warrant to him; he made no reply—I conveyed him to Kennington Lane Police-station, Lambeth—Ashley and Barnes were there; they recognised each other and spoke—Crew said, "If they had been ten minutes later they would not have found me; I was going up to your place, when I should have heard, and I would not have returned"—Ashley had been arrested that day.
Cross-examined. When I arrested you I had Barnes outside in a cab—Sergeant Scott, I believe, was also at the Station.
Witness for the Defence.
ALFRED SNELL . I live at 109, Torriano Avenue, Camden Road—I am a waiter—I remember your working at the Clayton Club, Camden Road, for Edgar Ashley, with me, for about eight months, and you worked at the Lamb Hotel, Cattle Show week, for three days, and on several occasions, during the last eight or nine months.
Cross-examined. The Clayton Club has been shut up for some time; I cannot say how long—the prisoner was never employed as barman at the Lamb as far as I know—he was waiter at the Clayton Club in Cattle Show week.
The prisoner, in his defence, said that he worked for Edgar Ashley for eight months previously, that it was usual in the public line for a publican to give another reference, and he considered Edgar Ashley was justified in speaking for him as he did.
GUILTY .—THOM, Six Weeks; BARNES and BRANDT, Three Months , JONES, Five Months; CREW, Fifteen Months; ASHLEY, Eighteen, Months; all without Hard Labour.
OLD COURT.—Monday and Tuesday, April 17th and 18th, 1893.
Before Mr. Common Serjeant.
MR. BODKIN, with MR. TRAVERS HUMPHREYS and MR. HEWITT, Prosecuted; MR. PIGGOTT appeared for Richards; MR. R. GILL and MR. GREEN for Mann; and MR. WARDE for Wilson.
ALFRED STANLEY . I am a traveller to Messrs Arthur Nash and Company, metal merchants, of 143, Cannon Street, and early last June Richards called and said he was a builder and zinc worker, of 46, Stalybridge Road, South Tottenham, and wanted some zinc and solder—I asked for references—he gave me a man named Catlin, of Carfax Square, Clapham, to whom I wrote and received this reply (From F. W. Catlin, stating what he had known George Richards six years, and done business with him up to £50, and always found him just in his payments.)—I then advised the firm to supply goods to Richards—the first order amounted to £13 0s. 9d., for about a ton of zinc on June 1st, which we delivered on June 4th; and on June 9th some more zinc, amounting to £26 4s. 4d.; and on the 22nd, £17 16s. 6d., and 16s. 3d. for 69 sheets of zinc, a bag of nails, a box of nails, a tin plate, and some solder; and on July 7th, 22 sheets of zinc, some solder, and a 1/2 cwt. of wire nails, value about £18; and on July 19th, zinc and solder, value
£26 10s. 10d.—the value of the whole was £116 0s. 4d.—the terms were cash in a month—we sent a statement of account at the beginning of the month, but never got paid—I went to 46, Stalybridge Road, a private house—a woman opened the door, and I could not form any opinion of what business was carried on there—when we parted with our goods we believed Richards was a builder and zinc worker—we took proceedings in the High Court and got judgment, but could not distrain because we found there was nothing to levy on—about October 10th he was adjudicated bankrupt—about August or September Lawson came, and said he was a builder, of Kingsland Road, and asked us to supply him with goods—he wanted credit, and we refused to supply him.
Cross-examined by MR. PIGGOTT. I did not press Richards for any goods—I am paid by salary, not by commission—I had no reason to suppose a genuine business was not being carried on—we often go to a builder's private house.
Cross-examined by MR. GREEN. There is a good deal of building going on in the road—it is quite a new road—the land is quite unenclosed; anyody could deposit goods there—I have seen Mann at Stamford Road more than once, but I did not see him on the day I delivered the goods.
By the JURY. It was a private house in progress of being built—a foreman received the goods and I got the receipt (Signed "For G. H. Richards, per G. L")—I cannot say when I saw Mann there—I frequently delivered goods there—he was walking about—I did not know that he was doing any work—he appeared to be in charge of the works—I saw him there two or three times.
LOUISA ARNETT . I keep a laundry at 46, Stalybridge Road, and let out part of the house in lodgings—for about sixteen months, up to Christmas last, Richards and his wife occupied my front parlour at 2s. 6d. A week—Lawson visited Richards there two or three times—Mann has been once or twice, and Wilson has been there; he lived two doors off—Catlin came once or twice, and I saw him afterwards at the Police-court—Grant came once or twice.
Cross-examined by Lawson. You came alone, not with the others—each time you came Richards was ill in bed with rheumatics.
Cross-examined by MR. PIGGOTT. Richards always paid his rent—I knew he was a builder—working men came there—he went to work in the morning, and returned at night.
Cross-examined by MR. GREEN. I do not know that Richards was doing plumbing work for Mann.
Cross-examined by MR. WARDE. Lawson and Wilson have been into the house, but not very often.
JEREMIAH LESTER . I am a labourer, of 15, Stanhope Road, North Finchley—at the end of 1891 Mr. Mann employed me as a general labourer to work at Stamford Road, Southgate Park—he was building houses there, and I worked there twelve months—Richards worked there as a painter and plumber.
Cross-examined by MR. GREEN. Mann was being financed by a man named Dormer, under what is now one of the usual building agreements
—Mann had actually built the carcases of six houses; two were finished and two partly finished—he employed all the men—Richards was plumbng and painting—Dormer died in June, I cannot say the date—I was not put in as foreman by his executors; I was timekeeper on the job—after Dormer's death I continued to be Mann's servant, and during this time I signed some delivery sheets for goods delivered on the premises.
Re-examined. After Mr. Dormer died Mr. Byfield sent the money for wages—the buildings stand just the same now as when Mr. Mann left them about August last.
MR. TRISTRAM. I trade as Caseborne and Co., cement merchants, of Leeds—on September 7th I received this letter (From Henry Wilson, inquiring the price of cement delivered at Tottenham Station.)—I sent him a list of prices, and on September 20th received this letter (From Wilson, ordering 5 tons of Portland cement at once, referring to his solicitor, and to Mr. Grant.)—I never received the name of his solicitor—on September 23rd I forwarded the five tons of cement in 50 bags, and sent an invoice a day or two afterwards—on 13th October I got this letter on paper of Mr. Horatio Hubbard (Ordering pipes and fir poles.)—we did not supply them, as we could not deal with them outside Yorkshire—I received this letter in November (From Wilson, for another person whose letter he enclosed, and ordering a track of cement, stating that the firm was now Wilson and Jodders.)—I then wrote this letter (Stating that the cement could not be sent that week, and asking for the amount to be sent, as they were entire strangers, and further correspondence was also put in with orders for cement and lime, enclosing an acceptance for £24 15s.)—I sent the account form back; the acceptor was A. E. Mann—it was payable at one of the North London banks—I sent it back on December 8th, saying that what I wanted was a draft, and they had sent me a three months' bill—I then received this letter (From Wilson and Jodders, stating that they had been daily expecting to hear about the draft, and had been obliged to purchase the cement elsewhere.)—he called the bill a draft—I did not execute the second order—the five tons of cement was all he got, and I believe he was fully able to pay for it—the writing of some of these letters, signed A. E. Mann, is the same as that of the returned acceptance—I did not communicate with the references.
Cross-examined by MR. GREEN. I get many acceptances, some of which I make inquiries about—I kept it over a week before I returned, it—I did not execute the order, not being satisfied.
Cross-examined by MR. WARDE. The cement was £8 15s., and £2 10s. for the bags they would be credited—it is not the fact that Wilson sold these goods to a builder—I never heard that he does business with a firm named Bang—Wilson is not connected with my firm—I do not know whether he is a friend of Mr. Caseborne or not.
Re-examined. Mr. Caseborne had nothing to do with these goods; he is in Madras.
GEORGE ARTHUR COLE . I am a weigh-bridge clerk at Southport Station, Midland Railway—on September 27th, five tons of cement came there consigned to the order of Caseborne and Company—Wilson had inquired for it a day or two before—we received this transfer by post from Caseborne and Co.—when the cement came I advised Wilson of it, at 108, Amtil Road, Tottenham, and received this on the 29th: "Please
deliver to C. W. Coffee fifty bags of cement.—WILSON. "—the cement was delivered to Coffee—108, Amtil Road, is a six or eight-roomed house in a row.
CHARLES HORLEY . I am a carman in the employ of the railway company at South Tottenham—on September 28th or 29th I received an advance note from Mr. Cole, and delivered goods to a female at 108, Amtil Road.
WILLIAM CURTIS . I live at 25, Roslyn Road, Tottenham, and work for Mr. Coffee—he sent me last September to South Tottenham, Midland Station—I there unloaded forty-five bags of cement from a railway truck, and took it to Waverley House, Bruce Grove, Tottenham—I saw Mrs. Grant there, and left it in the wash-house—on the subsequent load being delivered I saw Wilson and Grant together, and Wilson said he had taken Waverley House on lease—after delivering the cement I took twenty bags away, and delivered them to Mr. Coffer—Wilson was there on one occasion when I took the cement—the name on the sacks was Caseborne and Co., Leeds.
GEORGE HERBERT COFFEE . I am a house decorator, of Newton Road, Tottenham—I have known Wilson since September last, but did not know what he was—at the end of September I carted five tons of cement for him from Tottenham Station to Waverley House for 15s., which he said he had taken as a commission yard—I gave instructions to Curtis, and the cement was carted—I would not deliver the last load because I wanted the money, and it was arranged that I should keep five bags, which would be half a ton—Wilson asked me if I could do with any of the rest—I said I did not want it just then, but I expected I should—I afterwards took thirty-eight bags, including the five, and paid Wilson for it from time to time at 35s. a ton—I paid him £5 8s. 6d. altogether—this is the receipt, dated October 18th, but he brought the bill twice before I paid him.
Cross-examined by MR. WARDE. I do not know that Wilson sold any to other people—I do not know a firm named Bang, in Vicarage Road, Battersea.
JOSEPH HUBBARD . I am an auctioneer and surveyor—in September, 1892, I had the letting of Waverley House, Bruce Grove—Wilson called and described himself, to the best of my belief, as something in the building trade, a commission agent or something of that kind—he wanted the house to store builders' goods there, I believe—eventually we came to this agreement, dated October 18th, for a yearly tenancy at £30 a year—I got no rent—he took possession, and remained there till he was arrested early in this year—I applied for the rent at Christmas—Richards came to me about the same house before Wilson applied, I believe—I came to no arrangement with him.
Cross-examined by MR. PIGGOTT. Several people called about the house—Richards did not come with Wilson—the house is very large and old, and was dirty, but not dilapidated—he would not have had it at this rent if it had not needed to have money spent on it.
ALFRED JOHN WISCHUSEN . I lived at 3, Portland Road, South Tottenham—from May to October last I was caretaker of Waverley House, Bruce Grove, under Mr. Hubbard—Wilson came in reference to the house, and I referred him to Mr. Hubbard—I remained there after
Wilson became the occupier of the house—a quantity of cement was delivered—no kind of business was done there—I never became acquainted with Mr. Johnson, a partner of Wilson—I occupied rooms at the top of the house, and paid Wilson 3s. a week rent—Grant and his wife also lived there as fellow-lodgers with me, occupying one room downstairs—I left the premises on 5th December—I have seen Richards there with Wilson—I do not remember goods other than cement being delivered there.
Cross-examined by MR. PIGGOTT. I did not see Richards doing plumbing work—the house was in a bad state of repair—the w. c. was out of order—it was not put in order—they had a ladder there, and there were preparations for work.
Cross-examined by MR. WARDE. The ladder was in front of the house up to the roof—the guttering was hanging down at the back—I never saw Richards or anyone on the roof—I was at work all day, but I was close handy, and passed backwards and forwards—the ladder was there two or three days—the gutter was taken away, and some piping was removed; it was not old and leaky—I complained to Wilson that the sanitary state of the house was very bad—Wilson said he would have it seen to, but he never did so; we had to do it ourselves.
ELIZABETH BELL . I am the wife of George Frederick Bell, of 52, Somerset Road, Tottenham—that house used to be called 1, Albion Terrace—Wilson occupied a furnished room there from 11th July to 3rd September last year, at 3s. 6d. a week—he had no furniture of his own and no luggage, nothing but what he stood up in—he told me he dealt in cloths, silks, shirts, cement, and bricks—I had a bill up that I had two empty rooms, and he asked me to let him have them to put some rolls of cloth in—he said he had a warehouse in the City—when he left on 3rd September he owed me six weeks' rent—I sent him away; I said I could not keep him any longer—he said he had a row of cottages at Pender's End—at first he said he got the rent for them quarterly, afterwards he said it was weekly—he said he had a large orchard with fruit, which he let out—Johnson and Grant used to come to see him, and a man named Mule, or some such name—Wilson said he had a large house in Northumberland Park, and he used to use the downstairs part to store his cloths and things in—I never saw any of the other prisoners visiting Wilson.
Cross-examined by MR. WARDE. He offered me a piece of cloth in settlement of my account; but it was worth more than the rent, and I should have had to give him the difference in money.
HENRY SAUNDEBS . I am a compositor, of 40, Stalybridge Road, Tottenham—about September last Wilson came and lodged with me, occupying the back bedroom, furnished, at half-crown a week—he had no luggage or furniture with him—about the beginning of December he owed me 10s.—he asked me if I could change a cheque for him, and he would then pay me—it was for £2 on the London and Provincial Bank, Kingsland Branch, drawn by A. E. Mann to Mr. Hy. Wilson, and was crossed I took it and kept it about three weeks, and on 22nd December I handed it to Dr. Duncan, who had been attending my family—I gave 30s. to Wilson—the cheque afterwards came back with "No account" on it, and my wife gave it back to Wilson—I was not there at the time—Wilson told me he was very sorry, and he would be responsible for it—I
never got back the 30s., nor was I paid the 10s. for rent—letters came for him from time to time—he was arrested at my house.
Cross-examined by MR. WARDE. I have paid Dr. Duncan since the case commenced—I asked him if Wilson had been deceived, and he said "Yes. "
Cross-examined by MR. R. GILL. I kept the cheque for three weeks and then Dr. Duncan kept it for about three weeks; he returned it to me on 17th January.
MR. TRISTRAM (Re-examined). On 14th November I received this letter (This had a printed heading: Lawson, Builder, 228, Kingsland Road, and asked whether lie could be supplied with cement and plaster, and enclosed references.)—I did not apply to the references directly—I replied by this letter of 16th November, giving prices for cement and other articles—on the back of the letter I see now memoranda, which are not in my writing: "Hawkes and Tompson, rope makers; Ellis and Company, coals; Shadbolt, lime; Trigger, zinc; and Braby and Company, zinc," etc.—I received this letter of 17th November, signed Lawson, per G. H. R. (This ordered five tons of cement to be sent to Tottenham)—on 22nd November I forwarded, through Shepworth, to Tottenham Hale Station five tons of cement in sacks, to Lawson's order—the value of it was about £11 12s. 6d.—all our private sacks were marked "Caseborne"—I received this letter from Lawson (Asking if he would supply him with Portland cement, as lie wanted several tons for a large contract for cement work, and adding that he could give references.)—I wrote on 25th ovember, saying that I regretted to have to announce the non-arrival of the cement—this is the invoice of it—I received another letter, and wrote this one to Lawson (Stating that they had wired for eight tons of cement to be sent to Worship Street, and asking him to transmit for the last truck as they were strangers)—on 30th November I had this letter from Lawson (Stating that he had sent an order for eight tons of cement to be delivered at Worship Street, and asking the price of slates and pipes.)—I received this letter from Lawson, dated 1st December (Asking if the cement was coming, and stating that lie paid cash for such goods; that he should want 200 tons, and that he should pay for the five tons in ten days' time.)—I wrote saying that the cement had left that day—on 2nd December I forwarded eight tons of cement, value £18 12s.—we charged 1s. each for the sacks, the usual thing in the trade—on 6th December I received this letter—in consequence of it we wired to the railway Company, and wrote this letter (Complaining that the cement had been sent by mistake to Broad Street) this is the invoice of the goods to Lawson up to date, £23 14s. 6d.—on 13th December I received this letter from Lawson (This enclosed a bill for £23 14s. 6d., and stated that he would send about half the bags back; ordered another eight tons, and asked for the price of slates, pipes, and oilier goods.)—this is the bill for £23 14s. 6d., dated 12th December, at fourteen days, addressed to W. Lawson, and accepted by him, payable at the London and County Bank, Kingsland Branch—on 13th December I wrote acknowledging the receipt of the bill, and stating that I had sent the eight tons of cement, value £18 12s.—that was before the fourteen days had expired—on 30th December I got the bill back marked "No account"—I sent Lawson a telegram apprising him of the dishonour of the bill—on 2nd January I
received this letter (Expressing regret that he could not meet the bill, as he had not been able to finish his work, but stating that at the end of the month he could pay all he owed, and that he would send the sacks back, which his foreman had forgotten.)—I wrote one or two letters after that demanding; payment—I got back twenty sacks, but I had sent 210—I have been, paid nothing in respect of the bags delivered—when I parted with the cement I believed that a genuine business was being carried on at 228, Kingsland Road, and that Lawson was dealing with me in the ordinary way of business, and that the bill would be met—that affected my mind when I parted with the last eight tons, or I should not have sent any more.
Cross-examined by Lawson. I made no inquiries about the two references you forwarded to me; but I made inquiries about you which were fairly satisfactory—the frost was very severe, and that makes a great deal of difficulty to speculative builders—the money for the five tons you had on 22nd November would be due on 22nd December—you were arrested on 21st January—you had all the cement within a little over a month—I had no idea that I should not get my money; I should not have supplied the cement if I had—I have not preferred a charge against you—some time after you wrote and told me you were very sorry you were not able to meet the bill.
Cross-examined by MR. PIGGOTT. I communicated with my solicitor to take civil proceedings to recover the money; I should have done what I was advised to do—it is an ordinary course to get letters written and initialled by a clerk; I do it myself; letters sent out like that are sent on my authority.
WILLIAM BURR . I am a carman and contractor at Scotland Green, Tottenham—William Nichols is in my employment—shortly before Christmas I saw Lawson at Tottenham Brewery—he asked me to cart a ton of cement for him from Tottenham Station, on the Great Eastern Railway, to Harringay Park—the carting was done.
Cross-examined by Lawson. I charged you 4s. and you paid my carman—I only carted one ton.
AMOS WOOD . I am a goods porter at Tottenham Hale Station, Great Eastern Railway—on 23rd November a Great Northern truck with fifty sacks of cement came there consigned to Lawson—Burr's carman came to take them away; Lawson was there when they were delivered.
Cross-examined by Lawson. I don't know that I saw Richards there; I saw you—the weather was not Very wet when you came; it rained two hours afterwards—the cement came on Wednesday, and you came to take it away on Saturday.
WILLIAM NICHOLS . I live at 18, High Cross Road, Tottenham—I am a carman in Burr's employment—about Christmas I had orders from him, and carted cement from Tottenham Hale Station—I there saw Burr speaking to Lawson—I took the cement to the Harringay Park Estate, where building was going on, and delivered it there—Lawson and Richards, after going a little way, went in front of me and I followed them.
Cross-examined by Lawson. You and your foreman went on first because rain came down very heavily—the cement got wet, I suppose—
you paid me at the buildings—you gave me refreshment and 6d.—I only carted one ton.
By the JURY. It was not raining when I went out about two, but it began to rain after I got the load of cement on and got on the road—I delivered the cement about 3. 30; the cement was in the rain for about an hour.
Cross-examined by MR. PIGGOTT. Richards and another man unloaded the cement—he was only at work assisting at loading with another man.
SAMUEL TAYLOR . I live at Rose Cottage, Scotland Green, Tottenham, And am an horse slaughterer—I met Richards (whom I had seen about) on a Sunday morning in November with another man, very much resembling Lawson; he had spectacles on—the man with Richards asked me if I could load cement from a truck for them when it came up—I agreed to do it for 4s. a ton—on the following Monday week I started carting the cement from a truck at Tottenham Hale Station to Foyle Road, Tottenham, Mr. Boalch's premises—I was paid 4s. for the ton I took—Mr. Boalch gave me a cheque for £1 6s., for the cement I delivered to him, and I handed the cheque to Lawson—I took two sacks of cement to 228, Kingsland Road; I met Richards and the other man walking up the road—I gave them some drain pipes in exchange—Lawson paid me for the carting—Richards or the other man said they were going to open a depot at Tottenham Hale Station.
Cross-examined by MR. PIGGOTT. My conversation was not with Richards, but with the other man; I don't know his name, I never saw him before—no one was there to assist me in loading and unloading—to the best of my belief Lawson is the other man, but I will not swear to him (Lawson here admitted that he was the man).
Cross-examined by Lawson. I was paid for one ton of cement I took to Boalch's; you cashed a cheque and paid me—I took three sacks and drain pipes to Kingsland Road, and was satisfied.
Cross-examined by MR. WARDE. I only know Wilson by seeing him on the job I was on—I know Bang and Walker—I did not get paid my money—Wilson sold 1 ton 4 cwt. 12 sacks of cement to those people, and he did not get, paid either—I was there day after day for my money—their place was at the bottom of Vicarage Road.
Re-examined. That was last October—I do not know where that cement came from—I never saw the bags—I only know it was cement from what I was told—we never saw Bang nor Walker; they never came near the job—I am sure there was a Bang and a Walker.
THOMAS ROBERT BOALCH . I am a carpenter and builder of Albert House, Great Paul's Road, Tottenham—in November last Taylor came to me with Lawson and Richards—I knew neither of them before—Taylor introduced them—Lawson said he was a builder and decorator; he had ordered some cement and had more than he required for his job, and wanted to sell two tons at 26s. a ton—I did not want any then—afterwards I saw Taylor and had conversation with him, and on 28th November he delivered one ton of cement at my premises, and I paid him 26s.—the ten sacks had on them the name of Caseborne and Co., Leeds.
Cross-examined by Lawson. You told me you had five tons at Tottenham Hale, and that you found it was costing you too much to cart it, and
wanted to dispose of it—you told me your premises were at Kingsland Road.
WILLIAM DEUCHFIELD . I am a builder, of Drayton House, Harringay; my business premises are in Green Lanes—one day last summer I met Richards in the Green Lanes—he said he was at work in Downs Park, and had some pipes to dispose of, which were left from a job he was doing—after that I was at work in Beresford Street, Harringay, and saw Richards—he said he had got a job at Kingsland, and had more cement than he wanted, and could I do with a ton—I believe he said the cement was then on the railway—I think he said I could have a ton for about 30s.—eventually I agreed to have a ton at 28s., and next day a horse and van arrived—a carman and Richards were with it, and a man, who I believe was Lawson, joined them soon afterwards—I took the cement, and paid Richards—this is the receipt I got—I saw Richards write it (This was for £1 8s., on 26th November, 1892, signed, "G. H. Richards. ")—about a fortnight afterwards Richards and Lawson came to me in the Green Lanes, and said they had some tiles, or sinks, or something to dispose of—about 2,000 paving tiles was mentioned, I think—having heard about the cement, I said I did not want to have anything to do with them, and the sooner they were out of my place the better—they went away—the cement sacks had on the name of Caseborne.
Cross-examined by Lawson. You said you had a job, and some stabling, or something, at Kingsland—I might have said, "You ought to have a foreman"—you helped to unload it, as it was raining, and Richards gave the receipt.
Cross-examined by MR. PIGGOTT. I have known Richards ten or twelve years; he has worked for me as a plumber—he has generally done something for the money I have advanced him—when the money was paid to Richards, I believe he handed it to Lawson—Richards has offered to take work on his own account—I did not know he was Lawson's foreman—I should have been surprised if he was—he might have mentioned that he was, but I do not recollect it.
G. H. COFFEE (Re-examined). I also know Richards and Lawson—I heard him admit that he was Lawson—I met them last December near the Seven Sisters Road, Tottenham, and they wanted to know whether I could unload some cement for them from Tottenham Hale, where Lawson said he had got a shop.
Cross-examined by Lawson. I believe you said you had carted it three times, and it cost too much money—I never saw you before that I am aware of.
Cross-examined by MR. PIGGOTT. The conversation took place with Lawson and Richards at the Seven Sisters Hotel—I do not know that Richards worked for Lawson; I knew he would have sold me a ton of cement for a sovereign—I never knew him to be working; when I saw him he was walking about.
WILLIAM ROBERT SHEPHERD . I am a goods and weigh-bridge clerk at Worship Street Goods Depot, which is connected with Broad Street—on September 6th a truck of cement came to Worship Street by Caisford and Co.—the prisoner Lawson came and inquired for it; no one was with him—I had advised him of its arrival—he came again on the 8th with Richards, and signed the delivery book for the eight tons—on December
19th a second consignment of eight tons arrived—Lawson and Richards came to see it, and it was cleared on December 21st, and Lawson paid me 3s.—Richards signed the delivery book in Lawson's name.
Cross-examined by MR. PIGGOTT. Had I taken it myself I should have required him to sign his own name in the book, not his master's—there are some initials underneath—the rules are that whoever takes away the goods signs his own name.
JOHN FREDERICK LONG . I am a clerk in the London and County Bank, Kingsland Branch—this bill for £23 14s. 6d. was presented there from the Leeds Bank for payment—Mr. W. Lawson has no account there, and there were no effects to meet it.
HENRY ARTHUR KETTLE . I am an oil merchant, of The Chesnuts, Pinner, and trade as Marsham and Kettle at 194, Kingsland Road, and am land-lord of 228, Kingsland Road, which was to let last October, when Lawson came to me and said he was a builder, and wanted the premises for trade purposes—the rent was fixed at £38 a year—I asked for a reference, and he gave the name of Mr. Harvey, 4, Curzon Street, New North Road—I wrote to that address, enclosing a printed envelope, and received this reply (Stating that Lawson was an honourable man and well connected.)—upon that I allowed Lawson to take possession of the premises, and he wrote this informal agreement in my presence—he came to my office early in November, and brought this cheque for £3 18s. drawn by A. E. Mann on the London and Provincial Bank, Kingsland Branch, in favour of Richards and endorsed by him—I asked if he knew anything of Mr. Mann—he said "Yes, he is a very wealthy man, living in a splendid mansion in the Green Lanes"—I said I did not care about cashing the cheque; I did not know anything about Mr. Lawson, and he would have to endorse it for me—he said he did not mind that, Mr. Richards owed him £3 5s., and he took the cheque and gave him 10s.—he said that Richards was a plumber, who got it for work done—I agreed to cash it—Lawson endorsed it; I gave him £3 15s., and paid it into my bank, and it came back marked "N. S."—I told Lawson—he said "I cannot understand it; if Mr. Mann does not pay it I will give you the money for it"—I agreed to wait a few days to see if he could get the money—about a month elapsed, during which I saw him two or three times; but he had got clean shaved, and was wearing glasses, and I did not know him, though he was there once or twice when I called—my brother spoke to him and I said, "Is it Lawson's brother?"—he said, "No, that is Lawson himself"—he promised faithfully to come down and make arrangements for paying—he came and brought Richards, and said he was the man who had been working for him; that Richards had got the cheque from Mann, and it was a bond fide transaction; and if Mann did not give him the money he would give it out of his own pocket before Christmas—Richards tried to make out that Mann was anything but an honourable man—I said that I should expect payment at Christmas—towards November 25th I received this letter, signed A. E. Mann, 81, Trinity Road, Wood Green. (This stated: "This was got from me by Richards; you must apply to Richards for the money if you have given him money for it.")—this is not my letter. (Read: "November 24th. SIR,—It is my painful duty to write respecting a cheque of yours for £3 6s., returned marked 'No effects.' Unless that cheque is met I shall place it in the
hands of the police.—Signed, MARSH AM and KETTLE ")—that is a forgery; I do not know whose writing it is (Lawson he re stated that he wrote it.)—I wrote to Mann merely acknowledging the letter, and sent for Lawson and showed him the letter, and said that it seemed to have come from him or somebody connected with him and he had committed forgery—he said that he forged our name, but did it in our interest, and sent it to Mr. Mann just to frighten him—he said that Mann was a builder—Wilson called next and introduced himself as an intimate friend of Mr. Mann—I asked what his business was—he asked if I had received a letter from Mr. Mann—I said that I failed to see what business that was of his—he said he was anxious to find out if a cheque had come to me; the fact was, Mr. Mann had plenty of money in the bank, but Richards had no right to the money and Mann had stopped it—I produced this cheque and asked him if he knew what "N. S." meant—he said "No," so I explained it, and said I could not reconcile that with the fact of his saying that Mann had plenty of money in the bank—he said that he could not understand it—I produce a blue ink letter and a letter from Mr. Mann—this was in my brother's private office—I was called away once or twice into my own office out of sight—he advised me to wait a day or two and put it into the bank again—I showed him to the door—next day I looked for the blue letter and could not find it, but Detective Murphy showed it to me about a fortnight after Christmas—Lawson told me that Richards gave it to him for work done—I paid the cheque in again and it was returned with "N. S." scratched out and marked "Account closed"—Lawson occupied the premises till his arrest, but did not pay his rent, which was £38 10s—I distrained and found a can filled with water and capsuled over the top as if full of varnish, and fourteen or twenty sacks tied up and filled with dirt; also thirty or forty bricks done up in brown paper with a screw outside—the fixtures, value £2 or £3, were gone, and the coppers pulled down; I have since seen some of them at Mr. Tilley's, next door.
Cross-examined by Lawson. You did not tell me that Richards owed you money—you fixed a partition in my passage, but it was not agreed that you could have the fixtures instead of the money—you were to put a new stove in, but you took the old one out and never put in the new one—I found two of my glass cases next door.
Cross-examined by MR. PIGGOTT. The cheque was dated November 4th—Richards said that he received the cheque for wages from Mann—Lawson said he should sue him in the Police-court for money he owed him—I advanced money to Lawson.
Cross-examined by MR. GILL. I received the letter by post, alleged to be signed by Mann—I still suggest that the blue ink letter was enclosed in Mann's letter—he sent it on to me—it was enclosed in the black ink letter to the best of my belief; it was not brought to me by Wilson—I knew it came with the letter because I showed it to Lawson the same afternoon; that was four days before Wilson came.
Cross-examined by MR. WARDE. Wilson said that Mann was in a good position—he may have said that he was sometimes pressed, and if I passed the cheque through the second time there was a chance of there being money to meet it—I am not quite certain of the colour of the ink
of the letter enclosed in Mann's letter—it was not that Wilson showed it to me, and after that I saw Lawson.
By the JURY. That man took the blue ink letter away—I never saw Mann till I saw him at the Police-court.
EDWARD WILLIAM BARNSLEY . I trade as Meredith and Co., varnish and colour manufacturers, Birmingham—on December 13th I received this letter from W. Lawson on a printed bill of W. Hailstone, ordering a quantity of lead, oil, and colours from my agent, and forwarded it to our works—I wrote this letter to Lawson (Asking for references), and then received this letter (Giving the names of W. Muir, of Westminster, and Mr. Grant, of Bruce House, Tottenham.)—I wrote to Grant, and received this letter (Stating that he had known Lawson many years, who was most prompt in his payments, and he had no hesitation in trusting him.)—on 22nd January I forwarded by railway a quantity of colours, paint, and oil to 225, Kingsland Road, coming to £16 0s. 9d., with this invoice, and got this letter (Acknowledging the receipt of the goods, but complaining that three cwt. of white lead had not been sent.)—I did not send any further goods—I have not been paid—when I parted with them I believed that a genuine business was being done there—I forwarded them on Grant's letter.
SIDNEY DIAMOND CUTHBERT . I am a clerk in the London and Provincial Bank, Limited, Kingsland—the prisoner Mann opened an account there on May 7th last—I produce a certified copy of it made by me from the bank books; it is correct—it was closed on November 29th—from October 1st to November 29th there was never as much as £5 in his favour, and on 29th November we sent him the remaining money, 6s. 9d., by post—twelves cheques were drawn between the beginning of November to January 16th, and returned, but sometimes there was a bigger balance than 6s. 9d.—altogether since 10th October on that account fourteen cheques have been drawn, which have been returned marked "N. S."
Cross-examined by MR. GREEN. There were six payments in from October 1st to November 29th—very probably Mann's pass-book was not made up after June of that year—we charge a commission for working small accounts—customers are supposed in every case to keep a balance of £20 or £30—when the account gets very small the customer's attention is drawn to it—if he had overdrawn we should have written to him—each customer is supposed to keep a record of the state of his banking account—he would have no intimation from us of the amount of his balance.
Re-examined. After 24th November, when he wrote the letter to Marsham and Kettle, four or five cheques were drawn and returned.
WILLIAM HARVEY . I live at 4, Curzon Street, Wenlock Street, New North Road—I married Lawson's sister—I know him as Alfred Wallace, and not as Lawson—his sister was Miss Wallace—on October 11th I had a letter from Messrs. Marsham and Kettle, and the same day Lawson came and asked me if I would give him a reference—I said it was impossible for me to do so, because I was only a lodger under my parents' roof—I did not write this letter signed Mr. W. Harvey—to the best of my belief it is not in the prisoner Lawson's writing.
Cross-examined by Lawson. I never saw you write a reference—I have a letter you sent to me since you have been in prison, and the writing is
not like this—I should have brought it here, but I was out early this morning on business—I never saw you write—I visited you several times at the shop—you said you would get someone else to give you a reference—you carried on building in an honourable way, as far as I could see—I saw you hand Richards back the change—you asked if it was an honourable cheque, and he said "Yes," it came from a large builder at Tottenham.
Re-examined by Richards. He had a cheque for money owing to him, and Lawson paid it, or got it cashed.
ALFRED WALTER TILLEY . I am a boot maker at 230, Kingsland Road, next door to 228—I know Lawson as occupying 228 since October—he once showed me fittings and fixtures in his shop; there was a glass show case—I asked him whether the fittings were his—he said "Yes," he had given £5 for them—eventually I bought the show case for 4s.; and I from time to time bought some sashes, and a gas bracket, and a looking glass, and other things, for a few shillings—Mr. Kettle has since seen and identified them.
Cross-examined by Lawson. The fittings you sold me came to 14s. 6d.—you were doing something to the place—you did not say you were spending money for material and labour.
FREDERICK ACKERSON . I live at 80, Trinity Road, Wood Green—in November, 1891, I had the letting of 81, Trinity Road—a man came and eventually agreed to take it for twelve months—this is the agreement—he went into occupation just before Christmas—the first two quarter's rest up to June, 1892, were paid—the whole of the Michaelmas quarter and part of December has now been paid, and he does not owe much now.
GEORGE JACKSON . I am a carman to the London and North Western Railway, living at 3, Woodville Grove, Mildmay Park—on 4th January I delivered a quantity of goods, which had come from Messrs. Meredith and Company, Birmingham, to Lawson, 228, Kingsland Road—Lawson paid the railway charges—I know him—I would not swear if I saw Richards there, and if he helped me in—it was the first time I went to the house.
Cross-examined by Lawson. I saw nothing unusual at the place.
CHARLES WILLIAM PARKER EVERETT . I am a clerk to the Stourbank Brick and Tile Company, Finsbury Pavement—at the beginning of last January Muir brought Lawson and Richards, and introduced Lawson as a builder, of 228, Kingsland Road—they said they had come to look at samples of our goods, and I showed him samples of bricks and tiles—Lawson came again not very long afterwards.
Cross-examined by MR. PIGGOTT. Muir said Lawson had a building contract, and he asked to see The Builder—Lawson said Richards was his foreman.
FREDERICK TRIM . I am manager to the Stourbank Brick and Tile Company's works in Staffordshire—in January this year I was introduced to Richards, who introduced Lawson to me, saying he had just come from America and had plenty of money, and they had some large building contracts about London—they said they wanted lots of goods that we sold; tiles they asked for particularly, because I believe they had been making inquiries about them—I told them the price, and they said it was
too high, they could get them cheaper; after they had been to look at them I offered them at 55s. per 1,000 for cash—we have a wharf at the Midland Railway Company's Minories Station—I gave them an order to go and view the hydraulic tiles stacked there—on 9th January I received this letter (Stating that he had seen the tiles, and would be there next day at twelve o'clock)—I went to the railway yard at twelve o'clock and waited till 1. 30—I saw Richards—he was waiting for the van—at 1. 30 I went away and returned at 3. 30—Richards had then gone, and 3,000 tiles had been taken away from the wharf—I made inquiries, and went to 228, Kingsland Road—after waiting some time I saw Lawson; a van was there, some of our tiles were in it, and some had been unloaded—I did not see Richards—I asked Lawson for the money for them—I said, "You have got more than 2,000 there," or "a pretty good 2,000," something like that—Lawson said he had got an order for 3,000—the only order I had given was the order to view, on the back of a card—I asked for money for the tiles, and Lawson said his foreman was gone to the bank to get it—I said, "It is rather an unusual time to go to the bank; it is between 4. 30 and five"—then it was arranged that he was to send the money to my office at nine next morning—during the next day I was at my office up to three o'clock—neither of them nor the money came to the office—on 10th January I went to Kingsland Road; I did not see Lawson—on 10th January I got an order for five tons of cement and some drain pipes, closet pans, and earthenware goods of that description from Lawson—I asked for a banker's reference—he said he did not like to give it, because he had given them two or three times, and they thought it was too much trouble—he made an appointment to meet me at the wharf to look at the goods the following day—I gave no instructions for any of the things to be parted with—I next went to Kingsland Road on 16th January, and in the shop there I saw a lot of firebricks and sinks belonging to us, value from £10 to £13—I knocked and endeavoured to get into the house—I went several times, and later on saw Lawson at the house—I told him the sinks had been stolen, and I gave him an opportunity to return them—I think I gave him until the next day—I understood him to say his foreman Richards had told him he had got the order and had bought these things, and that if he knew he had done such a thing as that he should have sacked him there and then—he said he was paying him £3 a week, and he should not allow him to do such a thing—I never got paid for any of the goods, the total value of which was £16 or £17—when he said he had sent his foreman to the bank he pointed up the Kingsland Road—I afterwards saw at the Stoke Newington Police station a sink which I identified as part of my property.
Cross-examined by Lawson. You gave the order for 2,000 tiles in the Boar's Head Public-house—you enumerated a lot of goods you wanted—I booked them down—next day the van went and fetched them away—after you had finished unloading tiles we went to the Britannia Public-house and had a drink—you then gave an order for two dozen sinks, but I did not take or book it—we made an appointment for you to come and look at them, because I had not seen them myself—this (produced) is an order for tiles: "December 17th. Please deliver to Mr. Tattersall's order 2,000 red tiles as above, and oblige, yours faithfully"—that is on one of our billheads, and is in Mr. Everett's writing—I do not know how that
came to be written—Mr. Tattersall is one of our customers—it had nothing to do with you or any of the other prisoners—when you gave me the order I did not call you outside the Boar's Head, and ask you for a sovereign—you did not make me a present of a sovereign—I did not ask you for the sovereign which was promised me when the tiles were unloaded.
Cross-examined by MR. PIGGOTT. I did not see Richards when the tiles were unloaded—I went with Lawson to the public-house because I wanted to get the money for the tiles—I took no other order from him—I did not give him an order to view the sinks; they promised to meet me there—I went to meet them there—I was not sure if they had been and paid for the tiles at the office—I let them keep the tiles, because I was not manager then, and they were not my tiles—it is our custom always to give an order; no customer gets anything out of the yard without an order from me—before 9th December an order could be got from Mr. Everett, but not since—before we deal with people we put them through Stubbs—the prisoners would not have had these things if they had not stolen them.
C. W. P. EVERETT (Re-examined by the COURT). This order was written by my father, who was then a partner in the firm; he has now ceased to be a partner—the Mr. Tattersall referred to in it is a builder, of Drury Lane, and a customer of the firm—when Mr. Trim, who was then a traveller for us, brought in an order for 2,000 tiles for Mr. Tattersall, my father wrote out this order, and gave it to Mr. Trim, who went to Mr. Tattersall's, but did not see him, and brought the order back, and I don't know if it was given to me or my father, but it was put inside the leaves of father's diary—neither I nor my father gave it to anybody, and I don't think it was missed till a gentleman showed it to me at the wharf the other day—the diary is kept on the table—no visitor to the office would be within reach of it unless they were known—I could not say if the order was in the diary when Richards came about the beginning of January—my father only wrote out two orders that I know of; this is one of them, and the other was for another man.
Tuesday, April. 18th.
FREDERICK TRIM (Re-examined by the COURT). This order was given to me, and I took it to Mr. Tattersall, who was building a large model dwelling in Drury Lane—I did not leave the order, but took it back and gave it to Mr. Everett, who put it among papers, and I had not seen it since till I saw it in connection with this case—I have received no explanation of how the prisoners came by it, and I have no knowledge—I am quite certain I did not give it to Lawson; the only explanation I can give is that about the time they were in our office the accountants were going through our papers, and anyone coming into the office and dishonestly inclined could go straight up to the table where it was and take it away—I was then traveller; I am manager now—Mr. Everett has retired from the firm; he and Mr. Price sold the business to the Holywell Brick Company.
By Lawson. I never saw you at the office—I know nothing about your being taken up by Mr. Muir—I have heard that you went and saw Mr. Price after the tiles were delivered—I was not offended at your doing so, or at your letting Mr. Price know I had supplied you with the things—I only saw you twice, and the second time I accused you of stealing the goods, and said unless they were brought back I should
charge you with stealing them—Mr. Price was a partner at that time—I believe he was here yesterday.
C. W. P. EVERETT (Re-examined). When Law son come, Muir and Richards, his foreman, were with him—it was at one o'clock, just as I was going out to my dinner, at the beginning of January—at that time arrangements were being made for the transfer of this business, and books and papers were being sorted out on a table—Lawson, Richards, and Muir remained 10 or 15 minutes; just looked at the things on the table and left—Mr. Price was in the City on business, and they did not see him that time—I do not think Mr. Price is here this morning—I was there when they came again—Muir came every day, not that Mr. Price wanted him—the samples were in the same room as the table and the papers—Muir came several times before Lawson and Richards came—he was not there at Christmas—between December 17 and the occasion of these tiles being taken away Muir had rheumatic gout, and so he was not there so often as he had been—he came daily before Christmas, and before January 17th and afterwards. (Mr. Bodkin here stated that Muir was under remand.)
By Lawson. Muir was not a regular traveller; I do not know that he brought orders—he brought you there to look at samples—I was there at the time—I cannot say that you, Richards, or Muir went near the table on that occasion; I don't think you did—I remember your coming a second time—I don't remember you arranging about monthly credit, or about Mr. Price saying he did not know you had the sinks and tiles, or that it was a funny thing that Mr. Trim had not acquainted him of the fact—I remember that Mr. Price wanted to know about payment, and you said you would not mind him having a draw off you when you had got all the goods—Price said nothing to that—that was the second time you came—Richards called up once by himself to see Mr. Trim—I saw him.
By the COURT. I did not know that Muir acted occasionally as traveller for the firm—he gave as a reason for coming almost daily that he came to see Mr. Price, and he used to sit at the table and write letters to Price.
Cross-examined by MR. PIGGOTT. The conversation took place about payment when Lawson came up after the tiles had been delivered—no one else was present.
THOMAS ASKEW . I am a carman in Mr. Batey's employment, 48, Hargrave Street, Haggerstone—on 10th January I had instructions, and went with a horse and van to 228, Kingsland Road—Richards and another man got into the van there—I drove to the Minories Goods Station—in the yard, stacked beside the wall, was a quantity of tiles—Richards loaded them into the van; we handed them up to him—Richards then told me to pull outside—I said, "About the pass; don't we want a pass to go out?"—he said, "No, that is all right"—I had no pass—we drove out and went to 228, Kingsland Road, where we unloaded the tiles and took them into the shop—when we had nearly finished unloading I saw two men, one of whom was Lawson, who said he should want me the next day, 11th—I went next day with my horse and van, and drove to the same railway yard—the other men who had gone the previous day went with me, and we met Richards there—in the yard I saw earthen-ware
sinks, bricks, glazed bricks—we loaded them into the van—we had no pass—we drove again to 228, Kingsland Road, where Richards and Another man helped me to unload the goods, which were taken into the shop—I did not see Lawson—I said, "We always take the money back"; but I was not paid then, and I have never been paid for the carting—Lawson said he always paid quarterly or monthly.
Cross-examined by Lawson. I asked you about payment after delivering the tiles—I carted, I daresay, a dozen glazed bricks to the shop, and you told me not to chip them about, for they were a sample.
Cross-examined by MR. PIGGOTT. When we drove down there was no one to take a pass—the goods were packed in the cart very nicely, so that they could not break—I understood that the man with Richards was Lawson's brother—I was speaking to him yesterday—when I said, "How about the pass?" Lawson's brother answered, I believe—after loading up we went into a public-house and had some bread and cheese and a drink—we were there ten or fifteen minutes—Richards left me as he was coming out of the yard, and went into a sort of office—he assisted in unloading the tiles.
FREDERICK TRIM (Re-examined). Our works are at Tunstall, in Staffordshire, and our goods come by Great Eastern Railway to the Mid-land Railway depot—up to February 9th we had no wharf there, and the goods were there on sufferance—we were making arrangements at the time to take this yard and arch—the railway company allowed the goods to remain there, and delivered them to our order.
CHARLES JOHN HUNT . I am goods clerk at the Minories Station of the Midland Railway—on 10th January, some tiles and sinks and other goods belonging to the Stourbank Brick and Tile Company were resting in the yard—we have no office in the yard; we have at the station—on the 10th January this order was brought to the office by Richards, to the best of my belief, and upon that order the goods were. allowed to be taken away—as far as I remember, Richardson came and said he had 2,000 tiles, and I said the goods had really nothing to do with the railway company as they were out of their possession, but he signed for them across this order; and he signed "G. H. Richards, foreman, 2,000 tiles, for W. Lawson, 228, Kingsland Road, Batey's van"—I kept the order as an acquittance for the goods—I do not know anything about the sinks; I cannot say whether he signed for them—if anyone had driven in and loaded up goods and driven away the railway company's officials would not have interfered, as the company took no responsibility whatever—after goods had been taken out of the company's possession by the Stourbank Company they were put in the yard and they had a man to look after them—this order was brought to me because at that time the Stourbank Company had no man in charge there, but they had taken goods out of our possession and we had no responsibility for them—we allowed them to remain there at their risk—so far as I was concerned anyone could have come and loaded up—there ought to have been a man representing the Stourbank Company there, and he should not have let the goods go without an order—there is a man at the gate to take passes for all goods belonging to the company, but the yard where the tiles and bricks were was at the side, and a man to get there would not pass the gate—I understand the Stourbank Company had a man there, but he was not there
at the moment Richards came; I know nothing about who was there, and I should not have known anything about it if the man had not come to the office—I was not paid anything by the Stourbank Company to look after the yard.
Cross-examined by MR. PIGGOTT. There were representatives of the Stourbank Company there at different times—I took no notice whether they came there at all—it was the custom of the company to look after the things themselves—there was a separate gate into the yard where these things were, and that was used for goods for which we were not responsible—those are the only goods there.
Cross-examined. I should say the Stourbank Company's representative came casually there during the day—since about 9th February, when the arrangements between the company were completed, a man has been permanently in charge of the goods there—I take no responsibility now.
PERCY WOOD . I am a cashier in the firm of Young and Marten, lead and glass merchants, 100, Broadway, Stratford—in May last I saw Richards—he described himself as a jobbing builder and plumber, of Stourbridge Road, South Tottenham, working on buildings with Mr. Mann, of 81, Trinity Road, Wood Green, and that the work was being done at Stamford Road, Holly Park—he gave me an order for about £50 worth of building materials—shortly afterwards I went to 81, Trinity Road, saw Mann, and told him what Richards had said—Mann confirmed it, and in consequence of what he said a quantity of building materials were supplied my firm looked to Mann for payment.
Cross-examined by MR. PIGGOTT. Richards said that he was working for Mann, and we sent the order on the condition that Mann was responsible—I went and saw Mann, and was perfectly satisfied; it was to be part payment and credit—I asked him to have an understanding with Richards that we were to pay him a commission—Mr. Mann found it out, there was a dispute about it, and he never got it—Mr. Mann would have to pay the commission.
Cross-examined. I never had it after my interview with Richards—I went on to Mann's, who told me he was carrying on buildings at Holly Park—Richards told me he had been doing the plumbing work.
Re-examined. I was partly paid for the goods I supplied—the total of the goods was about £50, and I received £24—payment of the balance was intended to be made by this bill for £26 drawn by us on the London and County Bank, drawn on 7th May, 1892, and accepted by Mann—it came back marked "Account closed," December, 1891.
Cross-examined. I did not know that Mr. Dormer was finding the money for these buildings—we presented the bill on June 10th—after the bill was returned we were perfectly willing to have further transactions with Mann for cash only—we did not know that that was Mr. Dormer's account.
FLORENCE ANN WITHERS . In 1891 I lived in Grove Terrace, Tottenham—Wilson, whom I knew, came there, and afterwards Richards and a Mr. Muir—I have seen Wilson, Richards, and Muir together frequently—I saw Richards write this paper:—"I, G. H. Richards, have left your bill for £22 8s. 6d. at Mr. Bell's office, Law Courts, Strand, to be discounted.
Cross-examined by MR. WARDE. I was a widow; my first husband's
name was Kent—I married again—I do not know whether my husband is alive—I have known Wilson some years—he has stayed at my house occasionally, and has slept there when his daughter was out of town—he has not provided food and drink—he was very little in the house in the daytime—he went to a lawyer for me, and when he came back he was arrested, and went to Holloway Gaol for six weeks.
WILLIAM GEORGE DAY . I am manager of the London and County Bank, Barnet, of which Finchley is a sub-bank, open three days a week—I produce a certified copy of the banking account of A. E. Mann; it is a correct copy of our ledger—it was opened on. 7th November, 1891, and closed on December 31st, 1891, when there were only 3s., which were appropriated for charges—it was opened with £35—he was introduced, by an old customer, and I understood it would be a good account—£165 was paid in during the six weeks—this bill for £26 was presented and marked "Account closed."
Cross-examined by MR. GREEN. Mr. Dormer introduced him—we only knew Mann as a builder—Dormer told me he was building at Southgate—I was told that he was building on Dormer's land—Dormer did not tell me he was financing Mann, but I think they were all Mr. Dormer's, cheques that Mann paid in—Dormer's account is still open, although he is dead.
ROBERT MURPHY (Detective-sergeant N). On December 27th I arrested Mann, and on him, among other documents, I found the blue ink document produced—I saw him write one marked F, and he admitted writin G and D—all are on printed headings and addressed to J. Russell and Co., about some pipes—one is signed Tourney and Co. and the other has no signature.
THOMAS HENRY GURRIN . I am an expert in handwriting, of 49, Holborn Viaduct; I have had nine years' experience—I have been shown a number of documents—these documents H and K7 are in Mann's writing, the writer of the other letters—I believe this blue ink document to be Richards' writing, the writer of the documents produced by Mr. Withers and Mr. Benfield—the letters signed Lawson are in Richards' writing, and also the bill sent to Caseborne and Co., and signed "Accepted, W. Lawson," all, I believe, are in Lawson's writing, as is also this reference signed "Harvey"—the endorsement "G. H. Richards" to the cheque for £3 15s. sent to Mr. Kettle is Richards' writing—I make the comparison with the agreement to take No. 228, and I believe it is his undisguised writing—I believe the letters to Caseborne were written by Wilson.
HENRY ARTHURKETTLE (Re-examined by MR. WARDE). I see some pencil writing "Lawson, 228, Kingsland Road," on the back of this blue ink letter—Wilson did not ask me Lawson's address, he knew very well where he lived; I told him when he came in—he might have taken a pencil and written the address on the back of it after he had stolen the letter—he did not do it in my presence—he did not write it in my presence in my office.
not know whether he got it, or what Webster said to him; many travellers called for orders.
SERGEANT MURPHY (Re-examined). On Saturday night, January 21st, I went to 228, Kingsland Road, and took Lawson on a warrant—he made no answer—I took possession of a quantity of correspondence, a number of cement sacks, some full and some empty, some paint pots and varnish tins filled with water—I took samples of them—I went on the 22nd to 40 Stourbridge Road and saw Wilson, who was included in the same warrant, and read it to him—he said he did not know much about any of the others; he had nothing to do with the Edmonton lot, and did not know much about Mann—a lot of correspondence was found on him and taken possession of—I went to Waverley House, Bruce Grove, and took possession of a number of sacks with the name of Caseborne and Company, Leeds, on them.
Cross-examined by Lawson. A constable was with me, who can be called—you said you could not make it out at all—you had a poker in your hand, and when I said "I am a police officer," you put it down—I could not get in at the door, and got in the first floor window to execute the warrant—everybody was in bed as far as I could see, but I had knocked two hours earlier, seeing lights, and got no reply, but somebody came along the passage and shot the bolt.
WALTER HENLEY (271 N). I took Richards on January 7th, at Bromley-by-Bow, and read the warrant to him—he said "I don't know anything about it; the man owes me the money for the cheque now"—Mr. Kettle's cheque, I suppose—I took him to the station and charged him—he made no reply.
Lawson in defence stated that he was carrying on a genuine business as a builder, and wanted the cement for workshops he was erecting; that he sold some of it, as lie found it cost him too much to cart it from the railway station; that he meant to open a banking account to meet his bill, but that the frost stopped his work and prevented his obtaining advances; that the credit he had for many of the goods was not up at the time of his arrest; that he engaged Richards as his foreman, and he denied that he had conspired with any of the oilier prisoners, or that lie had any intention to defraud.
GUILTY . There were two other indictments against Mann for forgery.
LAWSON and RICHARDS*— Five Years' Penal Servitude each . MANN— One Year and Ten Months' Hard Labour . WILSON— Eighteen Months' Hard Labour.
MESSRS. BODKIN, TRAVERS HUMPHREYS and HEWETT Prosecuted, and MR. WARDE Defended.
JOSEPH SPIRES . I live at White Hart Lane, Tottenham—I have been for some time acquainted with the prisoner, who was engaged in building operations on the Clock House Estate—I financed him on architects' certificates—last year I had a conversation with him about my grey mare—the prisoner wanted her to work in a light cart, I understood, and I let him have her on approbation, to see how he liked her—at that time Matthews was in my employ, and mainly looked after the animals on my property—some weeks after the prisoner had had the mare he told me
she had gone lame, and that he had turned her out into a field by Clay Hill; that is in my neighbourhood—I went the same afternoon and searched all about with my man, but could not find the mare—my man afterwards spoke to the prisoner, I did not—afterwards I heard something, and wrote to Lee, a stonemason—I have never seen my mare since I lent her to the prisoner—I gave no authority to the prisoner or to anybody to sell her—I did not part with her, nor pledge her in any way.
Cross-examined. I bought the mare from a cabman for £5—I took the prisoner a bottle of whisky to give to his wife, who was unwell, I believe—I had no conversation with him about the price of the mare; I did not arrange that the price should be £8 10s.—I advanced him money whenever I received a lawyer's certificate—I took no proceedings against him to recover the mare—I might have bought goods of him for £15; it was a separate transaction—I could not have stopped the price of the mare out of it.
Re-examined. I gave him no authority to sell, or dispose of, or deal with the horse in any other way than to try it.
WILLIAM MATTHEWS . I live at Farm Cottage, White Hart Lane, and work for Mr. Spires—I knew the prisoner as connected with the Clock House Estate—a man from the estate fetched the grey mare in spring last year, and I saw her on that estate from time to time—I met him one day in a cart with a boy—I asked him about the mare, and he said she was dead—he said, "I had her killed this morning, didn't I, boy?" and the boy said, "Yes"—I don't know the date when the prisoner had the mare—the next Saturday I saw the mare running in a van past my house—I spoke to my master about it—I went to fetch the mare and harness back, and the prisoner said she was up in the field at grass at Clay Hill—I went with my master to Clay Hill—I did not see the mare—I went back and told the prisoner so—he said, "She must be dead in a ditch, because she was there with the other horses"—I said I would go and look in the morning, because it was getting dark then—he sent his man to look for her, and I said I should be obliged if he would tell me where she was—the prisoner's man told me she was in Bonehill Pound for £2—I had another conversation with the prisoner about her, and he said that he went and looked for her all over the shop, Hornsey, Wood Green, Highgate, and all that part, and could not find her anywhere; he supposed she was stolen out of the meadows, because there was a drove of horses went by that night, and he supposed she was gone off to Cambridge—afterwards I heard something, and went to Mr. Lee, the stonemason, who said, "I have got the mare"—I did not see the mare, because Lee's man had gone to dinner—I have since seen the mare in Lee's possession, and she was-at the Police-court on Tuesday.
Cross-examined. I saw the mare after Lee got her in his van—Lee was. frequently driving up and down the estate; his business lay there—I told Mr. Spires that Lee had the mare—the prisoner had horses of his own out at Clay Hill at grass.
WALTER LEE . I am a stonemason, of 316, Hornsey Road—last spring I was doing stone work at the Clock House Estate, and on May 14th I had done work which came to about £30; on that day there was no money—the prisoner came and I asked him when he would get his draw—he said on Tuesday night—I said "Are you sure of getting it on Tuesday?"
—he said, "Yes,"—he did not know what to do for the men's money, and I agreed to lend him £10 till the Tuesday—that made £40 coming to me then—I was not paid my £40 on Tuesday—after a little while I began to press for my money, and the prisoner said he would sell the grey mare—he said on the day we settled the agreement that Mr. Spires had made him a present of her—I asked him before that how much he would take for it, and he said, "The same as I gave for it, £8 10s."—I said I would give him that—he wrote out and signed the receipt for £8 10s., dated 30th May—the £8 10s. was taken off my account, so that then he owed me £31—he sent the mare to my place, and she has been in my possession ever since—she is alive; she is a bit lame—I continued to work on the estate, and did work to the extent of £145—a balance of £18 6s. is still due.
Cross-examined. I have known the prisoner for ten years—I have always known him to have a good character—I thought he was always very straightforward, or I should not have gone on with the work—I thought the mare was his, or I should not have bought it.
GUILTY . There was another indictment against the prisoner for obtaining goods by false pretences, with intent to defraud— Nine Months' Hard Labour.
OLD COURT.—Wednesday, April, 19th, 1893.
Before Mr. Common Serjeant.
MESSRS. BODKIN and TRAVERS HUMPHREYS Prosecuted, and MR. HUTTON
LAURENCE MAHONY , M. R. C. S. I have been attending Father O'Laverty and Mr. John Francis Bently—Father O'Laverty has had inflammation of the lungs and bronchitis, for which he has been under my care, and about eight days ago he had a tumour removed—I saw him yesterday; he is quite unable to travel or to be here as a witness—Mr. Bently is now suffering from peritonitis, and not able to attend.
JAMES NAIRN (Inspector). I was at the Police-court when Father O'Laverty was a witness—he was sworn and examined in the ordinary way in the prisoner's presence, and was cross-examined by him—I also saw Mr. Bently sworn and examined and cross-examined—they both signed their deposition.
The deposition of Father O'Laverty was read as follows: "I live at the Clergy House of St. Mary. I am rector of St. Mary, Clapham Park Road. I have known the prisoner, and very favourably, five or six years.
In the latter part of 1891 I contemplated making restorations at my church, and engaged the services of Mr. Bently. It was necessary to examine the tower of the church, and a scaffolding was required. The prisoner was employed at weekly wages. The arrangement was made through Mr. Bently for the expense he was put to. He was to be repaid by me upon the certificate of Mr. Bently. I produce documents E, O, L, 1 to 19, which are certificates and receipts. In March last year, for the
benefit of my health, I went to Australia, returning in July. I heard something. In consequence of that payment of £10 was made by way of gift to Mr. Osborn, who, I understood, had supplied timber for the scaffolding."
JOHN OSBORN . I am a timber merchant, of 145, Clapham Park Road—I know the prisoner—in the early part of November, 1891, he came to me—he told me he had come to erect the scaffolding at the Catholic Church of St. Mary, Clapham Park Road, and he wanted some deals for the scaffold boards—I supplied him with timber to the amount of about £20—I expected to be paid weekly—he said he would have his money every week—I received £5 from him one Saturday and £2 subsequently—that was all—there was a balance owing of £13 18s. 7d.—I got £10 from his father in July last—this document, dated 5th November, purports to be a receipt for £6 11s. 4d., and is signed "J. Osborn"—that is not my signature—I have never received that money, and know nothing of this receipt—I made application to the prisoner for the balance owing to me—I cannot say from memory the date of the last goods I supplied him with.
Cross-examined. I have only one clerk, Steers—he is entitled to sign receipts for me, no one else, unless we send out the goods with the bill, then the man who took the money would sign the bill—I received £7 from the prisoner out of the £20—I lent him £3 to get some poles or something he wanted; he repaid me that on the following Saturday—I supplied him with wood for other jobs, at a few shillings, which he paid.
THOMAS VINCENT STEERS . I am clerk to Mr. Osborn—it is part of my duty to send out invoices, receive payment, and sign receipts—I have authority to sign Mr. Osborn's name for money received—I know the prisoner—Mr. Osborn supplied him with timber from time to time—in the week ending November 7th I gave the prisoner this invoice for £6 11s. 4d. for timber supplied to the Catholic church—I did not receive any money from him on that occasion or at any other time for this amount—the receipt is not written by me or by my authority—I have here a previous account of November 25th for £5 14s. 11d. that is signed by me; that was not on this matter, but on a general account—the balance of £6 11s. 4d. is still owing by the prisoner.
Cross-examined. I sign most of the receipts, perhaps over 100 in a year—this transaction took place 18 months ago—I daresay I have signed hundreds of receipts since that.
The deposition of John Francis Bently was read as follows; "I am an architect, of 13, John Street, Adelphi. I live at Clapham. In 1891 I was engaged as architect for the restoration of the Catholic church. I suggested putting up a scaffold round the tower spire, before the estimate was prepared, and Catlin was sent to me from the Rector with a very strong recommendation; he was employed at a weekly wage of £2 10s. He was to employ labourers, purchase materials, and bring accounts to me each week, and upon that I was to certify for the amount, which the Rector would then pay the following week; he was to bring his account receipted. He was paid according to that arrangement week by week. I look at the receipt J. O. 2. I remember his bringing it to me receipted 'J. Osborn,' as it now appears, and I certified to that amount with others.
I have received Catlin's signature in the ordinary course of business, and in my belief the receipt J. O. a, 'J. Osborn' is in his writing."
THOMAS HENRY GURRIN . I am an expert in handwriting—I have had about nine years' experience in examining handwriting—I have examined receipts purporting to be signed by Catlin in the bundle 1 to 19—I have compared the handwriting on those receipts with this receipt—they are all in the same handwriting; there is no disguise about it.
CHARLES BARR (Detective-sergeant N). On February 28th I received a warrant from the North London Police-court for the prisoner's arrest—I arrested him the same evening in the street at Clapham, near his house—I said "Is your name Catlin?"—he said "Yes"—I said "I am a police officer, and have a warrant for your arrest, which I will read to you"—I did so and took him to the Station.
Cross-examined. I knew he was living in Clapham for five or six years, at different addresses.
GUILTY . Nine Month Hard Labour.
Before Mr. Justice Lawrance.
427. WILLIAM MOSS (32) PLEADED GUILTY** to wounding William John Moss, with intent to do him grievous bodily harm; also to injuring three glass windows, the property of William Archer Moss.— Three Years' Penal Servitude.
Before Mr. Recorder.
MR. LAWLESS Prosecuted.
GEORGE BEATON . I am a wheelwright, of Clarkson Road, Walthamstow—on Saturday, March 11th, a pane of glass, 2ft. 51/2 in., was broken in my house, and I put a new one in—if it was removed an ordinary-sized man could get in—an advertisement was fixed to the window—on Sunday night, after twelve, I was knocked up, and examined the glass—the putty had been cut away, and the advertisement was laid on the window-sill—I went to the Station, and found the three prisoners in custody.
WILLIAM JOHNSON (555 N). I am stationed at Forest Road, Walthamstow—on Sunday night, March 12th, I was on duty, and saw the three prisoners standing together at Mr. Beaton's house—I watched them few minutes—Turner came down the road, and I walked across to him, and said, "What have you been doing?"—he said, "I have been to help take a drunken man home"—the other two prisoners came down the road reeling about as if they were drunk—I asked them where they were going—Penn said, "Home"—I examined the window—the putty was cut out all the way round, and an advertisement plate was taken down and broken—I went after the prisoners another way, and met Olive, took him back to where the other two were standing, and called Police-constable 84—Olive said, "I did not do it"—the other two prisoners were sober—I took them to the
station—they made no reply to the charge—I found this horseshoe nail on Turner—the house stands back about six feet from the path.
JAMES HILL (Police-sergeant N). On March 12th, about 11. 45, I was in charge of Forest Road Station, and took this charge of attempted burglary—the prisoners made no reply—I found putty on Penn's first and second fingers, and the same on Olive's hands.
Cross-examined by OLIVE. I took a small quantity of putty from your finger-nails.
Turner's Defence. I did not do it; a message came to me about 10.30 on the Sunday evening, and I went to the Lord Brooke; when I got to the bottom of the road, about 10. 30, the policeman came up and asked me what I was doing; I told him I had been seeing a drunken man home.
Penn's Defence. I was not standing at the window at all; I was standing on the path; I never done it.
GUILTY . TURNER and PENN— Four Months' Hard Labour each.
OLIVE— Six Months' Hard Labour.
Before Mr. Recorder.
MR. BLACKWELL Prosecuted.
JOSIAH ROBERT NESBITT MORRELL . I am a watchmaker and jeweller, of New Cross Road, Deptford—on March 21st I locked up. the premises and went to bed at 12. 55—I was aroused at 4. 20, went down, let the police in, and found a show-case in the window broken open, and about sixty-one watches had been taken, and other jewellery and bracelets—the police handed me these articles (Produced)—they are mine.
Cross-examined by the prisoner. I have recovered all my property.
LUKE SMITH (Policeman 348 R). On 21st March, about four o'clock, I passed 293, New Cross Road, and heard an unusual noise—I spoke to another officer, and left him in front while I went to the rear—I met two other constables, and told them what had occurred—I had not been there long before the prisoner came up the yard—I made a blow at him with my truncheon, and he went back into the yard and over a number of walls, but we succeeded in apprehending him—he was carrying a bag, which contained jewellery and watches.
EDWARD PICKERING (491 P) Smith called me to 293, New Cross Road, and gave me directions—I subsequently went to his assistance at the back of the premises, and saw the prisoner escaping over the garden walls—I chased him and overtook him—he was carrying a bag in one hand and a knife and a jemmy in the other—he dropped the knife and jemmy, and I took the bag, which contained these articles—I sprained my ankle getting over the walls, and was on the sick list afterwards.
Cross-examined. I handed you over to another policeman, as I was in pain—I went to see if there was anyone else, but did not see anyone.
ADAM MARSHALL (Police-sergeant 15 R). On 21st March I was in New Cross Road, and gave directions to two other constables—I knocked at the door, roused the prosecutor, and found the show-case inside had
been tampered with, and jewellery thrown about the floor—I went out and brought the prisoner to the shop—the constable gave me a bag containing part of the jewellery—I searched him in the shop and found a quantity of jewellery in his coat pocket, also a piece of candle, a screw, driver, pair of pliers, and various tools, which would all be useful in housebreaking, and a box of silent matches.
EDWIN DEAN (Policeman 67 R). On 21st March I received information that something was wrong at the jeweller's shop—I examined the house but found nothing—shortly afterwards I heard a police whistle at the back of the house, and Sergeant Marshall went to the back—after the prisoner was apprehended I went into a garden and found scattered about, two silver watches, four gold bracelets, a silver ornament, and two gold brooches, which the prosecutor identified.
WILLIAM KNAPP (Inspector R). On 21st March I went to 293, New Cross Road, in consequence of information—I found an entry had been effected by climbing a high wall and getting over from a mews—the catch of the area window was forced back by a knife—they had then got through the window into the coal cellar, pulled down two boards of a temporary partition, into the workshop, and up a flight of stairs through a trap door, where there was a large black retriever—there were marks on the show-case which this screwdriver fitted—a piece of iron on the top was bent to open it, and the jewellery was taken—in the show-case I found a piece of candle with a large wick, and on the prisoner was found a piece without a wick—at the area window I found a cap—the prisoner had no cap or hat on—I took him to the station, and put the cap on his head, and said, "Here is your cap"—he said, "That is not my cap"—I said, "It fits you"—he said, "Mine is a hard felt"—I found some matches in the area, and this implement, which is used in housebreaking, to put through after holes are made, to pull the catch back—I charged the prisoner at the station—he said, "I did not enter, I did not break in."
The prisoner's statement before the Magistrate: "I am not guilty of breaking and entering."
The prisoner, in his defence, stated that he teas drunk and went to sleep in the garden, and some men whom he did not know gave him the bag and put the articles in his pocket, and when the police came he ran away.
GUILTY .— Eighteen Months' Hard Labour.
Before Mr. Common Serjeant.
430. PETER CONNOR** (32) PLEADED GUILTY to burglary in the dwelling-house of Henry William Roberts, and stealing a speculum, after a conviction at Hertford on May 2nd, 1887— Seven Years' Penal Servitude.
431. WILLIAM HENRY** (53) , to burglary in the dwelling-house of Thomas Still, and stealing a shawl and other articles, after a conviction at this Court on September 15th, 1884, in the name of William Wood; also to unlawfully attempting to commit burglary in the dwelling-house of Robert Martin— [Pleaded guilty. See original trial image.] Three Years' Penal Servitude, having to complete his former sentence.
Before Mr. Justice Lawrance.
MR. ROACH Prosecuted.
MARY HOWE . I am the wife of Richard Howe, of 34, Gallivain Street, Bermondsey—we let the first floor front room to the prisoner and his wife, and they had been living there about twelve months—they appeared to live on friendly terms; he appeared to be a sober and respectable man—previous to March 20th he had been ill for about thirteen weeks—on that date, Monday, his wife, who had been away from the previous Thursday at her daughter's, came home, and in the evening the prisoner's son and daughter-in-law came—on Tuesday morning, 21st, Mrs. Lawrence came into my room at half-past eight, and I saw that her throat was cut and her face and hands bleeding—she had a razor in her hand—I sent for a policeman.
HARRIET BASH AX . I am the wife of William Bashan; we have lived for fifteen months at 34, Gallivain Street, in rooms adjoining those occupied by the prisoner and his wife—they have lived together very comfortably as far as I know—I believe the prisoner was a cabman—for some time he has been very ill and out of work—on the Monday night between half-past twelve and one I heard a few words in their room; I could not hear what was said, it appeared to last two or three minutes——then the prisoner came out of his room and called out, "Is anybody here? Is Mrs. Bashan a-bed?" and he tried my door—I did not answer, and I heard him go back to his room and lock his door—I heard nothing more that night—in the morning I saw Mrs. Lawrence—her throat was bleeding—a constable was fetched—the prisoner said to him, "I done it to quiet" or "frighten her?"—I don't know which word it was, but I know it was one of those two.
ANN LAWRENCE . I am the prisoner's wife, and have been living with him at 34, Gallivain Street—I returned home on the Monday night from my daughter's at Tooting—the prisoner had agreed to my going—I was to go for a week, and the prisoner was to send for me if he was worse—at half-past four on Monday afternoon I got a letter and came home directly—directly I got home about half-past seven we commenced to quarrel; I cannot say what about, but we quarrelled a long time, and then went to bed, and next morning we commenced quarrelling again, and I said I would pack up my things and leave him—I think I had so aggravated him that he did not know what he was doing—I was making the bed when he came behind me and put his hand this side, and I said, "Get on with your nonsense," and I felt something go to my neck; but I am quite sure he did not know what he was doing at the time—I was cut, but it was very slightly done—I noticed that I had been cut with the razor—we were both sober—I went downstairs and made a communication to Mrs. Howe, and a constable was called, and I charged the prisoner—the doctor saw me at the Station—I feel no effects of it now, it was so slight; if I had known it was so slight I need not have given him in charge—I am very sorry he was given in charge.
By the COURT. For the last twelve months we have lived very happily together—I don't know how this row commenced—the prisoner has been ill a long time; I have waited on him and done what I could—what made me so cross with him I don't know—he was laid up for fifteen weeks with bronchitis and asthma—we shall have been married twelve years on 26th June—I never had anything like this before—he was a cabman, and worked for Mr. Burgess, of Long Lane, for just on twelve months, I think—before that he was at the Al Biscuit Company, but he could not get on very well, and came back to cabdriving—he had worked two or three times before for Mr. Burgess, not constantly—he bears an excellent character—he always used the razor to shave.
GEORGE WYMAN (290 M). At nine a. m. on Tuesday, 21st March, I was called to the prisoner's room, where I saw the prosecutrix—I arrested the prisoner for attempting to murder his wife by cutting her throat—he said, "I don't know what possessed me; I must have been mad"—I found this razor on the table—the prosecutrix said in the prisoner's presence, "This is the razor you done it with"—I took him to the Station.
JOSEPH HOLE (Inspector M). At 9. 30 a. m. on Tuesday, 21st, the prisoner was brought to Grange Road Police-station, accompanied by his wife and Wyman—the wife said while making the bed the prisoner leaned over her and cut her throat with a razor; in trying to take it from him she cut her hand—the prisoner said, "I don't know what possessed me to do it, but she had been threatening me with a large oak stick, and I was worried"—when charged he said, "I never intended to do it; she threatened me all night, and was going to leave me; it was a broken razor I done it with, and I done it to frighten her"—the doctor had not then seen the wife.
JOHN MARSHALL . I am a Divisional Surgeon to the Metropolitan Police—on this Tuesday I examined the prosecutrix at ten o'clock—she had an incised wound on the left side of her neck about 11/2 inch long, just through the skin, just a little under the jaw—she also had a superficial wound on the palm of her hand, close to the fingers, and some scratches on her face—such wounds might have been caused by this razor—there was blood on it—I dressed her wound—I have not seen it since—it was only just through the skin, and I presume it has healed.
The prisoner, in his statement before the Magistrate, said that his wife threatened to yet a separation order, and to whack him with a big stick, and that in the morning she was packing up a clock to take it away; that he did not know how it was done, but that he did it to frighten her.
The prisoner's defence: "It is all a mistake to me; such a thing never entered my thoughts."
A witness deposed to the prisoner's good character.
GUILTY of unlawfully wounding.The JURY strongly recommended him to mercy on account of his health, and believing that lie had no intent — One Weeks Imprisonment.
The JURY were sworn to determine whether the prisoner was of sound mind and in a fit condition to plead.
PHILIP FRANCIS GILBERT . I am surgeon to Holloway Gaol—it has been my duty to keep special observation on the prisoner, who has been confined in the gaol for some weeks part—I have come to the conclusion that he is at this moment insane, and that he has been so during the whole of the time he has been under my observation—I am of opinion that his condition of mind is such that he would be unable to understand the proceedings against him, and to give proper instructions as to his defence if he were to be tried now.
The JURY found that he was of unsound mind, and unfit to plead, and he was ordered to be kept in custody till Her Majesty's pleasure be known.
Before the Recorder.
THOMAS MCBRIDE . I am a prisoner in Holloway Prison—last February I pleaded guilty in this Court to perjury arising out of evidence at the Lambeth Police-court, where the prisoner was charged with bigamy—I was present at Lisburn Cathedral, Ireland, in 1886, when he was married to Fanny Purchase—I was best man—shortly before 14th November last the police came over to Ireland and inquired of me about the prisoner, and I had to come to London to give evidence—I went with Albert Purchase, his wife's brother, to the Police-court—while waiting outside I saw the prisoner—he shook hands and asked me to go to his solicitor, and I went into Mr. Armstrong's office opposite, leaving Albert outside—the prisoner said "For God's sake don't round on me, Mac"—I said "I won't tell a lie; plead guilty"—he then made some suggestion to Mr. Armstrong, and Mr. Armstrong said he would have nothing to do with it—the prisoner came to me and said, "Say the man you saw married was taller and stouter"—I think Mr. Armstrong heard—the prisoner said, "You can't swear to me; it is over six years since you have seen me," and he said I had only seen him three times—he said I was the only witness he had against him—Mr. Armstrong was present all the time, but seemed to be engaged at a desk—I don't know what he was writing—we went to a public-house with Albert Purchase and others, and the prisoner paid for the drink—he said to me in the public-house, if I would say the man I saw married was taller and stouter he would be discharged, and they could not bring the charge against him again—we went into Court, and I was called as a witness—I said the man I saw married was taller and stouter, and that I was not sure that he was the man—Mr. Armstrong, who appeared for the prisoner, cross-examined me, and I said I could not pledge my oath to the wife Fanny either; I might not have known her if I met her, but I knew her in Court—the case was adjourned for a week, and then the prisoner was discharged—he sent me a telegram, "Discharged, with thanks, you, Sarah, and Mrs. Purchase"—after the first hearing we went to a public-house, and stayed with the prisoner that evening—he gave me a message to his sister in Belfast, and a photograph—I was to call on Sarah Wilson, and to tell her, if she came over to London, to say that the man she saw married was taller and stouter than the prisoner, and she could stay at his house the same as I had—she was also at the wedding—I went back
to Ireland, and the police came to see me again—on the 23rd January I was charged at Lambeth with perjury, and committed for trial—on the way from Ireland I told Sergeant Ward some things in the boat—I was brought up in this Court, and before I pleaded I had a conversation with the prisoner in the cell—he said, "For God's sake don't plead guilty, you will get five years. Armstrong will make it all right, and my counsel will defend you. I am not sentenced yet."
Cross-examined by the prisoner. I had seen you four times previous to coming over—you told me to say I had only seen you three times—I could not say how long it was that I saw you previous to November—you were stouter then than now, so that is true—you looked to be taller, I thought—I told Sergeant Ward I did not know you, but I told Sergeant Waters I did—Ward told me to plead ignorant—I thought he said "Plead guilty," and I did—you told me in the cell they could or would give me five years—Waters said on the 14th November, "Of course, he knows the man; what is the good of listening to him?"—he said I should get off easier if I pleaded guilty—I think I was remanded three times—you told me in a letter not to plead guilty.
Re-examined. Sergeant Waters, of the Irish police, took a statement from me—I called the prisoner "Harry," and he called me by part of my name.
ALBERT PURCHASE . I live at Walworth, and am a grocer's assistant—I am brother to the prisoner's wife—I went with McBride to the Lambeth Police-court on the 14th November—we were waiting for the prisoner and he came across and said to McBride, "You over here? This is a bad job"—McBride replied, "Yes, it is," and the prisoner said, "Come and see my solicitor, Mr. Armstrong"—they went in, and I stayed out-side—when they came out we went to a tavern, where the prisoner stood the drink—he and McBride talked in the corner in a tone I could not hear what they said—we then went into the Police-court, but I did not hear what took place, as I am deaf at times—they shook hands when they met, as if they were very warm friends.
TEMPLE C. MARTIN . I am chief clerk at Lambeth Police-court, and was present on the 14th November when the prisoner was tried for bigamy—I took the depositions (Produced)—McBride was sworn as a witness for the prosecution, and was cross-examined by Mr. Armstrong on behalf of the prisoner, and signed the depositions—the case was then adjourned for a week that further evidence might be obtained—no further evidence was forthcoming, and the prisoner was discharged—he was subsequently brought up again and committed for trial on the charge of bigamy.
SUSANNAH PURCHASE . I live at Rodney Place, Walworth—I am the mother of Fanny Graham, the prisoner's wife—McBride arrived at my house on Monday morning, 14th November—he went away with my son Albert—I went to the Court afterwards, and after the case was adjourned I saw the prisoner, and we went, with some others, to the Lamb and Hare public-house—he seemed very well pleased—on the following Wednesday I went to the Ship and Mermaid public-house, kept by the prisoner—he had then been discharged—he was joking about the case, and said, "It takes me to get out of a scrape. If ever you get into a scrape and come to me, I will help you out of it"—he said he would marry and marry
until he found the right one—his wife was present—I used to go there to see my daughter's child.
FRANK WATERS (Detective, Belfast Police). I saw McBride at Lisburn on the 11th November, and had a conversation with him—on the following Saturday I arranged for him to meet the prisoner's wife at my office—he remained talking with her about half an hour and left in her company—he appeared to know her very well—he went to London to give evidence, and I saw him again on the 19th November—I showed him a photograph of the prisoner, and he made a statement to me—I was present with Sergeant Ward when McBride was arrested in Ireland for perjury—he then made a statement to me in the presence of his mother, and on his way over he made another—he referred to the prisoner as "Harry."
ALFRED WARD (Police-sergeant E.) On January 20th I arrested McBride for perjury in company with Waters—he made a statement to me, and another on the way over—I arrested the prisoner on this charge on 4th March—he said, "I shall not plead guilty like the other man."
Cross-examined. I went to Ireland to arrest him—I did not ask him questions or tell him to plead guilty—I did not go to Holloway to tell him to do so—if McBride swears I told him at Lambeth Police-court to plead guilty and he would get off, that is false.
The prisoner, in his defence, said that Sergeant Waters got McBride to plead guilty to bring this charge against him.
GUILTY .— Twelve Months' Hard Labour, to run concurrently with the other sentence lie was undergoing.
MR. BROXHOLME Prosecuted, and MR. GEOGEGHAN Defended Hester.
LOUISA FREWIN . I live at 3, Stanmore Road, Kew Road, Richmond, the house of Mr. Drost—I ought to have received a money order for £1 5s. in December—I did not receive it, and I did not see it till I was at the Police-court, Richmond—this Louisa Frewin on the back is not in my writing; I have seen Hubbard write; it is like her writing.
CHARLES DROST . I live at 3, Stanmore Road, Kew Road—Hubbard entered my service on 29th November and stayed till 8th February, when I dismissed her—the prosecutrix was residing with me at the time—Hubbard wrote the name of Walter Sinclair on this piece of paper—she left a letter behind when she left, thanking us.
EDWARD SHAUGHNESSY . I am officer of the General Post Office, London—this Post-office order was made out by me at the General Post Office on 29th December, and despatched to Miss Louisa Frewin, care of Mr. Drost, 3, Stanmore Road, Kew Road, Richmond, in an official envelope—I see a similarity between the writing of this signature, Louisa Frewin, on this order and the writing of this letter, said to be in Hubbard's writing—I do not profess to be an expert in handwriting.
ROBERT MORPHEW . I am town postman in Richmond Post-office—I deliver letters in the Stanmore Road, Kew Road—on 29th December I delivered an official letter, addressed to Louisa Frewin, at Mr. Drost's, by putting it into the letter-box.
clerk in the Post-office, Richmond—in January last Hester came into the office with this postal order—it was not signed, and I refused payment and returned it to him, and he went away—he said he would get the young lady to sign it—about two days afterwards he came—I asked him the sender's name, and he said it was sent by a relative of the young lady for whom he was cashing it—I said I could not possibly cash it, and could he give me the name of the sender; he said it was sent by a relative of the young lady abroad—I said it was not sufficient; "You are well known in the town"—he said it would give him a lot of trouble, and the best thing he could do would be to get a fellow tradesman to cash it for him—I have known him for the last fifteen years.
Cross-examined. The first time I heard that his professional name when he sings is Sinclair was at the Police-court.
RICHARD ALCOCK . I keep the Coffee House public-house, Duke Street, Richmond—Hester came and asked me if I would oblige him by cashing this money order to save him the trouble of going up into the town; he meant into Richmond—I have known him since 12th December—I said I should have to pass it through my bank—I gave him the money for it the same day; it was early in January, between 2nd and 5th—my wife wrote the name Alcock on the back of the order.
THOMAS HAWKINS (Detective-sergeant T). At seven o'clock p. m. on 13th March I saw Hubbard, and said "I shall have to arrest you on suspicion of stealing a money order from the Ryelots, where you were lately in service"—she said "I don't know anything about it"—I took her to the Station, and she was detained—I went to the Ryelots and had a conversation with Mr. Drost, and came back to the Station—just before nine o'clock I saw Hester in Hill Street—I said "Mr. Hester, I am told you have changed a money order in the Cobwebs some time ago"—the house is known as the Cobwebs, though it is licensed as the Coffee House—I said "There is something wrong about that order"—he said "You don't say so"—I said "There is, and before you make a statement I had better tell you something"—before I spoke again he said, "I got the order from Harriet Hubbard, but I did not know there was anything wrong with it"—I said "You have known her some time, and you know she was discharged from the Ryelots"—he said, "Yes; she follows me about to different public-houses, and I should not have changed the order, if I had known there was anything wrong about it. I admit I changed the order, but I did not know there was anything wrong"—I brought him to the Police-station, and it was decided to charge both prisoners—when placed in the dock side by side and charged, he said, "It seems to me very hard that I should be charged with something I don't know anything about. It is very cruel"—Hubbard made no reply.
Cross-examined by MR. GEOGHEGAN. He also said at the Police-station, "I cashed it for Hubbard for the young lady"—he is very well known about Richmond—I believe it is the first time he has been charged—I have heard that he sings at concerts about Richmond and Kew.
Hubbard in her statement before the Magistrate said that Hester did not know the order was stolen; that she sent it to him by post and he sent it back for her to endorse; that then he wrote saying it was in the wrong name but he could get it cashed, and that afterwards he gave her the money.
HESTER— NOT GUILTY .
HUBBARD— GUILTY . She then pleaded
guilty to a conviction of unlawfully uttering counterfeit coin at Guildford, in July, 1890. Eight Months' Hard Labour.
MR. BROXHOLME offered no evidence.
NOT GUILTY .
The prisoner received a good character.— Six Months' Hard Labour.
MR. GEOGHEGAN, for the prosecution, offered no evidence.
NOT GUILTY .
ANN JANE HART . I am the wife of James Hart, schoolmaster, of St. Mary's School, Scotch Parade, Athlone—I was present at the Baptist Chapel on 1st April when my sister, Rebecca Walsh, was married to John Edward McLoughlin, the prisoner, by the minister of the chapel, the Rev. Thomas Berry (The certificate was here produced to the witness, but MR. LEONARD objected to it.)—I was the principal bridesmaid, and witnessed the ceremony, which was in the usual form—I have been to a good many other weddings—after the ceremony I saw the parties sign their names in the register; the prisoner signed his name, I am sure—after the marriage they lived together as man and wife—the prisoner went to Ashantee, I think, in 1873, having lived with my sister as man and wife up to that time—I visited them three times—he was away a few months, and came home in 1874—afterwards, when he was in Egypt, I wrote one letter to him—his wife did not go with him, she was an invalid—she is in Court now—I know her writing—these cheques are all endorsed by her.
Cross-examined. I was about twenty-three at the time of the marriage—I saw the prisoner going up to the desk with two other gentlemen to sign a book—the minister, Mr. Berry, gave him the book to sign—I don't know if that was the only book he signed—the prisoner separated from my sister in 1873, and came home early in 1874—they did not live apart by mutual consent after that; I used to inquire after him, and she said she heard regularly from him—they lived from 1874 to 1878 in London after he came home from the Ashantee war—I do not know that they were living separately in England by mutual consent.
REGINA ADDA . I made the acquaintance of the prisoner in Cairo, and on 18th February, 1886, I went through the form of marriage with him at the British Consul's office, Cairo—this is the certificate—at that time he represented himself to be a batchelor; I never thought he was a married man—I saw the description he gave of himself in the register—after the marriage we both signed the book at the Consul's office—he lived with me for two years in Alexandria—in 1888 he went to England, leaving me behind—after about nine months he returned with the troops, and remained for a fortnight, and then went back to England with the same ship, leaving me behind—after about twelve months I came over to
Aldershot, and lived with the prisoner for a little time—in February, 1891, I took proceedings against him before the Magistrate, the result being that a separation order was made, and an order compelling him to maintain me.
Cross-examined. Q. Is it not against your wish that the prisoner is having this charge brought against him?—A. Unfortunately I don't know what to say—I have entreated, and begged the prosecution—after the separation order I became reconciled to the prisoner, and lived with him again—I always thought I was his wife—as long as I have been in England he has contributed to my support—when I was illtreated by him he said to aggravate me, "I did not marry you, you married me"—when proceedings were taken against the prisoner to make him pay for my support, he did not say a word about his not being married to me—he has not treated me well since the proceedings at Aldershot—he has supplied me with money lately—I have gone back to live with him within the last few months; my position was so sad—I was all by myself in this country—I thought he was some companion to me—he has treated me kindly as a companion.
Re-examined. I complained of his assaulting me at Aldershot, and he was convicted and fined for it, and bound over to keep the peace for six months—I have a child, three and a-half years old, by him—I have no father or mother, no home, no money—during the last twelve months he left me in Egypt he only sent me £10—the Magistrates made an order for 30s. a week for me and the child; I believed then I was his wife—I heard a rumour that he had another wife and children in England, and then I communicated with the police.
CHARLES EDWARD MCLOUGHLIN . I live at Bristol, and am an accountant—I am the prisoner's son—my mother lives at Bristol—the prisoner stopped there for a night three or four years ago—he has been in the habit of writing to my mother and contributing to her support up to last November; since then he has not sent anything—all these cheques (produced) appear to be drawn by the prisoner, payable to my mother, and endorsed by her—they extend from 1884 to 27th September, 1886, which is the date of the last—he was in regular correspondence with my mother throughout.
Cross-examined. I have seen my father write—cheques never came from Egypt several at a time, or in bundles, but always separately; one at a time as far as I remember—from 1885 onwards, I can safely say they never came more than one at a time—they were not antedated, or never more than a month—about 1886 my mother was in very weak health; she had a sort of nervous illness at the end of 1886—she never suffered from heart disease—grave fears were not entertained as to her life either at the end of 1886 or the early part—the prisoner has always contributed to my mother's support and mine—my father and mother were not living apart by mutual consent, he was away on campaign—he was in the Zulu and Boer wars—at the Cape he was gazetted honorary captain on account of his distinguished services—at Dover he lived in barracks, and my mother was then in London—after the Boer war he was not at home for more than six months at the most—during that six months my father and mother did not live apart by mutual consent—they did not live together—when he was in London he was with us.
I arrested the prisoner at Farringdon Street—I said, "Is your name McLoughlin?"—he said, "Yes"—I said, "I am a police-officer, and arrest you on a charge of bigamy"—he said, "It is all rubbish; has she done this? I promised to meet her here, as she said she wanted to buy something in the market. I did not think she would do this; I admit it is true"—I took him to the Police-station, where he was formally charged—he said, "I understand very well what it is."
Cross-examined. Sergeant Leonard was with me when I arrested him—he is here—the prisoner did not say, "Did she tell you she was going to meet me here?"—he did not say, "Therefore you admit it is true."
The prisoner's statement before the Magistrate: "I deny that I committed bigamy, because I thought the other one was dead at the time I was married at Cairo."
MR. LEONARD submitted that there was no, legal evidence of the first marriage, as the certificate was signed by Mr. Eland, the minister of a Baptist chapel, and was taken from a private register kept by his predecessor at the chapel, and therefore—(1) the register from which the certificate was copied was not a document of a public nature, which the officer who was supposed to keep it was under any duty to keep, and was not produced from any proper custody; (2) no certified copy could be given in evidence under the Evidence Further Amendment Act if there was any statute which enabled its contents to be proved otherwise; (3) the certificate was neither an examined copy, nor was it certified as a true copy by the officer to whom the original was entrusted. It was necessary to prove that the marriage took place in the presence of a Registrar, or, in his absence, that it was performed in a registered place. In the case of Baptists and Independents the only person who had any right to keep the record of a marriage was the Registrar, and his presence was as necessary as the presence of a clergyman would be in the Church of England, and the copy of the certificate should have been produced from him. There was no evidence that the requirements of the Act of Parliament had been fulfilled; there was no evidence that the marriage was performed in a registered place, or that the Registrar was present. Q. v. Cresswell; 1. Q. B. D. Q. v. Craddock; Foster and Finlayson. Q. v. Mainwaring; 1 Dearsley and Bell. Q. v. Savage; (2) Cox, 178, Q. v. Povey; 32 L. J. M. C. Q. v. Collins; Sessions Paper, 5th Session, 1883. Morris and Miller; 4 Burroughs.
MR. LEONARD also urged that as to the second marriage there was no evidence as to the law of Cairo, and that the certificate was not produced from the custody of the Consul. MR. AVORY contended that the certificate of the first marriage was sufficient evidence of the ceremony, it being signed by the minister to whom the register was entrusted; that apart from that a witness had deposed to being present at the ceremony, and further that a prisoner's admission of having committed bigamy had been held to be sufficient evidence against him. The RECORDER ruled that there was evidence to go to the Jury.
GUILTY —Case Reserved.
Before Mr. Common Serjeant.
440. JAMES VAUGHAN (28), CAROLINE VAUGHAN (21), MICHAEL GRANTHAM (18), and FREDERICK ASHENDEN (17) , Breaking and entering the dwelling-house of Percy Lawton, and stealing a clock, a bag, and other articles, his property, JAMES VAUGHAN
having been convicted at this Court in September, 1890. JAMES VAUGHAN,** GRANTHAM, and ASHENDEN PLEADED GUILTY , and also to seven other indictments for burglary. The police stated that they had traced 40 burglaries to JAMES VAUGHAN— Seven Years' Penal Servitude.
ASHENDEN and GRANTHAM— Eight Months' Hard Labour each. MR. BESLEY, for the prosecution, offered no evidence on six indictments against
CAROLINE VAUGHAN.— NOT GUILTY .
441. WILLIAM OSBORNE (21) and CHARLES SMITH (21)** PLEADED GUILTY to unlawfully having counterfeit coin in their possession, with intent to utter it. OSBORNE— Four Months Hard Labour. SMITH— Twelve Months' Hard Labour.
442. GEORGE BROOKS** (29) , to stealing a coat, the goods of Mr. David Horne, after a conviction of felony at this Court in 1888.— [Pleaded guilty. See original trial image.] Twelve Months Hard Labour, in addition to having to complete the term of his former sentence.
444. CHARLES JACKSON (31), FREDERICK MESSENGER (21), and ALBERT JACKSON (18) , Burglariously entering the dwelling-house of Horace Henry Grafton Grattan, and stealing eleven books, his property, [Pleaded guilty. See original trial image.] CHARLES JACKSON** and MESSENGER** having been before convicted.—CHARLES JACKSON— Three Years' Penal Servitude . MESSENGER— Four Years' Penal Servitude. ALBERT JACKSON— Six Months' Hard Labour.
(445) JAMES WILLIS** (20) and JOHN BAXTER** (19) , to burglary, with intent to steal, both having been convicted before.— [Pleaded guilty. See original trial image.] WILLIS— Eighteen Months' Hard Labour.
BAXTER— Seven Months' Hard Labour . And
(446) ALFRED LOUIS DE LAVIGERIE (54), HENRY SMITH (49), and JULIA EMMANUEL to conspiracy to defraud divers persons. [Pleaded guilty. See original trial image.] LAVIGERIE— One Year and Ten Months' Hard Labour . SMITH— Twelve Months' Hard Labour. EMMANUEL— Nine Months' Hard Labour.
NOT GUILTY .
ADJOURNED TO MONDAY, MAY 1ST, 1893.
The following Prisoners, upon whom the sentence of the Court was respited at the time of Trial, have since been sentenced as under:—
Vol. cxvii Page. Sentence.