CENTRAL CRIMINAL COURT
TENTH SESSION, HELD JULY 24TH, 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.
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On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, July 24th, 1893, and following days.
BEFORE the RIGHT HON. SIR STUART KNILL , BART., LORD MAYOR of the City of London; the Hon. Sir ROBERT SAMUEL WRIGHT , Knt., one of the Justices of Her Majesty's High Court of Justice; Sir JOSEPH SAVORY , Bart., M. P.; GEORGE ROBERT TYLER , Esq., GEORGE FAUDEL PHILLIPS, Esq., Lieut. Col. HORATIO DAVID DAVIES , Esq., ALFRED JAMES NEWTON , Esq., JOSEPH COCKFIELD DIMSDALE, Esq., WALTER VAUGHAN MORGAN , Esq., and WILLIAM PURDIE TRELOAR, Esq., Aldermen of the said City; Sir FORREST FULTON, Knt., Q. C., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., LL. D., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery, holden for the said City, and Judges of the Central Criminal Court.
Sir JOSEPH RENALS, Knt., Alderman.
CENTRAL CRIMINAL COURT
KNILL, MAYOR. TENTH 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, July 24th, 1893.
Before Mr. Common Serjeant
MR. PASMORE Prosecuted, and Mr. KEITH FRITH Defended.
WILLIAM DRISCOL . I am a labourer, of 12, Kemble Street, Drury Lane—on the afternoon of 4th June, between five and six, I saw the prisoner with a lot of others tossing for pennies—we had a bet—the prisoner told me if he had a stick he would poke my eye out—later on, between nine and half-past, I was at the Grapes in Seven Dials with two friends—the prisoner came in—we had a few words again, and he struck me in the face with his fist; I struck him back, we had a struggle, and after we were separated I found I was stabbed on my left thumb—the prisoner rushed out and came in again with a stick, and made a blow at my head—I avoided it with my arm—he went out again—I followed, and seeing a man outside with a stick, I took it from him for protection, but nothing more happened that evening—next morning, between 11. 30 and twelve, I came out of the Black Horse, and saw the prisoner and another man coming down the street—the prisoner said, "That is the man that was fighting with me last night"—I said, "Yes, and I am willing to have it out now, providing there is no foul play"—I drew aside—the prisoner had one hand under his coat, and in his other hand he had a revolver, which he fired, and shot me under the left rib, and said, "Take that," and ran away—he was chased, and was caught, and I was taken to the hospital—I was five or six yards from him when he fired.
Cross-examined. I do not carry a knife—I never had a knife in my pocket in my life—I do not know that the prisoner was stabbed behind the ear—I deny stabbing the prisoner—I cannot suggest who stabbed him—I don't know the prisoner at all—I have not told his mother that if I had two sovereigns I would go out of the way.
GEORGE COLMER . I am a porter of 180, Drury Lane—on the morning of the 5th June I and the prosecutor were coming out of the Black Horse; the prisoner came up—he and the prosecutor had some conversation, and
the prisoner took a revolver from his chest and fired at him and ran down the street—I took the prosecutor to the hospital in a cab.
ANN DRISCOL . I am the prosecutor's mother—on the morning of 5th June I saw the prisoner at the top of Queen Street, Seven Dials—he said "Where is your son?"—I said, "At work, I hope"—he said, "I will give him work when I find him," and he said to me he would give me Jack the Ripper—he was quite sober—I had never seen him before.
Cross-examined. Nothing was said about my son taking a couple of sovereigns to go out of the way.
JAMES MORRIS (336 E). On 5th June, about, twenty minutes past twelve, I was on duty in Seven Dials—I heard a report of firearms, and saw the prisoner running away, and a crowd of people pursuing him shouting "Stop him, he has shot some man"—I ran after him, and took him into custody—he had this revolver in his waistcoat pocket—I examined it at the station; it is a six-chambered revolver, two chambers were loaded; there was a spent cartridge in one barrel—he had on him a box containing forty-seven cartridges, a pawn-ticket for a watch for 12s., a card-case, two knives, a bunch of keys, and a pair of sleeve-links—the revolver is a new one, the cartridges fit it—the prisoner said he had pawned his watch that morning to buy the revolver—he seemed sober.
Cross-examined. The prisoner showed me a cut behind his ear; it was a small cut, recent; it was not actually bleeding.
JOHN HERBERT WHITEHEAD . I am house-surgeon at Charing Cross Hospital—I examined the prosecutor when brought there—I found a contusion on the left side of the abdomen just below the last rib—his coat and waistcoat were shot through, and his corduroy trousers were indented—I saw him two or three times afterwards—he is well now—the contusion may have been caused by a bullet; if the abdomen had been penetrated it would have been very dangerous—the thickness of the corduroy stopped the bullet.
Cross-examined. I think the charge must have been weak.
The prisoner, being permitted to make a statement, alleged that lie had been threatened by the prosecutor, and, being alarmed, lie purchased the revolver, and only intended to frighten him and make him desist from his annoyance.
WILLIAM DRISCOLL (Re-called). I have been convicted twice for being drunk and disorderly, and was fined twenty shillings or a month; it was through a drop of drink—I was charged with assault on the police at the same time.
NOT GUILTY .
There was another indictment against the prisoner for a common assault on the same person, to which he
PLEADED GUILTY .— Discharged on his own recognisances.
651. THOMAS EVANS (21), FREDERICK BRADSHAW (18), and JOHN EDWARDS , to feloniously breaking and entering the Presbyterian Church, Marylebone, and stealing a number of books and two straps, the goods of Peter Steel Robertson and others; Evans also pleaded guilty to a conviction of felony in April, 1893, in the name of Thomas Connor. EVANS— Twelve Months' Hard Labour. EDWARDS— Ten Months' Hard Labour. (A letter being
handed in, which stated that the writer had known Bradshaw, and was willing to give him employment; the COURT directed the Police to make inquiries as to the writer.) BRADSHAW— Judgment Respited. [Pleaded guilty: See original trial image.]
652. ALBERT GRAHAM (24) , to unlawfully obtaining £17 10s. from George and Charles Pullen by false pretences, with intent to defraud. There was another indictment against the prisoner for forging and uttering a cheque. [Pleaded guilty: See original trial image.] MR. PURCELL, on behalf of the prisoner applied that judgment might be postponed till next Session, as the prisoner was desirous of making restitution to the pawnbrokers.—Judgment respited And
653. CHARLES ERNEST COLLINS (31) , to twp indictments for stealing post-letters and their contents, the property of the Postmaster-General, he being employed under the Post Office.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.]
654. MENDAL SILVERMAN, Unlawfully taking Esther Falk, an unmarried girl under eighteen years of age, out of the possession and against the will of Isaac Glanz, a person who had charge of her, in order that she might be carnally known by Silverman.
MR. ELLIOTT Prosecuted, and MR. GEOGHEGAN Defended.
GUILTY .— Eighteen Months' Hard Labour.
FOURTH COURT.—Monday, July 24th, 1893.
Before Robert Malcolm Kerr, Esq.
MR. WILKINSON Prosecuted.
CHARLES LE BROOM . I am barman at the Radnor, Chancery Lane—on 24th June, about 8. 30 a. m., I served the prisoner with half a pint of stout and mild, price three halfpence; he gave me this coin (Produced)—I bent it in the tester, and told him to wait a minute—a constable was sent for, and the head barman gave him in charge—he said he was a hardworking man.
ALLEN GRANT (213 E). I was called to the Radnor, and told the prisoner he would have to accompany me to the station—he said he was a hard-working man, and obtained it in Covent Garden for selling baskets—I found nothing on him—he gave his address 34, Angel Lane, Stratford.
Prisoner's Defence. I received the coin in Covent Garden Market I was in the house before anybody came, and if I had known it was bad I could have walked out. I gave a wrong address because I would not allow the people I am living with to know that I was in a place like this.
NOT GUILTY .
FORD PLEADED GUILTY.
MR. PARTRIDGE Prosecuted.
Richard Allcock between three and four o'clock near Highgate Archway, and saw the two prisoners, and a woman who crossed the road and went into a shop—the man went up the same road and sat on a barrow; the woman came out and went up Whitshall Park, and he followed her to a stationer's shop—he dawdled till she came out, and then she went to the arch, and they went on in company to Finchley—going round Church Road she gave him something which he put in his pocket—I saw her go into about five places, while he waited outside—they walked and talked together in the intervals.
WILLIAM OVERTON . I am a grocer, of Lansdown Terrace, Highgate—on 8th July Woodburn came in for a bottle of Kopp's ale and gave me a half-crown—I compared it with another, and then went after her, and asked her if she knew she had passed a bad half-crown—she said, "I know where I took it," and gave me a good one, and I returned her the bad one.
Cross-examined by Woodburn. You did not leave hurriedly—I do not think by your manner that you knew it was bad.
DAVID SINCLAIR (Policeman). On 15th July I was on duty with another constable—I had received information, and saw the prisoners—Ford had some conversation with me, and I took a half-crown from his waistcoat pocket; we struggled, and he took a package out of his trousers pocket containing these coins, with paper between each half-crown.
Cross-examined by Woodburn. Ford said that he did not know you—nothing was found on you.
Woodburn's Defence. I went out for a walk, and went up to Ford, and asked him the way to Highgate Wood. We walked a little way together. I gave the half-crown at the shop believing it to be genuine. I then went to the other shop and paid with another half-crown, believing it to be good. I left him and went up the road; he came after me and asked me to have something to drink. I saw no more of him till after he was arrested. He gave me four half-crowns, and three of them turned out to be bad.
GUILTY.— The JURY stated that they believed her to be under the influence: of Ford.—Judgment Respited.
MR. ROOTH Prosecuted.
REV. GEORGE LOWDELL HARDING . I live at 12, Upper Porchester Street—I had a gold watch which I left at Sir John Bennett's in May, I think, to be repaired—it was to be sent to me, but I did not receive it—the prisoner was managing a temperance restaurant for me—I asked him if he had received the watch, or seen any packet; he said, "No"—I went to Sir John Bennett's, after which I spoke to the prisoner again—he said he had had it three weeks and forgot it—I told him I had asked him for it; he said I had not—he produced it; it is worth £50—assuming that the parcel was directed to me he had no right to open it—I had six tablespoons, six dessert-spoons, six tea-spoons, and six forks, which had never been used—I did not miss them till I saw them at the pawnbroker's after the prisoner was in custody—this is my watch and my silver, and has my initials on it.
Cross-examined by the prisoner. When I charged you with stealing the watch it had been in my possession two days—you were entitled to receive any parcel, but not to open it.
THOMAS DYSON (Police Sergeant). I took the prisoner on June 25th and told him the charge—he said, "How can I have stolen it if Mr. Harding has now got it?"—he said that he had received it and signed for it, but omitted to send it to Mr. Harding—during my inquiries I saw the silver—I told Mr. Harding; he went upstairs and missed it, and accompanied me to the pawnshop—I told the prisoner on the remand that he would be charged with stealing the spoons and forks; he made no reply.
ARTHUR EDEN . I am assistant to Mr. Richardson, a pawnbroker, of Upper George Street—these spoons and forks were pawned with me by the prisoner on June 15th in the name of George Lowdell Harding, which corresponds with the initials; they have never been used.
Prisoner's Defence. The watch came at nine or ten at night; I put it in a place of safety. When Mrs. Harding asked me about it Mr. Harding went away, and I sent a telegram to his manager. Receiving no reply I opened the parcel, and when he came home and asked me for the watch I told him I had had it three weeks. He had it in his possession two days, and then charged me with stealing it. The other articles I plead guilty to.
GUILTY on the Second Count only:
GEORGE OAKE . I am a jeweller, of 11, Strove Road, Willesden Green—the prisoner was my agent for the sale of jewellery, and had jewels in his possession to sell—I received information late last month, and went to 4, Upper Porchester Terrace, then to the Police-court, and then to nine or ten pawnbrokers'—these watches are mostly silver—these two gold rings, gold watch, and gold chain are mine—there are eleven watches—I
value all the property at £94—I saw the watches at various pawnbrokers'—the prisoner had no authority to pawn them.
Cross-examined. I am not in the employ of Mr. Goldstein, of Manchester; I am not his servant—it is not a fact that I am appointed by him, and get so much for appointing agents—you paid me £6 15s.—that was on my own account, not on Mr. Goldstein's—the watches are mine—this agreement was made on my behalf.
By the COURT. This agreement came to an end at the time of the prisoner's arrest—I am entirely responsible for these goods, and if they are lost I have to pay for them—the prisoner was supplied with goods on sale or return about April 26th, and he should have returned an account on May 1st—on June 1st he failed to bring an account, but owed me £6 15s., and said the goods were on hire—I took them all away from him, but gave them back, and he pledged, the lot—the money was returned when the fresh agreement was made out.
Cross-examined. You frequently received property from Manchester, but you received all these articles from me.
Re-examined. This property is entirely my own—the terms I made with the prisoner had nothing to do with Goldstein.
JOHN CLEVERLEY . I am assistant to Fish Brothers, pawnbrokers—two gold watches and a diamond ring were pawned with me by the prisoner for £6 108.—he had pledged things before—this is the ticket I gave—he said he bought them of a friend.
Prisoner's Defence. I was never in Mr. Oake's employment at all.
—He then PLEADED GUILTY to a conviction at Carnarvon on July 14th, 1886.— Seven Years' Penal Servitude on the larceny indictments.
OLD COURT.—Tuesday, July 25th, 1893.
Before Mr. Common Serjeant.
660. JAMES DOWNING (18) and WILLIAM RAY (16) , Feloniously breaking and entering the dwelling-house of Jacob Lighter, and stealing therein; also for breaking and entering the warehouse, of Gilbert King.
DOWNING PLEADED GUILTY to the second indictment.— Eight Months Hard Labour.
RAY PLEADED GUILTY to the first— Ten Months' Hard Labour.
MR. A. GILL Prosecuted.
ELIZA SHEPHERD . On 27th June I went to the post office at Bevis Mount, Southampton, where I live—I saw Miss Button, the assistant, and gave her three sovereigns, and got a registered envelope and letter, which was directed for me in the post office, to Mrs. Smith, 54, Chandler Road, Custom House—her name is Minnie; I so addressed her in the letter—I received this receipt from Miss Button.
ROSA ELEANOR BUTTON . I am assistant at the post office at Bevis Mount, Southampton—on 27th June I received three sovereigns from Mrs. Shepherd, which I enclosed in a registered letter and envelope; I did not address it, it was addressed—I gave Mrs. Shepherd the receipt—I put the money into the envelope and fastened it up.
WILLIAM JOHN ALLIS . I am head postman at Victoria Dock—the prisoner was a letter-carrier there—it is part of my duty to hand registered letters and corresponding receipts to the postmen for delivery, and he signs his name on the counterfoil in a book—the letter is identified by a number—the address is given on a slip given to him—this is it, the number thirteen represents the number of the letter in question—that is the document that was given to the prisoner, which he would have to get signed when he gave up the letter; it was returned in due course—it purports to be signed by "M. Smith"—I gave the prisoner the letter, with the slip, on 28th June—I found the slip returned next morning—the prisoner when he came to the office in the morning would put it on a file or box—I have seen the prisoner write several times—to the best of my belief, the signature "M. Smith" on the slip is the prisoner's writing—I did not see the prisoner sign this "M. C. Johnson.
Cross-examined by the prisoner. The formation of the letters in the slip is very similar to yours; the "s's" are very much alike, no other letter that I can see.
Re-examined. I speak from my remembrance of his handwriting.
MINNIE SMITH . I am the wife of Frederick Smith, of 54, Chandler Road, Custom House—I was at home on the 28th of June last—I did not receive a registered letter from Mrs. Shepherd or anybody else on that day—this "M. Smith" on this receipt was not written by me or by my authority—I did not receive any letter from Mrs. Shepherd—I did not expect a letter—my husband was at home that day, but I think he had gone to his work; he is a bedroom steward on board ship—he generally got up at half-past eight—I could not say what time he got up that morning; he is now at Norway—he came down to breakfast that morning
—he does not open my letters—I was expecting a letter from Mrs. Shepherd, but I did not know whether it would come in two or three days. (At the request of the JURY the witness wrote her name on a slip of paper)—the receipt is not my husband's writing, or the least like it—upon not receiving the letter after three or four days I wrote to my mother, Mrs. Shepherd, and she made a complaint.
By the COURT. I only occupy the bottom floor of the house; Mrs. Willis and her niece, Miss McNeal, occupy the top floor—there is no one else living in the house but an invalid, who is confined to her bed, and dying.
WILLIAM JOHN ALLIS (Re-called). This letter ought to have been delivered between eight and half-past—I gave the prisoner the receipt when I gave him the letter, about half-past seven, when he took out the first delivery—he would reach Chandler Road about 8. 15—these two papers (Produced) contain specimens of his handwriting—there is no other postman on the same round—these are official papers, reports to the Post Office, signed by him—I have seen him sign his name dozens of times.
AGNES MCNEAL . I am niece to the last witness—I live at 31, Chapel Road, Southampton—on 28th June last I was staying with my aunt at 54, Chandler Road—I did not take in any registered letter addressed to Mrs. Smith—I do not know the handwriting on this receipt.
RICHARD WILLIAM MULLETT . I am overseer at the Victoria Dock Post-office—I saw the prisoner there on 28th June—he came on duty that morning late; he said he had overslept himself—I gave him a statement to write out; he wrote it, and then left the office, and never returned to duty—his statement was forwarded to the office in due course—he did not intimate that he was not coming back—this statement was written by him in my presence—I know his handwriting—I believe the "M. Smith" on this receipt to be his writing; I should say it is in hit ordinary handwriting—when he gets the receipt he should place it in a box at the office—the receipts are taken from the box two or three times during the day, and fixed in a book—if they are not found there, inquiry would be immediately made.
JAMES PURDELL . I am an auxiliary postman at Victoria Dock Post-office, and live at 98, Abbots Road, Poplar—the prisoner lodged with me—he left without notice on the 6th July; he did not say where he was going, or give any explanation.
Cross-examined. You did not sleep there on the Thursday, the 6th, nor did I call you in the morning.
WILLIAM THOMAS EDWARDS . I am a clerk in the secretary's office at the General Post Office—I was instructed to investigate the loss of this letter—on 14th July I saw the prisoner at the General Post Office—I said to him, "I am investigating the loss of a registered letter containing three sovereigns, posted at Southampton on 27th June, addressed to Mrs. M. Smith; this letter was taken out by you for delivery, and it has not been received by the addressee; what have you to say?"—he said, "I beg pardon, I handed the registered letter into the house and got the receipt
which I gave in to the head postman"—I said, "Is this the receipt?" producing it to him—he said, "That is the receipt, sir"—I said, "Who signed it?"—he said, "The woman"—I said, "Did you deliver the letter at 54?"—he said, "Yes; I gave the letter in to the woman, at 54"—that was all he said about this matter.
PHILIP BICK . I am a constable attached to the General Post Office—on the 14th July I found the prisoner at a lodging-house in Black friars Road—I took him to the General Post Office, where he saw Mr. Edwards.—I heard Mr. Edwards' account of what took place; it is quite correct.
WILLIAM JOHN ALLIS (Re-examined). This counterfoil and slip for the letter addressed to W. M. Newman is signed by the prisoner, on Thursday, 6th July—it has never been returned to the box; I noticed that it was missing on the Friday—I asked the prisoner if he had got the receipt—he said he would bring it, but he did not come on duty any more.
W. T. EDWARDS (Re-examined). On 14th July, in addition to the conversation I had with the prisoner About the other letter, I told him, "I am also investigating the loss of a registered letter containing three sovereigns posted on 5th July addressed to Mr. W. M. Newman, which should have been received by you; what have you to say?"—he said, "I lost it"—I said, "Where?"—he said, "I don't know; I must have lost it when I was tying up my letters"—I said, "Did you tell anyone of it or report it? "—he said, "No"—I said, "What did you do with the receipt?"—he said, "I have it in my cap"—I said, "Why did you absent yourself since the 7th July?"—he said, "Because I lost the letter and could not replace it; I sent in my resignation and was looking for employment"—he had not in fact sent in his resignation; I gave him into custody there and then.
W. J. ALLIS (Re-examined). This is the counterfoil corresponding to the receipt found in the prisoner's cap, No. 20 that would be the twentieth registered letter that day before half-past eight a. m.
Prisoner's Defence. On 28th June I went out with a registered letter to Mrs. Smith, of 54, Chandler Road; I knocked at the door and handed it in with my slip, saying, "If Mrs. Smith is in, please sign the receipt; don't put 'Mrs. Smith,' but put the first letter of her Christian name. "It came out and was not blotted; I held it between my fingers to dry in the wind; it was signed. I went back to the office and put it in the box. As regards Mr. Newman's letter, it must have slipped out of my bundle. I found the slip and put it in my cap. When I got back to the office I said nothing to anyone, I was ashamed of my neglect of duty and could
not face it. I went to the office in the morning and said I would send in my resignation. I plead my innocence. I never knew what was inside the letter. I have a pension of 8d. a day for life, and it is not likely I should sacrifice that for a paltry sum of £6.
GUILTY .—>Mr. Edwards stated that there had been numerous losses of Utters at this branch.— Eighteen Months' Hard Labour.
MR. COLLINS Prosecuted.
ROBERT WILLIAM HOOKER . I live at 16, Elliot's Gardens, Colebrook Row, Islington, and am a glass embosser by trade—on Saturday night, 24th June, I was returning home about twelve o'clock, when six or seven people attacked me, and I received a blow behind the ear and was felled to the ground and kicked—I struggled to my feet and got twelve or thirteen yards away, when I was kicked again, and fell down, and I felt a hand in my right-hand trousers pocket, and I was kicked on the thigh—I heard my wife say, "Bob, he has got your watch!"—this was close to my house—my watch had been in my right-hand trousers pocket—I could not swear whose hand went into that pocket—my watch was stolen—I struggled to my feet and followed Sullivan, who I saw running away—I saw the last of him at the corner of Elliot's Court—at the top of Elliot's Place I met a constable, and told him about the person who had stolen my watch—I saw Sullivan's face; he kicked me when I was on the ground, and I saw his face then, and I looked him straight in the face when the hand came from my pocket—I would not swear Sullivan took my watch—I am sure that man I followed was the man whose face I saw, and I saw him as he turned the corner—it was Sullivan—I saw him again about five minutes afterwards in the constable's charge—he was brought back to Elliot's Place—the constable asked me if I recognised him—I said "Yes," and I would charge him with stealing my watch, and assaulting me—he said he was innocent—on the way to the station I did not hear him say anything—at the station he said he should tell Ned Moore of me—Ned Moore is a young man that lives down our place, and I believe the prisoner said that to make himself known to me—I had known Sullivan for two or three years, only being about the Essex Road, and having lived down there—I recognised him as being Sullivan—I knew his name—I recognised him when he was kicking me on the ground—it is rather a rough neighbourhood—I cannot recognise Stack as being one of the men—I did not know him by sight.
Cross-examined by Sullivan. I don't know if you are a cripple—you were not one when I knew you for two or three years—whether you had good or bad boots on I was black and blue down my thigh—I have a mark on my thigh now.
CLARA HOOKER . I am the prosecutor's wife—on the night of 24th June I came to the end of Colebrook Row to see if I could see my husband coming home—I saw him, and I saw the two prisoners and about six other men come up to him—I had not seen either of the prisoners before—two or three of the men struck my husband together in the face and head, and knocked him down, and they all commenced to kick him and punch him—I said, "Leave him alone"—he
struggled to his feet—I tried to pull him away; they pushed me and rushed at him again, and kicked him, and knocked him about again—I saw Sullivan put his hand in my husband's pocket, and I caught hold of him and said, "You are trying to rob him"—he pulled his hand away and ran off—all the men made kicks at my husband, just where they could get a kick in—Stack was kicking and punching at my husband when he was on the ground—I called to my husband and said, "He has got your watch," and they went away, including Stack—I next saw him in the dock on Monday morning with Sullivan—I recognised them both—they ran away because I called out, and several people gathered round and called out for the police—my husband ran after Sullivan, and all the others scattered away—another witness found the watch; we have got it back.
Cross-examined by Stack. Another witness recognised you outside the Court—it was about midnight that it happened.
WILLIAM SPICER . I live at Essex Road, Islington—on Saturday night, 24th June, I was coming along Colebrook Row, at midnight, and I saw a gang of fellows, and I crossed to see, and saw them round the prosecutor, knocking him about—I saw them knock him to the ground and kick him, and I saw Sullivan take his hand from his right hand pocket—I followed them to the corner of Elliot's Place—Sullivan ran away—I followed him, and saw him throw the watch away at the corner of Elliot's Place—I did not pick it up—when the policeman brought him back he asked the prosecutor if he was the man, and I said, Yes, he was—I saw Stack there that night—I did not see him again till Monday morning, when he was outside the public-house, on the kerb, opposite the Police-court to which Sullivan was going to be brought up—I recognised him at once, and I told a policeman he was the man who was with them on Saturday evening, and the policeman took him into custody—I only know the prisoners by sight, seeing them about Essex Road—I recognised Stack on the night as a man whose face I knew—I charged him myself, pointing him out from a distance.
Cross-examined by Sullivan. The watch was thrown into a doorway—it might have struck against the wall.
Cross-examined by Stack. I did not say I saw you assault him, but you were with them; there were too many of you having a kick at one time.
Re-examined. It was between a quarter to twelve and twelve.
ELIZABETH SHERWOOD . I live at 14, Elliot's Gardens, Essex Road—on Saturday night, 24th June, I picked up this watch in Elliot's Place, under a window in the roadway—I saw one or two people when I picked it up, and they said it belonged to Mr. Hooker, and I gave it to Mrs. Hooker—it was ten minutes to twelve when I picked it up—I was going home with my supper beer, and I saw the clock in the Essex Road.
DAVID STOTSBURY (320 N). On Saturday night, 24th June, I heard cries of "Stop thief!" and "Murder!" from Elliot's Gardens, Essex Road—I went and saw Sullivan run up Elliot's Place, coming from the direction of Elliot's Gardens—the prosecutor came after him, and said, "That man has stolen my watch"—I chased the prisoner and lost sight of him—I searched for him—I had a description given me—I arrested Sullivan
on suspicion outside a public-house in the Essex Road—I took him down the road and saw the prosecutor, who immediately identified Sullivan as having stolen his watch—Sullivan said, "I know nothing about it; you have made a mistake"—I took him to Upper Street Police-station, where he was charged—on the way to the station he said he knew nothing about it—in answer to the charge he said he was innocent—Sullivan ran right past me when the prosecutor was pursuing him, and I saw him plainly—I knew him by sight; I have known him for some time, and I recognized him at once—Stack was pointed out to me outside the Police-court, and I took him into custody—he said he knew nothing about it; that he was drunk on Saturday night—he said nothing when he was formally charged—I know Stack—I have seen the prisoners about with other men; not together.
Cross-examined by Sullivan. You ran by me—you have a diseased hip—I recognised you when you ran by me by the way you ran, with a limp.
Cross-examined by Stack. You were not drunk; you had had a drop of drink—you were near the place where the prosecutor was robbed, and you followed us up to the station when I had Sullivan in custody—you did not fall in my presence.
Stack's statement before the Magistrate: "I was drunk on Saturday night; I am sure I was not there. I have no witnesses."
Sullivan, in his defence, stated that he was at a friend's house about thirty yards away, and that hearing a noise he stepped out to learn the cause, and was at once pointed out by the prosecutor as one of the men who had robbed him.
Stack stated that he knew nothing of the matter, and that it had been got up against him.
SULLIVAN then PLEADED GUILTY*† to a conviction of felony in March, 1893.— Twelve Strokes with the Cat, and Twelve Months' Hard Labour each.
MR. BAYLISS Prosecuted.
JOHN FLATT (Sergeant, 14 N). At half-past four a. m. on 10th July I received information and went with 38 N to the back of 37, Haddon Road, Islington, and there I found a cap, jacket, pair of boots, shoe-brush, and walking-stick outside the ground-floor back window, which was open—I looked into the room and saw the prisoner sitting down there in the corner—I asked if he lived there; he made me no answer—I went round to the front—when I took the prisoner into custody he said, "You are too smart for me, or I should have been all over the house"—he got in by prising back the catch of the window with a knife—I found a knife on the prisoner which corresponded with the marks on the catch—he said as to the articles of clothing found outside the window, "They belong to me"—he could not have got through the window if he had kept those clothes on; the window bars were too narrow.
Cross-examined. I and the other constable were together, and saw you in the room.
SUSANNAH STRETTON . I am single, and occupy 37, Haddon Road, Islington—between half-past eight and nine the night before I saw the window of the room in which the prisoner was found fastened—I was called up by the police in the morning and found the window open—nothing was missing from the house.
The prisoner, in his statement before five Magistrate, and in his defence, stated that he went into the garden to sleep, and that in the morning, as he thought he could not get over the wall without being caught, he was going out into the street through the house, and that he had no intention to steal.
He then PLEADED GUILTY* to a conviction of felony in July, 1891, at Bodmin. A former employer of the prisoner stated that he would take him back and give him another trial. The COMMON SERJEANT said that if next Session he would enter into recognisances to bring One prisoner up for judgment if called on, and would take him then into his employment, the prisoner would then be discharged.— Judgment Respited
FOURTH COURT.—Tuesday, July 25th, 1893.
Before Robert Malcolm Kerr, Esq.
ALFRED CHARLES DEAVILLE . I am employed on the Great Northern Railway, and lodge at 130, York Road—on 3rd July, about 3. 30 a. m., I was awoke by two men trying to force my window, which is level with the back yard—I could see their faces—I got up and called Mr. Ross, the landlord, and Robert Gray; we opened the top window, where Mr. Ross sleeps, and saw three Great Northern carmen, and we all three saw the prisoner come outside my room—they got inside my room, and my coat was moved, and a candle put in the pocket of it—the window was completely forced up.
CHARLES ROSS . I am a tobacconist, of 130, York Road, Islington—on July 3rd, about 3. 15 a. m., Deaville called me—I got up and opened my window, and saw a man standing in the yard—I called a chap and gave him the key of the side door, and then saw the prisoner and another man getting over the wall of the back yard into the yard of the lodging-house—I sent for a constable and went to the lodging-house, and saw the prisoner in bed in the first floor front smoking—his bed was close to the window—I gave him in custody and went to the station.
ROBERT JAMES GRAY . I am a carpenter, and lodge at 130, York Road—on 3rd July, about three a. m., Charles Deaville awoke me—I got up and put on my clothes—two men were passing, and I made signs to them to go to the front—they pushed the door to, and the prisoner got out at the window and was getting over the dusthole—he got over the wall and dropped down into the yard of the next house—we then went to the lodging-house and found the prisoner in bed smoking a pipe—the constable said, "Is this the man?"—I said, "Yes"—another man was arrested next
day, but he was not the man—I did not know the prisoner before—he was undressed; the constable made him put his trousers on.
GEORGE SCUDDER (Policeman Y). I went with Gray and another man to this lodging-house and saw the prisoner in bed smoking—Mr. Ross and Mr. Gray went in with me; they recognised him directly they went in—I took him to the station; he made no reply.
Prisoner's Defence. I am innocent. I went to bed at one a. m., and heard a noise. I looked out at the window, and somebody said, "That is him."
NOT GUILTY .
MR. PALMER-LILLEY Prosecuted.
CHARLES HAYLOCK . I am a painter, and did live at 22, Tramway Avenue, Edmonton—on the evening of 3rd July I went out with my wife, and as we came home my boy said, "What do you think of that, father?"—the prisoner said, "Go and fetch a policeman"—I said, "What for?"—he said, "You will see if you come upstairs"—I have a front room downstairs and a back room upstairs—I went upstairs and was going into my room and saw the prisoner; he stabbed me in the thigh, and cut me on the back of my head—I had five stitches put on my head, and four on my leg—I do not know how I got downstairs—I undid my trousers and found I was stabbed—a policeman came—I was attended by Dr. Johnson.
Cross-examined. My wife was previously married—I left her because she could not agree with my mother, and she went to live with her daughter—she did not beg her daughter to take her out of charity through being in distressed circumstances—she knew where I was—they absolutely turned her out into the street—I came home by the last train, and her daughter had turned her out—I had brought her home on the Saturday night—I did not threaten to do for the prisoner on the Thursday, nor did he lock himself up—this assault took place on Sunday night about 11. 20—the first public-house I went to was the Falcon, where we had a quart of beer between five of us—we then went to the Sultan, but I never had a drain there—we then went to Mrs. Smith's—she did not refuse to serve me because I was drunk—I was sober when I got home, and the prisoner and his wife were at the window when I spoke to the boy—I had not a file in my hand—I am not left-handed—I believe my wife followed up with a broom—the wound at the back of my head did not come from the broom—it was a complete cut—it is not a fact that I bit the prisoner's nose through—I recovered consciousness and went into the room—I did not strike the prisoner with the file—John Wade did not take me away from the prisoner and say I had given him enough—I was convicted of stealing rape-seed at Hounslow and for damaging pipes—I was taken up for doing damage in Eaton Square—I was not fined 40s. at Clerkenwell—I was fined £1 at Edmonton for quarrelling—I summoned one person for assault—his name was Barter—he is dead and buried.
Re-examined. I did not agree to separate from my wife—my mother came from Margate, and left me a bit of money, and my wife did not agree with her—I halloaed "Charley," and he came upstairs.
my father at 22, Tramway Avenue, Edmonton—on the evening of July 3rd I was standing at the front door and my father and mother came home—three of us were standing there, and the prisoner called to us to fetch a policeman—I asked him what for—I did not go for a policeman; I said that my father would come up—I stood outside, and my sister came out and struck me behind my ear—my father asked why she had done it, and the prisoner hollaed downstairs, "I have got a thing here that will do for two"—I heard a heavy blow on the ballusters, and before I got half way up, I heard my father say, "I am stabbed!"—I went up, and saw the prisoner leaning over my father with a long sword—I tried to get it away from him, and he stabbed me here, and here, and here—Richards came and helped my father downstairs; he was bleeding much—I got the sword away, and, in doing so, hurt the prisoner's eye—he went into his room and said, "I have got a pistol"—I went into my room.
Cross-examined. The prisoner asked us to fetch a policeman before my father went into the house at all—my father was not in the prisoner's room—it was only a broom-handle that my mother had in her hand—the doctor has seen the wound; he says it was caused by a file—it did not look as if it had been bitten.
Re-examined. The broom was behind me—the prisoner's nose was bleeding after I took him away.
JANE HAYLOP . I am the prosecutor's wife—I was out with him on July 3rd—we came home at eleven o'clock, and when I got indoors I heard the prisoner say, "Come up here, I have something that will supply the two of you"—my husband said, "Yes, I am coming up to bed"—he went up, and I heard him cry out, "Oh, I am stabbed"—I went up—me and the boy got the sword from him, and I got my hand cut—I gave the sword to the policeman.
Cross-examined. I went to live at the house first—it was agreed that they should take me in as a favour—I did not wish to go, but I expected the brokers in—it was a convenience to have to take to my daughter's house—Haylop was away for a little time—I did not complain that he had deserted me, because he left me full and plenty—they never gave me notice: I was not going to stop because the place was not big enough—I had not got a broom when I went upstairs, but there was one on the landing, and I hit Mr. Crowe on his nose—it is not true that my husband went up with a file—I did not take the file away, and put it on the floor in the prisoner's bedroom—I was outside talking to the neighbours a quarter of an hour afterwards—my husband did not strike the prisoner with the file.
Re-examined. I was not so excited as not to distinguish which was my husband and which was the prisoner.
WILLIAM JONES . I am divisional police-surgeon at Edmonton—early on July 4th I was called to the station and found the prosecutor with a cut on the right thigh an inch and a half deep, and a scratch near the cut—it must have been produced by a sharp instrument—he also had a cut on his head an inch and a half long, which might have been caused by a blunt instrument.
Cross-examined. The injury to his head might have been done by a broom-head, but it is not very probable—I was called to see the prisoner an hour afterwards, and found a contused wound on his head; a file
would be the most likely instrument to cause it, and there was a small wound near his right ear, an injury near his right eye, and on his nose and thumb, caused by biting, which wounds were more dangerous than the others.
(Re-examined). The wound in the thigh would cause a considerable loss of blood, but I do not think he lost enough blood to cause faintness—he had been drinking, but I cannot say that he was drunk—the prisoner was perfectly sober—the wounds on the nose and thumb could not be done by anything but bites, as I saw the marks of teeth.
FRANK WHITE (377 N). I am stationed at Hendon—I was called to the house on the night of July 3rd, and saw the prisoner at the top of the Avenue—he said, "I suppose you are coming for me? I struck the first blow to knock the file out of his hand; Mrs. Haylop handed the sword to me"—the prisoner said at the station that if he had not struck the first blow in self-defence he should have been murdered, and the prosecutor made no answer—the prisoner did not seem to know what he was talking about; he was rambling through excitement.
Cross-examined. From the look of him he had been very badly treated.
Witnesses for the Defence.
FRANCES BEVERIDGE . I live at 20, Tramway Avenue, next door to the prisoner—I did not know him to speak to before this occurrence—I was on the doorstep when this happened—I heard the prosecutor and his wife coming up the street about ten minutes past eleven, talking very loudly, but I did not hear what they said—I saw them pass in, and I drew back and shut my door, and called my husband—Mrs. Crowe said, "The b——s—has got my oilcloth down in the passage"—he said, "That is it, is it? I will do for her," and he rushed upstairs—I looked and saw her following him; they had left their door open—the two doors are close together—I could hear the prosecutor and his wife in their front bedroom—Mrs. Crowe came running to me and asked me to fetch a policeman.
Cross-examined. My room is next door; their bay window is about a yard and a half from my doorstep, and they were talking very loudly; we have heard disputes ever since we have been in the house—when "Murder!" was called, my husband did not come; he is of a very retiring nature.
WILLIAM RICHARDS . I am a master painter, of 33, Tramway Avenue—I entered the house at the request of the wife, and said, "Shall I go upstairs?"—she said, "Yes"—I went up, and saw the prisoner and prosecutor in close contact—the prosecutor said, "Don't bite"—I saw blood streaming down the prisoner's face, and after that I saw a sword in the prisoner's hand, but did not see any blow struck with it—I put my hand up to prevent the biting, during which time the woman was belabouring their heads with a broom, and my opinion was that the blows meant for one were received on the head of the other—I afterwards followed the prosecutor downstairs, and saw him in the parlour; he showed me blood on his leg, which he said was the effect of the cut—he went down in front of me—he had the use of his faculties all the time—Mrs. Haylop took the sword and cleaned it—the boy was not upstairs, there was not room. for or any more.
Cross-examined. I do not know how long the scrimmage went on—it is not true that I helped the prosecutor downstairs—he went down by himself—to the best of my recollection, the boy was not upstairs.
HARRY THORPE . I live at 9, Tramway Avenue—I was outside these premises against the lamp-post—we heard the row and heard Mrs. Haylop swearing in the parlour, and after that the prisoner looked out at the front bedroom window and said, "Charlie, fetch a policeman"—he said, "Shan't"—that was quarter of an hour or twenty minutes before the Hay lops had gone into the house—it is not true that before the Haylops were in the house the prisoner called out, "Go and fetch a policeman."
Cross-examined. I did not see the Haylops come home, but we saw them inside the parlour, and a quarter of an hour after we heard the cry.
MR. OWEN. I did not see the Haylops come home, but I saw them in the house, and half an hour or twenty minutes after they came home the prisoner called a policeman—young Haylop was with me.
Cross-examined. This was about 11. 30.
Cross-examined. I was first asked to come here last Saturday.
JOHN WADE . I am a tram-driver, of 20, Hilda Terrace—about 11. 15 something was said to me, and I ran up to where I saw a disturbance, and saw the prosecutor and prisoner in the room—the prisoner had a child about twelve months old in his arms, and the prosecutor was about to strike him with, a file—I said, "Don't hit him," and I caught him by his trousers and shook him, and made a grab at the file, but did not get it—he went in and came out again, and I said, "Will you go back, and let the constable come and settle it?" and we put the prosecutor in the room, and he sat at the right-hand corner of the mantelpiece—he had had some drink—the prisoner was as sober as I am now.
Cross-examined. I was not examined before the Magistrate; I could not get away—it was a square flat file, ten or twelve inches long.
NOT GUILTY .
MR. C. F. GILL Prosecuted and MR. BURNIE Defended. The prisoner received a good character.
GUILTY .— Three Months' Hard Labour.
667. CHARLES REGINALD VARLEY (16) PLEADED GUILTY to unlawfully obtaining a watch and chain from Karl Frederick Schworer by false pretences, having been convicted at St. Albans on June 21at, 1893.— Judgment respited.
668. HERBERT ST. CLAIR McGATH (40) , to three indictments for forging and uttering an endorsement to three cheques for 28s. each, with intent to defraud; also to embezzling the said sums, having been convicted at Reading on June 29th, 1885.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.] And
(669). WILLIAM WATSON ** to stealing a watch and chain, the property of Mr. Waldegrave, having been convicted at Worship Street on June 22nd, 1891.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.]
OLD COURT, Wednesday, July 26th, and
NEW COURT, Thursday, July 27th, 1893.
Before Mr. Common Serjeant.
MR. ATTENBOROUGH, for the prosecutian, offered no evidence.
NOT GUILTY .
CHARLES HOOK . I am a master carman, of 240, East Lane, Walworth—on Wednesday, 28th June, between twelve and one in the day, I was employed by Mr. Briley, of Milton Street, to take five cases from the London, Chatham, and Dover Railway and deliver them at Messrs. Pattison and Co. 's, Australian Avenue—as I was going there I met a man at the door coming down the stairs—he asked me for the delivery-sheet; I had it in my hand; this is it—he took it from me and said, "I will go"—he brought it back signed, and directed me to take the goods to Milton Street, where I unloaded them under a shed near a warehouse—he helped me; we put them where he told me—he was neither of the prisoners—I have not seen the cases since—I believed him to be in the employment of Messrs. Pattison, or I should not have delivered up the sheet or the goods.
JOHN AVERY . I am forwarding clerk to Messrs. Pattison, Laing, and Bruce, of Australian Avenue—on 28th June we expected to receive five cases of dress materials—we did not receive them—no one in our house signed this receipt—I do not know the handwriting—we have no office in Milton Street—we only receive goods in Australian Avenue—I have seen the goods at the Police-court—they were stuffs which we expected—the value of them is about £350.
DAVID HEARD . I am a carman in the employ of George Barrow, of 55, Broadway, London Fields—on Wednesday, 28th June, about a quarter past four, some man came to our place and hired a van—I was instructed to take a van to Milton Street; it was not one of the prisoners—when I got there I saw the two prisoners in an archway and the man that went with me and two more, five altogether—they loaded the cases, the two prisoners helping—they got the whole five cases into my van—the man that hired the van and Ward got on the van with me; Burkett stopped behind with the other three; but they came on in front in a hansom—Burkett was one of the three—when all the cases were loaded we went into Tabernacle Street and had a drink at a public-house—Ward paid for the drink—we then went on to Hackney Road, and stopped at another public-house, and had more drink; Ward paid for that—altogether he paid for three drinks—I afterwards saw Burkett and the other two men in
Baron Street, Hackney Road, going towards Victoria Park—they did not drink with me on the road—we arrived at a stable at a turning off Roman Road, Bow—there I saw Burkett and one of the other men—we unloaded the goods; the two prisoners and two more men took part in the unloading—they put the five cases into a stable at the back of a chandler's shop—Ward paid me 15d. an hour, 3s. 9d.—I went away back with the van to Mr. Barrows, and left the prisoners in a public-house in Grove Road; Ward paid for drinks all round—I have since seen the cases and identified all five of them.
Cross-examined by MR. PURCELL. The man who hired me drove with me on the van, and he was with me all throughout; he was still there when I was paid—they gave me 1s. 3d. for myself; I was paid 5s. altogether.
WILLIAM ROBERTS . I am a grocer of 15, Asbury Road, Bow—I have a stable attached to my house—on 28th June, between five and six in the evening, two young men came to hire the stable from me—I do not recognise the prisoners—they hired it at half-crown a week—they paid me a half-crown in advance—I have not seen those two men since—I got no more rent.
WILLIAM CAUSEBY (Detective-Inspector K.) About a quarter to nine on Thursday evening, 29th June, I went to the stable at 15, Arbury Road, Bow—I there saw the two prisoners and another man, and five cases of goods, which have since been identified—they were all open, and inside I saw drapery goods and dress material—immediately the door was opened the three men made a rush to the door—I was in plain clothes and a detective was with me—the door was opened from the inside—as the men made a rush to pass me I took hold of Burkett, and, after a severe struggle, I threw him to the ground and held him there—the other two men, Ward and the other, got away; they were pursued by the other constable—Burkett said nothing when I took hold of him—I took him to the station and I saw Ward there the same evening—I said to them, "There are some cases of goods found in the stable; have you any explanation to offer?"—Ward said, "I know nothing about them"—Burkett made no reply.
Cross-examined by MR. PURCELL. I went to the stable in consequence of information; it is level with the front of the house; you step from the pavement into it—the door was not open when I first arrived; it was opened immediately I got there—there were three other officers with me; two were at the back; all in plain clothes—Burkett gave no explanation when charged at the station.
Cross-examined by Ward. I did not see you and the other men go into the stable—you were not in the stable more than three or four minutes before I got there—I had the place under observation from the previous night—we were aware that someone was inside—I found nothing on Burkett.
EDWARD BURDON (Detective-Sergeant K). I accompanied the last witness on 29th June—when I got in I saw the prisoner and another man rush from the stable—the inspector caught Burkett—I pursued Ward over a quarter of a mile, and caught him—he said, "What is this for?"—I said, "For being in possession of five cases"—he said, "This is all for doing a job for other people"—I took him to Bow Street and searched him, and in his right-hand pocket I found a number of pieces of material similar to those in the cases—the cases had been broken open—I found a
jemmy in the stable which had not been there previously—I have examined the bulk, and found several pieces cut off the ends, of the same colour and pattern in every particular—the prisoners were charged at the station; they made no reply.
Burkett, in his statement before the Magistrate, alleged that as he and Ward were walking along a man engaged them to help load a van, and gave them drink and 5s., and promised them another job next day, and whilst so engaged they were arrested. Ward, in his defence, said the same, and as to the pieces found in his pocket, they were given to him in a parcel, which lie put in his pocket, and did not know what the parcel contained.
—They then both PLEADED GUILTY to having been previously convicted, Burkett in September, 1887, and Ward in May, 1886. There was another indictment against Burkett, and other convictions were proved against Ward. BURKETT— Seven Years' Penal Servitude. WARD— Ten Years' Penal Servitude.
672. ALEXANDER WALKER (49) and GEORGE EDWARD MURRAY (42) , Conspiring with R. P. Noah to threaten to print and publish certain matters and things touching the District Messenger Company and Charles Tweed Russell, with intent to extort money from him; Other Counts, for offering to prevent the publishing of certain matters and things concerning the District Messenger Company, with intent to extort money from Russell, and unlawfully publishing a false and defamatory libel of and concerning Charles Tweed Russell.
MESSRS. C. F. GILL and A. GILL Prosecuted; MESSRS. COCK, Q. C., AVORY and BIRON defended Walker; and MESSRS. GEOGHEGAN and PALMER LILLEY defended Murray.
JOHN BREYED LITTLE . I am manager to the firm of H. Little and Sons, printers, of 771/2, Bishopsgate Street Within—we printed a paper called the Beacon for Walker—it was started about 10th April, 1893, and we continued to print it down to 12th June—we printed 50,000 copies of the first number, and 2,500 of the last number, on 12th June; the numbers of the other issues varied—we delivered the copies at the office of the paper. (MR. GILL put in the certificate of registration.)
GEORGE REED POOLE . I live at 13, Selborne Road, Wood Green—I am book-keeper in the employment of the District Messenger Service and News Company (Limited)—I have known Walker for four or five years—I also know Murray, who was formerly in the employment of the District Messenger Company as a cashier—he was discharged from the service—about the end of April I met Walker on my way home from Broad Street Station, and when we got to Wood Green I went with him to the Alexandra Palace Hotel—he asked me what I was doing, and I told him I was employed at the District Messenger Service Company in the City—he said, "Oh, that company! Is it going to be amalgamated with the Boy Messenger Company?"—I said, "Yes," the amalgamation was about to take place—he asked me if I was satisfied; if they paid me well—I said, "No"—he said, "Do they pay you well?"—I said, "No"—he said, "Could not you give me some information to put into the paper?"—I then asked him what paper it was—he said, "I am the editor of the Beacon"—I told him I had not heard of it—he said he thought that if I could put some particulars in his paper, ask some questions of a test
nature, that in all probability the management of the District Messenger Company would be glad to shut us up for money—I said I was only on one side of the business, that I was not in a position to give him the evidence that would be of any service to him, "But I can get you the evidence you require"—he said I might put some test questions in the paper—I said I could not give him the information personally, "But I can get you the information from Mr. Murray"—directly I mentioned Murray's name he said, "I know Murray; I think I know Murray"—I told him on that occasion that Murray had been connected with the District Messenger Company as cashier since its formation, or nearly so, but that he had been dismissed—I did not say what he was doing at that time, whether he was then in employment—it was arranged that I should write to Murray, and that we should go to the Beacon office together to see Walker—I wrote to Murray, and we met and went together to the Beacon office in New Broad Street; it was on the 6th of May I believe—I saw Walker there, and the three of us were together in a private room—I said, "This is Mr. Murray"—Walker did not appear to know him, although he said he had known him on the previous occasion—we sat down and got into conversation about the District Messenger Company, its origin and capital, and all the rest of it, and during the conversation there were several suggestions made for matters to appear in the Beacon—Walker said, "I am prepared to print some articles about the District Messenger Company, if either of you could give the information"—I had previously told Mr. Walker, at Wood Green, that there had been an extraordinary meeting of the directors to arrange about the Paris capital, and that £75,000 additional capital was required for amalgamating with the Boy Messenger Company; I afterwards learnt that to be incorrect—I said the Paris company was ripe for floating—that subject was referred to at this interview, which was very short—Walker asked me what the takings of the company were, and I said they had grown considerably and were now between £60 and £70 a-day—when Walker said he was prepared to print articles about the company if we could give information, I had no information to give; Murray said he would give information—they were in conversation, and I don't know what he said—Walker asked questions and Murray answered them; I don't know what the questions or answers were—Walker took notes on some paper on the pad on his desk—Walker asked me what the company's takings were at present, as I was in the company—I said between £60 and £70 per day, and I also added that the expenses were very heavy—I had told Murray I wanted him to go and see Walker at the Beacon office, and give him as much information as he could about the District Messenger Company, with a view to print articles about the company—the purpose was arranged at the office afterwards—I believe I asked the question at the office, "What are we to get out of this?"—Walker said, "You must wait and see what we can get out of Russell, or the company," and that after a few of the articles had appeared Mr. Russell would be very glad to pay to stop them—I think the arrangement as to what was to be done with the money in the event of Russell paying was at the next interview—we had no other interview before the publication of the paper on May 10th—I think we saw him on the next Saturday—the Beacon was published on Wednesday—this is a copy of May 10th. (A paragraph headed, "The District
Messenger and News Company," was read. It referred to the proposed amalgamation with the Boy Messenger Company, asked whether, before the proposed £75,000 additional capital was subscribed, it would not be well for shareholders to find out where the previously subscribed capital had gone, why the business was carried on at a loss, and oilier questions concerning the company, and stated that they should have something to say about these points and about the Paris Company shortly)—after that issue I saw Murray and Walker together at the Beacon office; on the following Saturday, I think, I could not say positively, it was the 13th—general conversation took place on matters relating to the District Messenger Company, and it was arranged, after various suggestions had been made by one and another, that a letter should be written—I took notes of what was said, and took the notes home and wrote a letter, and sent it by post, and I afterwards saw that letter signed "Veritas" in print in the Beacon of 31st May—I saw a copy of the Beacon every week—before that letter appeared I saw this paragraph in the issue of 24th May. (This paragraph stated that the paper would shortly show why the money increasing the capital of the District Messenger Company was required, and criticise the last balance-sheet; and that the Russell group of companies would also occupy their space. The letter signed "Veritas" was then read. It stated that in view of the fact that no dividend had ever been declared by either the District Messenger or the Boy Messenger Company, and the great doubt that existed as to whether the additional capital in consequence of the amalgamation would be subscribed, it was incumbent upon the shareholders of the District Messenger Company to insist upon a thorough investigation of affairs to find out where the bulk of the original capital went, and by what hands the company was run. The letter concluded:—"Why has the managing director delegated his authority and position as general manager to a subordinate, who is both ignorant and incompetent? Is this worthy director aware that while he is occupying his time with flying visits to Paris and Brussels in the fond hope that his pockets will be filled by Continental dupes, a question must arise, apart from any patent rights, that he will be held responsible for the maladministration of this company? There are other companies in which this man is interested, which equally require invest at ion, but the shareholders of the District Messenger Company should shake off their apathy and insist upon an immediate inquiry with a view of ascertaining the whole truth. Your obedient servant, VERITAS.")—on the Saturday before, the 31st, I asked again what remuneration we were to have for the letters; I spoke for myself and Murray—Walker said, "I have got nothing yet, but you and Murray will have half between you, and the other half will go to myself and partner—Murray was with me then—Walker said he hoped to get £100 from Russell—a few days afterwards, Walker said, "I have sent a man to Mr. Russell, but he seems very difficult to deal with," or something to that effect; that he had got nothing out of him—on 24th June, Murray and I visited the Beacon office for the last time, and during the conversation we had with Walker it was arranged that I should write a letter, and that Murray should write another letter, and for that purpose we were each handed a stamped envelope directed to the Beacon office, New Broad Street House—the
letters were to be as from members of the public, one slating the company and the other asking a lot of questions—this is the envelope I received; I saw Walker direct it, and put a stamp on it—I saw this issue of the Beacon of 14th June, 1893; I used to go to the office and get the papers as they appeared. (A paragraph concerning the District Messenger Company in the Beacon for June 14th, was read. It gave estimates of probable receipts and expenses of the company, and stated that the figures were conclusivs that the company could not pay its way, and every day got deeper into trouble; that if these facts had been placed before them the shareholders would never have consented to the issue of £75,000 preference stock; that the Beacon could not see how anyone would be My enough to take any of it up; that the balance-sheet for 1892 had not yet appeared, and the statement for 1891 showed debts owing to the amount of nearly £10,000; that there was plenty of opportunity for the extension of the business, which was a profitable one, but that there would have to be a change in its affairs before it could be made to pay; and that the Beacon intended to enter into further details, more especially with reference to the inception of the company, the manner in which the shares were distributed, etc.)—I received this letter from Murray, in his writing, after sending in the "Veritas" letter. (This, dated June 2nd, stated tint the "Veritas" letter was a regular stinger, and rigid up to the point; that he would meet him in Newgate Street on Saturday or Monday; and that he wanted to see and talk over matters with him, as he thought the time was now fast approaching when a collapse must take place)—when this matter was going on I received both these letters from Walker—they are in his writing—they are undated—I have noted on the second one, "June 26th, 1893." (These letters were read. The first stated that six o'clock was too late, but named Saturday before eleven, or at one, two, or three. The second was: "Heard from neither of you this morning. I have been to Somerset House. You both give me a lot of trouble. Shall be here up to 5. 30, very possibly at Manor House at nine to 9. 30")—Walker said he had investigated the register at Somerset House as far as he could, and had brought some particulars away, which he should put into print—he said he had sent the Beacon to the directors and secretary, and as many shareholders as he had the addresses of—"You both give me a lot of trouble" I take to refer to his not receiving the two letters we had promised him on the previous Saturday for publication on the Wednesday—on 24th June, after leaving Walker's office, Murray and I agreed not to have anything more to do with the Beacon office, and we did not, because we were not paid—Noah's name was mentioned once; it was when I kept the appointment, in reply to Walker's letter, at the Manor House, a public-house in Wood Green, on 26th June, from nine to 9. 30—I saw Walker in the bar there after I had been there some half-hour, and he said, "By-the-bye, do you know Noah?" or "Major Noah?"—I said, "O, I do not"—I asked two or three times about the money—he said he had got nothing—on this occasion I did not ask who Noah was, and he did not tell me; we had no further conversation on the subject—on 27th June Mr. Russell made a statement to me, and I found he knew what had been going on, and then I made a statement to him in reply to his charge against me—Mr. Russell took me round directly to Mr. Wontner's office, and I repeated what I had said—I was at the Mansion
House on Saturday, July 1st, when warrants were granted against Walker and Noah—that evening, about six o'clock, I got home to Wood Green—my wife made me a communication, in consequence of which I went to see the secretary of the company, and afterwards to the Police-station—I subsequently got home between eleven and half-past eleven—I then saw Walker sitting on the iron rail which divided the forecourts—he said, "At last, eh! I should have waited here all night; what have you been saying about me?"—I asked him what he meant, what he was alluding to—he said, "Oh! you know all about it; you know there is a warrant out against me"—I said I was not supposed to know that—he said, "Has Out ram got it?"—I said I believed he had—he said, "Do you think it is likely he will execute it to-morrow?" (that was Sunday)—he asked me that twice, and I replied each time that I had no idea what the warrant officer would do—he asked if Messrs. Wontner were the solicitors—I said, "Yes, they are"—he said, "Is the charge one of libel?"—I said, "No, it is not"—he said, "Oh, frightful, I shall get five years for this"—I did not tell what it was; he knew the alternative, I presume—he then left, and I went indoors—I next saw him at the Mansion House in custody.
Cross-examined by MR. COCK. I am fifty-six—during part of that time I have been in business in the City—I was employed by this company at £2 10s. a week, and that is the whole of my income—I have ten children—the District Messenger Company has been before the public about three years, I believe; it was said that £200,000 capital was subscribed, but I don't know how much—there was a proposal to amalgamate it with another company, and it was about that that Walker first spoke to me—he desired, as far as I could see, to have some information about the nature of the company—I should have given him correct information if I had been able to do so—the £75,000 was an erroneous statement altogether by me, I made a mistake; I thought £75,000 was required for the purpose of buying up the Boy Messenger Company, but it was a mistake—that was what I communicated to Walker—there was the question at the same time of promoting a company in Paris; it was to be part in Paris and part in London—Walker told me that the Beacon was a financial paper, and I understood that it was—I was prepared to give him such information as was in my power for a consideration—Murray had been in the employment of the company from the very beginning, a long time before I was there, and had been for a long time their cashier, and no doubt he knew a great deal more about the company than I did—I knew that Murray was not very friendly towards the company—I knew that he would be a likely kind of person both to possess knowledge and to give it to Walker—Walker said he thought he knew him; but afterwards when he came there, so far as I could see, he did not know him—I introduced him—I would not be certain whether anything was said about remuneration at the first meeting; I could not say whether it was the first or second occasion—I don't remember what I said before—I believe something was said about remuneration on the first occasion, I won't swear it; I cannot remember everything—I had given information to Walter before about a certain company as to which I had means of information—I was in the service of that company—on that occasion I got 10s. and a drink for a letter written about the previous company—I swore
on the last occasion (and it would be my present impression), "No Arrangement as to pay was made with Walker; I based my calculations as to the reward on previous experience. I expected about 10s. an article and drinks"—that does not say anything about the arrangement that was made—I should have been satisfied with that which I was paid when I contributed to the Observer—Mr. Russell had got all the information for this prosecution before I said a word—I was aware before I made my statement to Russell that he had discovered my communication with Walker—at that time my only means of livelihood was the £2 10s. I was receiving from the company—I am with the company still—I and Murray went to the Beacon office, so far as I know, to give the editor of that paper accurate information to the best of our power, and, so far as I know, we both did that—it was a very small room in which the conversation between Walker, Murray, and me took place—we sat at a small table in the room, and I heard every word—I could not say whether the business was being carried on at a loss—I should say that for some time it had been—I told Walker that the expenses were very large—I believe that ever since the formation of the company the expenses have been much greater than the revenue—I don't know if the shareholders had received any dividend or not; that was not my suggestion—I believe Walker was informed that they had not—the terms Arranged with the Boy Messenger Company, and the commission to be paid by the American people who supplied the call-boxes was the subject of conversation at this time—I believe Walker was informed that it was the custom for officials to pass tickets for amounts advanced to them out of the till until they accumulated to several hundred pounds, but not by me; probably Murray informed him of that—no doubt Walker had all that information given to him, and he was not able to say whether it was true or not—I think the balance-sheet had not been published by 24th May—I don't think any balance-sheet had been published; I had not seen it—the District and Boy Messenger Companies were amalgamated on 6th May and Mr. Bush is chairman now of the amalgamated companies—I believed that the statements I wrote in the letter of 31st May were true; the letter was not entirely my composition—I never mentioned to anybody, before I knew that Mr. Russell had found out my communications with this paper, the story about dividing what was to be got—I mentioned it first after Mr. Russell pulled the letters out of the safe showing I had had communications—I never saw Noah in my life to my knowledge, and I never heard his name till Walker asked me at the Manor House if I knew him.
Crow-examined by MR. GEOGHEGAN. Mr. Henry Osborne was the first chairman of the company, I believe; he was not chairman when I went into the employment—Sir John Heron Maxwell was chairman when I went there; he resigned—I don't know who was chairman of the District Messenger Company in May last—I have nothing to do with that side of the business—Murray took very great interest in the company and worked very hard for it, and I think he thought it had a future before it—it was said he was discharged because he was incompetent and could not keep the accounts—he was angry with the officials, and Russell, and Lord, the secretary—he has great heart-burning, I believe—I know he thought the company could not go on in the way it was managed—he had
told me so; we have had many conversations—Murray introduced me to the company, and we have been friends for a number of years—he was very anxious about the company when I went there two and a half years ago; but he was not allowed to have his own way, and he was dissatisfied with the way the company was conducted—a few days before 6th May, I wrote to Murray to meet me—I think it was in May—immediately after Walker asked me to take Murray to him I wrote to Murray, and then we had the first meeting with Walker early in May, the first week, I think—I did not know that before that Murray was writing to the shareholders of the company, or that he had consulted solicitors about it—I had not seen him for some time before that—when I asked what we were to get out of it, I meant myself and Murray—I am certain that Murray assented to the proposition that he was to get some money—it was thoroughly understood in the first interview that he and I were to get something from Walker—"On taking Murray to the Beacon office, it was to get further information of a reliable character, to the best of our ability," is not correctly rendered—I don't think the question of money occurred at the first interview; the amount was not mentioned then—I expected we should both be paid; Murray was willing to be paid—we had made no arrangement—no doubt Murray was anxious to give information to the paper, so that the present system of things might be shown up, as he was dissatisfied with the management and complained of his treatment, but he was to be paid for his work—when I swore, "It was not mentioned the first time that Murray was to participate in our arrangement for payment," that was as to the mode of payment—until this matter, I don't think I had spoken twenty words to Russell in two years; he is a stranger to me—I have no reason to be hostile or antagonistic to him—I had no feeling in the matter—Walker was the first person who tempted me to violate my duty to the company—I know Glbson well; he was an advertising agent, who sold his business to Mr. Russell, and I don't know what he is now—he was plaintiff' in a matter in which Mr. Russell, who was my employer, was defendant—I wrote to Glbson the two letters which Russell afterwards showed me—they were not written for revenge, but to assist Glbson—Glbson had promised me a lot of particulars as to the advertising company with which Russell was connected, and he did not send them, and I wrote and asked him to hurry up; that was all in the first letter—Glbson brought the letters to Russell and sold them to him—I don't think they were harmless letters—the second was a little stronger than the first—when Russell got those letters he put a watch on me and Murray, and had us tracked all over London, and we were seen to go to the Beacon office—I did not say at the Police-court, "I did suggest to Glbson that he should use the columns of a paper for sweet revenge"—my letter to Glbson said, "Now is your time for sweet revenge"—I did not mention the columns of a paper—I told Russell I was very sorry for what I had done—I gave information about Russell which resulted in my being tracked, and then it was found out incidentally that I was going to the Beacon office—Mr. Lord, the secretary of the company, was present at the interview of 27th in Russell's room—Russell asked whether I had any fault to find with him, or any grievance against him—I said I had not, and I said "You are a stranger to me, Mr. Russell"—he asked me if I had any fault to find with my wages; I said, "No"—he said, "If you
are not satisfied, why did you not come to me and make a complaint rather than write letters denouncing me and the company?"—I evaded it as long as I could—I asked him what he meant, what proof he had of it—I said, "I don't know what you mean, sir"—I knew what he was trying to get at—he said, "I will very soon bring evidence before you," and then Mr. Lord took the two letters which I had written to Glbson out of the safe, and then I owned up, there was no help for it—having got into a corner I did not think I should like company.
Re-examined. I believe Murray had some shares in the company at one time, but I don't know—I never had the registers in my hand—he left the company's employment on 13th August, 1892—early in May, 1893, I took him to Walker—the first time I saw Walker he asked me about my wages, and whether I was satisfied, but he did not say anything then about money—he said, "I suppose you are very poor and could do with a bit?"—the "Veritas" letter was a joint composition; there were suggestions by one and another.
CHARLES TWEED RUSSELL . I am general manager and director of the District Messenger Service and News Company, limited—the head office is at 50, Lime Street, and we have branch establishments in different parts of the metropolis—the company has only come into existence within the last two and a-half years—in December last there was a proposal for amalgamating the company with the Boy Messenger Company—in April this year we were taking steps with regard to a Paris company, which has since been brought out—it was an English company for working in Paris—four or five directors were directors of both companies—up to April, or the beginning of May this year, I had never heard of Walker or the Beacon—on either the 6th or 7th May, when I was coming out of the smoking room of the Victoria Hotel, Noah, whom I never saw before, was introduced to me—I had no conversation with him—the next I heard of him was when I received this letter of 10th May from him, enclosing a cutting from the Beacon of that date. (This was written on paper with the printed heading, of the Hotel Victoria, addressed from 7, King Street, Cheapside, and stating that enclosed was a cutting from the "Beacon," the editor of which was Walker, who had read to him (Noah) a long article which lead been prepared for that week's issue, but had not been inserted, cud was talked about for the future, and that perhaps it would be well to send somebody to see what Walker was driving at; that he (Noah) had told Walker he was interested in the company's and Russell's success, and that he had called on Friday at Lime Street to see Russell, but as Russell was absent he had mentioned it to Captain Stead)—I answered that letter to 7, King Street—on 11th May Noah came to see me at 50, Lime Street, the office of the company—I said to him, "Where is Mr. Walker?"—he said, "I represent Mr. Walker; Mr. Walker is very busy, and he cannot come on here"—he said he had called last week to tell me about the article that had been prepared for the Beacon, but he had persuaded Walker to hold it over till he 'could see me—he said, "Walker has a mass of matter about the District Company and yourself that you would not like to see in print. You know he is a man that is notorious in the City, and he would stop at nothing"—to lead him on I said, "What does Walker want?"—he said, "Mr. Russell, give me a cheque for £100, payable to Walker, and I will
see that all the matter is stopped, that there shall be no more publications"—I jumped up and said, "Major Noah, if you have come here for blackmail, either on the part of the company or myself, you are in the wrong shop; not a farthing will I give you, and you would not get a farthing either out of the company or myself"—I told him the books would be open for him or Walker or anybody to examine; that the statements made were absolutely without a shadow of truth—when he said that Walker would stop at nothing he said that Walker was the man who wrote the articles in the Financial Observer referring to Marks and Beall—he passed some other remarks, and I turned to leave him, and he said, "Here, Mr. Russell, give me £25, and I will go and square this thing now"—I said, "Not a farthing; if you are an honest man you will take pains to get the exact facts, and withdraw the statement you have already made"—this was the day after the first publication in the Beacon—I then left him and have not seen him since—when I arrived back at my hotel, the Victoria, that night I found this letter:—"Dear Mr. Russell,—It will take a lot of my time, which is very valuable to me, to attend to the matter you spoke to me about, but I will gladly devote it to your interests if you send me a fiver for my services.—Awaiting reply, faithfully yours, R. P. NOAH."—I never saw him afterwards—from time to time I saw the attacks made on the company in the Beacon—in consequence of information, I had Poole watched to a certain extent—on 27th June, I sent for Poole; he was brought to my room, and from there I took him to Mr. Wontner's office—Murray had been in the employment of the company, and had been discharged in August last year, when I was away for four or five months—he was not a shareholder, and had no interest in the company—on a Saturday I attended at the Mansion House, and warrants were obtained for the arrest of Walker and Noah—afterwards a warrant was obtained for Murray—I think two days after Noah came to me, on 11th May, I communicated with Mr. Wontner, and after that I acted on his advice.
Cross-examined by MR. COCK. The District Messenger Company had a capital of about £200,000—the capital of the company proposed to be amalgamated with it was about £60,000—the nominal capital of the Paris company was £200,000—a company was also being formed in Brussels, and the capital of that was £200,000—I don't think the shares of those companies were on the market—I won't say they are privately held—they are not dealt in on the Stock Exchange—they are very strongly held—I never saw Noah in my life before this transaction—I have made inquiries about him since, and the accounts about him are not satisfactory—I don't think it would be too strong to describe him as an unmitigated blackguard.
Cross-examined by MR. GEOGHEGAN. Murray, after he was dismissed, brought an action for the balance of his wages—the first chairman of the District Messenger Company was Mr. Henry Osborne; he resigned—Sir John Heron Maxwell succeeded him; he resigned in September last, I think—I was away for five or six months—for the last five or six months Mr. George Bush has been chairman, ever since the resignation of Sir John Heron Maxwell.
Re-examined. There is not the slightest ground for the attack made
on the company; it is in the most flourishing condition—Murray has not got any money in it.
CHARLES LANE . I am a journalist, living at 17, Adelaide Road—I have teen to the Financial Observer office and spoken to Walker there—I only saw him twice in my life—on the first occasion I saw him with Major Noah—they were downstairs; I was going upstairs—Major Noah introduced me to Walker—that was the first week in December, 1890, as near as I can recollect.
GEORGE HERRICH . I live at Lamb Buildings, Temple, and am a gentleman of private means—on 6th May I was in the smoking-room of the Victoria Hotel, and Noah was there—I know Russell quite well—Noah called my attention to the fact that Mr. Russell was on the other side of the same room, engaged in conversation with a gentleman, and said, "I should like very much to meet him to-day"—later on he drew my attention again to Mr. Russell, and as Mr. Russell went out I followed him, and Noah followed me—Russell was in conversation with some friends—later I saw him going towards the door—Noah said to me, "I should like to meet your friend Mr. Russell to-day, as I can do him a good turn, I think"—I followed Russell out, and Noah soon joined us and was introduced to Russell—Russell was in a hurry and went away—next day, 11th May, I saw Noah again at the hotel; he had just come in—Russell lived at the hotel at that time—Noah said he would call at Russell's office—he said Mr. Russell was out, but he met Captain Stead there; he said he had written him a letter—afterwards, on another day, Noah said, "I have just been up to see your friend Mr. Russell and had a talk with him, but he does not seem disposed to do anything about the matter that I told you about"—he spoke about an article being set up in type to be published in a financial paper in the City—I said, "What is it's name?"—he replied "The Beacon"—I said I had never heard of the Beacon; I did not think it had much of a circulation in the West-end—he said it had a small circulation, but then sometimes larger papers copied from the smaller ones, and people were inclined to believe what they saw in print—he afterwards said he thought there ought to be something done, because it cost money to set up type, and if he suppressed the article the paper ought to be compensated—I said, "Mr. Russell is a very independent man, and a bad one to tackle"—he made no remark on that—next day he said, "I have just sent up a note to your friend Russell asking him for a fiver"—I have seen Noah's writing—these are in his writing.
Cross-examined by MR. COCK. I am in no business relations with Russell—I have no occupation, but live on my means entirely—I have lodgings in Bedford Square—I have been with friends in Lamb Buildings, Temple, for ten years—my name is not up there—it is a rendezvous there—I have no profession—I met Noah in London many years ago—on this occasion, when I introduced him to Russell, I met him in the smoking-room at the Victoria Hotel, and next day I met him there—I was calling on friends there, and found him calling on friends; our meeting was accidental—I had known him about ten years—I thought there was no harm in introducing him to Russell—I thought he would be satisfied with anything he could get.
office of the company to see Mr. Russell—I went into the inner office—I saw Noah there, who told me what he was waiting for—some of the boy clerks were there—Noah was sitting outside on a bench when I came in; I passed him the time of day—I knew him before; not intimately—then I went into the other office, and Noah came in five or ten minutes afterwards and said something to me—after the conversation he left me there And went away—he was speaking to me for a few minutes—I was only there for the purpose of seeing Mr. Russell; I called to see him—I own shares in the company, and Russell and I are old friends—I and many of my friends are interested in the company. (MR. COCK objected to the statements by Noah to the witness being given, there being no evidence of a conspiracy between Noah and the prisoners; and no evidence that the statements were overt acts in pursuance of a conspiracy. After hearing MR. GILL, the COMMON SERJEANT ruled that he would admit the statement if it was pressed, although he had some doubt about it. MR. GILL stated that he did not press the evidence)—I think I saw Noah a couple of days afterwards—I won't be positive whether it was the next day or two or three days afterwards.
ALFRED BRIGHT . I am a solicitor at 77, King William Street, and a director of the District Messenger Company—a copy of the Beacon of 14th June was sent to me quite unsolicited—I had never heard of the paper before—I gave it to the company's secretary.
Cross-examined by MR. COCK. As a director, if there was anything to be inquired into it would be my duty to inquire into it, I presume.
ROBERT OUTRAM (Detective Inspector). On 1st July I received warrants for the arrest of Walker and Noah—I have never been able to execute that against Noah—I and others have made every effort to find him; he cannot be found—I looked for but could not find Walker between the 1st and 10th July—I searched for him at his office and private house—on 10th July he came to the Police-station, at the Old Jewry, by arrangement—I read the warrant to him—he said, "It is not true—on 5th July I received the warrant for Murray's arrest—I arrested him the same day, and read the warrant to him—he said, "I am not guilty"—among the papers found on Murray are copies of four letters addressed apparently to shareholders in the company, dated from 20th to 26th April.
Cross-examined by MR. COCK. I received a communication from Walker's solicitor saying he had seen this thing in the paper, and would surrender—I was informed he was away from London, and had only seen an account of these things from the paper—he came and surrendered himself.
Cross-examined by MR. GEOGHEGAN. I arrested Murray at a place in London, where he was employed.
Re-examined. The proceeedings in the papers were that there was a warrant out against Walker; that was after Murray's arrest.
ELIZABETH JANE POOLE —I live at Wood Green—on Saturday, 1st July, about five o'clock, Walker came to our house and asked if my father was at home—I answered, "No—he then asked me what time he came home—I said, "Between seven and eight in the evening"—he said he would call again, and he came about six o'clock and asked if my father had been home—I said, "No"—he said, "Which station does he come by?"—I said, "Palace Gates"—he said he would go there and meet him—he came again a third time about eight o'clock—I met him at the gate with my young
brother—he asked me if I had given my father the message—I said, "No"—he asked me if I knew where he had gone—I said I was not quite sure; my father had been home and had gone out again—Walker said he must see him; it was very important business, and he must see him if he stayed there till five in the morning—that night, after eleven o'clock, I saw my father talking to Walker at the gate in front of the house.
The prisoners' statements before the Magistrate:—Murray says: "I am perfectly innocent of the whole transactions." Walker says: "I knew absolutely nothing of Noah's application.
MURRAY— NOT GUILTY .
WALKER— GUILTY . Eighteen Months' Hard Labour.
ULRIC KNUT MACKENZIE . About eighteen months ago I went to the Cape, farming—my grandfather is one of the directors of the Bank of Scotland—on 1st February, 1891, I entered the London office of that bank as clerk—I was under Mr. Jolly, another clerk, to be initiated—on 6th February, 1891, I went out with him; he had two satchels—we collected £2,000 odd from the London and County Bank, among it being two £1,000 notes numbered 69515 and 69516, dated 14th March, 1889—Jolly put them into one of the satchels—we went to other banks and collected more money—then Jolly, while he went to another bank, gave me a satchel and some notes and cheques for me to go to the National Provincial Bank and present the cheques—I put the satchel containing the notes on the counter before me—while the cashier at the counter was examining the cheques someone touched me on the shoulder and wanted to know where the Union Bank was—that distracted my attention, and when the cashier gave me the notes I found that the satchel was gone—I went back and communicated to the head office. (MR. GILL stated that he did not contest the fact that the notes were stolen, the prosecution not alleging that the prisoner had stolen them).
ALFRED ISRAEL (interpreted). I am cashier to Messrs. Allard, Place de la Bourse, Paris—on Monday, 13th February, the prisoner and another man came to their office, and the prisoner gave me a £5 and a £1,000 Bank of England note, and asked for French money in exchange—I looked at the numbers of the notes, and referred to a list of English banknotes supposed to have been stolen—I found the £1,000 note which the prisoner had given me, No. 69515, of 14th March, in that list—I went to communicate with my master, and when I came back the other man had disappeared—the prisoner was detained, and the police were sent for—an English bank-note is in Paris three centimes in the pound more valuable than here—inquiry afterwards took place, and the prisoner was sent to England—certificates of French Rentes were found on him—I cannot say how many or to what value.
Cross-examined. The rate of exchange varies from ten to forty centimes per pound—that would be from 1d. to 4d. on exchanging £1—I was behind a small counter—after seeing my master I went to see the Commissary of Police—I came back with the Commissary in about a quarter
of an hour from the time I went to speak to my master—I believe the rate of exchange on that day was 25 francs 7 centimes for a sovereign—we gave more for a note than for gold on that day.
FREDERICK LAWLEY (City Detective Inspector). On 3rd March I was in Paris on other business—information was given me, and I went to see the prisoner, who was detained at the police depot—I told him I was a police officer, and was about to return to London, and I said, "Do you wish to give me any explanation of how you came into possession of this £1,000 note?"—he said, "All the explanation I can give is, I got it from a man in the Royal Exchange"—I said, "What is his name?"—he said, "I do not know"—I said, "Where does he live?"—he said, "I cannot tell you. I should know the man again. I am most anxious to get back to London, because I think I can find him"—after giving my evidence on 25th May he remained in custody till the following Monday, 29th May, and then he was allowed out on the recognizance of his landlady, Mrs. Boswell, and he has been at liberty since then—he has never brought a man named Jackson to me.
Cross-examined. I have not found Jackson, nor the people who stole the notes—a large number of the smaller notes and some of the £200 notes have come back to the Bank of England, I believe; I don't know myself—I think one other £1,000 note has not yet been returned—I knew before I went to Paris that the prisoner was in custody there—Honey was with me when I saw the prisoner—I knew he had been examined by the Judge d'Instruction—no evidence, to my knowledge, was given in Paris of the larceny; he was brought to Boulogne—I made no note of my conversation with him—I saw him once to speak to; I may have seen him twice—I believe I have given all he said—I know he signed a consent to come over here, and he has been out on the nominal ball of £50 of his landlady.
Re-examined. When he was out on bail the witness (Mr. Mackenzie) had not come from the Cape.
ROBERT OUTRAM (City Detective Inspector). I had to make inquiries into the loss of these bank-notes—in February this year I heard of the prisoner's arrest in Paris—the warrant was issued in London on the 25th March—on 10th May I went to Boulogne in pursuance of an arrangement—the French police gave over the prisoner to me there, with this £1,000 bank-note, and a bag containing the prisoner's diary in French—this French document, the prisoner's consent to his extradition, was also given to me—I took him to an hotel and read the warrant to him; it was for receiving this £1,000 note on 10th February, knowing it to be stolen—he said, "If I knew the note had been stolen I should not have bought it. I paid 25,000 francs for it"—on the way to London he asked me to read the warrant, but he was very reserved, and said nothing—I brought him to London, and he was charged at the City Police-court, and on 29th May he was allowed out on bail.
Cross-examined. I have made inquiries about the prisoner—he bears an excellent character—I have referred on his behalf to several solicitors whom he has approached respecting the promotion of a company—I have been informed that for some years he lived at Leixlip, near Dublin—I have seen him about the City for some time past—he was in communication
and touch with persons in a good position with a view to promote a yeast and distillery company, but it fell through.
CHARLES ALBERT . The witness translated the answer made by the prisoner when charged by the French authorities as follows:—"I am innocent. I am neither thief nor accomplice. I bought the note at the Royal Exchange, London, from a Mr. Jackson, who told me he lived at No. 15, Sloane Street, London, W. I have known that individual only by sight. I wish to see my advocate before answering whether I consent to be delivered over to the English Government"—afterwards I see he consents to be delivered over to the English authorities—I have looked over and corrected the translation which has been made of the prisoner's diary—it is correct. (The following extracts from the translation were read:—"12th February. Arrived from London at the Northern Railway Station, Paris, about 11. 30 p. m. Changed English money at the railway refreshment room, and received two bad foreign coins." "13th February. Went to Allard's, money changers, Place de la Bourse, Paris, to change English bank-notes about one o'clock in the afternoon, and after having waited about three-quarters of an hour the Commissary of Police came to arrest me," etc. "21st February. At Mazas. Called before Mons. Lucien Rodat, Judge d'Instruction; left at nine p. m., returned at six p. m. The clerk of Allard's, the changer, Mr. Isaac, and the maitre d'hotel were also called," etc. "April 11th. Mazas. Called to be examined at 8. 30 a. m. Saw the substitute of Procureur at five p. m., who made out a report for my extradition on the charge of haying received a bank-note knowing it to be the proceeds of a robbery, to which perfidious accusation I have stated that I bought this note at the Bourse de Commerce at London (called Royal Exchange), and paid 25,000 francs for it to a gentleman who I knew by sight, and who told me his name was B. Jackson, 15, Sloane Street, W. Must go back to the Court on Friday to produce my defence." "May 2. Depot. Called to the Greffe in order to hand over to me, after two hours' search and waiting, my bag and three notes of £5 each. Signed my statement that if Jackson did not demand the three titres de rente (certificate of French Rentes) 41/2 percent. (110), that I would not oppose the giving up of the said Rentes to the owner." "May 6th. Depot. Called this morning to the Surete before Mons. Oullier; told him I bought the bank-note at the Royal Exchange 10th or 11th February, and paid 25,000 francs for it to B. Jackson, 15, Sloane Street, W. The same man who had handed over to me the titles for Rentes, to ask the Minister of Finance at Paris for the sheets of coupons, but I did not undertake to do this unless I had time during my stay in Paris."
Cross-examined. I have looked through the diary—he seems to have kept an account of the different incidents that occurred during his stay in Paris down to his journey to Boulogne, and being in the train; most of it is about his imprisonment, and the details of his treatment—he gives his name, age, his father's and mother's name, where he was born, his residence in London, and so on—he gives particulars of their stripping and measuring him in France.
CELESTINE REUBENS . I am the wife of August Reubens, and I have lived with him at 15, Sloane Street, W., since 1889—it is a corset factory—since 1889 no one of the name of Jackson has been there—no lodgers are taken in at all—there is no other 15, Sloane Street but our house.
AUGUSTUS HAWKES . I am a solicitor practising and residing at Hertford—I have known the prisoner for several years—I believe that a few years ago he was manager and director of a distillery company in Dublin—I knew him also as a manufacturer of yeast—before the beginning of February this year I knew he was living at 68, Canton Street, Poplar—I have had letters from him at that address, which I have answered—I have never been there—that was his only address that I knew in February—he had no place of business in the City that I knew of—on Wednesday, 8th February, he came to see me at Hertford, and told me he had to go to Paris on the following Friday; I knew before that he was going—he said he had the opportunity of doing some business for a friend of his, by which he would get money enough to pay his expenses for going—he said his friend was holding some French Rentes which he could dispose of in Paris for him to advantage—he did not tell me the name of his friend; I told him I thought it was a matter for a banker or broker, that I had nothing to do with that kind of thing, and in the end I declined to do it—he wanted me to lend him money, about £550,1 think; I refused—on that day, or on Friday, he explained that they were Rentes of which the coupons had run out; and therefore, I understood, the bonds had to be exchanged for fresh bonds with coupons attached—I told him on the Wednesday I was coming to London on the Friday, and he met me on the Friday, and after further pressing me to do this I said he must come to my bankers and make the matter clear—we went to the London and County Bank and into the manager's room—I introduced him to the manager and told him that the prisoner proposed to take French Rentes and get them exchanged for new bonds—the manager said it was a simple matter of business, and the bank would do it for him if he pleased—he said as he was going to Paris himself he would be paid for doing it, and he would rather do it himself—I told the manager he had asked me to lend him £550 in order to take up these Rentes, and that on disposing of them in Paris he would pay the money into a bank to be named there by my bankers, and afterwards put to my credit in Lombard Street—that was to save the repayment—the manager wrote the name of the London and County Bank agent in Paris for him, and also said he would write to his Paris correspondent—I wrote out a cheque for £550, and cashed it for bank-notes, which I gave to him—he said I should have half of what he made—I don't know what he was to make, it was no large sum—I declined it, because I wished-to do it out of friendship, and I lent him the £550—he gave his signature to the bank manager to forward to Paris—he wrote out this receipt, and signed and handed it to me: "I acknowledge receipt from Mr. A. Hawkes of the sum of £550 for a negotiation in certificates of French Rentes, three per cent, francs, 500 of Rentes, and I undertake to pay back the said sum to Mr. Hawkes as soon as the Rentes are realised, within either five or eight days"—the next I heard of the prisoner was that he was in custody in Paris—I saw a notice of it in the paper a few days afterwards—I have never got my money back.
Cross-examined. I have known the prisoner for about eight or nine years—I think I have shown that he was a man in whom I had the utmost confidence—I believe he was a Frenchman—he had a secret or process for making yeast, no patent—I have seen him make the yeast; I
understood no more about it than that—I knew he was at Leixlip; the reason for the failure of his company there to work his system was stated to be entirely insufficient capital—he always seemed to me, as far as I could judge, to be a man of very plain habits—I had seen him very frequently before he went to Paris—I have heard of his going to Paris on other occasions—he was in communication with people who were going to give him very substantial support of many thousand pounds with a view to starting the same yeast-making business here—he and others told me of it—he applied to me after he came back from Ireland about the negotiation of a property for mortgage with which I was concerned, and I told him that when I was satisfied he had fairly the means of acquiring the property I would entertain the suggestion, and during our intercourse I made enquiries that satisfied me that he was so far advanced that I might entertain the matter—he was going to Paris with the object of completing the matter—he told me that he was going to Paris to see people to join in this enterprise; it was to be a private company, not a public matter at all—I could give well-known names of persons who were going to support the thing here—I understood he was going to make a small sum of money out of the transaction in Paris, whatever it was; he did not tell me the person's name, and I did not ask him.
Re-examined. The market for Rentes was rising at the time, and he could sell them better in Paris after they had been obtained—I don't know that he had any banking account of his own—I believe the Dublin yeast matter was wound up some years ago, but I know very little about it—the account at the London and County Bank is in the name of my firm, Spence and Co.
REAGIS GLEIZAL . I am employed by Messrs. Frederick Bertrand and Co., foreign bankers, 80, Cornhill—on 10th February I sold 7,000 francs worth of French bank-notes to the prisoner for £278 17s. 8d.—he paid me £300 in these six £50 notes, Nos. 51161, 51162, 51163, 51164, 51165 and 51166—the prisoner had written his name and address on the back of one—I gave him the change.
Cross-examined. I gave him ten centimes in the pound on the rate of exchange.
GEORGE HENRY CALDERWOOD . I was a clerk in the service of Charles Reinhardt and Co., money changers, at 14, Coventry Street, Haymarket—on 10th February, about five o'clock, these three £50 notes, numbers 51167, 51168, and 51169, were changed for French notes for 4,000 francs, and 12s. 9d. English money—I don't know who changed them.
WILLIAM SHARMAN . I am manager to Messrs. Gaze and Sons, the tourist agents, at Piccadilly Circus—on 10th February I received a £50 note, No. 51170, and gave in exchange for it 500 francs and £30 in English money.
GEORGE JAMES HACKER . I am a booking-clerk at the St. Paul's Station of the London, Chatham, and Dover Railway—on a day in February a £5 note, No. 10935, dated 16th December, 1892, was paid into the booking-office in respect of passenger traffic received on the 12th—the note would be taken on the 12th.
OTTO WARREN . I am a clerk in the London and County Bank, Oxford Street branch—Mr. Swartz, who has an account at our branch, got credit on 17th February for a £5 note, No. 10941, dated 16th December, 1892.
HENRY THOMAS SCHWARTZ . I am a licensed victualler, of 27, Foley Street, W.—I believe I gave change at the bar for the note which was paid into my account at the London and County Bank; I could not swear—I should pay in all notes and money at the end of the day, or next morning.
LUIGI AZARIO . I am proprietor of the Hotel de Florence, Rupert Street, Haymarket—in February I think I cashed over the counter this Bank of England note, No. 10943, which I passed into the London and Midland Bank, Shaftesbury Avenue.
RICHARD FISHER . I am a cashier at the London and County Bank, Lombard Street—Mr. Hawkes has an account at our Hertford branch in the name of Spence and Co.—I have a certified copy of the paying-in book—on 10th February, 1893, is an entry showing a payment on account of Spence and Co. of £550—that was paid according to the books in ten £50 notes, numbers 51161 to 51170, dated May 27th, 1892; and ten £5 notes, 10935 to 10944 inclusive, dated 16th December, 1892.
SARAH BOSWELL . I am a widow, living at 68, Canton Street, Poplar—I have known the prisoner over nine years, during which time he has lodged with me—there was an interval from 1888 to 1891, when he was in Dublin—he was with me up to the time of his going to Paris on 12th February—he paid me on an average sixteen shillings a week for his lodging and partial board; his room was six shillings a week; he had a bedroom, and took his meals with me—I had this note from him, and I changed it with Mr. Emery.
Cross-examined. The prisoner has always borne a very high character; he was hardworking and studious, and led a very frugal life—he went over to Paris at intervals to see friends, and I used to make up for him when he went a parcel of pepper to take to his friends.
ADAM MURRAY . I am chief clerk of the London branch of the Bank of Scotland, Lothbury—I heard of the robbery of the satchel on 16th February, 1891, with notes to the extent of £11,580—I had these bills printed and circulated at once, and the matter was advertised as well, and information was sent abroad—only one other of the £1,000 notes has been got possession of; it was covered, and we got the benefit of it.
Cross-examined. All the notes marked on this list in red ink have come in—all the £100 notes have come in; £500 and one £1,000 note are outstanding; the £5 and £10 notes have come in—a man in Genoa or Biarritz came in and tried to change a £1,000 note, but went away, leaving it behind.
CHARLES JOHN WILLIAMS . The last witness spoke correctly about the notes—none of the notes appear to have been circulated till June and July, 1892—the £1,000 note was given up in Genoa—the last note that came was a £500 note, on Monday or Tuesday this week—we have no right to refuse gold to a note, even though it has been stolen, and they are generally paid—the other notes paid on the account of Hawkes,
Spence and Co., have come in—if a person presented a stolen note directly at the Bank of England, we should make inquiries.
Cross-examined. I think the National Provincial Bank paid the £500 note into the Bank of England.
The Hector of Leixlip, in Ireland, deposed to the prisoner's good character.
GUILTY.—The JURY recommended him to mercy.
Nine Months' Hard Labour.
OLD COURT.—Thursday, July 27th, 1893.
Before Mr. Justice Wright.
MESSRS. BODKIN and BANCROFT Prosecuted; and MR. DRUMMOND
Defended, at the request of the COURT.
EDWARD OFFORD . I am a wire-worker, of 4, Gilbert Passage, Clare Market—the deceased, Emma Hill, was my sister—she was married to the prisoner ten or eleven years ago—they lived together, with me, at 4, Gilbert Passage—he was a porter at Covent Garden—on 24th June last I was with the deceased, about six in the afternoon, at the White Lion Public-house—the prisoner was there—she insulted him there by using bad language—she was under the influence of drink—I was with him from quarter-past two till quarter-past six—about six we went home, and went into my room—the prisoner asked her to get him a cup of tea—she turned round and said to him, "B—well wait," and went out of the room, to the room underneath—the prisoner remained in the room, looking out of the window, till about twenty minutes to seven—he then said, "Ted, it's no use my stopping here; I am going out of it"—he went down on the landing, and I heard my sister get hold of him—she would quarrel with him—they went downstaire—about ten minutes to seven someone came and gave me a message, and I went to the hospital and saw my sister there—the prisoner had been in the habit of carrying a long-bladed knife—I don't know whether it was a clasped one; I have seen it in my drawer.
Cross-examined. I saw my sister in Blackmore Street about ten minutes before I saw her in the White Lion, and I had seen her before that, in the afternoon—she had a very violent temper—they did not get on well together; she was rather given to drink—I have heard her abuse the prisoner scores and scores of times—he was a very quiet, sober man—a quieter man never breathed—he used not to abuse her—I know she has been locked up at Bow Street—I can't tell you what it was for—I have seen her strike the prisoner when she was drunk—it might be eight or nine times, and she used foul language to him—when he went downstairs I heard a wrangling—I could not say whether she struck him.
Re-examined. When she struck him he would return the blow—he had great occasion to do it.
THOMAS WILLIAMS . I am a plasterer's labourer, and live at 10, King's Place, High Street—on 24th June, about quarter to seven, I was walking along Portugal Street, near King's College Hospital—I noticed the prisoner and a woman together—the woman was in the roadway—the
prisoner was standing on the pathway—they were about four paces apart, walking along talking—I could not hear what they said—they were not talking sharp to one another—I did not hear any quarrel—I saw him lift up his right hand, take two paces in front, and stab her in the left side of her breast with a clasp knife—he had the knife up his sleeve all the time—he said, "Now I have done it, you b——cow, give me in charge"—the woman had nothing in her hand—I did not see her raise her hand at all before the blow was struck—I ran to the Law Courts for a constable—when I came back they had moved on fifty or sixty yards—when the constable came up the prisoner ran through the archway—I helped the woman to the hospital.
Cross-examined. They did not appear to be quarrelling when I first saw them—I was examined at the Police-court—I did not say there, "They were talking together rather cross, I thought; they appeared to be quarrelling"—that is wrong—what I said at the Police-court, I say now—they were facing one another when he struck the blow—his back was then towards me—they were both strangers to me.
JOHN THOMAS SPENCE . I live at Took's Court, Cursitor Street—I am a bootmaker—on 24th June, about a quarter to seven, I was in Portugal Street with my wife—I saw a man and woman there, walking along, having an altercation—she was abusing him, and using very filthy, disgusting language—he was abusing her in a similar manner, though not to the extent—she was putting herself in a fighting attitude, and fighting also; using her arms in a fighting manner, striking at him and hitting him—he was doing his best with his left hand to keep her off—his right hand was down towards his hip, beneath the flap of his coat—then he struck her in the chest, and she was down in the gutter; he was on the pavement—she screamed, "Oh, Jack!" I think, but I know she said, "Oh, oh!" and put her hand to her breast—he put his arms beneath hers, and walked across the road, as if to support her—I heard him say, "Now you have got it"—he went away towards Clare Market—I advised the women to take her to the hospital, but she said, "No, I don't want to go to the hospital, I will go upstairs"—she walked back to almost the same spot where the blow was struck, and then went back to her residence forty or fifty yards off, the women assisting her—just before the blow was struck they were in close contact, really fronting each other—I did not see the man take two or three steps forward before the blow was struck.
Cross-examined. I was about ten or twelve paces behind them—she was making blows at him almost from the time they came out of the archway—it was a continuous running fight—he was defending himself—he was more the aggrieved than the aggressor—I was about the same distance from him when I saw the knife in his right hand.
LEO BUNN (180 E). I was in Carey Street—the witness Williams came to me, and in consequence of what he said I immediately ran to Portugal Street, and there saw the prisoner and deceased in Gilbert Passage—on seeing me he ran away, and I followed, but lost sight of him—I next saw him in custody.
WILLIAM REYNOLDS (Sergeant, 67 K). On the morning of the 25th June, I went to 12, Andrew Street, Silvertown—I saw the prisoner there—he said his name was Jacob Hill—I said I should take him into custody for stabbing a woman the day before—he made a statement which
was taken down, read over, and he signed it (This was to the effect that he had been married thirteen years, and his life had been a perfect misery with her through her bad language and drunken violence; that on the evening in question she was abusing him; he had the knife in his hand paring his nails when site struck him, and in putting her arms down the knife entered her breast.)
GEORGE REYNOLDS RUSSELL , M. R. C. S. I am house surgeon at King's College Hospital—on 24th June, at seven p. m., the deceased was brought there, suffering from a stab wound on the left breast, extending to the middle of the chest, about two and a half inches deep, and about half an inch wide—it might be caused by an ordinary clasp knife—very considerable violence must have been used—the point of the weapon penetrated a bone and the heart itself; she lingered till about a quarter to ten next morning, and then died—the cause of death was perforation of the heart and hemorrhage into the pericardium, preventing the action of the heart.
The prisoner in his statement before the Magistrate detailed a series of misconduct and violence on the part of his wife, and repeated his assurance that the wound in question was caused in the way before stated.
He received an excellent character.
GUILTY of Manslaughter under great provocation. Recommended to mercy by the JURY .— Six Months' Hard Labour.
MR. SANDS Prosecuted, and MR. BIRON Defended, at the request of the COURT.
NOT GUILTY .—There was another indictment for an indecent assault on Ada Lydia Beeves, for which see Fourth Court, Friday.
FOURTH COURT.—Wednesday and Thursday, July 26th, and 27th, 1893.
Before Robert Malcolm Kerr, Esq.
MR. HUTTON Prosecuted and MR. ROOTH Defended.
GUILTY .— Six Months' Hard Labour.
MR. HUTTON Prosecuted and MR. WARBURTON Defended.
GUILTY .— Discharged on Recognizances.
MR. PASMORE Prosecuted.
NOT GUILTY .
JOHNSON PLEADED GUILTY .
MR. BIRON Prosecuted.
WILLIAM BROWNING . I am manager to Lee and Covell in the Meat Market—up to 12th July, Johnson had been in our employment for about a fortnight—on 12th July I missed two sheep, about twenty stone, and of the value of about £2 each, and on 13th July I missed another sheep about nine stone, and of the value of about £1 18s., which I subsequently saw in Nash's, a carrier's, cart—I made inquiries and gave Johnson into custody—Hubbard is not our customer; I don't know that I ever saw him before.
Cross-examined by Hubbard. I might have served you about a fortnight ago; I don't remember your face—the price was according to the market—we did not weigh these sheep ourselves; but we have been charged, and had to pay for them at that weight—we do not guess the weight.
BENJAMIN WILLSON . I am foreman to Mr. Nash, a carrier—on July 12th Johnson brought me a sheep, and asked if I went Stratford way—I said, "Yes," and got a piece of paper and wrote the address—I showed the sheep to Mr. Nash.
FREDERICK JOSEPH NASH . I am a carrier—on July 12th about 8. 30 I received a sheep—before that Johnson said, "Have you sent Hubbard's meat on?"—I said, "It is at the bottom of the cart"—he said, "Mr. Hubbard will pay down there"—next day he brought a sheep, and said, "Here is another sheep to go where you took those two yesterday; they did not pay yesterday; they will pay for the three to-day"—Browning and Newman came up—I sent the sheep in my cart, and Newman followed in a cab.
GEORGE KIRK . I am carman to Mr. Nash—on 12th July I took two sheep to Hubbard's shop at Stratford—I asked him if it was right—he asked what I had got—I said, "Two sheep"—he said, "Bring them in"—I took them in and hung them up—no invoice was given—next day I took another sheep down—he asked what I had got—I said, "One sheep," and hung it up—no questions were asked—I never have a signature for meat anywhere.
JOHN NEWMAN . I am inspector of the Central Meat Market—I saw the sheep delivered, and said, "Mr. Hubbard, you have just received that sheep"—he said, "I don't know where it came from, or who sent it"—I said, "The sheep is in your shop"—he examined it, and said, "I don't know where it came from"—I said, "You had two sheep delivered here yesterday"—he said, "No; that is a mistake; I had no sheep delivered here yesterday"—I said to the carman, "Go and fetch Mr. Kirk"—Hubbard then said, "I had two yesterday; I engaged a party to buy for me"—I said, "Who is that party?"—he said, "I do not know; he is a chap I met in the market"—I said, "Have you paid for those two sheep you had yesterday?"—he said, "Yes"—I said, "What did you pay?"—he said, "£2 2s. for the two sheep"—I said, "What was theweight of them?"—he said, "14 st. 2 lb."—I asked if he had any receipt to show—he said, "No"—I said, "Mr. Hubbard, who is this party who buys for you?"—he said, "He is a chap I know in the market"—I took him to Snow Hill Station, and he was charged with receiving the three sheep—he said to the Inspector, "I cannot give the address of the party who buys for me; I do not know where he is to be
found; I paid £2 2s. for the sheep, but I was going to pay 15s. more"—I found some papers on him.
Cross-examined. You said you paid £2 2s. at 6d. per lb., and you were going to pay the rest further on.
HUBERT GOTT . On July 12th I was working in the Central Meat Market—I saw the prisoner at nearly one o'clock—he asked me where bow-leg was—I said, "Bow-leg?"—he said, "Johnson; you don't know me"—I said, "Hardly, in that get-up"—he asked whether I was at Covell's—I said, "Yes."
BENJAMIN PAGE . About two years ago I was employed by Tidmarsh and Bagley at the Central Market—Johnson was employed there as a regular man, and I sometimes put Hubbard on a job on and off as odd man.
Hubbard, in his defence, stated that he received the sheep not knowing them to have been stolen, and paid the full value for them; that lie told Johnson, he was not going to market in the morning as his wife was ill, and asked him to buy him some mutton, and two sheep came next day; that Johnson wanted 4s. 4d. a stone for them, but he only gave him 4s., for which he made out a bill for £2 17s., and paid him £2 2s. on account; that another sheep came on the 13th, and then the Inspector came in and questioned him.
HUBBARD— NOT GUILTY .
—JOHNSON— Six Months'Hard Labour.
MR. BIRON Prosecuted, and MR. TTAVERS HUMPHREYS and MR. P. TAYLOR Defended.
WILLIAM FREDERICK GOSSAGE . I am a grocer, of 145, Lodge Road, Birmingham—on 12th March I saw an advertisement in a newspaper similar to this (Produced)—I replied to Binet, National Detective Agency, Wych Street, and received this letter signed "M. E. Godfrey." (This stated that in consequence of the great increase in their business they required men and women detectives, and that the fee for being placed on the staff was 108.6d.). I did not answer that—I saw another advertisement in April, and wrote and received this letter in reply: "Dear Sir,—We have an agent in Birmingham, but if you will forward your registration fee we will send you the certificate you want should a case come into your district.—G. J. BINET, Manager. I sent a postal order for 10s., 6d., but got no receipt, though I have written twice—this card was enclosed in the first letter; and here is another. (This stated: "Mrs. J. Gray, the celebrated lady detective, can be consulted")—I parted with the 10s. 6d. because I believed the representations in the letters.
Cross-examined. I have had experience of detective work, not in Birmingham—I know now that I wrote to him after the summons was. served on him—I did not part with my money because he put at the bottom of his advertisement "Ex-chief of Police," or because I believed he was doing business in London.
cember 6th. (Enclosing a form to be filled up and returned with the registration fee.)—I wrote and sent references, and then received this letter stating that it was necessary for me to be enrolled on the register, and signed, G. J. Binet, Manager—I came to London, went to the prisoner's office, and told him I had come in answer to his letter; he said he should be very happy to have me, and to certify the police that I was on the staff—I paid him 10s. 6d. on September 8th; I got nothing for my money.
Cross-examined. I was appointed for Gravesend; I cannot say whether any detective business was going on there—if a person asked me what I was I should say, "A private detective."
ANNABELLA JONES . I am the wife of Hubert Jones, a labourer; in September, 1892, we were living at Billinghurst, and saw an advertisement in a newspaper, to which we replied, and received this reply. (Stating that they winked to increase their staff; as before.)—I replied, requesting to be appointed one of the staff—it stated that it was necessary to send 10s. 6d., which I sent, and received this letter saying that I was enrolled, and enclosing this certificate—I never got any work to do from then till now—before I got that letter I wrote to them to know why I had not had any work, and on October 22nd I received this letter. (This stated: "We are sorry not to have sent you anything yet; we have not had a single case in your district")—after January I called and saw Binet; he said he gave his London work to the men at Scotland Yard—on March 2nd I received this letter. (This stated: "All letters requiring reply should contain envelopes.")
Cross-examined. I first thought that the prisoner had defrauded me when I found that he sent me no work—I was to be employed when work came in for him to give.
Re-examined. I believed then that in consequence of the great increase of work they wanted representatives; I do not now.
CHARLES JOHN JONES . I am a blacksmiths' striker, at Manchester—I saw an advertisement in the Manchester Evening Mercury at the beginning of this year, similar to this (produced), but not so full—I was to apply to Superintendent Jacman, of Grafton Place, Manchester; I wrote there, and got a reply from W. H. Jarman—I then wrote to the agency, 2, Wych Street, and received this letter: "Our business having greatly increased in all parts of the United Kingdom, we are appointing representatives in every locality," etc.—I applied to be enrolled on the staff, and sent 10s. 6d., but did not get any work.
Cross-examined. I have had no experience as a private detective—being in Leicester, I expected to have Leicester work, and I expected if there was any work, he would send me somewhere else.
ALFRED HARVEY . I live at 23, Roman Street, Leicester, and am agent for selling sewing machines—I saw an advertisement of the National Detective Agency to apply to Mr. Jameson—I wrote to Wych Street and got this form and sent 10s. 6d., and received a certificate authorising me to act as a private detective—I got no answer.
WILLIAM HENRY JARMAN . I live at 2, Grafton Place, Leicester, and am a boot clicker—I saw an advertisement of the National Detective Agency—I wrote and received a statement that the business was increasing, and asking for 10s. 6d.—I came to London in January, and
called at the prisoner's office—he arranged for me to go back and get two or three young men, and I was to be superintendent—I went back and wrote to the office—I was to advertise first for members of the staff, and afterwards for the business, but had a telegram from Binet on the third day to stop the advertisement, and offering 2s. 6d. for every man I got to join; I was to see them personally—I spent money in advertising and other things, and I had to pay the young man who wrote the letters—I applied for him, and got 10s. out of 22s. 6d.—I never had any business as a detective.
Cross-examined. I do not charge the prisoner with defrauding me—Binet did not send me to Leicester—I developed the business myself—I instructed someone to write this letter (Produced)—I wanted to send Binet some of my work, but I never did so—I filled in the outline of this letter of April 29th—the Imperial Agency was my office, as distinguished from the National—it occurred to me that Binet was defrauding me, but I never complained of his doing so—I did not know that he had been employed at Moser's Agency more than a year—Moser's are respectable people, I should look up to them—I made an inquiry about his being the ex-chief of police.
Re-examined. The Imperial was shut up in April—it went on about three months.
JAMES PERKINS BARKER . I live at 35, Belgrave Gate, Leicester, and am of no occupation—I saw an advertisement last June similar to this—I answered it, and received a letter saying that owing to the increase of business they wanted more hands, land suggesting that I should send 10s. for registration, which I did, and enclosed this parchment—I never got anything to do—I afterwards saw another advertisement, purporting to be put in by Jarman—I wrote, and on December 9th I received this letter. (This was signed by Binet)—I never got any work—this letter says: "Dear Sir,—I had really overlooked the affair; you can do so, and we will allow you 2s. 6d. per head"—"You can do so" means" get agents."
HONORIA RIDDINGTON . I have been housekeeper at New Inn Chambers, Wych Street, nearly nine years—in 1890 the prisoner came to chambers 27 and 28—Mr. Rose Peacock's name was on the door as an inquiry agent—he left in December, but Binet remained up to this time—the rent was £26 a year—"Chief Inspector Lieutenant Godfrey" afterwards appeared on the door—Mrs. Atkinson, a celebrated lady detective, was there, but I never saw her after the summonses were served—Mrs. Bloxedge was there, and the prisoner called her Mrs. Atkinson—on May 3rd the prisoner left, locking up the office, and putting up a notice, "Return at 9. 15"—on May 4th a woman called, and took away any letters which had come by post—the books and papers had gone from the office—while Mr. Binet was there there were a great many letters—he took in letters for all sorts of people—there was a box with "Electric" on it, and letters came addressed to "Electric"—I think these letters are in the prisoner's writing—Godfrey was there from July to October—I did not know he was going in October—no one succeeded him when he went.
Cross-examined. Mr. Peacock came early in 1890, and slept there—several people came to see him—I cannot say whether he employed clerks to write for him—Mr. Binet came as manager for the business—I do not
know whether he had two lady clerks, but two ladies came every day and stayed several hours—I did not see many ledgers or account-books about—I never had anything to complain of Mr. Binet.
BENJAMIN PRESCOTT ROWE . I am a partner in the firm of George Beaching and Company, stationers, Strand—we printed six hundred and forty of these parchments by Binet's directions, and delivered them to him—this sixpenny stamp was affixed afterwards, not by us—live hundred more were ordered, but not delivered.
HENRY MARSHALL (Police Inspector). On April 27th I received from the Police-court summonses against the prisoner and two other persons for fraud—on April 29th I went to New Inn Chambers and saw the prisoner—we had met before, and I said, "How do you do, Mr. Binet. I have come to serve summonses on you for fraud and conspiracy—they have been issued at the instance of Mrs. Annabella Jones, from whom you obtained 10s. 6d.—he said, "This is all Mr. Labouchere's showing me up in Truth"—I said "I have some for your chief inspector, Mr. Godfrey; is he here?"—he said, "No; I think he is in South Africa"—I said, "I have a summons for Mrs. Gray, the celebrated lady detective; where is she?"—he said, "She is in some gentleman's service as housemaid in the name of Thompson"—I said, "If I cannot find them I shall leave the summonses with you"—I explained that it was necessary for him to appear—I said, "We have had complaints at Scotland Yard of your defrauding and attempting to defraud people who have called there"—he said he never intended to defraud anyone—I said I knew he had been shown up in Truth, and I knew Mr. Newnes had exposed him in Tit Bits—the summonses were returnable on May 4th—he did not appear, or either of the others, and this warrant was granted—I found he had gone—we followed up various clues, and Serjeant Barton captured him—I have never been able to find Mrs. Gray—after Binet was arrested Godfrey surrendered to me by the advice of his solicitor, Mr. Wontner—he was discharged by the Magistrate, as it was proved that he was simply a clerk—on the last remand but one I received some account-books from the prisoner, who was acting for someone; he had been served with a subpoena to produce them; they are here—one is a letter-book; the first letter in it is dated October, 1890, but I find some letters in it before 1890—here are three letter-books and a case-book which contain cases which are numbered, and also expenses; it is a kind of diary—the last entry in it is May 5th, 1892—there is no book showing any traces of detective work or cases investigated prior to May, 1893—I find in the letter-book a letter in Binet's writing to Mr. Blandfield, of February 5th, 1892—I have heard of the National Detective Office for two years—I find in the prisoner's first letter-book marked A, at page 678, a letter dated August 31st, 1891, suggesting that he should be an agent for some butter company at Jersey; and at page 741 I find that he was proposing to let the office on December 12th, 1891; and by book B, page 673, I find that he was still arranging to let the office—at page 745 of book A, he writes about an agent for London toddy—at page 747 he is endeavouring to get occupation as a house agent—and at page 78, of book A, I find him trying to get a clerkship in Jersey, and afterwards an agency—at page 825 he is writing to a friend at Sheffield, endeavouring to get customers for the sale
of bird-traps—at page 834 he writes, on April 12th, 1892, to a man who asked for employment, saying that he was not increasing his staff, and has nothing for him to do—it appears that he was first giving instructions for advertisements to be put in the papers about detectives at the end of 1891—on May 2nd, 1892, a letter appears referring to advertisements respecting his business; and there is another on May 5th—the entries in the case-book end on December 3rd, 1891—when I arrested him I found on him an application for an omnibus conductor's license in the name of Marshall—nine hundred and ninety-one letters have been delivered at New Inn Chambers since I arrested the prisoner—many of them were from newspaper proprietors asking for their accounts for advertisements; some letters had 10s., 10s. 6d., or 15s. in them, and one had a stamped envelope—a great number of them were from Scotland and Ireland—Binet has no connection with the Metropolitan Police—the word "Private "was on the other door—the word "Electric" was there some time ago, and the name of Godfrey appears.
Cross-examined. Godfrey surrendered—I heard that he was a Lieutenant in the Jersey Militia—he said he knew Binet some years ago, and afterwards he met him in London, and became his clerk—I believe Mrs. Gray and Mrs. Atkinson to be the same—I do not know whether Mrs. Atkinson was a regular clerk, or whether she wrote some of the letters—I think Godfrey pointed to one of the letters, and said that it was written by Mrs. Atkinson—he said that he knew her as Gray—I never heard that she had any detective experiences—the Mayor of Jersey has sent a wire to say that he cannot be here till Monday morning—I think it is very likely that during the absence of the Mayor the prisoner acted as chief of the police in 1888 and 1889—the Mayor is chief of the police—I got these books from Mr. Kent, a solicitor, who was acting for a Mrs. Masters, who Binet was living with—he is not acting in this case—the case-book here ends July 24th, 1891—that is Binet's writing—it begins in October, 1890, and goes on to April, 1893—the case-book goes up to December 3rd, 1891—the journal begins September 20th, 1890, and the last entry is March 11th, 1893—it does not look as if the others were the rough books which were copied into this—each case is numbered—this ledger begins in October, 1890, and terminates on November 24th, 1892—not more than half-a-dozen of the 991 letters had postal orders in them; the others were asking the terms of the employment—I have made inquiries as to the prisoner's employment before and after he went into the Jersey police—after he left there he was in Mr. Moser's Detective Agency for a short time—I do not know when he left—he was a coal merchant and corn dealer some years.
Re-examined. I only know what Mr. Moser told me about his eaving—the Mayor of Jersey is, ex-officio, chief of police—he had no connection with the police in any other sense—one of these letters contains an application for enrolment, and there are 100 odd complaining of being defrauded out of half a guinea—the journal appears to be in the same writing from December, 1890, with the same pen and the same ink—it is done in regular form, and all in Binet's writing—this book was never given up to me; I was never able to find it—Mr. Kent did not give it up when he gave up the other books under subpoena, nor this case-book—the
prisoner has not been out on bail—he was arrested on May 18th, and he absconded on the 3rd—the books were got away on the night of the 3rd.
FRANK BARTON (Policeman E). I took the prisoner on a warrant on May 18th in Victoria Street—I touched him on his shoulder, and said, "Mr. Binet, I want a word with you"—he said, "I know what you want"—I said, "Will you go quietly with me to Bow Street?"—he said, "Yes, have simply been to a solicitor to get a character as conductor, for a license; I have not a halfpenny in the world, or I should not be here."
Witnesses for the Defence.
HUMBERT JOSEPH COLLINS . I am one of the firm of Collins and Collins, of South Audley Street; we are agents for this house in Wych Street—he always paid his rent, but there was one quarter due on March 25th—I employed him once to make inquiries, but he did not succeed—I went to the office on several occasions; there was business going on, tables, chairs, and books—I found him a respectable tenant—I had a very satisfactory reference with him.
Cross-examined. I distrained on the furniture after he was arrested; it realised £4 or £5 gross; the net was about £2 15s.—the bailiff was in five or six days—I had applied for the rent in April—this letter offering £2 for the furniture, refers to some furniture before Peacock's time; probably this was part of it—the date of the account was December, 1892—I paid him 10s. 6d. for it, which he deducted out of the rent—I agreed to pay him a guinea if he found the address, and half a guinea if he did not.
HERBERT EDWARD WRIGHT . I am a pawnbroker, of 23, Jamaica Street, Stepney—in November, 1890, and January, 1891, I required some inquiries to be made—the business was carried out satisfactorily at Wych Street—the account was just upon £20—I was satisfied with the way he carried on the business.
Cross-examined.—Mr. Peacock used to come to my place for instructions—it was not done in my name, but the correspondence was all sent to me—the only name I knew was "The National Detective Agency."
EDWARD SCOTT . I am a solicitor, of 16, King William Street, City—On August 11th, 1891, I employed the National Detective Agency in the matter of Watson, and again in September or November, 1891, in connection with an attempt to find a defendant to an action, and serve him with a writ—the name of the party was Repton—the third time was on January 14th, 1892, when I saw the prisoner personally—that order was countermanded the same day—I was satisfied with the way the work was done.
Cross-examined. I did not see Peacock in connection with the last matter—I did with the other two—he was the person who carried it out.
FREDERICK WILLIAM BROOK . I am a clerk to Mr. Woollett, a solicitor, formerly Woollett and Lovegrove—on April 30th this year I employed the National Detective Agency in a matter which was still going on—when the prisoner was arrested an account was rendered; it is not paid.
Cross-examined. I am sure I received it, but cannot give you the date exactly—it was "To keep observation on the movements of—with a view to divorce"—I had employed the agency before that, but did not see the prisoner personally—that is the only thing I had to do with him.
Re-examined. I do not know whether Mr. Woollett asked for the account before we got it; I did not.
WILLIAM HENRY YATES . I am in the employ of Spires and Co., of 108, Leadenhall Street—before that I was employed at Moser's Detective Agency—the prisoner came there while I was there, and was there about eighteen months—he employed me twice for making inquiries, and paid me.
Cross-examined. I have an entry in my diary of the first occasion he employed me, December 12th, 14th, 15th, and 16th, 1891—I entered the name of Mr. Binet—I was paid at the office—I know Mr. Peacock very well.
HARRIETT THELLABY . I am the wife of James Thellaby, of 54, Charlotte Street—in July, 1891, I employed the National Detective Agency, and again in July, 1892; I cannot say exactly—I was perfectly satisfied with the way the work was done, and the charges were more reasonable than I expected.
Cross-examined. The business commenced about April, 1891—I went to the office myself—I do not know who I saw—Mr. Peacock's name was not on the door—it was "Detective Agency"—I saw the prisoner and another gentleman before that—it was exactly the same business that I went on a year after.
H. MARSHALL (Re-examined). Only those books which I produce myself were at the Police-court—I never saw or heard of the others—the casebook was produced, and I produce it to-day—I did not see this other casebook and journal—I did not see Mr. Crawshaw with them in his hands discussing whether he could use them as evidence.
F. W. BROOK (Re-examined). I saw this case-book in Court, and there was a discussion, and Sir John Bridge would not allow it to be put in.
By MR. AVORY. This book was offered to the Magistrate—it was not put in in such a way that the prosecution had access to it—there was some difficulty.
GUILTY .— Twelve Months Hard Labour.
MR. A. GILL Prosecuted and MR. GEOGHEGAN Defended.
GUILTY of an indecent assault. — Nine Months Hard Labour each.
FOURTH COURT.—Friday, July 28th, 1893.
Before Robert Malcolm Kerr, Esq.
682. M. TATTERSALL, alias ARTHUR FRANCIS BARE , While agent to Joseph Guedalla, being entrusted by Thomas Pocklington with a sum of money, with directions in writing, did, contrary to the terms of the direction and in violation of good faith, convert the money to his own use.
MR. GRAIN Prosecuted, and MR. FILLAN and MR. R. WALLACE Defended.
ARTHUR BOCKETT . I am managing clerk in the conveyancing department of Messrs. Kaye and Guedalla, 21, Essex Street, Strand—I had the general conduct of the sale of some land at Surbiton; Mr. Hunt had the legal estate, and Mr. Guedalla had an interest in the matter—the prisoner
several times from 1889 to last year put that land up for sale; I can give the remuneration he received for that—I had several interviews with him prior to 27th October last, and after an arrangement between him and Mr. Guedalla the land was advertised for sale on 27th October—I told the prisoner I understood it had been arranged that he was to put up the land again for sale—he was to extensively advertise it, and if it was not sold he was to have £25 to cover all disbursements, and if it was sold he was to have 21/2 per cent, commission on the purchase-money—that was repeating to the prisoner what Mr. Guedalla had told me—this cheque of October 7th for £15 was given to the prisoner, and this is his receipt, dated October 8th, for £15 on account—just prior to 27th October we received a telegram, and the next morning we received this letter confirming the telegram. (This letter stated that he had disposed of the Surbiton land for £1,650 to Mr. Pocklington, and was signed, "M. Tattersall and Co.")—this is Mr. Pocklington's signature to the conditions of sale, and this is a document signed by the prisoner acknowledging the receipt of £165 by him as agent for the vendor—afterwards Mr. Pocklington took legal proceedings to set aside the contract—on 15th May, 1893, I took these two documents, or copies, and presented them to the prisoner—one is an authority signed by Mr. Hunt, addressed to the prisoner, and dated 8th March, 1893, authorising the prisoner to pay to Messrs. Kaye and Guedalla the £165 received by him on the alleged contract of October 26th, for the Surbiton land; and the other is practically in the same terms, signed by Mr. Pocklington, who states he has no claim to the £165—I told the prisoner I now had to ask him to hand over to us the deposit of £165, in accordance with those authorities—he said, "But there are my charges"—I told him it was in consequence of his negligence that the contract was not a valid one, and in my opinion he was not entitled to any charges whatever; and I told him that from inquiries I had made I had reason to believe that he had not got the deposit money intact—he admitted that he had not, and he asked me if he brought £20 or £30, would Mr. Guedalla take that?—I believe he said he had had some trouble, his wife had been ill—I said, "No," he had better bring up the whole £165, and then, if his allegations were true that he had some charges, Mr. Guedalla would no doubt consider them—he did not bring or send the £165—after the interview a letter was written to him on 11th May embodying very much what I have said—the letter was addressed to 149, Hammersmith Road, where I had seen him—he had changed his office to there from Twickenham, I believe—I did not see him after that.
Cross-examined. The arrangement the prisoner made was with Mr. Guedalla personally—Mr. Guedalla has been in the doctor's hands for the last eighteen months, and I think his state of health would not permit him to come here; I have had conduct of the case all through—the £25, if the prisoner did not sell, was not for his trouble merely, and he was not to receive beyond that, whatever he had expended; he was to pay for advertising out of the £25—the £15 he received was on account generally of the £25; he put it in his letter as received on account of advertisements—we wrote to him about a key plan; that would be expensive if prepared, but, as a matter of fact, I gave the prisoner an old plan with particulars and conditions of sale of this property that had been prepared previously, and this plan is a copy of that—it
would be some expense to make a new plan; it was to come out of the £25—Mr. Guedalla told me we were to put £1,650 as the reserve price, but that any offers the prisoner got he was to submit to us—he arranged the sale with Pocklington no doubt—we gave him authority to sell by auction—he wrote and said he had sold it by private contract, because he thought there would be no bid next day if he set it up by auction—my experience is that the commission of an estate agent, who sells by private contract, is not 5 per cent.—I should say 21/2 per cent, was a very fair figure—he arranged 21/2 per cent, at previous sales, and writes it as being the usual commission—Pocklington afterwards objected to complete the sale, first on the ground that there was a misrepresentation, and so far as that was concerned, we insisted up to the time of the action being brought that he ought to complete—when he wrote a second letter, we thought he was not bound to do so—he brought an action against Hunt and Tattersall, and wrote for the return of the £165, the amount paid as deposit—before they went under Order 14 my idea is that the prisoner put in a defence so that he might not make an affidavit—Pocklington applied for judgment under Order 14, but the prisoner put in a defence before-hand—we, for Hunt, took out a summons that the prisoner should bring £165 into Court—the Master would not make the order—subsequently Pocklington gave notice of discontinuing his action—when we asked the prisoner for the £165, he said he had charges against us in respect of it—our view was we would not discuss that matter till he had paid us the £165—the answer to that was this letter from Mr. Sismey. (This took exception to the tone of Kay and Guedalla's letter, and stated that the prisoner having earned his commission did not feel inclined to hand over the deposit till he had been satisfied)—afterwards we went to the Police-court and made a criminal charge against him.
THOMAS POCKLINGTON . I was the purchaser of this property at Surbiton—I handed over this cheque, dated October 26th, for £165 to the prisoner; it is, "Pay M. Tattersall and Co., or order"—it was paid by my bankers in due course—I afterwards gave Mr. Guedalla authority to receive the £165—I have never received a penny of it.
Cross-examined. I brought an action against Hunt, the owner, and the prisoner—after some litigation I surrendered my claim to the £165 on their paying my lawyer's costs—the lawyers were the only people who got anything out of the transaction—I gave the £165 to the vendor.
Re-examined. Mr. Hunt had the legal estate, and I gave him authority to hand over the money as he pleased, and he authorised the money to be paid to Guedalla—the day after I bought I said to the prisoner that I would take £50 less for the land than I gave for it, because he had misrepresented it to me.
PERCY ST. GEORGE JUDD . I am a clerk at the London Provincial Bank, Twickenham Branch, where the prisoner had an account—I have examined this copy of his account with the original books in the possession of, and being used at the time by, the bank—on 30th September, 1892, the prisoner had a balance of 1s. 4d. credit—the next payment in was a cheque for £15 on October 10th—that was practically drawn out within the next two or three days by small amounts—there was then a payment in of £2—on the 27th October there was a payment in of £165 by Mr
Pocklington's cheque—the prisoner then took out a fresh blank cheque book—the account was closed on 30th March, 1893—beyond this £165 nothing had been paid in beyond two or three small items of £1 and £5—on 30th March, 1893, his balance was 2s. 6d., and then the bank closed the account, for reasons which I can give.
WALTER EAST (Detective Sergeant J). I executed the warrant in this case on 6th June, in the Hammersmith Road—I said to the prisoner, "I hold a warrant for your arrest"—he said, "A warrant! what for?"—I read it to him—he said, "I am innocent of this charge; my solicitor will be able to explain everything; that warrant was granted on a pack of lies"—I took him to the station, where he was charged.
MR. FILLAN contended that there was no case to go to the JURY, as the prisoner was not an agent within the meaning of the Act under which he was indicted. The agency referred to in that Act was a general, and not an isolated one; and, moreover, it had been held that an auctioneer was not an agent, but a stakeholder; a second objection was that no direction in writing had been given to the prisoner. (Q. v. Portugal, 16 Q. B. D., p. 487; Ellis v. Goulton, 1893, 1 Q. B. D., 350; Q. v. Tatloch, 2 Q. B. D.) After hearing MR. GRAIN, MR. COMMISSIONER KERR ruled that upon the authority of Q. v. Brownlow (14 Cox C. C.) he must direct the JURY to acquit the prisoner.
NOT GUILTY .
MR. SANDS Prosecuted.
GUILTY of indecent assault. — Twelve Months Hard Labour.
MR. SANDS Prosecuted.
GUILTY .— Five Years' Penal Servitude.
MR. SANDS Prosecuted, and MR. BIRON Defended.
GUILTY .— Three Months Hard Labour.
OLD COURT.—Saturday, July 29th, 1893.
Before Mr. Justice Wright.
MR. SANDS Prosecuted.
NOT GUILTY .
NOT GUILTY .
MR. SANDS Prosecuted, and MR. GEOGHEGAN Defended William and George Fassnidge.
NOT GUILTY .
Before Mr. Common Serjeant.
MESSRS. WARBURTON and SANDS Prosecuted.
WILLIAM REGINALD KENNEDY . I am second mate of the Bradlock, now in the Victoria Docks—the prisoner was an able seaman on board—on 11th March we were on the high seas; the ship did not enter port between then and 26th June—between 4 and 4. 30 a. m. on 11th March, I was below—I was awakened by a noise on deck, and went up—there was a noise forward, and I went into the port forecastle, where I found the mate Kiddy—I had been inside about four minutes when the prisoner came to he door and told me one was enough inside—that was with reference to other men being ordered in there—I stepped outside, and the prisoner, to whom I had given no provocation, struck at and closed with me—a scuffle took place inside, and in the scuffle he used his knife—I did not see his knife in his hand, it was dark—the chief officer, who had heard the scuffle and come up, was near me—the prisoner struck me with the knife on the right shoulder and left arm, giving me three wounds and a scratch, four wounds altogether—one was serious—this is the knife—it was taken from him—it is a sheath knife—the wound on my right shoulder was three and a half or four inches long—it was a month before it healed—the one on the forearm was about an inch—the prisoner was called aft, put in irons, and kept in them for some time—the wounds were dressed by the captain—we were in the Bay of Bengal at the time—after a time the prisoner was let out, and on reaching Victoria Docks he was taken into custody—the captain said, "You have stabbed Kennedy, he is in danger of his life"—the prisoner said, "He struck me first"—I did not strike him first—after the prisoner was released from irons he was kept a prisoner and not allowed to come on deck.
Cross-examined. I did not ask you why you did not work on the port forecastle—I did not hit you.
DAVID KIDDY . I am first mate on the Bradlock—on 11th March, at 4. 30 a. m., I was on the port side of the forecastle with Simpson, and when I came to the forecastle I saw Kennedy on the port side of the deck bleeding—the prisoner was there on the starboard side—when he saw me he ran into the starboard forecastle—the captain came forward, and a complaint was made—by the captain's directions I put the prisoner in irons—I noticed blood on the left arm of his singlet—afterwards I went to the prisoner's bunk and took possession of things, among them this knife, which was in his bunk—there was no mark on it—it was clean wiped—he ran into the forecastle, where his bunk is, after the blow was struck.
Cross-examined. I did not threaten you with the hatch bar.
ROBERT NORTON ANDREW . I am captain of the Bradlock—on 11th March we were in the Bay of Bengal, and about 4. 30 my attention was attracted, and I went forward—I saw the prisoner at daylight on the morning after, when I mustered all the crew—the prisoner was then in the starboard forecastle; it was supposed to be his watch below—complaint
had been made to me—I accused him of having stabbed the second officer in four places—the prisoner did not deny it, but said the officer struck him first—I had him put in irons.
Cross-examined. I cannot say how long I kept you on bread and water—you were let out every morning at nine o'clock; I cannot swear to a minute, as we were at sea—you were kept in irons all night and out of them all day—you had irons round your wrists, and you were placed in a small room by yourself.
By the COURT. I had a crew of thirty-two, one half on and the other half off duty; the prisoner being in custody I was a man short—I could not have spared a man to watch him, and for that reason put him in irons for certain hours in the day—there was no feeling against the prisoner; I never had any trouble on board with him previously to this—he had only been with us a month—I shipped him at Calcutta—he was a moderately good seaman.
HENRY COOPER (Detective, Sergeant). On 26th June I boarded the Bradlock at the Victoria Docks, and the prisoner was given into custody by Kennedy for stabbing him on the high seas—I told the prisoner he would be charged with stabbing the second mate on the high seas on 11th March, 1893—he replied, "I did not do it"—he was taken to the station and charged, and in reply he said, "I did not stab the second mate at all; I had no knife on me at the time."
The prisoner in his defence said: "I never done it. It is very hard I should be punished, and punished aboard the ship. I never wounded him, or never did it, or never intended to do it."
W. R. KENNEDY (Re-examined by the JURY). The prisoner was quite sober when he struck me—all the other men of the watch were inside—the mate and Simpson (whom the mate was trying to get on deck) were inside the port forecastle—no one else actually saw the assault besides myself—I have not kept men back from giving evidence—they were all discharged when we got to London—there is no chance of Simpson having wounded me; he was with the mate in the port forecastle—it was the prisoner's watch below at the time, and he had no right on deck.
GUILTY of unlawfully wounding.— Six Weeks'Hard Labour.
Before Robert Malcolm Kerr, Esq.
MR. A. GILL Prosecuted and MR. BURNIE Defended.
ELIZABETH ANN PALMER . I am a widow, of 39, Raynor Terrace, Leyton—in the first week in February the prisoner came to my shop as a traveller and I bought some things of him; and on March 17th he proposed marriage to me, saying that he was a bachelor—I believed him—I showed him some coins, and told him I was very hard up for money—he said if I would let him take them to London he would find a customer for them—I valued them at ten shillings—I let him take them away—I also gave him a tobacco-jar, value 5s. 6d., to sell for me, and have not,
seen it again, or had the money for it or the coins—I lent him four shillings, because he said he had to go to London in a hurry, and he would give it me back next day—I gave him a cigar-case and a Malacca cane because I was engaged to him, and I lent him fourpence to go to London, because he said he had lost his portmanteau with £72 in it.
Cross-examined. I did not quite believe about the £72—at the time I gave him the fourpence I did not believe he was going to marry me—there were about sixty copper coins and two silver ones, a halfpenny, farthing, and a brass token of George I.—there were some very old copper coins of different reigns, and a Victoria live-shilling piece.
Cross-examined. I trusted him because I had engaged to marry him—the value of the Malacca cane was six shillings.
JOHN CHORLEY . I am a police pensioner, and* live at 2, Francis Cottages, Leyton—I know the prisoner—I got this certificate from Somerset House—it certifies a marriage between George Moore, bachelor, and Mary Ann Tucker on December 15th, 1867—I knew her as the prisoner's wife, and I have known him since 1882—I made inquiries at the station about a portmanteau being lost.
Cross-examined. I was not present at the marriage.
GEORGE Cox (Detective Sergeant). On 31st May I saw the prisoner, and said I should arrest him for larceny as a bailee—he said, "She gave me the coins in part payment for ten shillings she owed me."
E. A. PALMER (Re-examined). At the Police-court the prisoner asked to be bailed because he had a delicate wife at home depending upon him for support.
The prisoner received a good character.
GUILTY .— Three Months'Hard Labour.
Before Mr. Justice Wright.
MR. BURNIE Prosecuted, and MR. WARBURTON Defended, at the request of the COURT.
GUILTY .— Ten Years Penal Servitude.
Before Robert Malcolm Kerr, Esq.
MR. WILKINSON Prosecuted.
ALICE SEAGER . I am the wife of Frederick Seager, who keeps the Village Blacksmith public-house, High Street, Woolwich—on June 21st the prisoner came in with a sergeant of the Borderers—I served him with some ale, and he gave me this Jubilee sixpence, gilt—I put it on a shelf alone and gave him the change—I looked at it again and put it to my teeth—I saw it was a gilt coin, and took it to my husband—I then went with a constable to the King's Arms, found the prisoner there, and showed him the coin—he said he did not know what I meant, and then said, "Mistress, will you take the money back, as you will get me into serious trouble?"—I did not take it back—when he gave it me he took it from his right-hand pocket inside his jacket, which he unfastened—I did not see any other coin, but I heard a rattling.
Cross-examined by the prisoner. I do not think you intended to defraud me, but I gave you in charge because then I had spoken to the policeman—I could not recall it.
RICHARD NORTON (Policeman). On the night of June 21st I went with Mrs. Seager to the King's Arms and found the prisoner—I asked him what he meant by changing this coin for a half-sovereign—he said he took it in change at the Queen's Arms public-house half-an-hour previously—I asked him to turn his pockets out, and found 9s. 6d. in silver and 61/2d. in bronze in his trousers' pocket—on the way to the station he said, "It is a bad job, it will put ten years on me," and wanted the prosecutor to take the coin back, but he refused.
MARY ANN BEAVER . I keep the Queen's Arms, Woolwich, about twenty minutes' walk from High Street—on 21st June I was serving in the bar from 7 to 8. 30, and from 9 to 12. 30—I do not remember seeing the prisoner there at all, or changing a sovereign, but there was one changed, I do not know at what hour—my barmaid is not here.
Prisoner's defence. I got it in Woolwich in change for a sovereign, which my father gave me. I did not know it was bad.
Witnesses for the Defence.
MR. VANSTAN. I am the prisoner's father—I gave him a sovereign on June 20th.
MR. JONES. On 21st June, about nine o'clock, I saw the prisoner in the Abercrombie Arms—he asked for a strong cup, and they filled the glass three times—he paid for the drink, and I saw him with a half-sovereign and some shillings.
The prisoner received a good diameter.
NOT GUILTY .
Before Mr. Common Serjeant.
MR. TORR Prosecuted.
HENRY RUTHERFORD (Detective R). On 20th June, between half-past nine and ten a. m., I saw the prisoner in Green End, Woolwich, about ten minutes' walk from the Royal Artillery Barracks—he was carrying this
clock wrapped up underneath his coat—I said, "What have you got under your coat?"—he said, "A clock; I picked it up on the common at one this morning"—I took him to the station and made inquiries, and found that Mr. Symon's place had been broken into that night—the prisoner was charged at the station, and he said, "I picked it up on the common at one o'clock this morning"—these spurs were on the boots found at the "back of a lodging-house in Rope Yard Rails—he gave me his address at a common lodging-house—I made inquiry there; he had not been at home all night.
WALTER SYMON . I am a lieutenant in the Royal Artillery, quartered at Woolwich Barracks—I occupy a room on the ground floor—on 20th June I went to bed at 12. 30—I shut my door; it was not locked; anyone could walk in by turning the handle—I heard nothing in the night—early next morning my servant came, and I missed these articles, which had been safe when I went to bed.
Prisoners Defence. I found, the things; I never committed the robbery.
GUILTY of receiving. — Six Months'Hard Labour.
Before Mr. Justice Wright.
MESSRS. C. F. GILL and HORACE AVORY Prosecuted, and MESSRS.
HUTTON and T. BOSTON BRUCE Defended.
ANTONIO DONATO (Interpreted). I am a sailor on board an Italian ship, the Unioni—she arrived in London on the 17th June last—the prisoner was one of the crew—on Saturday, 24th June, the crew finished work about six in the evening—the prisoner and I went ashore about eight—he was wearing clothes similar to mine, but lighter, of the same pattern, like this waistcoat (Produced)—the suit was all through alike—he also had on a flannel shirt, orange colour, with flowers in the front—I took some money with me, and he had some money; I don't know how much—we first went to a public-house—after leaving that we met a woman—I don't know her name. (Caroline McCarthy was called in)—that is the woman—she was alone—we joined another woman soon after, Rose Evans—we all four went to another public-house—I don't know the name of it—I afterwards, pointed it out to the interpreter—we had drink there—neither the prisoner or I can speak English—we only said we were going to speak to the women—we arranged to go and sleep with them—I made the arrangement with Rose Evans—we all four then went to another public-house; I don't know the name of it—I have pointed it out to the interpreter—we stayed there a few minutes—I then went away with Rose Evans—it was then about a quarter or twenty minutes past eleven—I left the prisoner outside the public-house with McCarthy—he said nothing to me before I left him—I returned to the ship about nine next morning—the prisoner was not then on board—I did not see him again till the 5th July
at the Court—he had a box on board in which he kept his clothes—that was left on board—when I saw him again there was a difference in his appearance, his moustache was smaller, and it was smaller then than now; it was a little smaller than mine, when he went ashore that night it was full grown—I have seen him shave on board—he had a razor of his own for the purpose—he kept it in his box—I had last seen him using it on the previous Sunday, the 18th—McCarthy came on board the ship on the 26th, and identified me and Camorato, and he was taken away by the police—I remember a tailor coming on board soon after we arrived in dock—I heard the prisoner ask him for an address where he could find some women—the tailor wrote down an address for him—this paper marked C is the paper.
Cross-examined. The other sailors shaved—they each had a razor—they were taken on shore to be ground when we could find a place—I have known the prisoner over nine months—he is about twenty years of age.
By the JURY. The prisoner and I did not go to the same house with the women—the razors the men had were all different—Camorato used a razor.
ROSE BAC . I am the wife of Arthur Bac—I go by the name of Rose Evans—I know Caroline McCarthy—on the night of 24th June, about eleven, I was outside the Deptford Railway Station, and saw McCarthy with two foreign sailors—one of them I afterwards slept with that night; that was Donato—I could not identify the other man—I noticed that he had a figured shirt, a dark flannel shirt, with flowers of different patterns—I joined McCarthy and the two sailors and we went to the Red Lion public-house and from thence to the St. Helena—we came out of there together, and I went away with Donato—we left the other sailor with McCarthy; they turned up Luxford Street in the direction of the Jolly Gardeners, which is the next public-house round the corner in the Rotherhithe New Road—afterwards, on the Monday, I was taken to the Police-station—I heard that there was an Italian sailor there in custody—I picked out a man there named Camorato—I went to the station with McCarthy and Mr. Moore.
By the COURT. The other sailor's shirt was of an orange colour.
By the JURY. It was a dark blue serge, like a navy shirt; the flowers were yellow and red worked in—it was not a yellow shirt at all.
SOPHIA COOKSON . I am a widow, and live at the Jolly Gardeners, 187, Rotherhite New Road—on Saturday, 24th June, about a quarter to eleven, I was in the bar—I knew a woman, who is now dead, by the name of Jenny Hinks—she lived in Corbett's Lane—I knew she had another name called Mrs. Thompson—I saw her in the bar about a quarter or twenty minutes to twelve—a woman I now know as Mrs. McCarthy was with her—I did not know her before—a sailor was with her who I recognise as the prisoner—they had drinks together, two glasses of old-and-mild—the prisoner gave McCarthy a 2s. piece and she paid for it with that, and I gave her 1s. 81/2d. change—she then asked Jenny Hinks what she would have, and she said half-a-quartern of gin and cloves; that was paid for out of the change—soon after they left the house, all three together—I did not see the deceased after that, to my knowledge—we closed about ten minutes to twelve—on 13th July, on my way to the Treasury to make a statement,
I met McCarthy—I recognised her then, and pointed her out to Constable Moore, who was with me—on 18th July I picked the prisoner out from a number of men at the Police-court—some of the men were foreigners.
Cross-examined. They were in the house about ten minutes; they were all three talking together—McCarthy spoke to me and asked for the drink; the others did not ask for anything—there were other persons in their compartment—they appeared to be on good terms—I did not notice that any of them were the worse for drink.
THOMAS HENRY LINFORD . I am barman at the Jolly Gardeners—on Saturday night, 24th June, I was in the bar between ten and twelve—I saw the deceased there; I knew her as Jenny Hinks—she was in company with another woman, and a man I recognize as the prisoner—I afterwards picked him out from a number of men.
ANNIE LAWRENCE . I live at 9, Corbett's Lane, Rotherhithe, and am the wife of William George Lawrence—I knew the deceased by the name of Thompson—she lived at No. 12—on the night of 24th June I had some drink with her at the Jolly Gardeners, about twenty minutes past eleven—I left her at the top of the street, and went back and stood at the gate—about ten minutes afterwards she came down the Street in the direction from the Jolly Gardeners towards her own house, with a man and woman—the prisoner is the man; I recognise him—I did not think I should be able to do so till I saw him at Greenwich Police-court on the 18th July—I picked him out from some other men; some of them looked like foreigners—I see a difference in him—I noticed that he had a moustache and looked like a foreigner—the woman very much resembled McCarthy, but I could not swear she was the woman—the three went into 12, Corbett's Lane, Mrs. Thompson's house—in three or four minutes she came out by herself with a jug in her hand, and went towards the Jolly Gardeners—I saw her return with the jug and go into her house—about six or seven minutes after the same three came out and went towards the Jolly Gardeners—I then heard the barman calling out, "Time"—I lost sight of the three about three doors before they got to the Jolly Gardeners.
Cross-examined. I could not say whether they went into the Jolly Gardeners—it was nine doors from where I was standing—they seemed to be on good, terms with one another—the deceased said to me, "Good night, my old darling."
By the JURY. I have seen the sailor Camorato—when I was in the public-house Mrs. Wood, my next-door neighbour, was with me, and an old lady who lived in the house with the deceased, but no man.
ABRAHAM CLARK . I live at 20, Silverlock Street, Rotherhithe—on Saturday night, 24th June, about five minutes to twelve, I was in the Sir Garnet Wolseley public-house with Mr. Rawes—we left together and turned down Silverlock Street, and on getting to a hoarding a little way down we stood there talking—I had my back to the hoarding, and he was facing me—the street was dark on the opposite side—we had been standing there talking for a quarter of an hour or twenty minutes, when I noticed a man and woman coming from the corner towards us on the other side of the road—that was about five minutes to twelve—when they were nearly opposite us I heard a shriek, "Oh!"—I had not heard any talking before the shriek—I heard two shrieks—I looked towards the woman
and saw her fall clown into the gutter, and just after I saw the man run back towards the corner, towards the Sir Garnet Wolseley—I said something to my friend—two little girls came along the street—I went over to where the woman was, and found her sitting on the kerb, with her head leaning forward and bleeding profusely from the neck—I went for a constable, who came, and afterwards a doctor—I spoke to her, but she made no answer.
By the JURY. I did not turn my head before I heard the shriek—I observed no weapon, razor or knife—I cannot recognise the prisoner.
JOHN SAMUEL RAWES . I am a master carpenter at Rotherhithe—I was with the last witness on this night standing against the hoarding in Silverlock Street—I did not see any persons on the opposite side of the way until I heard a scream; I then saw a woman in a sitting posture—I did not see any man; he had gone—there was no noise or altercation before the scream.
By the JURY. She was not grasping any woman—she must have come up immediately; it was done immediately—the man must have gone from twenty-five to thirty yards to get out of sight—this happened about eighteen yards from where I stood—the street bends there—there was a lamp at the point, and one at the public-house, but the light does not show into the bend.
Re-examined. I was standing with my back to the woman; the man must have run in the direction of the dock.
RICHARD WALTERS (61 M). On this Sunday morning I was on fixed point duty—I was called by the two last witnesses and went to Silverlock Street, and saw the woman lying on the pavement on her back, her feet towards the kerb, and her head towards the houses, bleeding freely from the neck—the Inspector came, and afterwards a doctor; we searched, but found no weapon.
NICHOLAS MOFFEY (Inspector M). I arrived at the place about half-past twelve on the morning of the 25th; the doctor came a few minutes after me—I searched about but found no weapon—in the deceased's hand I found a purse containing a latch-key, sixpence, and a small cork.
Cross-examined. The latch-key was in the purse—the purse was not in her hand; it was lying under her hand, on her dress, not in her pocket—the key was in her left hand, and the sixpence in the same, hand—this is the key, an ordinary latch-key.
HOWELL BUCKLAND JONES . I am an M. B. and Master of Surgery, of 22, Jamaica Road—on this Sunday morning, 25th June, about twenty minutes to one, I came to the spot where the deceased was lying—she was dead—I examined the wound; it was a clean-cut wound extending from the top of the chin to the middle line of the spine—it was such a wound as would be inflicted by a very keen blade; it would require considerable force to inflict it—the left hand was extended by the side, and the fingers partially closed—the cause of death was loss of blood and shock—a postmortem examination was made; I was not present at it—from what I saw of the wound, important arteries must have been cut—I think she could have cried out immediately after her throat had been cut.
Cross-examined. I made a careful examination of the face—I noticed no marks on it except blood; no finger-marks or blows of any kind, or any bruises.
Re-examined. In my opinion the wound could not have been self-inflicted—the person inflicting it would be standing behind, and probably at a higher level, above the woman.
By MR. HUTTON. In my opinion it would not be done by a person standing by her side, and she turning her head straight round—I think it would 63 impossible—if he turned her completely round it would be possible—in my opinion it could only be done from behind.
By the JURY. If the man was left-handed it would make a difference—a razor would be the most likely instrument to have caused such a wound, because of its keenness—I don't believe a man could inflict such a wound with the left hand.
VICTOR ALEXANDER JANES . I am a surgeon, and divisional surgeon to the M Division—on Saturday, 25th June, I made a post-mortem examination of the body of the deceased—I observed the character and extent of the wound—I agree with the last witness that it was probably caused by some very keen-edged weapon, such as a razor—considerable force must have been used, and the person inflicting it was, in my opinion, standing behind, and on the right side—there were no other marks except a slight bruise on the back of the left hand—that might have been caused in falling.
Cross-examined. I heard the questions put to the last witness—I think the first part of the wound must have been given from behind—I should say it would be quite impossible to be standing in front and inflicting such a wound—he could not have inflicted such a wound with the left hand.
Re-examined. It was all one cut.
GUISEPPE SCAMPAMORTE (Interpreted). I am a sailor in the Italian ship the Unioni—on Saturday, 24th June, I went ashore about half-past seven in the evening with Ambrosini and Camorato—we stopped ashore about three hours, and we returned together about ten, and went to bed—I kept the watch from twelve to one—while keeping watch the prisoner came on board at half-past twelve—there were other sailors on shore, Donato and Carlo, when the captain came on board—at six in the morning I saw the prisoner, and about half-past seven he left the ship with the captain—I never saw him again till I saw him at the Police-court in custody.
By the JURY. He was wearing working clothes at six—I did not notice whether there were any stains of blood on them—he had not on a waistcoat like the one produced—when he went on shore he had on clothes like this. (The waistcoat.)
MICHELE AMBROSINI (Interpreted). I am a sailor on board the Unioni—on 24th June I went on shore with Scampamorte and Camorato—we returned at ten together, and went to bed—Camorato called me at two to go on watch, and I was on watch from two to three—Camorato had been on watch before me from one to two—I did not see the prisoner at all that night—I called him to come on watch at three; he was then asleep in his place—I saw him again at six—I saw him leave the ship with the captain—he then had on clothes not too old and not too new; a dark jacket, but I did not notice exactly—they were not the same clothes that he had on when he went on watch at three; I can't say what he had on then—I have seen him wearing a suit like this waistcoat—he never wore those when he was working on board, only when he used to go ashore—he had no jacket on when he came on watch; he had on some
kind of working clothes, trousers, shirt and undershirt—the trousers were not like this waistcoat.
PAOLO CAMORATO (Interpreted.) I am a sailor on the Unioni—I went on shore on the evening of the 24th June with Ambrosini and Scampamorte—we all three came, back to the ship at ten, and I went to bed—I went on watch from one to two; Scampamorte called me—while I was on watch the prisoner came on board, at half-past one; he was alone—he came across the logs that are floating in the docks, and so on to the ship—he did not speak to me—I did not notice what clothes he was wearing; it was dark—at two Ambrosini came on watch—at six all the crew were called up—I then saw the prisoner; he was in his working clothes—I saw him leave the ship with the captain—I did not notice whether he left in his working clothes—I believe he had a moustache—he had a suit of clothes like this waistcoat—he used to wear them when he went ashore—he had a razor on board—when he left with the captain he left his kit, his chest and clothes, behind—after they left, the police came on board—next day McCarthy came on board and pointed me out, and Donato; I was arrested and afterwards discharged—I was not in company with that woman at all on Saturday night the 24th—until she pointed me out I had never seen her.
VINCEXZO GALATOLA (Interpreted). I am captain of the Unioni; I brought a cargo from Mobile, Alabama—another Italian ship, the Miniani, was loaded at the same time; she was bound for Sunderland—I arrived in London on 17th June—on Saturday, the 24th, I saw the prisoner on deck about half-past six that evening—before that I had written on a piece of paper the name of the dock, "Surrey Commercial Dock," for the prisoner—this is it—I went ashore with the mate about half-past six, and returned to the ship about half-past twelve—Scampamorte was then on watch—I went to the forecastle to see who was absent—I found that Donato and the prisoner were absent—I saw Camorato on board at that time; he was in his place asleep—the first time after that I saw the prisoner between six and seven in the morning; he came into my cabin—I was asleep; he awoke me and said, "I had a row with a woman"—I said, "What have you done? What row?"—he said, "I used a razor"—I said, "What have you done?"—he said, "Something very light, of no importance"—he seemed very much upset—he said he wanted to try and get away—he said, "You know there is a ship at Sunderland; I don't know my way to go there. If you take me to the station I will go there, because I have had this row, and do not want to be arrested"—he cried a little—I took him to King's Cross Station—when he woke me that morning he had on a dark jacket, dark blue trousers, an orange-coloured shirt, a cap, and sailor boots—he always had a little moustache, and he had a little then, smaller than it is now, I did not notice very particularly—he said nothing about his moustache before he left the ship, or any time—when we got to King's Cross we found that the next train to Sunderland was not till 8. 30 in the evening—I left the prisoner at the station—I asked the porter to get him a ticket and put him in the train, and gave him £2 from the ship—next day, the 26th, I saw the
police on board—they examined the prisoner's clothes chest—when I went ashore on the 24th he was still in his working clothes—I have seen him in a suit like this waistcoat—he had that on when he went ashore that night—I have never seen the coat and trousers since—on the 26th the police took Camorato from the ship—at that time I did not tell them anything about the prisoner—I afterwards found that Camorato was, being charged at the Police-court with this murder, and I then made a statement after seeing the Italian Consul—I went to Sunderland with Inspector O'Dea on 1st July, and there found the prisoner in custody—the crew of the Miniani belong to the same village that my crew came from.
Cross-examined. The prisoner was under me between twenty and twenty-one months—he always behaved properly on board; he never did anything wrong—I did not advise him to run away when he told me about this—I first made a statement to the Italian Consul on the same day that I reported that a man was missing—I told him by word—I made a report to the police the next day—I told them that the prisoner had deserted—I did not tell them what I have said to-day; it did not come into my mind.
By the JURY. The prisoner was not drunk when I saw him—when he spoke about the razor he did not produce it.
FRANK EDWIN BASS . I am a porter in the employ of the Great Northern Railway at King's Cross—on the morning of 25th June, about twelve, I remember two foreigners, the prisoner and Captain Galatola, speaking to me, and I put the prisoner in the train.
DOMINICA ROSSI . I live at Sunderland, and let lodgings to sailors—on 28th June the prisoner came to my house with two Italian sailors—he wanted a bedroom; I asked him why—he said he was on the sly for a week because he was a deserter from his ship—after three days the police came; I spoke to the prisoner about it, and he went away.
JOHN PURDY (Detective Sergeant, Sunderland). The London police were in communication with me, and on 27th June I searched the Miniani in the dock with a view of finding the prisoner—I did not find him there—on 1st July I went again to the ship and thoroughly searched it, and I found the prisoner concealed in the lazarette under the captain's cabin—he had on only a pair of trousers and a shirt—I told the captain to ask him where his clothes were—he made an answer, which was interpreted by the captain to me—I did not find any clothes to match the waistcoat—one of the crew gave him a jacket and a pair of boots.
ALFRED THOMPSON . I live at 12, Corbett's Lane, Rotherhithe—the deceased, Jane Thompson, was a connection of mine by marriage—she was fifty-three years of age—she occupied the front parlour, ground floor, as. A bed and sitting-room—she did charing and washing—on Saturday night, 24th June, I saw her at half-past eleven in the passage of the house—she was then alive and well—she bade me good-night—the police came to the house between three and four that morning—I pointed out her room to them—I went in with them—this waistcoat was lying there loose on the table in the room—I saw the constable examine it and take some pieces of paper out of it—on the table was a beer-jug and a tumbler, a wineglass, and a plate with some fish-bones.
two plates with fish-bones, and a beer-jug, and I found this waistcoat—there was no money in it, but these two pieces of paper. (These were the apers given by the captain to the prisoner, and the address of a house given to the prisoner.)
PATRICK MOORE (Detective M). I went to the deceased's room, 12, Corfu's Lane, on the 26th—at the station the woman McCarthy handed me a white pocket-handkerchief—from what she said to me, I took her to the Unioni, and she pointed out Donato and Camorato—he smiled and shook his head—he was working about the ship—I saw his chest opened—Sergeant Williams examined the contents, and in my presence he examined the prisoner's chest.
EDWARD WILLIAMS (Detective Sergeant). I heard of the deceased's death on the Monday at one o'clock—I made inquiry about the docks, and boarded the Unioni about nine in the morning—at that time the captain was not on board—the mate paraded the men for me—I examined them, but could find nothing suspicious about them—I found that a man was missing—I afterwards examined the contents of Camorato's chest—there were no marks on the clothes—I examined the contents of the prisoner's chest—there was no money there, or any razor, or any coat and trousers, to match this waistcoat—I was present when these two pieces of paper were taken from the waistcoat.
By the JURY. No weapon was found in his box; a razor was found in Camorato's chest—it had no stains of blood upon it—I examined it minutely.
JAMES O'DEA (Detective Inspector M). On the 1st of this month I went to Sunderland, and found the prisoner detained there by the police—I took the captain with me as interpreter—I told the prisoner, through the captain, that I should arrest him for causing the death of a woman at Rotherhithe on the 25th June—he said, through the interpreter, "I know nothing of the murder; I thought you were going to arrest me for deserting my ship"—I brought him to London—when charged at the station he said, through the interpreter, that he knew nothing about the matter—he had a moustache of only a few days' growth—when the witnesses, Lawrence and Linford, came to the station for the purpose of identification, I selected seven Italian seamen, six Italian working men, and one Englishman to place with the prisoner, and he was placed as he wished—the witnesses were admitted one at a time, and they were each kept there, and could not communicate with each other.
ANTONIO SCIANO L'MORIETTO . I am mate of the Unioni—I pay the wages of the sailors—after we arrived in London, on 21st June, I paid the prisoner £2 on account of his wages—I have the wages book—very little was due to him.
Cross-examined. I remembered seeing the deceased on this night—I do not recognise the prisoner—I identified another man on the ship, and that man was taken into custody—I still adhere to that—I was not in the house of the deceased on this night, or at any time.
By the COURT. Camorato is the man I identified on board the ship as the man I thought was drinking with me—not the man that slept with me, decidedly not.
By MR. HUTTON. I was with Camorato about an hour and ten
minutes—I did not go into the Jolly Gardeners that night—I am prepared to swear that I was not there at all—I did not go into the deceased's house, and then come out again with the prisoner and the deceased.
By MR. GILL. I met the sailors outside the China Hall, and went past the Deptford Railway Station—I know Rose Bac or Evans—I went to the Red Lion and to the St. Helena—I did not intend to sleep with the sailor I was with.
By the JURY. I identified Camorato, as far as I was aware, by his features—his clothes, of course, I could not identify him by, because he had not the same clothes; but I gave a description of the clothes the man had on the night I was with him, and those clothes have not been found—I could not describe any of his clothes but the shirt and boots; he wore light boots, and he had flowers down the front of his shirt—his clothes were a kind of either dark blue or brown, and a mixture of flowers down the front—his boots had laces in them, but they were not laced up—he had a suit of clothes, open at the front—he did not speak of or carry a razor, or anything of the sort.
GUILTY. Strongly recommended to mercy by the JURY on account of his previous good character, and the possible provocation, and, they added, "No money being found in his waistcoat, points to his being robbed."
Before Robert Malcolm Kerr, Esq.
MR. PARTRIDGE Prosecuted.
HERBERT LAMPARD . I am assistant to Mr. Piper, a butterman, of the Old Kent Road—on June 24th the prisoner came in for some cheese, price three halfpence, and tendered a florin—I asked her if she knew what it was—she made no answer—I told her it was bad, and handed it to the manager, who gave her in charge.
GEORGE BLAINE (Police Sergeant, 34 L). I was called to Mr. Piper's shop and saw the prisoner—I asked her where she got the coin—she said she got it in wages, and did not know it was bad—she said at the station that she got six shillings from a man for an immoral purpose—she was remanded for a week, and then discharged.
WALTER HILL . I am a brush maker, of 35, Grange Road, Bermondsey—on 14th June I served the prisoner with a pair of combs for 2Ad.—she gave me a half-crown—I put it in the till—there was no other half-crown there—I afterwards found it was bad—my daughter was in sight—she made a communication to me the next night, and I went out and saw the prisoner buying some meat at Mr. Naylor's—I spoke to Mr. Naylor—he went inside his shop and tried a coin, and found it bad—the prisoner was stopped by a butcher and brought back, and I said, "That is the woman who gave me the half-crown last night"—she called me a liar—Mr. Naylor sent for the police and charged her.
MAUD HILL . I am a daughter of the last witness—on Friday night, July 14th, I saw the prisoner, and on Saturday night I saw her just outside, and recognised her, and so did my father—I have no doubt she is the same woman.
gave me a florin and 1s.; I gave her 4d. change—I said I did not like the look of the florin, would she give me something better—she said it was perfectly good—my husband tried it and found it was bad, and shouted out "Stop that woman!"—she was brought back and the florin was given to the police.
Prisoner's Defence. I was in drink; I did not know it was bad. I have been going about with a man for the last two months.
GUILTY**— Twelve Months Hard Labour.
MR. B. A. SMITH Prosecuted.
NOT GUILTY .
698. WILLIAM TAYLOR (20) PLEADED GUILTY to unlawfully taking Mary Robertson out of her father's custody that she might be carnally known; also to stealing sheets and other articles, the property of William Richard Taylor. Judgment Respited.
699. CAIN WINTER (20) and CHARLES JONES (27) , Feloniously entering the dwelling-house of Arthur Cole by night, and stealing three brooches, three rings, and other articles, and 30s. in money, his property.
MR. LEWIS Prosecuted, and MR. GEOGHEGAN Defended Jones.
Cross-examined by MR. GEOGHEGAN. There is a closet in the yard.
ARTHUR COLE . I keep the Sugar Loaf, Flanders Street, Walworth—the prisoners are customers of mine—they were in the bar on June 1st, about 10. 30—I had some jewellery in my bedroom, earrings and brooches, and over £1 worth of coppers in a coffee can—I went out about 10. 30—my bedroom window was about nine inches down from the top—I came back at 11. 30, went to my bedroom, and missed the things—there was a ladder against the wall, it always remains there; it is there now—there were footmarks where they had been to it.
AMELIA COOK . I am barmaid to Mr. Cole—on 1st June I was in the bar, and saw the two prisoners at 10. 20 or 10. 45—I heard a noise in the road, opened the door, and saw Jones in our private yard—nobody has a right to be there—I asked him what was the matter—he said, "I have only something here which has fallen down, and some bird cages, and some zinc is on the top of them"—nobody could have got out at the window—I missed three rings, a gold locket, some bracelets, and other little things—I sent for a policeman—Jones was taken about a quarter of an hour afterwards.
ELIZABETH BOARDMAN . I am the wife of Thomas Boardman, of Walworth—on 1st June I saw a man come from Mr. Cole's bedroom window, which was open a little way, and he put his hands on the flat and walked along the roofs of four houses—I said something to the waiter and he went down into the yard.
Cross-examined by Winter. I was about ninety yards from the man who was on the roof—it was daylight, but the gas was on this side of the window—I saw your features a month before this happened—you gave me this locket.
JOSEPH MARTINDALE (373 L). On June 2nd I took Winter at the corner of Venner Street and Clarendon Street, and charged him with being concerned with another man in breaking into a house—I found 7s. in silver on him, and 1s. 81/2d. in bronze—I took Jones and told him it was for being concerned in taking things away—I went to the Sugar Loaf and found this can in the water-butt, containing £10, and 4d. on the glass—a pair of steps were placed at the bedroom window.
Crow-examined by Winter. I know where you worked on and off.
WILLIAM KAY (Police Sergeant 6 L). I examined these premises at midnight on June 2nd, and found a step ladder, and boot marks on the wall and on the water pipe, also along the water pipe, and on the back bedroom window, which was open from the top, and marks of dirty boots on the coverlid of the bed—it would be quite possible for a man to get in at that window.
Winter's Defence. The money found on me was my wages.
NOT GUILTY .
Before Mr. Common Serjeant.
MR. BROXHOLME Prosecuted.
WILLIAM GEORGE TERRY . I am salesman to Mr. Kenneth McDonald, 250, Westminster Bridge Road—at half-past three p. m. on 12th July, a man came in with this document for the delivery of three pairs of boots, and purporting to be signed by Mr. Graves—I did not give the boots to the man because I recognised the writing on the order as the prisoner's; I have seen him write—I followed the man out of the shop and across Westminster Bridge to Whitehall, where I found him in the prisoner's company—I followed the man and the prisoner as far as the Chapel Royal—I then left them and went to our Haymarket shop to see if such an order had been sent from there—they denied all knowledge of it—I went to one of our other shops in Holywell Street and found the prisoner in conversation there with one of our managers—I called a constable and gave him into custody—he made no reply.
Cross-examined by the prisoner. I knew at once on seeing the order that it was not genuine—I did not give you into custody in Whitehall because I was by myself—I don't know if you had sent anyone into the Holywell Street shop—I have been four years and two months with Mr. McDonald.
LOUIS HENRY GRAVES . I am a manager to Mr. McDonald at his branch, 64, Haymarket—the prisoner was my clerk till about a month ago—I have seen him write—this document is, to the best of my belief, in his undisguised writing—I did not write this, nor did I authorise it—it is a forgery.
Cross-examined. I can swear it is your writing; I recognised it at once—sometimes we use these forms for branch orders, but generally they are on pieces of waste paper—you would know that perfectly well.
WILLIAM NORMAN (21 F R). On 4th July, at four p. m., I was in Newcastle Street, Strand, on duty, when Terry came, and I went with him to Holywell Street, where I saw the prisoner—Terry told him the charge; he made no reply—I took him into custody, and took him to the station—he made no reply when charged.
The prisoner, in his defence, stated that he met Palmer in the Buckingham Palace Rood, and went and drank with him; that afterwards going up the Strand he met Mr. McDonalds manager of the Holywell Street branch, and stood talking with him, when lie was arrested.
W. G. TERRY (Re-examined by the JURY). This is in the prisoner's ordinary writing—I knew the prisoner, and could find him anywhere—I gave a description of the other man; he cannot be found.
GUILTY of uttering.
— Two Months' Imprisonment.
701. ALFRED HENRY WARD (42) PLEADED GUILTY to unlawfully obtaining from Mary Ann Rodwell a parcel containing clothes, by false pretences; also another parcel from Mary Hall; also another parcel from Emma Prentice, having been convicted at Newington in January, 1888. The Police stated that the prisoner gave them information which led to the recovery of the property, and to the apprehension of Thwaites and Elliott.— Eighteen Months Hard Labour. And
MR. G. M. COHEN Prosecuted and MR. WILDEY WRIGHT Defended.
HESTER MOODY . I am the wife of Gerald Moody, of Lawn House, Dulwich—on April 2nd I was at St. Leonards, and packed a trunk, in which was an evening dress, four fans, two pairs of shoes, and other articles—I locked it; it was to go to Lawn House, Dulwich—it did not arrive—I value it at £5—these fans (produced) are those which I put in the trunk.
Cross-examined. I am quite sure it was April 2nd.
LOUISA BARKER . I am general servant to Mrs. Dickson at 4, Barry Road, East Dulwich—she is Mrs. Moody's mother—on 2nd May Mrs. Dickson gave me a box—Mrs. Moody had been on her honeymoon from April 2nd to May 2nd—it was directed "Mrs. Moody, Lawn House, Dulwich"—I put Carter, Paterson's card in the window, and at four or 4. 30 a man called—I had about a minute's conversation with him—he said he came from Carter, Paterson's and I gave him the box—he took it away—I asked him the charge; he said one shilling, and I gave it to him—the prisoner is the man—he had a leather apron and a light coat—I saw him in the dock at the Police-court and recognised him.
Cross-examined. I am quite sure it was on May 2nd; it was Tuesday—I only saw the man for a minute, and never saw him again till July 17th, and then he was in the dock charged with the offence—I had not seen him without his hat, but when he was in the dock he put his hat down on the floor—I looked at him when he called because he was not Carter, Paterson's regular man—I cannot tell you any particulars by which I identify him—I was at the Police-court about an hour before the prisoner was brought in, and just before that Inspector Pugsley said,
"The next is your case," so that when the prisoner was brought in I knew it was my case—it was between four and 4. 30 when he called, and he had his back to the door and his face towards me—he was inside the passage and the front door shut—there is a fanlight to the door—it is not a narrow passage.
Re-examined. I recognise him by his face—I gave a description to the detective of the man I saw at the door, which he took down—four days after May 2nd I went to the Police-court to pick him out, but he was not there—I did not go again between then and July 17th.
ARCHIBALD JAMES MCCARTHY . I am a carman in Carter, Paterson's employ, and collected goods in Barry Road, Dulwich, in April—I do not know the prisoner by sight; he had no authority from me to collect parcels—I have been in that district two years and three months.
MARY SAUL . I live as 5, Sennengcall Road, Fulham—on March 9th I was living at Mrs. Boyce's, 4, Trevor Road—I borrowed a Gladstone bag of her, and packed in it an evening dress, three pairs of troupers, a pair of trouser stretchers, and some underlinen—oh the bag were the initials "G. H. B.," and I believe this to be it, but the letters are not on it now—it was in every respect similar to this—these trouser stretchers are similar to those my husband used—I left the bag with my sister-in-law to be forwarded to my house—I have never received it—I did not address it myself.
Cross-examined. This is an old bag; it has been purchased about ten years—it was not in the state it is now.
MARIAN KATE BOYCE . This portmanteau belongs to my husband—I lent it to my sister-in-law, Mrs. Saul, in March, and helped her to pack it—I saw her put into it an evening dress, some trousers, shoes, and several things which I cannot remember—I labelled it, and took it into the front hall—I know it by this new strap which was put on last year, and I can just see the "G. H. B."—I can see the B. very plainly, and I know the inside of it—the inside straps were broken, and tied together as these are—I have had it ten years.
Cross-examined. I paid fifty shillings for it—it was a wedding present to my husband—it was in much better condition when I last saw it.
DOROTHY LUTTRELL . I was in Mrs. Boyce's service in March—I remember Mrs. Saul stopping with her mother—I put a card similar to this in the window—a man called, and said he came from Carter, Paterson's, and I gave him the bag—it was not the prisoner.
WILLIAM PUGSLEY (Police Inspector V). On Saturday, July 13th, I went with Stephens to Ranelagh Grove, Chelsea, with a search warrant, and found prisoner in a top floor bedroom—I said, "We are police officers, we have a man in custody named Ward" (See page 1084), "charged with stealing dressing bags and jewellery, and we have information that you received some of the property"—he said, "I do not know the man"—"T said, "I
have a search warrant, I am going to search your room"—he said, "I bought a few things from a furniture mover; I have a portmanteau, for which I paid 5s.," pointing to it, "and three fans, for which I paid 2s. 6d., and a black cloak, 2s. or 3s."—he handed me the fans; they were not concealed, but they were wrapped in paper—I asked him who the furniture man was—he said he did not know his name, or where to find him—the bag was on the landing by the door, and the trouser stretchers under the drawers.
Cross-examined. The fans were in paper over the mantelpiece, and one was ornamenting the wall over a chest of drawers—he said, "I do not know the name of Ward at ill; I have received nothing"—when I said I had a search warrant, I said, "If there is anything, you had better tell me at once"—the prisoner's bedroom and sitting-room were well furnished, but I was told that the furniture belonged to the landlord—I also found the trouser stretchers and a clock—a lady attended at the Police-court about the clock, but the case was not gone into—the prisoner told me that in the summer he bets a little, and attends Debenham's sales in the winter—there was no concealment of any of these articles—I may have said to Mrs. Moody at the Police-court in the girl's presence that hers was the next case.
By the COURT. The girl got to the Police-court at 10. 30; she had been there two or three times to see if she could identify a man, but the prisoner was not there on the Friday—he was not in custody—the case was called on about 12. 30—I did have the prisoner placed with others between 10. 30 and 12. 30. because the prisoner was charged with receiving, and I had no idea he was the actual thief—I never heard her say she could identify the man who received the bag.
NOT GUILTY .
MR. COHEN Prosecuted, and MR. WRIGHT Defended.
WILLIAM REYNOLDS STEVENS . I am an artist, of 33, St. Leonard's Terrace, Chelsea—on April 14th I was staying at 54, Tadworth Square, Chelsea—my wife packed a box, but I did not see her do it—she addressed it, and it was sent to my mother at Beckenham, but it never reached there—this is it, I have not the slightest doubt—it was broken here by a porter, and had been mended—it had my initials "W. R. S." on it, and you can see where the letters have been removed, but cannot see what they are—these things belong to us; this tea cosy, silver card-case, chatelaine watch, opera glasses, jet necklace, dress-body, and under-linen, most of which was marked "Ridpath," which was my wife's maiden name, and the rest, "H. R.," and some with both her maiden name and married name—the value of the whole is about twelve guineas.
CHARLOTTE HAPPER , I am a domestic servant, at 12A, Margaret Street, Cavendish Square—on April 14th I was in the service of Mrs. Drummond, of 54, Tadworth Square, Chelsea—I remember Mrs. Stevens staying with my mistress—a box was given to me—I put a card in the window, and the prisoner called about 2. 30, and represented himself as coming from Carter, Patereon's—I gave him the box; he asked for the
money; I said that it would be paid for at the other end—I recognised the box on 5th July at the Police-court—on 11th July I saw the prisoner with other men and picked him out.
Cross-examined. I had no reason for taking particular notice of him—I have a good memory for faces—I did not notice any part of his dress except his coarse apron and his hat—I swear positively that he is the man—he had his hat on when he came, and also when I identified him, but seeing him in Court with his hat off I had a doubt—I think he is the man. (The prisoner here put his hat on.)—I have no doubt now. (The witness, Stevens, was fare called into Court)—I had not seen Stevens before I identified the prisoner, nor had I seen Inspector Pugsley—Superintendent Dowdeswell took me there and asked me to go and identify the man, but did not give me a description of him—I identify him by his face, though he had his back to the door all the time.
JOSEPH HENRY WEBBER . I am a carman to Carter, Paterson and Co.—my district includes Tadworth Square—I did not receive this leather box—I have never given the prisoner authority to collect parcels—I do not know him.
WILLIAM STEVENS (Detective V). I was present when Happer saw the prisoner at the Police-court in a room with nine other men—she pointed and said "That looks like the man"—the jailer said, "Are you sure?"—she said, "Yes," and then touched him.
Cross-examined. Some of the nine men had their hats on, but I do not remember whether the prisoner had.
AGNES O'BRIEN . I live at Dunster Gardens, Brondesbury—on June 22nd I was dining at Elmfield, Upper Tooting, and left a small travelling trunk there to be called for by Carter, Paterson's, addressed to myself at 6, unster Gardens—there were no initials on it—this amethyst necklace and other articles are mine; they were in the bag, which did not arrive.
JANE WELLER . I am cook to Mrs. Harvey, at Elmfield, Upper Tooting—I remember Mrs. O'Brien coming to dinner in June—I saw a portmanteau on June 22nd, but did not notice the address on it—a card similar to this was put in the window about twelve o'clock, and a man who I believe to be the prisoner called and said, "Is a carman wanted?"—I said, "Yes," and gave him the portmanteau—he asked if I was going to pay—I said, "No, it will be paid for at the other end"—he put a small red ticket on it—I picked the prisoner out from other men in a passage at the Police-court—I went up and touched him—I still consider he is the man—the conversation lasted a very few minutes, but I had time to see his face.
Cross-examined. He wore a dark canvas apron and a dark hard hat—I quite believe he is the man—I had never seen him before—no one was with me when I identified him—all the men had their hate on—he had dark hair and a moustache—I should not call it very fair.
WALTER ELSOM . I am assistant to Mr. Young, a pawnbroker, of 203, King's Road, Chelsea—I produce an amethyst necklace and a brooch and earrings which I took in pledge, not from the prisoner—the necklace was pledged for £2 10s., the brooch for 25s., and a dress for 10s.
By the COURT. A tall man pledged the necklace; he looked like a gentleman—he asked for £3 on the necklace; it is an old setting—I think £4 is the value of it—none of the pawners were known to me.
GEORGE FAWCETT . I am assistant to Messrs. Davis, pawnbrokers, of Catherine Street, Strand—I find three bracelets pledged on June 22nd in the name of John Wise, one for 30s. and another for 15s.—that is as much as they are worth.
By the COURT. This amethyst necklace is worth about £4 or £5—I cannot sell one at that price, and have not one in stock.
EDITH WITHERS . I live at Clewer House, Kingston—on April 21st I was stopping at 50, Trent Road, Brixton—I packed this portmanteau (produced) before leaving—it contained an evening dress and other things—these things are mine—they are not marked with my name—this braid has been put on, but the skirt is mine—I addressed it to my home, and left it in the bedroom, to be forwarded by Carter, Paterson's—an umbrella was strapped up outside—this is it—I value the whole at about £12—they never arrived at their destination.
Cross-examined. There is some under-linen in the box with "Edith Withers" on them.
MARGARET TURNER . I am in service at Brixton—Miss Withers stayed there last April, leaving a portmanteau, which she asked me to send by Carter, Paterson's—I placed a card in the window, and a man called—it was not the prisoner—he said he came from Carter, Paterson's, and I gave it to him—an umbrella was strapped outside.
Cross-examined. I identified a man who I thought it was; his name is Ward.
ANNETTE WINTER . I live at 99, Balham Park Road—on April 26th I packed this leather bag, value £5—these initials, "A. B. W.," were on it, but they were not burnt then—there is some music in it which bears my name on it—it was addressed to myself at Morley Road, Lewisham—I handed it to the man who called, not the prisoner—it never arrived.
Cross-examined. My name is written on four out of the five pieces of music.
CAROLINE TURNER . I am a servant, of 99, Balham Park Road—Miss Winter handed me a bag in April; I did not see the contents—I placed a Carter, Paterson card in the window; a man called, and Miss Winter handed him the bag in my presence.
WILLIAM PUGSLEY (Re-examined). On July 4th I went to 77, Regency Street, and saw the prisoner in his father's workshop—I told him we were police officers, and had a man named Ward in custody for stealing dressing bags and jewellery, and that we had information that he had received some of the property—he said, "I do not know the name"—I said, "Perhaps you know him as Cross or Allen?"—he said, "I have received none whatever"—I said, "I have a search warrant to search your house; come and see it searched"—we then went to Tyne Street, and on the way he said that he occupied the front parlour and two rooms in the basement, and sub-let the rest—I asked him if he had any property in the house which did not belong to him—he said, "I have some things downstairs which were left there by a man named Cross ten weeks ago, and I sold some of them to a stranger"—he handed me this square box, which is identified by Mr. Stevens, and some other boxes which have been identified—one is Mr. Stevens'—I found an opera-glass in a chest of drawers; in a bedroom in the basement, a. watch, chatelaine, a silver card-case, and a pair of spectacles—this cosy was on the front parlour—I found under the bed the portmanteau identified by Edith Withers, and this bag identified by Miss Winter—this umbrella, was in a corner of the room, and this satin dress-body and brown dress in the kitchen—I found a new dress in a box in the prisoner's bedroom, which was locked, and this music-case in a chest of drawers. (Miss Winter here identified the music-case.)—the music in the front parlour was handed to me by the prisoner's wife; Miss Winter's name was on it—I also found this silver card-case with the prisoner's father's cards in it.
Cross-examined. I went first to 77, Regency Street, the works of the prisoner's father—the prisoner has lived all his life in the neighbourhood he is now living in, and no charge has ever been made against him—Ward had been arrested when I went there—I am unable to find Cross.—I know that the prisoner lets lodgings—he told me that a room or rooms were taken there by Ward or Cross, but they did not occupy any part of the house—I only know from what the prisoner and his wife said—Cross has gone by the names of Allen and Wilkins—the prisoner said he had advanced £2 on these things to Cross, who he knew as Ward, and had since been applied to for a further advance, and had refused—the box which contained the property was locked, the music was out, and the card-case was in the chest of drawers—when the prisoner was out on bail he came to me and did his best to help to arrest another man—he told me that Cross was a stranger to him until he took the rooms—he said, "This property was left by a man who took a room in my house; he called three times, but never slept there"—he said he brought all the property at one time in a four-wheeled cab—there was a notice in the window that the prisoner's wife is a teacher of music.
Re-examined. The prisoner volunteered the statement that it was brought in a four-wheeled cab—Cross's room was pointed out to me—I did not find any property in the prisoner's room.
The prisoner received an excellent character.
Witnesses for the defence.
77 and 79, Regency Street, Westminster—my son has been in my service all his life—I keep the time-sheets myself—my son worked for me every day this year up to his arrest, except a day when he went to Ascot, and when he was on a Coroner's Jury—he never lost any time—he came at seven, went to breakfast between 8. 30 and nine, and was away half an hour, and then worked from nine to one, and again till six, seven, eight, or nine—this is the time-sheet of April 14th, showing that he was at work all those hours—he wrote all that down himself, and gives me a sheet like this every week—"61/2" means that he came at 6. 30 a. m., and seven on the next line means that he left at seven—I am always about the place, and should know on Saturday, April 15th, whether he had been working the whole time—business never takes me into the City or country; I have no place to work at but the workshop, and I work there with my men—my son was working that day on Vestry tailboard No. 2—Regency Street, Westminster, is about two miles from Tadworth Street, Chelsea.
Cross-examined. This sheet of the 14th is my son's writing—I know that he worked these hours; I saw him on and off all day long—I do not remember the 14th, but I can remember the work he was on—I do not know Mr. Ruddock—my son represents me if I am out; that sometimes necessitates his leaving the premises for a considerable time—I often go out to make valuations—I am engaged at Pickford's, at the London and North-Western, and the London Tramway, and report on all vans—my son represents me when necessary—that would send him away on certain occasions for a considerable period.
Re-examined. If I had to do valuations that day it would appear; my diary shows no valuation on April 14th; it would be down here if either me or my son went to value—I should not pay my son or any other workman if it was not alleged that he had been at work—I can say that he was at work from two o'clock that day. (The witness's evidence as to June 22nd was postponed for him to sort his papers.)
THOMAS DAWES . I remember the prisoner, and I believe it was Joy, working at Vestry van No. 31 all day—I have done most of the vans myself with the prisoner's assent—I am certain he has not been absent from the shop for the last four months, except on two occasions.
Cross-examined. I have been in his company all day working with him—I am there till eight o'clock at night, and he has been under my eye almost all the time, 120 days, even on Sundays; of course he was absent at meal-times—I cannot pledge my oath that during those four months he has not been away; he has been out of the shop, but I have been with him—he may have been absent for an hour—if I go with him I might have to do the work.
Re-examined. I remember distinctly the day the 31 Vestry van was repaired; he was working on it the whole time, and was not out of the shop at all only to his meals.
By the COURT. The dinner hour is from one to two—he always returned within five minutes, for the last four months—the time-sheet is handed to Mr. Elliott on the Saturday—there is not much chance of cheating him, for he lives on the premises.
By the JURY. There is no date in this book; it is merely a little
account I keep for myself—I am only a workman—I have no authority and no responsibility.
HERBERT JOY . I am a wheelwright in Mr. Elliott's service—I recollect Vestry van 31 being repaired, and worked on it with the prisoner till six o'clock—I had my dinner in the shop, but he went out and came back a little after two o'clock—he was not away during the working hours—he could not have been away without my knowledge—I can swear that he was not away.
Cross-examined. Van No. 31 was being thoroughly overhauled—Elliott and I were the only persons at work on it—it took one day—it went back the same night, I believe—I cannot say what day it was.
THE COMMON SERJEANT considered that there was no evidence on the Larcency Count, because the property was not parted with, but the Counts relating to April 14th and June 22nd would remain.
WILLIAM WARREN . I live at 15, Grove Terrace, Camberwell—I prepared the tyres of the wheels of one van on April 14th—I cannot say whether they were for No. 31 van—it was between two and three o'clock—I left Camberwell directly after dinner—I delivered them to Mr. William Elliott, jun.—he was on the premises.
WILLIAM WARREN (Re-examined by MR. WRIGHT.) I dined between one and two at Camberwell—I finished my dinner about a quarter to two, and then went to Regency Square", Westminster, reaching there about half-past two—I delivered them into the son's hands—I left Elliott's workshop about a quarter to three; the prisoner was then working on a van—he delivered the wheels to me to have the tyres put on—no receipt was given or taken on either side; it was not usual in our firm—I have my book with an entry made at the time.
WILLIAM ELLIOTT (Re-examined by MR. WRIGHT.) I produce the prisoner's time-sheet for the week ending 24th June—it is not dated, but I know it is the one for that date by the times day by day—it is copied from pieces of paper—my diary contains a record of the work done on 22nd June—we were not out of the workshop that day; we had ten carts to make for the Sun newspaper—my son was working the whole day, and only left for meals—Gamble and Briggs were writing there that day, and Mr. McCarthy was there—we were working for about three weeks at the Sun carts, early and late—I was in the workshop all day on 22nd June, and had him in my view the whole time.
Cross-examined. The 22nd June was one of the days included in the three weeks during which we worked on the Sun carts—my son was never away except at meal-times—during the 22nd I was in the shop at all hours during the day; I only worked on the premises—I have enough work to keep twelve or fourteen men—I kept my eye on all the men—I remember the 22nd, because the writers were writing the Sun carte—this time-sheet about my son's time is in his writing; he handed it to me on Saturday.
him as the responsible party when his father was not there—the father was about the yard—I worked till eight or nine on the Wednesday, the day before, to get two carts ready for varnishing, and I made arrangements to have two more carts to complete my eight, because they had to be finished by Saturday, and they had to be lined and varnished, and allowed to dry—on 22nd I got to the old yard about twenty past nine, and I saw the prisoner at work on the prison van, and I said, "Can I depend on you getting a cart ready for this afternoon?"—he said, "I will see Green, and I daresay it will be all right"—I went up from there to the new cart belonging to the People, I think, and it took me till half-past twelve or quarter-past twelve—between eleven and one I saw the prisoner three times working at these carts, and I saw him after half-past two again—I saw him, I suppose, about 11. 15, which would be lunch time, and he stopped about the yard and went back, and I saw him here about twelve or half-past.
Cross-examined. He came to the other yard to see the progress of the work—two or three men were working with him—there are always a lot of men in the yard—I cannot say whether they were working or not—there might have been six or seven men in the yard that morning—I am positive it was the 22nd June, because I finished the Sun carts, and made out my account, which I sent in on Friday for payment on Saturday—my memory is as good in other cases.
Re-examined. This is the bill I sent in, dated 23rd, for working on the carts from 12th to 22nd.
FRANK MCCARTHY . I am a coach maker—I was working with Briggs at these same vans under Elliott from 12th to 22nd June—I must have been there on 22nd; I have no particular idea of the date—I worked all day on 22nd—all the time I was working I worked with the prisoner; he was only away for intervals for meals.
Cross-examined. I cannot tell exactly the date—he was not out of my sight in working hours all the week, except at meal-times and when he went home—we were working on the same job—a lot of us were working on the same carts on the 22nd; we were all working on them: Joy, Thomas Dawes, Bill Elliott, and a lot of them, about six of us; a man, Darkey, went away.
JAMES RUDDOCK . I am manager of a department of the Sun newspaper—I have the diary of Thursday, June 22nd—Charles Smith and Francis Davis had instructions overnight to take their horses in the morning, and the carts joined in the parade of June 22nd—those men are not here; I could not spare them this morning—I took part in the parade—I was at Mr. Elliott's as near one o'clock as possible; I think it was a trifle before—Smith and Davis brought their horses from the stable—I was there when the carts were given over to the two men; there were five carts, and these two men joined at the back of us—I saw the prisoner when I got there at a little before one—Smith and Davis received their carts from Mr. Elliott about 12. 30.
RICHARD GEORGE GAMBLE . I am apprenticed to Mr. Briggs—on Thursday, June 22nd, I was at work at Elliott's all the morning—I went there at 8. 30 or 8. 45, and left at 12. 30 or one o'clock—my governor was working with me—the prisoner was working in the same workshop, but I do not know what at—I went out and had some lemonade with him from
12.30 to 12.45—he was in my company and in my sight from a little before twelve to 12. 30—he was in the workshop more or less the whole morning—one o'clock is the usual time for meals, but this was the day for the parade.
WALTER WILLIAM CUTCHY . I am a coach-painter, of 138, Bow, Common Lane—I remember the day when there was a parade of the carts of the Sun newspaper—I was at Mr. Elliott's, Regency Street, Westminster—I went at 7. 20 a. m. and left between eight and nine p. m.—I was working there between eleven and one, finishing the carts—I never missed the prisoner between eleven and one—I did not go out for lemonade, nor did I miss him.
WILLIAM PUGSLEY (Re-examined). I have ascertained that the prisoner did let the rest of his house, but I do not know whether the lodgings were furnished or unfurnished—I saw a lodger there, but do not know how long he had been there.
NOT GUILTY .
ADJOURNED TO MONDAY, SEPTEMBER 11TH, 1893.