CENTRAL CRIMINAL COURT
THIRD SESSION, HELD JANUARY 7TH, 1895.
MINUTES OF EVIDENCE,
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COUNTY OF MIDDLESEX AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, INCLUDING CASES COMMITTED TO THIS COURT UNDER ORDER IN COUNCIL, PURSUANT TO THE WINTER ASSIZE ACT OF 1879, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, January 7th, 1895, and following days.
BEFORE the RIGHT HON. SIR JOSEPH RENALS , Knt., LORD MAYOR of the City of London; the Hon. Sir JOHN COMPTON LAWRANCE , Knt., one of the Justices of Her Majesty's High Court of Justice; Sir HENRY EDMUND , Knt., Sir JAMES WHITEHEAD , Bart., M.P., Sir DAVID EVANS , K. C. M. G., Sir STUART KNILL , Bart., Aldermen of the said City; Sir CHARLES HALL , Q.C., M. P., K. C. M. G., Recorder of the said City; Lieut.-Col. HORATIO DAVID DAVIES , Esq., Sir JOSEPH COCKFIELD DIMSDALE , Knt., WALTER VAUGHAN MORGAN , Esq., WILLIAM PURDIE TRELOAR , Esq., other Aldermen of the said City; and Sir FORREST FULTON , Knt., Q.C., Common Serjeant of the said City; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery, holden for the said City, and Judges of the Central Criminal Court.
CENTRAL CRIMINAL COURT.
RENALS, MAYOR. THIRD 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, January 7th, 1895.
120. In the case of RICHARD HALSEY , on the evidence of MR. THOMAS BOND, DR. SAVAGE, and DR. BLANDFORD, the JURY found the prisoner to be insane, and not in a fit state to plead to the indictment. — To be detained during Her Majesty's pleasure.
MESSRS. GEOGHEGAN and MORGAN Prosecuted, and MR. PAUL TAYLOR Defended.
The JURY in this case being unable to agree were discharged, and the case was postponed till the next Session.
NEW COURT.—Monday, January 7th, 1895.
Before Mr. Common Serjeant.
122. HERBERT FREDERICK RUDD (18), PLEADED GUILTY to stealing, while employed in the Post Office, a post-packet, the property of Her Majesty's Postmaster-General. He received a good character.— Eight Months' Hard Labour.
123. CHRISTIAN WILLIAM DIX (27) , to stealing, while employed in the Post Office, a letter containing three postal orders, the property of Her Majesty's Postmaster-General. He received a good character, and his friends undertook to send him abroad.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.]
124. ALICE HALL (25) , to forging and uttering a notice of withdrawal from a Post Office Savings Bank; also to forging and uttering a receipt for money, with intent to defraud.— Six Months' Hard Labour. [Pleaded guilty: See original trial image.]
126. CHARLES KING (25) , to placing a deleterious substance in a letter-box; also to stealing from a letter-box two letters, the property of Her Majesty's Postmaster-General.— Six Months' Hard Labour. [Pleaded guilty: See original trial image.]
to stealing, while employed in the Post Office, a letter containing a half-sovereign and ten postage stamps, the property of Her Majesty's Postmaster-General.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.] And
MR. DRUMMOND Prosecuted.
MARY ALICE SCHAFFER . I am the wife of Theodore Schaffer, a working jeweller, and I carry on business as a confectioner at 3, Smith Terrace, Leyton Road, Stratford—I know the prisoner as a customer—on November 10th, about 9.45 a.m., I was on the first floor landing, and saw the prisoner at the bottom of the stairs in the passage, with the baby in his arms—I had been in the shop since eight o'clock—when I went upstairs, no one was in the shop—the cash-box was in the parlour, and the errand boy was there—the shop leads into the parlour—I said to the prisoner, "How is it you are not in London?"—he said, "I am going now"—I did not see what he did with the baby—I came down about three minutes afterwards, and found the baby in a high chair in the parlour, crying—my boy, White, had gone, and in about two minutes I missed my cash-box, containing six £10 notes, two gold rings, a sovereign, my marriage lines, a deposit note for £300, the receipt for the business premises, a lawyer's letter, a silver 2d., and a gold level—I ran into the shop and called a neighbour, who got a policeman, and spoke to the boy about it—White, my errand boy, came back at 10.15, expecting to go to London with the prisoner—I have since seen one of my rings, my marriage lines, the deposit note, the receipt for the premises, and the lawyer's letter—I had the numbers of the notes—I have not got them back, or the sovereign—I saw the prisoner on December 12th, and charged him—the cash-box was dark brown.
EDWARD MULOCK . I live at 2, Mayo Road, Stratford—I am a grocer's boy—on November 10th, about 10.10, I was at the grocer's shop next door to Mrs. Schaffer's, and saw Samuel Wood, that is the prisoner, come out of the shop with a brown box with yellow round the lid, under his arm, and walk up the road with it.
GEORGE GREEN . I am a hackney carriage driver at Leytonstone Station—I was on the rank on November 10th about 9.45, and the prisoner called me and told me to come quick, and drive to the Royal Hotel, where he gave me a drink and changed a £10 note—no question was asked—I did not see where he got it from—it is a fully licensed house—I had whisky, and he had ginger beer or lemonade.
WALTER FEARN . I am a pawnbroker, of 109, Mile End Rood—on November 10th the prisoner pledged this ring for 3s.—it is gold and has three pearls in it—it is worth 10s.—I asked if that was all he wanted on it—he said, "Yes."
GEORGE FRIEND (Detective J). On November 12th, about 7.30 p.m., I saw the prisoner at the back of the Police-station, and told him he would be charged with stealing the property—he said, "That is quite right; there
was another man with me when I took it: I went away and he afterwards met me at a coffee-house; he gave me £20 in gold; that was all I had."
The prisoner's statement before the Magistrate: "I was told not to plead guilty, because they have not arrested the man who was with me."
Prisoner's defence. The man who had half the money is named Jim Corby. I was led away by him before. I only had £20 of the money. He opened the box.
GUILTY .— Nine Months further Hard Labour.
130. WILLIAM HILL (16) , Unlawfully attempting to steal two postal packets from a letter-box, the property of Her Majesty's Postmaster-General. Second Count, Placing a noxious substance in a letter-box, with intent to injure it.
MR. H. C. RICHARDS Prosecuted.
GEORGE BLAND (179 Y). On 11th December I was in Isledon Road—a communication was made to me—I went to the letter-box and found a piece of string hanging out—I pulled it up and found a postcard and letters attached to it (Produced)—I put them back, and hid myself in some shrubs—after some time the prisoner came and pulled up the string, and I went up and arrested him—he said he was trying to see what the piece of string was there for—I found three pieces of soap in his pocket—he said he lodged at a lodging-house, and used the soap there—he gave his address at 30, Wardour Street—his father and mother live there, but he has not been there for some time.
By the COURT. About two yards of the string was hanging out—I should not have seen it in walking by, unless my attention had been called to it, because the pillar-box is live yards from the road.
Cross-examined by the prisoner. You did cross the road—I did not ask you whether you were the party who crossed the road—I had been watching the box three-quarters of an hour.
THOMAS JAMES BUNBURT . I am employed in the Holloway sorting office—on the night of December 11th I made the collection at the pillar-box at the corner of Isledon Road and Medina Road—there was nothing unusual in the box then.
The prisoner called
MRS. HILL. I am the prisoner's mother, and live at Barnsbury—he lodges away, but comes home to supper—on December 11th he came home at 10.45 or 10.50, and stayed at home having his supper till 11.15 or 11.20—I saw nothing more of him till I found him in custody.
Cross-examined. I told Bland that my boy had not been living at home for some time.
G. BLAND (Re-examined.) It was about 10.45 when the communication
was made to me, and about 11.20 when I saw the prisoner in the middle of the road going to the letter-box—Isledon Road is about a mile and a half from Wardour Street.
CHARLES DRISCOLL . I am a carpenter, of 83, Head Street, Islington—on December 11th the prisoner was with me from 7.30 to 10.30 at the Cock at Highbury—he left me at 10.30, and said he was going to his mother's, which is ten minutes' or a quarter of an hour's walk.
Cross-examined. I know the time I parted from him because I came from my mother's at ten o'clock—I went to the Cock and found him there—I was at home a quarter of an hour—I left him at the Cock, went home and came back, and found him there still—I fix the time by the clock opposite—I did not go inside the Cock at all—I was looking for my living outside, waiting for cabs, and the prisoner was looking for his lodging—I went home to supper between 9.30 and ten—we walked towards my lodging in Eton Grove, where I parted from him—that is five or ten minutes' walk from his mother's house, or quarter of an hour—it must have been 10.30 when I parted from him.
Prisoner's defence. I was walking down Isledon Road, and noticed about two yards of string hanging from the letter-box.
NOT GUILTY .
OLD COURT.—Tuesday, January 8th, 1895.
Before Mr. Recorder.
131. JAMES CLANDIES HERAUD (29), PLEADED GUILTY to two indictments for feloniously forging and uttering endorsements on two cheques for £20 each, with intent to defraud, and embezzling £250.— Eighteen Months' Hard Labour.
132. WILLIAM ERNEST GREENAWAY (20) , to feloniously forging and uttering a request for the delivery of a cheque-book, with intent to defraud.— Nine Months' Hard Labour. [Pleaded guilty: See original trial image.]
133. HENRY JINKS (46) , to three indictments for stealing horses and carts, and to a previous conviction in January, 1882. Other convictions were proved against him, with sentences of three years, eight years, and twenty years— Judgment respited. [Pleaded guilty: See original trial image.]
135. ELLEN BOWDEN, (35) , to three indictments for stealing articles of Francis William King, of Samuel Lazenby, and of the Metropolitan Asylums Board, and to a previous conviction at Chester in 1886, in the name of Ellen Dunn, and other convictions were proved against her.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.] And
136. OTTO BRENDLEY (42) and HARRY JOHNS (29) , to several indictments for unlawfully obtaining large quantities of goods from various persons by false pretences. There were other charges against them of a similar nature.— Three Years' Penal Servitude each. [Pleaded guilty: See original trial image.]
MR. DRAKE Prosecuted, and MR. HUTTON Defended, at the request of the COURT.
The prisoner admitted writing the post-card, upon which the JURY found him
GUILTY .— Discharged on his own recognizances to come up for judgment if called upon.
MR. PARTRIDGE Prosecuted.
JAMES WILLIAM BLYTHE . I am a warehouseman, of 13, Gutter Lane, City—the house is let off in portions to different warehousemen—each separate warehouse is let to different persons, and each has an outer door—on Saturday, December 22nd, I left my warehouse at twenty minutes to three—I locked the door—there are two glass panels in the door—the warehouse is on the third floor; it contained a quantity of goods—I returned on Monday morning about half-past ten—I found that one of the glass panels had been broken, and portions of glass were lying on the floor—the locks were entire—the glass was broken sufficiently for a man to get through—I found a lot of empty boxes which had contained silk handkerchiefs—my cash-box was lying open in the inner office—there was nothing in it—I missed an Inverness cape—this (produced) is one of the silk ties, and this is one of the silk handkerchiefs—I am able to identify this pattern—it is a very common pattern; but this is a special pattern, the whole of which I bought from one manufacturer, and which had been in stock since July 20th—the wholesale price of the ties is 8s. 6d. or 9s. 6d.—the total value is about £20—the handkerchiefs are 24s. a dozen.
Cross-examined. Common goods are sold at very low prices in Petticoat Lane.
CHARLES DRURY . I am employed at 13, Gutter Lane—on Saturday, December 22nd, I left the premises between 4.30 and 4.45—before leaving I went upstairs and examined the outside door of Mr. Blythe's premises, it appeared to be locked; the panelling of the door was all right—no one was there so far as I know—I shut the outer door.
RAPHAEL COSTER . I live at 3, Wentworth Street, Spitalfields, and am a job buyer—I buy all kinds of goods—about 6 p.m. on 22nd December, the prisoner came to my place with twenty or twenty-two handkerchiefs, a sample, not the bulk, in a brown paper parcel with some ties, of which these are two—he asked me if they would suit me—I said, "At a price they would"—he asked me twelve shillings a dozen for the handkerchiefs—I offered him ten shillings and he said he would accept it—he asked me eight shillings for the ties; I refused to buy them—he said he had about 200 handkerchiefs—he went away and came back in about half an hour with sixteen dozen assorted silk handkerchiefs—I counted them and paid him £1 as a deposit, as I had no money in the house—he went away for two or three minutes and came back and asked me to give him an I.O.U. for the other £7 and I did so—he came to me the following afternoon, Sunday, and I gave him the other £7 and he gave me this receipt—he sold the ties on the Sunday afternoon to my son, outside my door, in my presence, for 10s. 6d. for three and a half dozen—the handkerchiefs and ties were all sold outside my shop in the public street on that Sunday afternoon, the ties for 4d. a piece and the handkerchiefs for 1s. and 1s. 3d.—the prisoner stood by during the one and three-quarter hours while I was selling them—my son kept one tie and handkerchief for himself—on the following Thursday Hobson called on me and we had a conversation—I produced this tie and handkerchief to him, and mentioned a name to
him—the ties were all different patterns; I should think there were a dozen or two.
SIDNEY HOBSON (Sergeant, City). On December 24th I received information of Mr. Blythe's warehouse having been broken into, and I went and examined the premises—I found a glass panel of a door on the third floor had been removed sufficiently for a man to get through; the place was strewn about with empty boxes in great confusion—I made inquiries, and on the following Thursday, the 27th, I went and saw Coster and had a conversation with him—he mentioned a name to me and produced to me this tie and handkerchief—next day I went to Royal Mint Square and kept observation—I saw the prisoner going into the square, and I went up to him and said, "Mr. De Roode, I am a police officer; I want to know where you got those handkerchiefs and ties from that you sold last Saturday?"—he said, "I know nothing about handkerchiefs and ties"—I said, "Those you sold to Mr. Coster last Saturday?"—he said, "I bought those of a man in Oxford Street, close by Tottenham Court Road"—I said, "In a shop or in the street?"—he said, "In the street"—I said, "Do you know the man?"—he said, "I have seen him before, but I don't know who he is, or where he lives"—I said, "How much did you give him for them?"—he said, "£7 10s."—I said, "Did you get a receipt for them?"—he said "No"—I said, "Did you look at them or count them when you bought them?"—he said, "No, I counted them when I got to Mr. Coster's"—I said, "What time was it when you bought them?"—he said, "About four o'clock"—I said, "You will have to come with me to Cloak Lane Station"—he was charged there, and in answer he said, "How can I be charged with two things, breaking and entering, and receiving the goods?"—he was searched, and £2 7s. 8 1/2 d. was found on him, and several articles not relating to the charge—I am sure he said he knew nothing about ties and handkerchiefs till I mentioned Coster's name—it is about a mile from Tottenham Court Road, Oxford Street, to 13, Gutter Lane, I should think; it may be a little more.
Cross-examined. I went to your room after our conversation.
Re-examined. The prisoner was remanded by the Alderman, and brought up on a second occasion—no witnesses were called for the prisoner—I believe I could get through the broken panel if I took off my coat.
The prisoner called
ABRAHAM DE BOOR . On Sunday morning, 23rd December, at eleven o'clock, I met the prisoner in Mansell Street, and he asked me to come and have some tea—I went to his house at five o'clock and had a cup of tea; some ladies and gentlemen were there—a little while after a young man knocked at the door and asked if the governor was in—a lady said, "No, but he will be in presently"—the lad said he would go down and meet him—about five minutes after the prisoner and the young man came up together, and I saw the prisoner hand over £4 5s. in silver—the lad said, "Cannot you give me some gold? It is too heavy for me"—the prisoner said, "I wish I had much of it"—the money was paid for silk handkerchiefs and scarfs—all this happened on 23rd December, not 13th—I don't know who the lad was—I had not seen him before and I have not seen him since.
LOUIS LABOSS . I am a printer's machine manager—I am of Jewish descent, but was born in England—on the Sunday before Christmas I went to the prisoner's to tea, and, while I was there, a young gentleman came and asked for the governor, who was out at the time, but would be there in about five minutes—the lad said, "I will go downstairs and meet the governor"—about ten minutes after the prisoner came up with the lad, who took him over to the other part of the room where the sewing machine was, and then said, "Have I got to take all this in silver?"
Cross-examined. I cannot say how much was paid—I knew the prisoner was charged with this offence on the day after his arrest—I went to the Mansion House on the remand—I was not called as a witness—the prisoner was defended by a solicitor.
A witness deposed to the prisoner's good character.
SIDNEY HOBSON (Re-examined by the COURT). Before arresting the prisoner I asked him where he bought the things, and what he paid for them, and he said £7 10s.—I did not ask him where he got the £7 10s. from.
The prisoner, in his defence, asserted his innocence, and stated that he bought the things from a man he had met.
GUILTY — Eight Months' Hard Labour.
LEMAN PLEADED GUILTY .
MR. LAWLESS Prosecuted, and MR. BURNIE Defended Fisher.
JOHN SAMPSON PHILLIPS . I am a tailor, of 106, Leadenhall Street, City—on 13th December I locked up my premises at seven p.m.—next morning I found the door had been forced open with some instrument apparently, and I missed articles of clothing of the value of quite £40—I communicated with the police—when the prisoner was arrested later in the month I was called to the station, and was shown a jacket, waistcoat, and overcoat which Fisher was wearing—I identified those things as my property, and as a portion of the things stolen from my place on December 13th—marks on my door corresponded with a jemmy which I saw—all the clothes stolen were new, with the exception of the overcoat, afterwards found on Fisher—that was practically new—it had been sent back to me to have the buttons shifted.
FREDERICK BARUM (City Detective, 914). I was in company with Mann about 8.30 a.m. on December 27th—I saw the prisoners in company in Aldgate—Fisher was carrying this black bag, and Lemon a small brown paper parcel—I followed them for some distance—they walked sometimes together, sometimes about five yards apart—at London Wall Leman went into an office—Fisher waited for him, and when he came out they went on again to Basinghall Street—Fisher then entered No. 67—there is a warehouse on the ground floor there, and offices above—afterwards the prisoners went on further, and finally I arrested them in London Wall on a charge of frequenting—Mann was w me the whole time—we took the prisoners to the stati
where Leman said, in Fisher's presence, "I don't know that man"—Fisher said, "I am a cigarette maker. I was serving my customers"—on Leman was found this jemmy and this skeleton key—Fisher was wearing this jacket and vest and overcoat, which Mr. Phillips afterwards identified—when the prisoner was formally charged at the station Fisher said, "I am a cigarette maker; I was serving my customers"—I had observed him on a previous occasion carrying this bag—in it were some empty cigarette tins and some boxes of cigarettes—on Monday, 24th, I had seen the prisoners together in Camomile Street, about twenty minutes to nine—I and Mann followed them together for about three-quarters of an hour—Fisher gave the address Percy Street, Tottenham Court Road, but no number—Holmes made inquiries.
Cross-examined. Mann arrested you, and I could not hear exactly what he said to you.
By the COURT. I saw them together for an hour on 27th—on 24th I saw them walking from one street to another and back to the same streets, and loitering in a very suspicious manner.
HENRY WILLIAM MANN (City Detective, 869). On the morning of 27th December I was with Barum, and observed the prisoners in Aldgate High Street; we followed them for about an hour—they were together during that time—I arrested Fisher on Monday, 31st—I was with Barum, and we saw the prisoners together and followed them for about three-quarters of an hour—they were loitering about—I saw no signs of Fisher going about delivering cigarettes at business places.
Fisher's statement before the Magistrate: "This overcoat and this coat and vest I bought in Petticoat Lane."
Fisher, in his defence, stated that he was going about showing customers samples of cigarettes when he was arrested.
PLEADED GUILTY to a conviction of felony in June, 1892*, in the name of Max John Otto Capel. A City detective stated that he knew Fisher as an artful thief, who was wanted in Liverpool for robbery. Sergeant Holmes stated that several burglaries had occurred in the City between 21st November and 27th December, and in each case marks on the door corresponded with the jemmy found on Leman. Two witnesses deposed to Lemon's good character.
FISHER— Three Years' Penal Servitude. LEMAN— Fifteen Months' Hard Labour.
NEW COURT.—Tuesday, January 8th, 1895.
Before Mr. Common Serjeant.
140. WALTER HENRY ELMER (23) and PERCY WILLIAM TRIGG (24), PLEADED GUILTY to burglary in the dwelling-house of Thomas William Elphick, and stealing three blankets and other articles, having both been before convicted, Elmer at Clerkenwell on 27th August, 1893, and Trigg at Brentford in February, 1890. Six convictions were proved against Elmer, and two against Trigg. ELMER— Twelve Months' Hard Labour. TRIGG— Six Months' Hard Labour.
(47), to stealing a purse and other articles and 17s. 01/4d. from the person of Catherine Maria Fowler, having been convicted at North London Sessions on September 5th, 1892. Eight other convictions were proved against him, and he had been three times sentenced to penal servitude— Five Years' Penal Servitude . [Pleaded guilty: See original trial image.] And
MR. G. BLACKWELL Prosecuted.
HENRY DANIELS . About 9.30 p.m. on December 15th I was in Ann Street, and was attacked from behind—someone struck me just at the back of the head, knocked me down and rifled my pockets—my knee was injured; it has been very bad ever since—they felt round me for my watch—I said, "You d—scoundrel, you won't find a watch, for I have not got one"—while I was recovering myself a policeman brought back Carey, and I said, "I believe he is the man that rifled my pockets"—I had turned my head while I was lying on the ground, and a lamp was shining a short distance away and I saw his face—he had no beard or moustache—they took two purses from my left trousers pocket—in one purse was half-a-sovereign in gold and about 6s. 6d. in silver; I believe there was just on £1—in the other purse was a watch-key and some pawn tickets.
Cross-examined by Carey. I feel sure you were the man that rifled my pockets, through seeing your side face.
WILLIAM BEARDS (220 H). At 9.30 p.m. on December 15th, I saw the prosecutor on the ground and the two prisoners kneeling over him—I knew the prisoners before—I was about fifteen yards off them—I was in uniform—I went towards them—they ran away—I gave chase—I lost sight of Roach in Commercial Road—I did not lose sight of Carey—P.C. 144 then took up the chase and caught Carey in Dorset Street—I had kept him in view from the time I saw him leaning over the prosecutor, rifling his pockets, till he was captured—he was taken to the station and charged—he made no reply—I searched Dorset Street and found near to where Carey was caught, this purse, which the prosecutor has identified—about 1.15 a.m. on the 16th, I saw Roach and identified him, and charged him—he said in reply, "I will make it warm for you if I can find out who has done this"—I had seen the two prisoners together three or four times previously during the day—I have not the least doubt about both men.
WALTER RICKERY (141 H). On December 15th, at 9.30, I was going on duty and heard a cry of "Stop thief!" and saw Carey chased by three constables into Dorset Street, where I took him and took him back to Ann Street, where I saw the prosecutor—he said, "That is the man who robbed me"—he was charged at the station and made no reply—we searched the neighbourhood where I took him, and found this puree with half-a-sovereign, half-a-crown, and two shillings in it—on December 16th, about 12.30, I went to a common lodging-house and found Roach—I said, "You resemble a person who is wanted for robbing a man; I shall
take you to the station"—he said, "All right, constable, I will go"—about 1.15 Daniels came to the station and said, "That is the other man"—he did not deny it, but when charged he said to Daniels, "All right, I will make it warm for you."
H. DANIELS (Re-examined). This is one of the purses I lost—I have not recovered the other.
Roach's statement before the Magistrate: "I was not with Carey all day."
Careys defence. I was running after a man, and the constable caught hold of me, and the prosecutor said he believed I was one of the men.
Roach's defence. I was coming from a public-home at 11.45, and met a constable. He tried to stop me, and said, "I will have you before long." I had not been in half an hour when he came down and charged me with being with Carey. I said, "Very well, I will go"; but I was not with Carey all day.
GUILTY . They then
PLEADED GUILTY to previous convictions at the Thames Police-court, Carey on May 9th, 1894, and Roach on August 9th, 1894. Carey was stated to be captain of a gang, called the Forty Thieves, and Roach one of the gang. CAREY— Twelve Months' Hard Labour. ROACH— Eight Months' Hard Labour.
JOHN MICHAEL DESMOND . I live at Wood Grange House, Forest Gate—on December 17th, between eleven and 11.30 p.m., I was with Mr. Leach and Mr. Clark—I had a silver watch and a gold chain—I looked at it just before going into an urinal—the prisoner came by, and a little girl with him, and some one said, "You ought not to bring a child into this place so late at night"—the prisoner made some remark which I did not catch, and left, and immediately came back alone, came straight up to me, struck me on my face with his fist and knocked me down—I got up and hit at him with my umbrella—he ran away and I immediately missed my watch and chain—Potter brought him back and I at once identified him—the constable said, "Is that him?"—I said "Yes," and he knocked the constable down—four constables came up and held him, and he tripped up another—he was taken to the station—my watch and chain were worth about £3—I have not got them back.
Cross-examined by MR. PURCELL. The urinal is like a door in the wall—there is barely room for one—I have heard that the prisoner was found in a house in that very court—my three friends were making use of the urinal at the same time—I did not hear the prisoner call out "Mind the child"—she was ten or twelve years old—I did not hear one of my friends tell him to go and mind his own business—I had been in the public-house adjoining—the landlord is a friend of mine and I have lived there—I was there three hours—I believe there was a fourth man, but I only saw three—Clark and Leach and I had been together several hours on business chiefly, but we took refreshments—I did not hear anyone tell him to go and mind his own business—I most emphatically swear that I did not hit him with my umbrella—my friends and I did not get round him—we had not got sticks—two women did not come out and pull him away from me—I did not notice that his eye was bleeding—I did not hit
him with my umbrella, or aim a blow at him when the police had got him by his collar, but I did after he knocked the constable down—when he was down I hit him with my umbrella—I did not see the constable throw him on his face and hands—I saw him kick the constable—until he came back from taking the child home, there was nobody else with him.
Re-examined. I am very sharp of hearing, and if anyone had said "Look out" I should have heard it.
HERBERT POTTER (128 E) On December 17th, about 11.45, I was on duty in Drury Lane, and heard a whistle—I ran across the corner of Nag's Head Court, and saw Desmond and another gentleman who complained of being assaulted and robbed—in consequence of information I went to a house in Nag's Head Court—the door was open, and I saw the prisoner coming downstairs—I said, "Are you Kirley?"—he said, "Yes "—I said, "You must come down to the door"—he came down and caught sight of Desmond, and immediately struck me with his fist on my chest and knocked me down—he said something about killing me if I did not leave go—he was sober—I first caught hold of him in the passage, but it was so narrow I had to leave go of him—he struck me and we fell together; he got up first and kicked me behind my ear and over my body—I got up and struggled with the prisoner about eight minutes before assistance came—he is very strong; it took five men to take him to the station—I charged him at the station with assaulting me, and Desmond charged him with highway robbery—he pointed at me and said, "I admit assaulting him."
Cross-examined. I noticed inside the house that his left eye was swollen and blood was running down—he had not had time to bathe it—he had no coat on—his shirt looked as if he had been through a struggle—if he had been set upon by three men and knocked down his appearance was consistent with that—a woman told me that the man had gone into that house, and told me his name—when he came out of the house I did not notice that the prosecutor raised his umbrella or that he had an umbrella—I pushed myself in between the prosecutor and the prisoner—the prosecutor and his two friends were excited—I said to the prisoner, "The gentleman charges you"—I was going to say, "with robbing him," but could not get the words out before I was struck—as we came out of the court they were trying to hit one another—I pushed the prisoner away and that increased his excitement—the prisoner made no remark about the robbery, but said, "I admit assaulting him"—Daly was present when the charge was made—he was in as good a position to hear what was said as I was.
WALTER LEACH . I live at 19, Lewisham Road, Highgate—on the evening of December 17th I was with Desmond at a urinal; we could not get in because it was so small—the prisoner came up with a little girl, and the landlord of the White Horse and Clark said "You might have kept that child back for a few minutes "—the prisoner said "I will soon do for you"—he is a perfect fiend, and hit Desmond down—I was going to assist him to get up, and when he got up he said he had lost his watch and chain—a constable came up and the prisoner rin away very quickly into his house—E 128 came up first and went to the house and met the prisoner coming downstairs, who brought the constable out and knocked
him over like a ninepin—another constable came and he knocked him over—it took five constables to get him to the station.
Cross-examined. When the constable had hold of the prisoner he tried to hit Desmond, because he was in such a temper—it would not be correct to say that Desmond tried to get at the prisoner, and that the police kept him off—all three of us were using the court as a urinal—I did not hear the prisoner call out, "Mind, mind the little girl," but he said "I will come and do for you"—that was when the little girl was with him—he was not struck over his eye by Desmond, with an umbrella—his eye was cut—he tried to protect himself with the umbrella—no violence was used by anybody till the prisoner came back without the girl—Desmond was on the ground—no woman came out before the prisoner ran away, not till the policeman arrived—two women came up before the prisoner ran away—he was not in a struggle with me and my two friends, nor was he got away by two women—I did not present the appearance of having been in a struggle—I met Mr. Desmond at the White Horse, at 11.30 or 11.45.
By the COURT. The women did not come up till after two or three policemen came—they were not there when the prisoner was on the ground struggling with the policeman—he got up before the women came up—I saw his watch—I was afraid of being late—just as we were going to the urinal he took out his watch and said "Half-past eleven."
ROBERT DALBY (67 A). On December 17th, I went to Nag's Head Court and saw the prisoner struggling with a constable, he knocked another constable down and kicked him, and he knocked me down several times—we were fifteen minutes getting him out of the court—he was struggling all the time—it took five constables to take him to the station—nothing was found on him.
NOT GUILTY of robbery.
PLEADED GUILTY .—Four previous convictions were proved against him.— Six Months' Hard Labour.
FRANCIS BOTTRILL (Detective Sergeant). On December 4th, about midnight, I was with Sergeant Parsons—the prisoner and another man came and stood at the corner of Euston Square—the prisoner left the other man, and went into the square—we had concealed ourselves—he loitered in front of Nos. 21 and 39—a man and woman were on the opposite side of the road, and the prisoner stepped into the road, and when they had gone he returned and went up the steps of 31, and put something in the lock, and I could see the action of turning—I rushed across, put my foot in the doorway, and he dragged me in with him—I said, "What are you doing here?"—he said, "I have come here to see a friend"—I said, "You have got a key?"—he said, "I have got no key," but when two constables came he said, "I have got two keys; this belongs to my door"—I said to the landlady, "Has this man any right here?"—she said, "No"—I said, "Will you charge him?"—she said, "Yes"—he sang songs on the way to the station—when he was charged he said it
was all a mistake, and afterwards he said "I have been drinking in the market"—these are the keys; one is a skeleton and the other a door key—he gave his correct address.
EDWARD PARSONS (Detective Sergeant). On December 4th I was with Bottrill about 12 p.m., and saw the prisoner and another man—I followed him to Euston Square, got over the railings and secreted myself—I saw the prisoner go up to No. 31 and open the door—Sergeant Bottrill went across and a struggle ensued—I jumped over the rails and assisted him—I searched the prisoner and found one key, and the constable found another—he struggled.
Cross-examined. I had a Mrs. Ward in my house three or four months ago—she only occupied one bedroom—I think she was a cutter at a dressmaker's—she was with me a fortnight, and I gave her notice because she got intoxicated one night—she had a latch key, which she gave up—she was not in the habit of having people come to see her—I have seen her the first thing in the morning and the last thing at night, and I never saw a gentleman in her room.
Prisoner's defence. I had been drinking all the afternoon and I went there to see this young woman—these two latchkeys open my door—they are very common.
NOT GUILTY .
MR. GREENFIELD Prosecuted.
GEORGE WADDINGTON . I am a butter merchant, of White Post Lane, Hackney Wick—on December 29th, about eleven am., I sent Skinner, a carman, out with an empty pair-horse van, value altogether about £70—I found it at the station at night.
HENRY SKINNER . I am carman to Mr. Waddington—on December 29th I was sent out with his van to collect goods—I went into the Portland Arms about 7.15, leaving the van outside—I came out in about four minutes and the van was gone—I was taken to Snow Hill Station to report, and from there to Shadwell, where I saw the van and horses, and what I had collected, and identified them.
JOHN BATEMAN (38 HR). On December 29th, about eight o'clock, I was on duty in Dean Street, St. George's-in-the-East, and saw the prisoner driving a van he—pulled up at 36, Dean Street and? knocked at the door but could get no answer—that is about two miles from Smithfield—he then went to the Perseverance beer-house, stopped there some time, came out, mounted the van, and drove to another marine store dealer's shop, which was closed—he then got off the van patted the horses and went on to another marine store dealer's—he spoke to a man and went into the Volunteer beer-house, and came out and drove to the bottom of Shaw Street, where he got down and spoke to three men—I caught hold of him and said, "Are you the carman?"—he said, "Yes"—I said, "do you drive for anybody named Waddington?—he said, No; I am only having a look round"—the horses were sent to Shadwell fetation, and we telegraphed to Mr. Waddington, who came, and the prisoner was charged—he
said. "I only handled the b things a minute. I whish I had never seen the b—things at all."
Cross-examined. You were sober—I took you at 9.20, but I had had you under observation ever since eight o'clock.
Re-examined. He said nothing to me about having the van given into his charge.
Cross-examined. You did not say that two men gave it to you to drive round—you were not asleep—you were lying on a form.
Prisoner's defence. Two men came along with the van, one driving it and another on the pavement. He said, "Do you mind holding my horses?" I said, "No." They gave me a pint of ale, and said if I would drive it over to the yard they would give me a job. I could not find them, and I went to the marine store shop and looked in there.
GUILTY , He then
PLEADED GUILTY** to a conviction at Newington, on November 14th, 1892— Eighteen Months' Hard Labour, and to complete his unexpired term of Five Years' Penal Servitude. The COURT awarded £1to the witness Bateman.
OLD COURT.—Wednesday, January 9th, 1895.
Before Mr. Recorder.
MR. MAURICE Prosecuted.
CHARLES WYATT . I am a labourer, and live at Stepney—on the afternoon of 29th October, about a quarter past four, I was in Whitechapel, and saw the prisoner with three or four others run across the road—as they ran past me the prisoner said to one of the others, "It's all right now," and they made to go to the station—I saw an old gentleman going into the urinal; the prisoner and another one pushed in behind him—one got behind him while the prisoner held him and snatched his chain with one hand, and with the other struck him on the back of the head, and ran off—I have seen him since four or five times—one of those that were with him is now doing five months for another case—I have known the prisoner some years—I have been in prison myself, and had six months for larceny—I have not done any work for the last ten weeks; before that I was a lamplighter in a gas factory—I first gave information to the police in this case when I went to the station with the prosecutor, and gave a description of the prisoner.
Cross-examined by the prisoner. I have seen you five or six times—on one occasion I saw you when I was with a policeman; I was telling him you were wanted, and you saw me and made off—I was a witness against one of your pals, who was charged with highway robbery with violence, and he was convicted and had nine months; that was in 1893—I have been threatened by your mob to put a knife into me, and on this occasion I thought they wore coming after me—when you went after the prosecutor I saw you knock him down with one hand and snatch the chain with the other.
ARTHUR UNWIN (Detective) On the evening of December 10th, about nine to half past, I saw the prisoner running—I followed him—he turned round under a street-lamp, and I saw that he answered the description of a man that was wanted for a robbery—he went down Sidney Street and went into a beerhouse—I went to the door and saw a number of man but did not see him—I afterwards found him in the tap-room crouched down behind six men—I told him to stand up, and said I should take him on suspicion of answering the description of one of the men robbing the prosecutor—he made no reply—I took him to the station—the prosecutor came there next day—the prisoner was placed among eight men of the same class, and the prosecutor walked straight across to the prisoner, touched him on the shoulder, and said, "That is the man."
GEORGE WORDLEY . I live at East Greenwich—on October 29th, about a quarter post four in the afternoon. I was in St. Mary's Station, Whitechapel, and as I went into the urinal there, four men shoved in in front of me—the prisoner was one—as soon as I got inside they shut the door and kept me in and three of the men came on me—one of them seized on my spade guinea and chain and took it away—one of them kicked me and twisted my leg in some way—I could not identify which man that was—the prisoner was the one that took my chain—he ran away, I started after him, but he was too quick for me—I sang out, "Stop him"—someone hit me and knocked me down again—I was picked up by someone, and the policeman was by me—the witness Wyatt went to the station with me—I have been at the hospital ever since—on 11th of November I was telegraphed to go to the station—I saw the prisoner there with eight or nine more—the inspector asked me to have a look and see if I could find anyone there I knew, and I picked the prisoner out at once—I had given a description of the man who assaulted me, as near as I could; it was a very short time—the urinal was a largeish one, about a dozen could go in—there was no light there, only windows opening at the top—I could see very well—I described the prisoner to the police as well as I could—I have not the least doubt about him—I also identified another one.
Cross-examined. I don't know how you were dressed—I know your face—I knew you again directly I saw you—you were trying to gel my watch, but you did not succeed—I was trying to defend myself—you were among the others who assaulted me—I was tripped up inside as well as outside—I should know one of the others if I saw him, which, perhaps, I shall some day—I had a good opportunity of seeing your face—you were right in front of me.
Prisoner's defence. As I was taken into the station, Wyatt saw me, and he swore at me, and said he was going to get some money. He told two men he was going to get half-a-sovereign, and they told me.
GUILTY .—Sergeant New, of the J Division, proved three other convictions against him.— Twelve Months' Hard Labour, and Fifteen Lashes with the Cat.
149. SAMUEL WHEELER (53) PLEADED GUILTY to unlawfully obtaining various sums of money by false pretences; also to falsifying entries in the books of his employers, Messrs Lewis Berger and Sons, Limited.— Judgment respited.
MR. SLADE BUTLER Prosecuted.
MARK SIMONS . I am a cabinet-maker, of 1, Booth Street Buildings, Spitalfields—on Saturday, December 22nd, about twenty minutes to six, I was in Fornier Street, outside the door of the Wesleyan Chapel—I saw an old man coming down the street—the prisoner and three other men knocked him down; the prisoner caught hold of his mouth so that he should not scream, and one was holding his leg and arm; all of a sudden they ran—the prisoner looked back and I looked at his face—they ran as far as the Seven Stars public-house—one of them said, "Let us come in here," and they ran in, the prisoner went in last—I ran back for a policeman, and as I came back Hill, the policeman, spoke to me, and he went and opened the door of the public-house, and the prisoner and another man came out, and the constable took him back—a man and woman picked the old man up—he did not speak to me, nor I to him, I only looked in his face—I had never seen the prisoner before, he was quite a stranger to me—I had no quarrel with him; I don't know him.
Cross-examined by the prisoner. The old man said nothing to me—he said to the man and woman that he had lost a watch—he did not tell me so.
Prisoner. I am unable to run—I have been in the hospital ever since I have been here.
Witness. You could not go very fast, you were trotting along—the other three men were in front, you were a little behind.
CHARLES HILL (86H). On Saturday evening, December 23rd, the last witness spoke to me, and I went to the Seven Stars in Brick Lane—I did not open the door, I could see in from the outside—I looked in and saw four men standing at the bar—the prisoner came out with another man—addressing me, the prisoner said, "Hallo, governor! Going to have a drink?"—I said, "Yes," to detain him—I followed him in, and then told him I should take him into custody for robbing a man in Fornier Street—he said, "I know nothing about it"—he had his hand in his pocket—he would not allow me to search his pocket—he said, "Take me into the tap-room"—I did so, and searched him, but found nothing—there were three other men near him, standing close by—I had sent for another constable, but he had not arrived—the prisoner kept his hand in his pocket till I took it out.
Cross-examined. When I came inside you said, "You are taking me for what I know nothing about"—I said, "I want to search your righthand pocket"—when I took you to the station, I kept you there while I wired to all the stations round, to know if anyone had reported the loss, before I booked the charge—I wanted to get the man who had been assaulted.
By the COURT. I told the prisoner I should search him, and he said, "Take me to the tap-room"—it did not take more than two minutes—he struggled and tried to get away—I called to the potman to assist me, and then he left off struggling—I think it would have hardly been possible for him to have passed a watch to the other three men; but he might have slipped it down the leg of his trousers—I could not say that he did—when I came out of the tap-room the other men disappeared.
GEORGE GRAY . I am hall-porter at 102, Oldfield Road, Stoke Newington—on Saturday evening, December 22nd, I was in Fornier Street—I saw four or five men on the footpath scuffling; they fell into the road, and four of them ran away into Brick Lane, in the direction of the Seven Stars; one remained, lying in the road—I went up to him and helped him up—he made a complaint to me—his pockets were turned inside out—he seemed very weak and lame; he was an oldish man, about fifty—he hobbled away into Brick Lane—he might have been drinking, I thought so by his appearance.
Cross-examined. I don't know why I was not at Worship Street at first—I went there the first week, but I was not called—I am no relation to the boy (Simmonds)—I was in Fornier Street, by the chapel door, when this happened—I could not swear to you, it was someone like you, according to your cap—I did not see your face.
The prisoner, before the Magistrate, said: "I have been laid up four months, and can't run."
Witness for the Defence.
JAMES TOWNLEY . I am assistant-deputy at a lodging-house—all I know of this is, on the 22nd of last month the prisoner was in the Seven Stars, just between a quarter to five till a quarter to six, when P.C. 86 came in and began searching him, and took him away—I tell the time by the public-house clock; I had occasion to notice it because I had not done work till four; I always notice the time I have done work, and I went and fetched my brother to have a drink—there were four there besides the prisoner—when the policeman came in there were five; my workmate, James Wyatt, was the fifth—four men did not come in shortly before the prisoner came in, no men at all; Wyatt was the only man that came in during the hour—the detective told me to come here—I was not told to go before the Magistrate—I gave evidence at the station and they told me that was sufficient—I did not go to the Police-court.
Cross-examined. I was not in the tap-room the whole of the time—I was not playing billiards—I am not in the habit of gambling—I was in the same compartment as the prisoner—I only had time to go to the urinal when the police were searching him—the policeman could not have seen him come out of the bar—he came out of the tap-room—there were not four men in the tap-room, only two, and two in the bar besides the prisoner and another man.
CHARLES HILL (Re-called). I know this public-house well—there is a bar and tap-room—they communicate—you can go from one to the other without going outside; there is a door—when I first looked in I looked into the bar—I am sure four men were there—the prisoner came out of the bar—he was the first man to leave the bar—I noticed the last witness there—he was in the tap-room—the prisoner asked the landlord if he had not been there an hour, and he said, "I don't know, I have seen you here today"—I said to the landlord, "Have you left the bar?" and he said, "No, I have been here since eight"—this witness and another man were in the taproom, not in the bar—I did not ask the witness to help me—I should not ask him.
Prisoner's defence. I am quite innocent, I am unable to do such a thing.
GUILTY †— Ten Months' Hard Labour.
151. ANNIE HOBSON, Unlawfully obtaining by false pretences from Robert Maxwell Holland, food and £1 and a policy of insurance, and other articles, and from the Prudential Assurance Company a cheque for £9 10s., with intent to defraud.
MR. LEYCESTER Prosecuted, and MR. ELLIOT Defended.
ROBERT MAXWELL HOLLAND . I am a bookseller—I live at 155, Bridge Road, Battersea, and trade in Newgate Street—I had a son, William Godfrey Holland, who went to America about two and a half years ago—since ho went I and my family were in communication with him by letter, scarcely a week or ten days passed without our hearing—I had no intimation that he was married or living with a woman; we knew he had a sweetheart in Battersea, who expected him home—in September he died—about 16th September we received a letter from America, and after that a telegram from Liverpool, and my sons went to Euston Station to meet someone, and came back with the prisoner, who told us she was my son's widow—I expressed surprise—she said, "If you have any doubt as to my being your son's widow I will leave your house at once"—she said he had courted her in Sheffield, and when she got to America everything was prepared for her, and she walked into a room where a clergyman and witnesses were, and the marriage took place—she said she had been a single woman before that marriage—she and my wife sat up and talked together, and hardly went to bed that night—in consequence of what she said I allowed her to stop at my house, and supplied her with food free of charge—my son's life had been assured—this is the policy; I gave it to the prisoner, relying on the statement that she was my son's widow—the whole of the time she was at our house she was greatly dissatisfied—she said my son had made out that we were very much better off than we were, that she had greater expectations, and that she was given to understand I was a magistrate and lived in a large house—the Prudential office after making inquiries gave her a cheque for £9 10s.—she asked me next day to cash it for her, and I did so and paid a small bill for her and gave her the balance of between £7 and £8—towards the end of November she left my house—after that, on 21st November, I gave her £1, still believing she was my son's widow—on 10th December I went to Sheffield—Mrs. Brooks, the prisoner's sister, had stayed at our house from October 8th to 10th, a week after the prisoner came—I came back from Sheffield on December 11th, and the same night I went with two of my sons and told the prisoner I had been to Sheffield and found out who she was, and she said, "I could have told you all that, and saved you the trouble. A pretty thing you have done, going to Sheffield," and she was very much put about by my going—I said I had seen her husband, and found out she was married to Charles Hobson—she admitted it—afterwards, in talking to me in her apartments, she said, "A pretty lot you have done for me"—she said she quite expected the policy was for £1,000—I afterwards got a summons from her for the return of two sheets, which she had asked my wife to send to the wash, and which had not come home, and some pictures which she had given to my sons—she had been to ask my wife for the sheets—she could have had them when they came home—after receiving the summons I consulted Mr. Bell, my-solicitor—T went to the Police-court and swore an information, and got a warrant against her—I was present when her summons came on for
hearing—I heard her give her name as Annie Hobson—she said she had a husband, Charles Hobson, at Sheffield, I think—I do not remember her saying anything about my son.
Cross-examined. Before my son went to America he lived at Sheffield for some time, and I know now that he there lodged with the prisoner and her husband—some short time after my son went to America the prisoner left for America—this is a photograph of myself as a sergeant in the East Surrey Volunteers; it was taken some four or five years ago—it must have been sent to my son, I did not know it was—this is a portrait of my late son—this certificate of death from the authorities of New York was shown to me by the prisoner—I have not before seen this receipt for the purchase of a plot for a grave in the Brooklyn cemetery—I fancy I have seen one of these undertaker's receipts for the burial of Mr. Holland, but not this other—the prisoner told me that she had buried my son, and erected a monument over him; I don't know the expense of it, but she said she had paid it from the money she received from Macey's, his employers—I never heard that she was employed as a saleswoman at the same establishment as my son, who was a second-class accountant—this is the certificate of baptism of a little girl; the writing on it more resembles that of a son at home than that of my late son—I cannot say if it resembles my late son's writing—we have doubts whether the prisoner lived with my son in America—she made up her case by means of those documents; we should not have received her in our house but for them—we don't believe she lived with my son as his wife in America; we believe he had apartments in her house, and that she was the housekeeper—I have no doubt she was living in the same house with him—I have a doubt as to whether the child is my son's natural child—we have no evidence about it one way or the other—when the prisoner arrived at our house, my wife sat up nearly all night talking to her—she appeared to know everything about my son—Mrs. Brooks, her sister, came on the Monday week after the prisoner came—I was not then told the exact circumstances under which the prisoner came to live with my son—I did not know that she was married, and had a husband named Hobson, at Sheffield—I did not say that although my son ought not to have done it, yet, as she had been a good wife to him, I would look over the fact that she was not married to him, and would forgive her, and that if Mr. Hobson did not know of her arrival in this country, it would be as well not to let him know, and that I would get her rooms—Mrs. Brooks came; she was astonished—she described how my son went to her shop for refreshments, and became engaged to her sister, the prisoner, who was in her employment, and said that their mother was so broken-hearted when she went to America that she offered her £50 not to go—the sister is here—I never heard of Hobson till I went to Sheffield—I thought the prisoner could earn her own living very easily as a book canvasser, and so I did not give her more money—I told Mrs. Brooks she could earn 30s. a week for three or four hours' work a day—Mrs. Brooks said she would give her 5s. a week till she got straight, and that was sent—the Prudential officers called and filled up the papers while Mrs. Brooks was there—I don't know that my son knew he was insured for certain—Mrs. Holland always kept it paid—when
the Prudential officers came the prisoner did not say she had not paid the premiums, and did not want the insurance money, and that I could have it, and that if she signed a receipt it would be on my behalf—I did not reply that the prisoner would receive it indirectly—I knew we had to do something for her, and it did not matter whether she had the money, or had something for it—I endorsed the cheque from the Prudential, which was payable to a number—I paid her the £9 10s., except for the amount of a small account of hers which I paid—things went on not very rosily, and in consequence I went to Sheffield on 10th December—I saw Mr. Hobson there—my son gave me the name of Hobson, which he said he had found in an old pocket-book, as the name where my late son lodged at Sheffield—after finding Hobson, and coming back, the prisoner admitted that Hobson was her husband, but stuck to it that everything was right, and that she was an honourable woman in America; she told us a pitiable story about Sheffield, that she would do seven years rather than go back to Sheffield, as her husband had treated her very badly, and that she had had four or five miscarriages through his ill-treatment—then she gained our sympathy—then she made arrangements to go to America, and she said, "I will go by Monday's boat, if you will only give me my fare and £1 or £2 for when I get there, and you can have everything that is here"—I got a ticket for her by the Majestic—Arding and Hobbs offered £14 for the furniture—I don't know that she was anxious to take it—I would not part with the ticket or anything until she was off, that was the trouble—it was not likely that I should give her the £5 note till she was in the railway carriage—there was no difficulty about her accepting the ticket for her passage on board the Majestic—I said I would not give her the ticket or anything until she was clear of the place and out of it—she did not say she would rather have the £14 10s. from Arding and Hobbs instead of my having the furniture and giving her the ticket and £5—nothing was said about what I was to give her besides the ticket, we could not trust her—she did not then ask for her pictures and things back—I had nothing of hers in my possession—the Magistrate made an order upon her summons—I have given up the pictures and sheets to her, but the pictures were not hers—she gave them to my sons when she arrived—she was to have gone by the Majestic before I was summoned—she brought back my son's watch from America, and gave it to one of my other sons—it was not very valuable—before I received the summons I had been to the Police-station and had a detective in my house—when I came back from Sheffield I was under the impression that I could give her into custody at once, and I was told I could not—I received the summons about ten days after coming back from Sheffield—I did not intend to take proceedings if I had not received that summons, because I did not wish to run into a lot of costs.
Re-examined. Before I went to Sheffield Mrs. Brooks had expressed her surprise that I did know my son had married the prisoner—she said nothing about her being married to Hobson, she said her name was Cornthwaite—I never heard her name was Hobson till I went to Sheffield, or that she had been married before she went to America—she never said she did not want the insurance money—she never suggested to me before I came back from Sheffield that she had not been properly married to my son—some of the furniture was given by my son, and
some by Mrs. Holland, and some by her brother, and some the prisoner bought herself—it was at 33, Boland Street, where she had apartments, near my house—it was not left in my possession—the summons against me was for a pair of sheets, some water-colour pictures, a gold watch and chain, and some receipts—the watch she had given to my son to get repaired; she had it when it came back from the jewellers—the sheets were at the wash—the pictures she had given to my sons, and she had not asked for them back till I got the summons—she has had the things back now—I bought the ticket for America; my son found the money, something over £7; I took it on the condition that the money should be refunded if the ticket were not used—I did not see the prisoner after that conversation about the ticket till I saw her at the Police court—on the Sunday after I came back from Sheffield I had a long conversation with the detective, and afterwards he came to my house to make inquiries—all that was before I had been to my solicitor.
GEORGE WILLIAM MORRIS . I am an agent of the Prudential Assurance Company—the prisoner presented this insurance policy to, me and I handed her this cheque believing her to be the widow of the deceased; if I had not so believed I should not have given her the cheque—she was dressed in mourning—she signed this receipt in my presence, "Annie Holland."
Cross-examined. This was done at Mr. Holland's, where I went with Mr. Goodman—I did not see Mrs. Brooks there—Mr. and Mrs. Holland, one son, and the prisoner were there—I saw no one else.
DAVIS WALLER (400 V). I was entrusted with a warrant for the prisoner's arrest—on December 28th, I was present when she gave evidence as complainant on the summons against the prosecutor—she said, "I am the wife of Henry Holland."
Cross-examined. The warrant is dated December 28th, the day on which the summons was returnable.
R. M. HOLLAND (Re-examined). That is the man I saw at Sheffield. (Pointing to a man who was called into Court)—I know him by the name of Charles Hobson.
NOT GUILTY .
There were two other indictments founded upon the same facts against the prisoner, upon which Mr. Leycester offered no evidence.
NOT GUILTY .
NEW COURT.—Wednesday, January 9th, 1895.
Before Mr. Common Serjeant.
152. FREDERICK SAMUEL GLENCROSS (40) PLEADED GUILTY to unlawfully obtaining £29 from Ada Marion Tudrie and £105 from Sarah Ann Sancy, by false pretences; also to making a false declaration to obtain a marriage license.— Ten Years' Penal Servitude.
MR. PASSMORE Prosecuted, and MR. BURNIE appeared for Martin.
promissory note for £10—they both signed it in the name of Bloomfield and I gave them £7—that was a second loan—Boggis picked the money up—they gave their address 104, Gravel Road, Waterloo Bridge Road—the money was to be repaid at 7s. a week—only one payment was made—when I called at her house in August about the first loan, she said that Martin was her husband—I called in November to see Mr. Bloomfield, but nobody was there—I saw the next-door neighbour. (The note stated that if one weekly payment was overdue the whole would be forfeited. Signed "HARRY BLOOMFIELD ")—she actually only got £2 8s., because she had to repay the old loan.
ALBERT JOHN BLOOMFIELD . I live at 114A, Broughton Road, and know Martin by going to his shop—I know nothing about this promissory note—I am not prepared to say that there is no Harry Bloomfield in London.
GEORGE MELVILLE (Detective S). On December 13th I took Boggis—she said, "I have been expecting this. Martin had none of the money only a few shillings, which I gave him; you would not have found me here if I had known you were after me; I did not mean to defraud; I meant to pay the money back."
NOT GUILTY .
NOT GUILTY .
JOHN RYLAND . I am a carpenter, of 39, Burdett Street, Bromley-by-Bow—on December 5th I went to bed about ten o'clock, and my wife shut up about eleven o'clock—I was awoke in the night by glass breaking—I went down and found a lamp knocked down and broken, the window open, and the prisoner kneeling at the chiffonier drawers—I asked where he came from; he said from Leeds in Yorkshire, and he thought it was an empty house and came in for shelter—I struck him with a broom handle.
ROBERT HARTNELL (683 K). I was called to this house about 1.30, and found the prisoner detained—the window was open—he said, "I have made a mistake; I thought it was an empty house"—his head was cut, and he was attended by the divisional surgeon.
The prisoner's statement before the Magistrate: "I got in, they hit me about my head."
Prisoners defence. I never intended to do anything of the kind. I did not know it was a dwelling-house at all.
GUILTY **— Six Months' Hard Labour.
OLD COURT.—Thursday, January 10th, 1895.
Before Mr. Recorder.
MESSRS. HORACE AVORY and WARBURTON Prosecuted; MR. GEOGHEGAN
appeared for Richards; and MR. C. F. GILL for ERRINGTON.
GEORGE RUSSELL JAMES . I live at Forest Gate—I am a master mariner—I have held a certificate for thirteen years, and have had the command of vessels in various trades—in June 6th last year I saw an advertisement in the Shipping Gazette—this is a copy of it—"Master wanted for new boat, 3,600 tons. Ready Must invest.—Address, with copies; of testimonials, 466, Shipping Gazette and Lloyd's Offices, 54, Gracechurch Street."—I replied to that address, and then received this letter of June 8th. I believe in Richards' handwriting, from what I have seen of it—"26, Bedford Row. Please call about two to-morrow afternoon, then we can discuss terms. E. M. RICHARDS."—I called at that address on Saturday, 9th June, and saw Richards—he said, "About this a boat, what can you do?"—I asked him what vessels he owned—he said lie owned none at present, but that he had owned several sailing ships and one steamer; that he had sold the sailing ships, and the steamer was lost, and that he now intended to build four larger steamers, and that he wanted a master for the first one, which was being built in West Hartlepool by Messrs. Furness, Withey and Co.—he then asked me if I would take shares in the first boat, or in the company, the Park Steamship Company, Limited—he had told me this before, when I went there—he said, "This is the Park Steamship Company," and he showed me a plan of a steamer—he represented himself as manager of the company, and that was his reason for writing to me as manager—when he showed me the plan he said the vessel was to carry about 3,800 tons—that corresponded with the advertisement—he said the company was formed, and that they had in England £15,000 in hand, and a further £1,500 in shares subject to twenty-one days' call; that they had the whole of the money to pay for the first boat and some money for working expenses—he said that he and Errington were getting up this company: he was the manager and Errington was trustee for the debenture-holders—he asked me how much money I could put into the affair—I declined to take shares; but he tried to persuade me to hand over £200 as to allotment of shares, which would have been about 7s. 6d. in the £ they were £1 shares—I made a calculation in my own mind, and I declined to take shares—he said if I did not take shares I must hand him a deposit as security for the ship and as master—he showed me this prospectus of the company—I read it at his private house—I just glanced over it; but when he saw me reading it he began talking about other things, and I really did not read it. (The prospectus was put in and read)—I referred them to my late employers, and agreed that if my references were satisfactory I would deposit £200 as security under an agreement—in reply to a telegram I called on him again on Monday, 11th June—he said he had seen my references, and they were so far satisfactory that he was willing to accept me as master of his vessel, and he arranged for me to meet him at 25, Bedford Row, and be introduced me to Errington on the next day—in speaking to him in the first place, I asked him if the company was formed and registered, and he said "Yes," and that they had the money—he mentioned the name of the firm as Anann Ward and
Errington, but I was to see Mr. Errington—on the next day, 12th June, I went to 25, Bedford Row, and met, the prisoners—Richards introduced me to Errington in that name—Errington made the same statement that Richards had done, as to the capital they had in hand, and the capital to be called up—Errington said he was trustee for the debenture-holders, that they had the money, and that they intended to build the four boats, and they wanted a good man, and were perfectly satisfied with me, and wanted me to go down the next day to West Hartlepool to superintend the completion of the ship—Errington said they had £15,000 in hand, and a further £15,000, subject to twenty-one days' call, in shares, and that they had more than sufficient to pay for the first boat and to leave them a working capital; that after the first boat was away they would go on with the others—the boat was to be ready at the end of July—on that day at that office I paid over this cheque for £200 under an agreement, of which this is the counterpart, and which I signed—my cheque was payable to "E. Middleton Richards, manager, Park Steamship Company"—it is endorsed "E. Middleton Richards," and "E. Middleton Richards and Co." in the same writing—I got this counterpart of the agreement stamped—it was brought to me a few minutes after I arrived—this is the receipt for my cheque. (This receipt was signed "E. Middleton Richards and Co., Park Steamship Company." The agreement was read. By it Captain James was to be captain of the first steamer delivered to the company's order, at a salary of £18 a month, and an annual bonus if the ship was kept clear of casualty, the salary to commence from the date of completion and qualification; he to deposit £200 at 5 per cent, interest; the deposit to be returned to him if he left the company's service)—At the time I parted with that cheque I believed what had been told me about the company and its capital—next day, 13th June, I went with Richards to Hartlepool—he took me to Furness, Withey and Co.'s building yard, where someone from the yard pointed out a steamer and said, "This is the steamer, No. 208"—that ship was subsequently called the Windsor Park, but the name was never cut into the vessel—I superintended the vessel for some time, not to the finish I corresponded with Richards from time to time about the work that was being done, and suggested alterations and soon—I was in Hartlepool altogether two and a half months, but on 3rd August I got a letter from Furness, Withey and Co. ordering me out of the yard—upon that I wired to Richards—I got some letters from him, and some time afterwards he came down with regard to another steamer that they were going to pay cash for—he said he had not got the first vessel on account of the deposit not being paid, but that it would be paid in full when it was completed—I knew that the engines were not ready at the time—I don't think Richards said anything about that—on 31st July I wrote this letter to him. (Stating that they were well on with the engines)—on 4th August I received this letter from him. (This acknowledged the witness's letter, and stated that he had written to Errington asking him what to do in the matter)—when he came down he said that they could not divide the money; that they had the money, but they must pay it all in a lump, for some reason or other, for which Errington was not responsible, but they
were quite prepared to buy a ready boat—that the builder's number was 203; it was called the Rosebery; that she was launched and engined, and was practically ready for use; that she could be got ready in two or three days—that she was to cost £27,350; that he was going to get her from Furness, Withey and Co.; that they were going to pay £27,000 in cash, and the balance in bills at three months—on 12th August I wrote to him about the Rosebery, and on 13th I received this reply from Richards, from 25, Bedford Row—on August 14th I received this from him, stating that the proposal was not accepted—I afterwards received instructions to go over the Rosebery and report, which I did—afterwards Richards came to Hartlepool—he said he did not really know what he had come for, but he wired to Errington, and received instructions to go to Sunderland and see a gentleman there—I never got possession of the Rosebery—she did not go to sea while I was there—they got her name changed to Richmond Park, and a week after I went to the yard and asked how it was, and I subsequently found someone else in charge of her—I then came up to London, I think, on Saturday, August 25th, and saw both Richards and Errington on the Monday or Tuesday, at Bedford Row—I asked what was the meaning of it—they said they could not understand it, they were quite ready to buy a boat, and a lot of talk; that they still had the moneys, but it appeared that it never could be produced—other people were not so foolish as I was, and would not part with their money—I got no reason why they had not parted with the large sum of money that they said they had in hand—nothing was said at that interview as to what had become of my money—they said if they did not get that boat they would buy another—some time afterwards Richards told me that he had handed the greater part of my money over to Errington—I believe he said £170 or £175, out of my £200—I did not get any of my wages for a long time for going aboard the ship and superintending—afterwards I got £20 from Richards, by way of instalments of £10, £5, £3 and £2, and I gave a receipt for each one—on September 21st I wrote this letter to him: "Dear Sir,—I have been thinking about what you said to me about having fresh articles. I must decline. When I deposited £200 with you it was on the understanding that I was to have the command of a new ship, and that she was ready, and that the money was ready to pay, but it seems this was not the case. I shall be seeing Messrs. Lowless and Co.," etc.—they had pretended to treat for other boats, and eventually said that they would take one at Antwerp, and wanted me to sign articles on that ship—I don't think I got any answer to my letter—Richards never wrote repudiating that he had made such representations—on August 5th, 1894, I wrote this letter to Richards about returning my money, and on the 7th I received this answer, stating that Errington would be back to morrow—subsequently I saw Richards frequently about returning my money, and I saw Errington, not about returning my money, but on other occasions—I asked him about the ship, and he wittily remarked that he would buy me a sixpenny one; I expect he thought that witty, because he had a grin on him—I never got more than the £20—I never have got a farthing of my £200.
Cross-examined by MR. GEOGHEGAN. £200 was the total amount I gave to Richards, and of that he said he had given Errington
£75—he did not go with me to Hartlepool between September 1st and my coming back to London—I don't know where he was during that time; he was sometimes at Hartlepool and sometimes elsewhere—I got letters from him once or twice, dated from Hartlepool, in reference to steamers that he said he was trying to purchase—that was between the time I went to Hartlepool and the time of his arrest—he paid me the £20 as wages—all through the affair he said that the reason the promises were not carried out was because Errington would not find the money—there was a strike, not at Furness's, but in connection with the engineering trade—I have said that for a long time one man was employed on the Windsor Park, and that it. was impossible she could be got ready by the 9th July—on the 9th July I said in a letter to Richards, "I hope he will be able to get the Rosebery as the first boat, for I fear it will be a long time before the Windsor Park will be ready for sea"—I saw Richards occasionally during September and October—I met him by appointment sometimes—I remember his going to Criccieth, in Wales—it was rather a surprise to me—I did not know where he was till he wrote to me from there—I first knew that this company had not been registered, and that I had been taken in, after I had returned to London and applied to my solicitors—that was at the end of August—the receipts are here—I cannot remember the dates—I believe Richards was arrested on the 1st or 2nd of September—I consulted Messrs. Lawless and Co. about that time—I told them I had parted with my money in consequence of false representations, and I authorised them to write to him—I authorised them to act for me. (A letter of September 1st, from Lawless and Co., teas read, stating that unless the money was repaid proceedings would be taken)—Lawless and Co. are conducting this prosecution—when I first saw Richards he told me hat he had an agreement with Furness, Withey and Co. for steamships, and he showed me the plans that were for the ship afterwards called the Windsor Park—he did not tell me that he had an agreement with Errington to find the capital for the purchase of that boat—the only time he told me that Errington was to find £175 was at the end of October, a few days before he was arrested—when I returned to London and told them about not being able to get the ship, they both seemed surprised—they were surprised at seeing me in London, and, I suppose, surprised that they did not get the ship—Furness and Co. said it was through not furnishing the capital—they did not complain that Errington had been humbugging them—there was no suggestion to that effect.
Cross-examined by MR. GILL. I told the Magistrate that I had instructed my solicitors to take criminal proceedings against Richards unless the agreement was carried out, that is, that I was either to be provided with ray ship or the money returned, otherwise I should not have been able to commence criminal proceedings—I do not exactly remember using the word "unless"—I instructed ray solicitor to take criminal proceedings when he had not done so—if I made that statement before the Magistrate, of course I cannot go back from it; I would not desire to do so—it was Richards I charged in the first instance—I did not tell my solicitors that Errington had offered to give them every document in connection with the case and place them in full possession of the facts of the case; I was not informed of that—Errington was at the Police-court on
the second occasion, not at the first—some time ago my solicitor said that Errington had offered, through his solicitors, to produce some documents—I don't think I was informed that he offered to produce every document, but some documents—I think it was on the 22nd November that Errington first appeared, and then he was remanded for a week—I had two interviews with Richards before I saw Errington; the first time I saw Richards was at his private house at Canonbury—I saw him there for about two hours, I think—I am not positive whether I saw the prospectus then or not; I may possibly have seen it then; I saw the plan of the ship, and we had a conversation about it; that was on Sunday—I saw him again on the Monday and on the Wednesday—on the second occasion I was with him somewhere about the same time, and we talked about the matter—he said at that time he had no ship at sea, but they were building; that Furness, Withey and Co. were building a ship for him and Errington, for the Park Steamship Company—he told me that the company was formed, not that he was trying to get up a company, or trying to get some friends to form a company—he said nothing about friends assisting to form a company—I don't think I said before the Magistrate, "Richards did not say he was starting a company alone—he said that he was getting it up with friends; if that is in my deposition I suppose it must be so; I have no recollection of saying so, or why I should; my deposition was read over to me—there were some words not exactly as I placed them, but the facts were all there—it is quite possible I said those word?—in cross-examination at the Police-court I said, "Richards did not say he was starting the company alone; he said he was getting it up with friends"—it was being suggested to me that what took place was not that I was told that the company had been formed, but that the company was being got up with friends—I remember saying that I believed he told me the company was registered—he told me they were going to get out another prospectus—he said the company had temporary offices at Bedford Row—he asked me if I would take shares, and I refused—I said I could not part with more than the £200—7s. 6d. would have to be paid on the shares at allotment, and there would be a further call—I was unwilling to take the risk—at the first interview I agreed to deposit £200, subject to his seeing my late employers, and to an agreement, which was to be drawn up if he was satisfied with my references—I was to see the agreement, and hear Errington's version before I parted with my money—in the first place I did not mention Errington—I said I wanted to see the office, and make some inquiries about it, and see how the thing was standing, and if everything was bona-fide—I think something was said about Errington at the first interview—I am not positive that he told me what Errington's position in the company was; I think he did—it was on the Monday that I agreed to pay the deposit if the agreement was drawn up, and my reference satisfactory, and after I had seen Errington, who was Richards' partner, or something of that sort—I understood that Richards and Errington were getting up the company—Richards at the first or second interview told me the company was formed, and he told me his position and Errington's position in the company before I saw Errington—I have never read more than the first page of the proof of the proposed prospectus—I took it away to read it if
I felt disposed to—I stopped just on the first paragraph—it was a first proof of the prospectus of a company to be incorporated, but I understood it had been printed for some time, and that, since the printing, the company was thoroughly formed—I was led to believe they would have the money as soon as Errington had got it together—he was only to speak and the money would come in hand over fist—Richards told me a prospectus was being prepared—I had never anything to do with companies before—I did not see the names of any directors down—I did not ask who the directors were—the object of the company was described as that of purchasing four cargo steamers—I do not suggest that Errington and Ward are the same person—I have seen someone who was introduced to me as Mr. Ward—Errington is described as of 25, Bedford Row, where I went—Richards told me that was the temporary office of the company—Errington said his firm had guaranteed £15,000 of the debentures—I don't know if he used the word "underwritten" or "guaranteed"—a gentleman appearing for Errington explained to me that they were somewhat similar terms—I understood Errington to be a man of money at that time—I did not know that he had gone about the country trying to get people to take shares in this company—two and a half months after I had parted with my money I heard that he had tried to get Mr. Barwick to entrust to Furness, Withey 'and Co. a cheque for £15,000—Richards told me that—I heard from Furness, Withey and Co. that Richards or Errington had found a gentleman with £16,000—I was not at 25, Bedford Row, on the Tuesday for very long—Furness, Withey and Co. were at one end of Hartlepool and I at the other; I was at their yard superintending the completion of the ship, they were building—I went to their office about twice—I saw Mr. Furness—I was in communication with Richards by letter while I was at Hartlepool—there was a difficulty with regard to the completion of the Windsor Park on account of a strike among the men connected with the machinery, but that was well known to Richards before I parted with my money—in consequence of that difficulty I suggested that it would be better to get a vessel more advanced, like the Rosebery—I did not like to see them keeping their money idle—that was after I was at Hartle-pool—Errington came to Hartlepool—while there he said he hurt his foot; he leant on me to get into a cab—I did not know he was laid up for a fortnight—I did not discuss with Richards how capital could be raised to get any of the ships—I mentioned to him what I thought would be a reasonable and fair way of raising shares for future boats, but nothing connected with those four boats; and only a day or two before he was arrested I mentioned it, seeing he was trying to work some other fake—it is becoming quite usual for captains to deposit money to be returned on leaving the, employ—Richards mentioned in his letters that Errington was away—they made the excuse that they had all this money, but it was positively to be for the first boat, this £30,000 they had—they could not get that boat, but they were prepared to buy another; they had the money, and if they could not get that, they would buy another—I never asked Errington for my money.
Re-examined. I noticed on the prospectus the words, "£15,000 of this has already been placed," printed in red ink—it caught my eye at once—Ward is described on it as secretary of the company—I hive seen him at
25, Bedford Row, but not in connection with this ship—I had no conversation with him about the ships—I was introduced to him as Mr. Ward; he never took any part in the company—I only knew since the case was committed for trial that Errington also went by the name of Simpkin—when Errington spoke about the £15,000 he spoke in such a manner as to lead me to believe that he was putting in the greater part of the £15,000 that was secured or guaranteed—in addition to the £15,000 underwritten or guaranteed he referred to another sum of £15,000 of debenture money that he actually had in hand—there was that £15,000, and £15,000 subject to twenty-one days' call—I am quite sure he referred to two sums of £15,000 each, making £30,000 in all—Richards had done the same before I saw Errington, and he did it in the presence of Errington—when I paid my £200 I asked if they could not give me some other security than the agreement—they said, "What security do you want more?"—there was the ship being built, they had the money in hand, and moreover it was deposited as security, and it was as safe as the bank; if anything went wrong my money would be returned at once—it was in my anxiety to get to sea that I suggested they should not wait for the Windsor Park, but take the Rosebery, as she was ready—I could not say when the Windsor Park was completed—the Rosebery could have been completed very comfortably by the first week in September, if they had paid the money—I put the matter in my solicitors' hands, in the first place, either to have my agreement carried out or my money returned—my solicitors received this answer to their letter of 1st September. (This was from Richards, expressing surprise at the letter he hand received, as he had no dispute with Captain James about their agreement; that James was aware of the dispute between the builders of the Windsor Park and himself; that as soon as he heard when the ship would be finished he would let Captain James know; that there was a company, but that it was not registered, and that there were good reasons for not registering it; that all the papers were ready to be sent to Somerset-House, and that the necessary capital for the purchase of the boat was ready, but that his friends would not part with it till the boat was ready; that if James wanted to resign he ought to send in his resignation, and that it was quite incorrect that James had parted with his money by false pretences, etc.)—this is the reply from my solicitors on 4th September. (This stated that they did not want to enter into a discussion as to whether the statements in his letter were correct, but that he could satisfy the requirements of their letter by documentary evidence that a company had been formed with capital, and that the only difficulty was about getting a contract for a boat; that they would not be satisfied if it turned out that the capital had been borrowed, because that would mean a mortgage on the vessel, but that they would also want a guarantee for the repayment of the £200 and the wages due to Captain James)—I saw Richards after that; he never offered me a guarantee for my £200—I commenced proceedings against Richards—he was then out of London, and so a warrant was obtained for his arrest—after he had been brought up and remanded, a summons was applied for on my behalf against Errington.
companies registered since 1856—no such company as the Park Steamship Company has ever been registered.
WILLIAM ROPER . I am London manager of a department of Messrs. Furness, Withey and Co., of 5 and 6, Billiter Avenue, shipbuilders of Hartle-pool—this is a copy of an agreement, made on 11th May, 1894, between my firm and E. M. Richards, under which he agreed to purchase from us the steel screw steamer No. 208—this is the original—we undertook to use our best endeavours to complete the steamer by 31st July—the price of the steamer was to be £24,500 on the basis of cash, £1,000, to be paid on the final adoption of this contract after the buyer's approval of the plans and specifications, and balance on the completion after a satisfactory trial trip—the deposit of £1,000 was never paid—I applied to Richards for payment several times between June and October, so far as I remember—we never got a single fraction of it—Richards paid nothing in respect of the ship, either deposit or purchase-money—I called at Bedford Row on Errington whose name Richards brought up as getting up the capital for the company—Errington said very little that was definite; he gave various assurances that this money would be forthcoming—I saw him three or four times about it; he said on the other occasions the same as he had said previously—on June 25th, 1894, we received this letter from An an a Ward and Errington. (Stating that owing to Mr. Errington's accident at the shipyard, which had incapacitated him from proceeding further, they should not be able to register before the end of the week; and that, as regards the deposit, Richards would receive the same upon the adoption of his contract by the company)—I believe the accident referred to was that Mr. Errington slipped on a plate and sprained his foot; I had no details about it—on August 2nd I wrote this letter to Errington. (Asking him to call at Billiter Avenue that afternoon, and stating that the limit of time for the payment of the deposit on the Windsor Park had been exceeded, and that it must be paid to-morrow, and that the question of the Rosebery could not be entertained until the payment of £1,000)—I do not think I got a reply to that until August 14th, when I received this from Anann Ward and Errington. (Stating that Richards had requested them to call on Mr. Furness, but that they could not do so as they had appointments; that if they were prepared to accept Richards' proposal, £20,000 cash on delivery of the Rosebery, and bills of exchange for the balance, the money would be forthcoming)—our firm wrote on 14th August to Errington accepting that proposal. (Agreeing to accept £20,000 on delivery and £6,750, the balance, by acceptances at six months with 5 per cent, interest, they handing over the securities of the steamer, and to hold a second charge on her, and that they would agree to make the date of the transfer Monday next)—that was ft definite acceptance by our firm of the proposal that the Rosebery, in addition to the Windsor Park, should be taken—the contract with regard to the Windsor Park was still treated as being open—I heard of a cheque for £16,000 being paid by Mr. Barwick in respect of this matter between August 18th and August 22nd; that was a cheque for money to be advanced on mortgage of the ship—that cheque was returned by us to the drawer—nothing prevented the Rosebery from being handed over except the non-payment of the money—the completion of the Windsor Park was delayed because of the strike; it could not have been handed over till
29th October—she went to sea on October 30th; we sailed her ourselves—the Rosebery was practically finished on 28th July, and she sailed on 14th September; she was ready and could have got away easily by 23rd August—we had other buyers for her.
Cross-examined by Mr. GEOGHEGAN. From May 11th till the middle of September we were in communication with Richards, either personally or by letter—I saw Richards on several occasions between those dates in London—he struck me as being desirous and anxious to complete the contract, and appeared considerably put out when there was a hitch in the matter—this letter is signed by Stevens, a director of our firm. (This, dated June 1st, 1894, and addressed to Richards, stated that he was glad to hear that he had got an underwriting contract, and everything in order)—Richards several times discussed with me the failure to pay the deposit—he said Mr. Errington was complicated with it—the impression on my mind was that Richards looked to Errington for payment of the deposit—he expected the money was coming through Errington as a medium—finally he gave me the impression that he was very angry with Errington for not putting him in a position to complete the contract—I thought that the money was to be supplied through Errington, and that Richards was to pay it over to us—we thought that Richards was interested in it to some measure, but not so largely as Errington—the Windsor Park and Rosebery are the only two steamers the purchase of which Richards discussed with me—by the agreement the Windsor Park ought to have been ready for sea on July 21st, but the strike occurred, and it was delayed, and the Rosebery was asked for instead.
Cross-examined by MR. GILL. With regard to the purchase of the Rosebery, £20,000 was to be found in money, and the balance in bills—we understood that Errington was engaged in the negotiation to get that money—Mr. Barwick is a gentleman of undoubted position, and we should accept his cheque for £16,000 without any fear—the £16,000 was not to be dealt with until the other £4,000 was found—it was not found, and then the cheque was returned.
Re-examined. When I spoke of £16,000 being found in cash, I was referring to Mr. Barwick's cheque, which was only deposited provisionally on the understanding that £4,000 was found—to our firm that £16,000 was to be cash, we had no negotiations for a mortgage on the ship.
JAMES WALLACE . I am managing clerk to Messrs. Botterill and Roach, solicitors, of Sunderland—we are solicitors to Mr. Barwick—on August 20th, 1894, Richards came to see us at Sunderland with reference to a proposed mortgage of the 88. Richmond Park as it was then called; it was afterwards called the Rosebery—as solicitors we had received this letter which had been sent to Mr. Barwick on 30th July, 1894, from Anann Ward and Errington, proposing the mortgage, and asking Mr. Barwick if he would advance £21,000 on the mortgage of that ship—ultimately he agreed to advance £16,000 on mortgage—he came to our office, and saw Richards, who urged him to advance at least £20,000, because he expected the total purchase-money would be £26,760, £20,000 of which was to be cash—Anann Ward and Errington had told us in correspondence that Richards was the buyer of the vessel, and was at Hartlepool, and he had been requested to call, and then we had a letter from Richards from the Royal Hotel, Hartlepool,
saying he would call, and he was then told to call on us—he came and introduced himself to us as the buyer of the vessel—Mr. Barwick agreed to advance £16,000, and would not exceed that—Richards was to see Furness, Withey, and see if he could arrange for the difference—we understood Furness, Withey were to have a second mortgage—I questioned Richards as to whom and what he was; I have notes of the interview—he described his firm as Middleton Richards and Co., of West India House, Leadenhall Street; that he was the sole member of the firm—we inquired about the insurance of the vessel, and he told us that John Hol man and Co., of London, were his brokers, and they were arranging the insurance; the vessel was to be insured for £33,000, of which policies to the amount of £27,500 were to be endorsed and handed to Mr. Barwick as mortgagee, and that at least £20,000 of those policies were to be with English underwriters—on the following morning Mr. Barwick handed me his own cheque for £14,000, and two other cheques in his favour, making altogether £16,000—the following morning Richards telephoned, and I went to Hartlepool and saw him at the hotel—he said Furness Withey were raising a lot of difficulties; and then he said they were getting up Tour or five different vessels—he said Mr. Furness would not accept less than £20,000 cash; that he (Richards) had assured Furness that the £4,000 difference in cash would be forthcoming on that day, and he produced to me a telegram from Errington with regard to the £4,000—Richards then told me that he had been trying to induce Mr. Furness to accept £16,000 only, the money on mortgage—Mr. Furness declined to do it—the cheque for £16,000 was deposited with Furness and Co. on the understanding that the other £4,000 was found—Mr. Richards produced to Mr. Furness, in my presence, the telegram he had shown to me, and told Mr. Furness he proposed going to London that night, and immediately he arrived the £4,000 would be forthcoming—it was arranged that he should act for Furness and Co. in preparing a second mortgage, and that the whole matter should be carried out the following morning at our London office—I handed Furness and Co. the cheques, and they gave me the builder's certificates, and an undertaking to hold the cheque to our order, we undertaking to hold the builder's certificates to their order until the matter was carried out—the £4,000 was not forthcoming, and four or five days later the cheques were returned by Messrs. Furness and Co. to Mr. Barwick—I did not hear from Richards after he left for London, but Mr. Roche saw him and Errington in London afterwards—Mr. Roche was going up to London that afternoon and was to complete the matter.
Cross-examined by MR. GEOGHEGAN. The telegram from Errington to Richards was to the effect, "Anticipate no difficulty raising 4,000 immediately you return. Come quickly."
Cross-examined by MR. GILL. Mr. Barwick first got into communication with Anann Ward and Errington, and afterwards with Richards and then the matter came into our hands—Richards came direct to our office, and we introduced him to Mr. Barwick—the interview at Hartle-pool was on 21st August, and I should say that within a week we had closed the whole matter—in purchasing a vessel for £26,000 or £27,000, it would be an extraordinary thing to lend £20,000 unless we were assured that the purchaser was providing the difference in cash, and had
the personal interest of £7,000 in the vessel—it was attempted to get our client to advance £21,000; or, on the other hand, that the ship-builders should accept £16,000 in cash, and the remainder in securities.
Re-examined. We would have advanced, and were intending to advance £16,000, with the knowledge that he had no cash, because, of course, Furness and Withey were able to look after themselves, but we would not have advanced £20,000 unless we were satisfied that the difference between £20,000 and £26,000 was provided in cash, so that the mortgagor had a real interest in the vessel.
HENRY EDWARD BLAKENEY . I am an inquiry clerk in the London and South Western Bank at their head office, 170, Fenchurch Street—I produce a certified copy of the account of Edward Middleton Richards, trading as Middleton Richards and Co.—on 12th June £200 was paid in by this cheque—at that date Richards' balance was £1 14s. 11d.—on 13th June a cheque for £50 was paid out, and on 30th June another cheque for £100 was paid out—on October 7th Richards' account was overdrawn £3 9s. 5d.—in consequence I wrote two letters to Richards—I had no answer; my letters were returned marked, "Gone away."
Cross-examined by MR. GEOGHEGAN. This is Richards' pass-book—the cheques for £50 and £100 on 13th June and 30th June appear to be paid to Messrs. Anann Ward and Errington—we put the payee's name in the pass-book.
JOSEPH WILLIAM MAUNDERS . I am a clerk at the London and Midland Bank, Clerkenwell Branch—some time ago we had a customer named Simpkin; Errington is he—he was not always clean shaven—he said he had been to a fancy dress ball in the character of a judge, and had shaved for that—some of the cheques paid in were payable to Anann Ward and Errington—we had no account in that name—on the night of the 12th of June Simpkin's balance was £22 17s. 11d.; £11 was drawn out next morning, and then a £50 cheque on the London and South Western Bank was paid in—on the 29th a £100 cheque on the London and South Western Bank was paid in.
Cross-examined. A customer of the bank introduced him—I produce a copy of the account from 31st May to 30th November—I don't think there have been any transactions since then—the total amount of money paid in between 31st May and 30th November was between £1,300 and £1,400, and the same amount within £1 or £2 was drawn out, leaving a balance of £1 13s. 8d. in his favour.
The Deposition of ARTHUR WALTERS (Detective Sergeant E) was read as follows: "On Sunday, 4th November, I found Richards detained at Criccieth Police-station. I read my warrant to him; he made no answer. I conveyed him to London; he made no reply to the charge at Hunter Street Police-station."
Witness for Richards.
ROBERT GEORGE PERRYMAN . I am a clerk in the employ of Anann Ward and Errington, 25, Bedford Row—I signed the agreement, of which this is the counterpart, as attesting witness, on 29th May. (This an agreement between Middleton Richards and Anann Ward and
Errington, to the effect that whereas Richards was desirous of forming the Park Steamship Company, with nominal capital £15,000, and a first debenture issue of £1,500 on each steamer having a contract price of £25,000; and whereas Anann Ward and Errington had underwritten the debentures, and promised to assist in promoting the company, they should be entitled to certain commissions, and Richards agreed to pay them £175 towards their expenses.)
Cross-examined. Mr. Anann Ward is here in Court to-day—I was clerk to this firm, at 25, Bedford Row, for about seven or eight months, from the end of May—I was there this morning, and I have been there every day—the firm has no banking account, to my knowledge—I suppose I should know if they had one—I am clerk at a salary—Errington's right name is Simpkin—not more than two letters came in that name to the office while I have been there—I know nothing about the details of the Park Steamship Company—Anann Ward and Errington were accountants.
Witnesses for Errington.
JOHN MUIR . I am a magistrate for the County of Ayr—I am proprietor of "Bovine"—I turned my business into a company recently, and in connection with it was brought into contact with Errington about twelve months ago—during the whole time I saw him he conducted himself in a thoroughly reliable, respectable, and desirable manner in every way; I was most favourably impressed with him—he was concerned as an accountant in turning my business into a company.
JAMES THOMAS ACKERMAN . I am manager of the Grand Hall, Clapham, which was formed into a company last September—I introduced the matter to Errington, and he successfully floated it, and behaved in a thoroughly honourable manner throughout the whole transaction.
GUILTY— Judgment respited.
NEW COURT.—Thursday, January 10th, 1895.
Before Mr. Common Serjeant.
MESSRS. GRAIN and KERSHAW Prosecuted, and MR. HUTTON Defended.
HARRY DIX . I am carpet salesman to Maple and Co., Tottenham Court Road—on November 5th the prisoner came and said his name was Harvey, of 30, Talbot Road, Bayswater, and he wanted a carpet; he chose one, price £6 10s.—I said, "Will you pay cash?"—he said, "No, I am buying for my father"—I said, "Who are your father's bankers? I want a reference"—he said his father gave him no authority to do so, but added, "If you wish for a reference, we are well known at Whiteley's"—I left him for a few minutes, and returned and said, "We will accept a reference to Whiteley's "—he left, and in consequence of what he said, I allowed the goods to go.
Cross-examined. He purchased the carpet for his father—he simply said, "F. Harvey"—I have nothing to do with the counting-house.
CHARLES ROBERTS . I am a salesman in the carpet department of Maple and Co.—on November 6th the prisoner came for 11 3/4; yards of under felt, for putting under a carpet—it came to 15s. 8d—he then selected some linoleum and goods to the value of £3 9s. 5d.—he gave the name of F. Harvey, Esq., 30, Talbot Road, Bays water—I asked him if he would pay for the goods—he said, "No"—I said, "Have you an account?"—he said, "Yes; I want the goods home to-day"—I went to the counting-house, and in consequence of what was done there I let the goods go.
THOMAS JAMES GAMBLE . I am a salesman in the bedding department of Maple and Co.—on November 7th the prisoner came and selected bedding and other articles, which came to £5 8s. 6d.—he wanted them entered to his father-in-law, F. Harvey, Esq., 30, Talbot Road, who had an account with us, and gave the name of Russell, 24, Northumberland Place, Bays water—I went to the counting-house for instructions, and the goods were stopped.
Cross-examined. He did not give his own name as F. Harvey—Russell was the name where the goods were to be sent—this is my note-book—it contains an entry of the transaction—there is no person named Russell a customer of ours.
JOHN ARTHUR WHEATLEY . I am a clerk in the counting-house of Maple and Co.—on November 5th, in consequence of what Dix said, I telephoned to Whiteley's, and received a reply, in consequence of which I ordered the carpet to be delivered.
ERNEST EDWARD ELLIS . I am a ledger clerk at Maple and Co.'s—I have power to let goods go if I am satisfied with the references—on November 5th and 6th I authorised these goods to be sent—on the 7th I sent a letter, of which this is a copy, to Mrs. F. Harvey, 30, Talbot Road, Bayswater. (Enclosing an account for £15 3s. 7d.)—I received this reply.
HENRY SIMONS LAMBERT . I am a clerk in Messrs. Whiteley's counting-house, and was so when the prisoner was a clerk there—I have seen him write; this is his writing. (This acknowledged the receipt of the account, and requested them to send a full account when he had completed his order, and in the meantime to send the bedstead to his sonrin-law, and in future to address him, "F. Harvey, Esq.," and not "Mrs. Harvey.")
E. E. ELLIS (Continued). I then sent this letter. (To F. Harvey, Erg., dated November 9th, and requesting him to send £10 on account.)—I heard no more of him; we have not been paid.
H. S. LAMBERT (Continued). I know the prisoner as Frederick Burdon—he was in the counting-house up to August last—he was there about ten months, and had an opportunity of learning who were credit customers of Mr. Whiteley—Mrs. Harvey, of 30, Talbot Road, was one of them, and had been for some time—she was the only Mrs. Harvey in Talbot Road who was a customer—on November 7th we received this letter. (Signed H. Russell, 24, Northumberland Place, Bayswater, ordering tea, coffee, and chocolate, and giving as a reference F. Harvey, Esq., their customer.)—that is in the prisoner's writing—the goods were sent, but not being paid for they were returned—all these letters, postcards, and memoranda are in the
prisoner's writing. (These were signed "F. Harvey," 30, Talbot Road, and one of them requested that the account might be kept separate from Mrs. Harvey's account. They ordered blankets, a quilt, ties, brushes, curtains, wine, a ham tobacco, cigarettes, and other articles.)—all those goods were delivered, except a bedstead and a fender—on the 19th or 20th we sent an account of all the goods in the provision department to Mrs. Harvey, and she made a communication to Mr. Whiteley—on November 23rd I went to 4, Chapel Street, Lamb's Conduit Street, where I saw the prisoner, and recognised him as my fellow-clerk, Burdon—he was living there as Burdon—I said, "You have been living at 30, Talbot Road, in the name of Harvey?"—he hesitated, and then said, "Yes, I have"—I said, "You have obtained goods from Mr. Whiteley in that name?"—he said, "Yes, I can use any name I please; a fellow must do something for a living, have I done anything that they can put me away for? most of the goods here do not belong to me, however did you know I was here? when I first went to 30, Talbot Road, I did not know that the occupier's name was Harvey, but having seen goods left without payment, I thought I might as well have a bit out of old Billy"—I suppose that meant Mr. William Whiteley—I said, "Come to Westbourne Grove"—he went there, and was detained while inquiries were being made—these two documents in Mr. Barker's case are both in his writing—he did not tell me he had got money in the bank and was going to pay.
Cross-examined. He had received a bill for £1 9s., and one of £8 had been sent in for the mattrass—I know that 30s. for the mat trass had been given to his landlady—he had been four years at Pawson's before he came to Whiteley's—each ledger clerk assists in posting the ledgers—the prisoner sat opposite W to Z, not opposite the ledger with Mrs. Harvey's name—he did not tell me he had just been married; he told me he was living then with a fellow who was in business in the City—I saw these new things all about the room; they are in the hands of the police.
By the COURT. I saw Mr. Whiteley's goods in the room—the value of the things consumed is very trifling; only the wine and a portion of the ham.
EDMUND ALLEGUEN . I am a ledger clerk at Mr. Whiteley's—on November 10th an order was produced to me, and I referred to the ledger, and finding that Mrs. Harvey, of 30, Talbot Road, was a customer, I gave orders for it to be delivered, without payment on delivery—if I had known that Harvey was Burdon, formerly a ledger clerk, I would not have parted with the goods.
CHARLES HEATH PINNOCK . I am confidential clerk to John Barker and Co., of Kensington—on November 17th this order form was handed to me with other letters of a similar character—we enclose the forms with the patterns. (This ordered 8 1/2 yards of fringe, handkerchiefs, and other articles to pattern, and stated, "Mr. Harvey wishes to open an account with you. Please enter to F. Harvey, Esq., not Mrs. Harvey. Reference to Whiteley.")—I believed that Harvey had an account there, and that he was justified in referring to Whiteley—had I known that his name was not Harvey, but that he was Burdon, a ledger clerk, I would not have sent the goods—we received this letter without date, but our reply is dated the 19th. (Ordering a lamp and shade, saucepans, and
table-covers, giving the measurements.)—that order was executed; we have never been paid—the value is £4 0s. 10 1/2 d.
Cross-examined. The goods are all in the hands of the police except two handkerchiefs.
EDITH HARVEY . I am the tenant of 30, Talbot Road, Bayswater, and let part when I can—at the end of October the prisoner took a furnished bedroom at 7s. 6d. a week, and gave the name of Harvey—he is not a relative of mine—I am a widow—soon after he took possession some goods were delivered, and the bill was directed to Mrs. Harvey—I am a credit customer—I showed it to him; he said it was a mistake, and he would get it rectified—the goods were taken away by a cart, and I suggested that he had better get other lodgings.
Cross-examined. A mattrass was sent to him, the bill for which was sent to me—he paid me for it.
Re-examined. It was charged to my account—he gave me 30s., and I allowed him to take it away—he came next morning and asked for the 30s. back—I would not give it to him.
LUCY WILLIAMS . I live at 24, Northumberland Place, Bayswater, and let a portion of the house—on a Tuesday early in November, the prisoner came and took an unfurnished room at 3s. a week—he gave the name of Russell—I asked for a deposit, but did not get one—he said, "You had better not have a personal reference, write to Mr. Harvey; he is something in the City"—I did not do so—some grocery was brought—I refused to pay for it, and it was taken back—when he came I told him so, and never saw him again till he was at the Police-court—he never slept in the house—he came the following Saturday to know if the goods had come—he did not say that he had a banking account.
Cross-examined. He did not say he was taking the room for a man named Russell, he said for himself.
THOMAS MURGATROYD . I am a builder, of 4, Chapel Street, Lamb's Conduit Street—early in November the prisoner took two unfurnished rooms in my house, in the name of Frederick Burdon—he paid 10s., which was a week's rent, in advance, as a deposit—he only spent one night there, which was the night before he was arrested—the furniture came in, and he spent one night there with his wife.
JOSEPH PATON . I am a carman—on November 21st I went to 39, Chichester Road, Kilburn, and from there, with the prisoner, to 30, Talbot Road, Bayswater, and took about half a load of articles to Chapel Street, Lamb's Conduit Street.
ROBERT FULLER (Detective Officer) On November 23rd I went to "Whiteley's and saw Lambert and others, who made a statement in the prisoner's presence—a number of documents were shown to me—I said something about forging a request—the prisoner said, "Not so bad as that; I have not forged anyone's name "—he was taken to the station and charged with this offence—I found on him seven keys, some pawntickets, and 9d.—on the 24th I went to Chapel Street, Lamb's Conduit Street, and took possession of some goods, of which I have a list—all those things have been identified—on the way to the station he said, "I have been ill, or I should not have done this."
Cross-examined. He said, "Surely I may give what name I like?"—I found he was at Pawson's four years.
GUILTY — Nine Months' Hard Labour.
MR. HUTTON Prosecuted.
GUILTY— Judgment respited.
OLD COURT.—Friday, January 11th, 1895.
For cases tried this day, see Surrey Cases.
FOURTH COURT, and
THIRD COURT.—Friday, January 11th, 1895.
Before Mr. Common Serjeant.
MR. BAYLIS Prosecuted.
ANNIE MORTIMER . I live at 3, Chesnut Grove, Twickenham—I have been living with the prisoner as his wife for some time past—on December 10th I came home about 11.30 or 11.45 a.m.—the prisoner came home about 12.45 p.m.—he went upstairs and came down, and said, "I heard you were talking to your husband on Saturday night "—I have a husband—I did not say anything—he said, "I will see you don't see him to-night; I will murder you and get hung for you "—he had had a little drink, I think—he was not the worse for what he had had—I asked him what he meant—he said he would show me, and he came up to me and I moved towards the front door—he said, "If you want me to do it, I will do it in front of the bally lot"—one or two neighbours were standing there—my child and a friend's child told me he had a knife in his hand—I walked out of the house and went to the top of the street and spoke to a constable—while I was talking to him the prisoner came up, and asked me what I was saying to the constable—I said, "I am asking for protection, as you are threatening my life "—the constable said, "It is a wrong thing to do, young man; do you hear me?"—the prisoner said, "No, I do not," and he out with his knife and struck at me with it—I put up my hand to protect my head, and the back of my hand was cut—I had two cuts, both on the left hand; I think both came from the same blow—he struck at me again, and it seemed to catch me on the shoulder, but did not enter the shoulder or mark my dress—then the constable dragged him away from me, and Hawkins came up and assisted him—the prisoner struck at Hawkins with the knife; I noticed that his face was cut—the prisoner was taken to the station—I was seen by a doctor—I had lived with the prisoner about eleven weeks—I left my husband to live with the prisoner through the prisoner's threats of what he would do to me if I did not—he has knocked my husband about when he has been with me—I have known. the prisoner from a child.
Cross-examined by the prisoner. While you were striking at me the policeman was talking to me and you.
WILLIAM BROWN (615 T). At 1.30 p.m. on December 10th I was in the Staines Road, when the prosecutrix came up and spoke to me—the prisoner then came up and asked me what was the matter—I said, "Not much "—the prosecutrix said, "You know what you threatened to do to me, and I stopped the constable for protection"—the prisoner said, "You b—swine! I will, too," and he struck at her with his hand and drew an open knife from his pocket with his right hand—I made a run at him across the road and caught him by the back of his collar—he struck at her violently eight or nine times with the knife, but could not reach her because I held him back—then she made her escape across to a shop—it was all done in a second or two—he only reached her hand, which she put up to protect her head—I could not say whether he hit her more than once—Hawkins came up—the prisoner struck him with the knife and cut his cheek—he did not injure me—when I had the prisoner by the back of the neck he said, "You b—pig, I will stab you!"—I said, "Will you?"—he made a drive at me with the knife—I bobbed my head down, and escaped the blow, and then Hawkins came up, and the prisoner made a rush at him, and Hawkins closed with him, and they fell to the ground—I had been there two or three minutes before Hawkins came up—I took the knife from the prisoner when he was on the ground—we always carry truncheons.
EDWARD HAWKINS (518 T). About 1.30 p.m. on December 10th I was in the Staines Road, and opposite the Green I saw Brown in pursuit of the prisoner, who was pursuing the prosecutrix—the prisoner was five or six yards ahead of Brown before Brown started in pursuit of him—I had not seen anything previously—before I got up I saw the prisoner striking at the woman—I did not see the knife till I got up, and then I saw the policeman struggling with him, and preventing the prisoner from striking the full force of his blow at the woman—eventually she got away—I doubled across the road to them—the prisoner broke away from Brown, came up to me with a knife and said, "You b—! I will strike you"—he made a blow at me—I avoided it, but the point penetrated my left cheek, which bled profusely—I closed with the prisoner; we fell to the ground—I struggled with and overpowered him—he was very violent at first—he said if I let him get up he would go to the station quietly, and he went with me—he was under the influence of liquor I should say, but he knew what he was doing—if a policeman found a violent man with a knife stabbing repeated blows at a woman, it would be his duty to use his truncheon to prevent further mischief—Brown has only been a few months in the force.
MARTINDALE WARD . I am divisional surgeon of police at Twickenham—on 10th December I was called to the Police-station, where I saw the prisoner, the prosecutrix and Hawkins—the prisoner had a cut on the little finger of the right hand, and cuts across the fore and middle fingers, of the left hand, as if he had grasped the knife in taking it from his pocket—the prosecutrix had two wounds on her left hand, the skin was shaved off the forefinger knuckle and there was a punctured wound on the back of the hand—those two wounds might have been done by the same blow, but probably they were done by two—this knife would hav
occasioned them—Hawkins had a cut on the left cheek and another cut behind and below the left ear; that was not a dangerous wound, but it was in a dangerous position—I do not think the same blow could have caused both these—this knife might have caused them—the prisoner was not sober, but I think he knew what he was doing; but I don't think he cared.
MARK ROBINSON (Sergeant 102 T). About two p.m. on December 10th the prisoner was brought before me and charged with this offence—the prisoner said, the prosecutrix being present, "There will be a day to come yet, Annie; when I come out I will finish you."
The prisoner, in his defence, slated that he had been drinking, and had not seen the prosecutrix from Saturday till Monday, and that directly he got in the house she began bullying him and that he got excited and did not know what he was doing, as he got queer in the head at times from drink.
GUILTY of wounding with intent to murder.
There was another indictment against the prisoner for wounding Hawkins. The prisoner had been twice confined in Brookwood Lunatic Asylum, and twice convicted for assaulting the prosecutrix's husband. DR. WALKER stated that he had examined the prisoner and found no evidence of insanity. Ten Years' Penal Servitude.
160. WILLIAM GEORGE STONE , Feloniously setting fire to his dwelling-house, Esther Stone and other persons being therein. Second Count, attempting to set fire to his dwelling-house under such circumstances that if the house had thereby been set fire to he would have been guilty of felony.
MR. JONES LEWIS Prosecuted, and MR. GEOGHEGAN Defended. JOHN STONE. The prisoner is my father—I live with him at 118, Gowan Avenue, Fulham—just after eight a.m. on December 27th my mother called me, and I went downstairs into the front parlour, where I saw my father with a stick walking about and saying he wanted to find the dog to hit it—we had a dog—my father was dressed—he was not sober—I said, "Don't hit the dog"—he said, "I will hit you"—he struck at me with the stick, but missed me—the stick fell from his hand—he clenched his fist and fell on me, and we both fell together—my two brothers, George and William, came in and pulled him off me—I then went into the back parlour out of his way—he followed me there, seized me, and held me in the corner—I called for help—my two brothers pulled him off—one of them is older than I am—my father fell on a box and lay there, helplessly drunk—the room (the back parlour) was full of boxes, there was no fire in the grate—we all went upstairs into the front bedroom—mother next came upstairs and stopped there—soon after I heard father shouting up the stairs that the back room was alight, "Burn up! burn up!"—the house was getting full of smoke—my eldest brother jumped out of the window—I opened the door and saw smoke coming from the lower rooms—I did not go downstairs.
Cross-examined. My father was mad drunk—when he tumbled and fell on the boxes I left him, thinking it was best for him to lie there and sleep it off—I am sure he did not know what he was doing.
was in the wash-house next the kitchen—I saw my father come into the kitchen; he was drunk—there were some rags there which he put on a Windsor chair near the dresser, and about a yard from the fireplace—he lighted the rags with a match—he did not see me—then he went and stood outside the back parlour door with a razor in his hand—I threw open the door leading into the wash-house, and he saw me and said, "Don't open your mouth, or else I will cut your throat"—I put out the fire on the chair in the kitchen—the back of the chair and front of the dresser were burnt—the dresser is wood and is fastened on to the wall—the chair was just against it, the back of the chair was at the dresser—a policeman came, and after he had come I saw some rags burning on the floor of the back parlour in front of the fireplace; there was no fire in the grate—I believe there was a carpet in the room, I did not notice—the wood of the floor was burnt, I am sure—I put out that tire with water—there was only one fire in the back parlour—when I was putting the fire out my mother, sister, and two brothers came downstairs and helped me—they were in the house.
Cross-examined. They came down after the policeman came—about two buckets of water put the fire out—when I say that the dresser was burnt, I mean that the paint in front of it was scorched, and when I say the floor was burnt, I mean that the top of the boards was scorched in two or three places.
HENRY HATCH (246 T). About 8.45 on 27th December, I was called by George Stone to the prosecutor's house—I found the prisoner at the bottom of the stairs with this razor open in his hand; he was brandishing it about—he appeared to have been drinking; he was not drunk at the time—he seemed as if he had been on the ground and was getting up—I asked him what he was doing, and he immediately shut it up and said, "I am done," and gave it to me—I took him into custody—the house was full of smoke, there was fire in two rooms; the back parlour was nothing but flames when I opened the door—I called the sons downstairs to put it out, and sent for the fire-engine; by the time it arrived the fire was out—I went into the back parlour after the fire was out—I saw the place had been all afire; the fire had been all over the floor, the boards were scorched all over the floor, I think—in the kitchen the back of the chair had been burnt very much, and the drawers of the dresser, against which the chair was, were burnt—the dresser was scorched—the front of the drawers was burnt pretty near out, and the framework was burnt too—the floor of the parlour was burnt very little, just scorched.
Cross-examined. I should not think the prisoner was trying to shave, or to cut his throat or mine; he was waving the razor about—I should not say he was perfectly sober; he seemed as if he had had a lot of drink, and was just recovering from it—he was taken to the station at once, and to the Police-court in the afternoon—he has been in custody ever since—I should say he was on the verge of delirium tremens.
JAMES WELLER . I am engineer in charge of the Walham Green Fire Brigade—at 8.52 a.m. on December 27th I was called and went with the engine to 118, Gowan Avenue, Fulham—I found there had been a small fire in each of two back rooms on the ground floor—in the kitchen I found some wearing apparel on the back of a chair, and the front of the dresser burnt; as far as I could see the chair had been standing against
the dresser, with clothes on the top of it—the front of the drawers of the dresser was charred, not burnt out, the dresser itself was not burnt—the back of the chair was burnt pretty well away—it had been put out before I arrived—in the next room I found wearing apparel scattered about and burnt—I did not notice the floor—there was no fire in the grate—the dresser was about six feet from the fireplace—I asked the prisoner how he accounted for the fire, and he told me to ask someone else.
THOMAS FORD (Sergeant 95 T). At 9.10 on 27th December I went to this house—I saw the fireman, and from what he said I saw Arthur Stone, and then I went and told the prisoner I should arrest him for setting fire to the house to the danger of the people in it—he said, "You will have to prove that I set it on fire"—I took him to the station; he made no reply there when charged—he appeared to have just got over a very heavy drinking bout—he knew what he was about when I saw him.
Cross-examined. He was perfectly sober when I saw him; I should say he was as sober as I am now—it was 9.10—I heard from the constable that he had been waving a razor about and shouting, mad drunk, about an hour before I arrested him—I still say he was perfectly sober—the sight of a constable frequently sobers a drunken man when a thing of this sort occurs.
The COMMON SERJEANT considered that there was no evidence to go to the JURY on the first Count.
A witness deposed to the prisoner's good character.
NOT GUILTY .
161. RICHARD SCHNEIDER (35) , Feloniously setting fire to the dwelling-house of Veronika Bohlen, she being then therein. Second Count, setting fire to articles in the dwelling-house, with intent to injure.
MR. RAVEN Prosecuted.
Thee evidence was interpreted to the prisoner.
VERONIKA BOHLEN . I live at 2, Lathom Street—the prisoner has lived there with me for some time—on Tuesday night, 11th December, he came into the kitchen about eleven, and said, "You remember me yet. I will make you cry"—that was his usual observation when he came home drunk—we had a game at cards, but he could not do anything he was so very drunk—he is not always drunk, only now and then he had a break out—he left the room saying, "I am going to bed"—I said, "You had better go and have a sleep," and he said, "Very well"—he went into the passage, and took this lamp with him and went upstairs—after about three minutes he came back to the kitchen, and set the lamp on the table—he then went outside, and I said, "Will you be long?" and he said, "Not long"—a little dog left by a friend came and scraped on my dress; I was going to open the kitchen door for the dog—the prisoner said, "Don't leave the little dog by itself"—he then went out of doors—after that I went upstairs and found some clothes in a drawer of a chest of drawers were alight; the drawer was open—the prisoner had had a little polish and varnish, to polish my drawers and tables—that was in a few little bottles in a cupboard—when the policeman came up I saw those bottles on the washstand—the prisoner had put them in the cupboard that
same week—I cannot say if he took them out that day or another; I did not see him take them out or do anything with them—the prisoner was quite stupefied with drink; he did not know what he was doing; he was so stupefied he fell from one side to the other.
The JURY here intimated that in this case, as in the last, it seemed clear that the prisoner was so drunk as not to know what he was doing, and they found him
NOT GUILTY .
OLD COURT.—Saturday, January 12th, 1895.
Before Mr. Justice Lawrance.
MR. TORR Prosecuted, and MR. PURCELL Defended.
ALFRED WALDEN . I am a labourer employed at Ridley, Whiteley and Co.'s floorcloth factory in Angel Street, Edmonton—I was at work there on the morning of the 24th December—I knew the prisoner and the deceased William Clark—Clark was in charge of a van belonging to the contractor for canvases—he had to cart the canvases from the barges on the wharf to the workshop on the River Lea, that is a distance of from 150 to 200 yards—Green was ganger over the canvases, and was in charge of the working party in the barge, which came in about nine to 9.20—the loading of the van began as soon as he came—Clark was there, but he was at the other end of the shed, he did not appear in time—Clark said to Green, "I want you to go to the workshop with this load," and he kept swearing at him—Green took no notice of it—the van was loaded and went on—Clark came up several times that morning and was swearing at Green—it went on till about twelve, when Green told him to come out of the canvas shed—he did not care about coming out, and he began swearing at Green again—at last Green said, "Are you going to be quiet, or do you mean to have a row?"—Clark said, "I don't care," and then Green struck him and he fell down—I picked him up and Green also—he was unconscious—in a short time he recovered—Green suggested that he should be taken to the hospital—he did not go, he wanted to look after his horse—Green said, "Will you go and see a doctor?" and he said to Wheeler, "Will you take him to the hospital?"—he said, "Yes," and he did so.
Cross-examined. Green has been some time in this employ, and he is a good-tempered man—I have only been at the works about five months—when Clark came up he began to grumble and swear at Green, after having had a few words with Joe the bargeman; he called him all manner of foul names, and went on from nine to twelve—he was in drink, he had been drinking all the morning—he was following Green about and poking his nose up into his face—the blow and fall were all in an instant—Clark was on the reel at the time, and lunging towards Green, and Green gave him a sort of shove, whether with his open hand or not I could not say—it was more a push than a blow—Clark's hand was raised at the time as if to strike Green—there was a sort of incline at the spot, and the stones were slippery, the least touch would upset him—Green appeared to exercise great control over himself.
WILLIAM SMITH . I live at Chingford—I am under-foreman at Ridley's—I was at the factory on Christmas Eve—I saw Clark, who was engaged by one of the contractors, driving vans to the factory—I heard him using bad language to Green—I noticed that the first thing after breakfast, and it went on all the morning; he was the worse for drink—at the barge where we were at work at a quarter to one I was standing at the back of the cart that had the canvas in—Clark's van was about fifty yards away—he came towards us and abused Green, who was helping to unload the cart—I did not notice what Green said—he struck Clark in the face and knocked him down on his back, and his head went on the stones in the yard—he was insensible when he was picked up—his head was cut at the back—it was only one blow—before dinner Green was angry with Clark for wanting him to unload his van.
Cross-examined. I could not say whether the blow was with a clenched fist or not—I have been seventeen years with the firm—I believe Green has been there fifteen years—he is a good-tempered man, liked by all his shopmates—I was surprised that he had put up with Clark's insolence so well as he did—he showed great self-command—Clark was calling him all manner of names—Green took no notice—it went on from nine till twelve, continual abuse and foul language—he was in drink when he came in, and he had been drinking all the morning—he stood in front of Green—I did not see him reel towards him in a threatening way.
FREDERICK WHEELER . I am a carman in the same employ as Clark—on Christmas Eve I was with a cart at the works—when I came up there was a discussion about taking Clark to the hospital—he did not want to go—I persuaded him to go, and went with him to have his injury dressed—I waited till he came out, and he drove part of the way home—he had half a pint of ale on the way—he began to get a bit sleepy, and I drove home—we got home about four, or a little after—I put him in charge of the landlady and came away.
Cross-examined. When he came out of the hospital he said it was a nasty cut in the same old wound.
NOT GUILTY .
NEW COURT.—Friday and Saturday, January 11th and 12th, 1895.
Before Mr. Recorder.
163. JOHN HARRINGTON (43) and JOHN HORREX , Conspiring to defraud Charles George Stewart of £30, and obtaining £23 from him by false pretences, and conspiring with ARTHUR SEATON to obtain £100 and four bills of exchange from Frederick Toye, by false pretences.
MR. C.F. GILL and MR. TRAVERS HUMPHREYS Prosecuted; MR. C. MATHEWS appeared for Seaton,
ELIZA STEWART . I am a widow and live at 139, Hermit Road, Camden Town—Charles George Stewart is my son—in August, 1892, I saw an advertisement in the Daily Chronicle: "Man and wife wanted to manage beerhouse, must deposit £26 as security "—I went to 70, Gold Street, Bethnal Green, and was referred to 15, Assembly Passage, and was referred
to the Maltsters' Arms, where I saw a young lady behind the bar and the prisoner Seaton, who showed me over the house and said they had taken £10 a week, and that he was allowed to sell Mann and Crossman's bottled ale and stout—I then went back to 15, Assembly Passage, which is a factory, and saw Mr. Stevens—I met Harrington, who said, "I am the proprietor of the house, that man is only agent"—I said, "I will see him in the morning"—he said you will be there to-night—he said that it was his daughter who I saw behind the bar, and the elderly man was the manager for the present—he also said, "Come this evening and bring the deposit with you"—he did not say how much—I went that evening with my son and the deposit—after my son had been there some time as manager, I saw Harrington on October 14th at the Maltsters' Arms—the brokers had been put in for rent by the brewer, and he came to see what was to be done—after my son left I saw Seaton on October 31st, 1892, in Mr. Klench's office—he and young Mr. Woods came out of the office—he said he was Harrington's solicitor—I said I had come about my son's money—he said he had not £1 to pay us, he had taken up Harrington's affairs and would pay my son £1 a week if he would accept it—I said, "I cannot say that he will, he will expect a lump sum as he paid it down"—he said that Harrington had not got the money and could not do it, but he would pay him £1 a week provided we would not annoy Harrington or Horrex—I said that I should not annoy him, and I was sure my son would not if he got his money back—he did not explain how Harrington was going to get £1 a week; he said he was finding Harrington work to keep him respectably—I got this letter from Beaton. (Dated February 8th, 1892, stating that he should be able to get her some money very soon, on behalf of Harrington, and expressing his regret that she had gone to a solicitor.)
Cross-examined by MR. MATHEWS. I was examined at the Police-court in October and November, and spoke of these occurrences in 1892—I went to Mr. Klench's office, a public-house broker in Mile End Road, and afterwards went to see Seaton in Lombard Street—he said he would assist Harrington in paying the money back.
Cross-examined by Harrington. I have never seen you since October 14th—I did not say that I had taken a house at Poplar and shake hands with you—I made several inquiries and you could not be found.
CHARLES GEORGE STEWART . I am the son of the last witness—she drew my attention to the advertisement, and I went to the Maltsters' Arms and saw Harrington and Stevens—Harrington said that he wanted a manager, that the house was his own; he had not long bought it, and, if I suited him, he would have it thoroughly done up—he engaged me at £1 a week and wanted £36 security—I said, "In the paper it looks like £26 "—he said that must be a mistake—the security was to be returned in full if I did not suit—Horrex was sitting outside the door on the steps, and I should say he could hear the conversation—Harrington said that the trade was £38 or £40 a month, that he was a matmaker, and that he had another house, the Marquis of Lorne—a man named Hiscock came in—he asked what I was prepared to pay—I said £5—he said, "as you were here first I will accept your money"—Stevens wrote this receipt "Received of C. G. Stewart £3 on account of £30 "—it was arranged in the evening that I should pay him the rest, which I did, and got this
receipt for £23, which was signed by Harrington on August 8th, 1892—when I moved in on August 6th the house was full of people—I gave Harrington another £5; this is the receipt for it, signed by him—I gave up my situation to go in—Horrex was upstairs with a very bad leg—the business was very bad, only about 5s. a day—I spoke to Horrex about it, and he said that the depression was caused by the factory; they did not employ so many men, and therefore could not spend so much in beer—the factory was Harrington's—I only once saw the same number of persons drinking as when I went in, and that was the night afterwards—I was there nine weeks—when I went to Assembly Passage they said that Horrex was not in—I went up to his office and found him there—we had some high words, and he said he would try and sell it—I gave him notice—he came and saw me there—he said if I would stop he would transfer the license to me, and that he was not in a position to supply any more beer; would I do so?—I agreed and pawned the piano for £6 to do it, and raised £10 on other furniture—brokers were put in—Harrington said that I should have my money back, and gave me these two bills, one for £25 and the other for £30 10s.—my salary was £1 a week—I received nothing, and took £2 8s. out of the takings—his daughter took the takings home at night, and he went round for them—I first saw Seaton at Assembly Passage after I left the house; Harrington was there—I was promised £5 that day—I did not get it, and told him he was a d—d villain, and we got to blows—Seaton said that Harrington was a very honest man; he was prepared to pay £1 a week if I did not prosecute Harrington—I said that it was a fraud—Seaton said, "You will have to prove that; it is no use prosecuting Harrington, as he has nothing," and that he had taken an assignment of everything belonging to Harrington, and had taken all his liabilities over—I received this letter from Seaton: "December 2nd, 1892. Dear Sir,—Owing to delay in the receipt of accounts from the country, I have not been able to send you any cash, but directly it arrives I will send it"—he paid me £5 or £6—when Horrex left I suggested that he should turn the license over to me, as I could not sell beer without a license—he said he would take a sovereign for it—I gave him 10s. deposit, and Harrington came in the same night and asked me if Horrex had been about the license—I said, "Yes," and I had paid him 10s.—he said, "Pay me 10s.," and I did so—Horrex brought the certificate on the Monday, but not the license—the license was never transferred to me—I afterwards saw Harrington and Horrex together, and told them I had been to the brewers about it, and found it was a fraud—he said, "It is only a b—fraud all through," and asked if I would assist him—I said I would not assist him in a fraud—he told me I could not prosecute him because I had no money—Harrington was present—I made a complaint at the Police-court, but I did not see Harrington afterwards—I have not got my deposit back—Seaton said his place of business was 84, Lombard Street, and after a time he said he was going to move, and would send a circular, but I have not had one—I tried to find him, but did not succeed.
Cross-examined by Harrington. A great portion of the beer taken from the Maltsters' Arms was sold at the Marquis of Lorne—it was taken away by some of these in stone bottles on their shoulders—Klench and I
did not send for you—I did not take any money from Klench; you gave me £2 in his presence—I did not receive £2 10s. from you on Saturday—I have been to see you since you left—you and Seaton issued a warrant—I did not bring a pistol and say I would blow my brains out—I went to the factory several times, and you referred me to Seaton, and said he had taken up all your liabilities.
Re-examined. I received £2 from Klench which was sent from Harrington, and from Seaton £6 or £7 more; £9 in all.
Cross-examined by Horrex. Harrington arranged that I was to have the license when you left—I was liable for selling beer without a license as you were not living on the premises—I gave you 10s. and took the certificate round to Klench—he said, "This is not a license at all; it is only a Justices' certificate"—you pretended that you had the license—I went to Seaton—he put me off from time to time, so I went to Harrington.
JAMES HOUGHTON . I am a matting manufacturer, of 15, Assembly Passage, Mile End—I knew the three prisoners in 1892—Harrington carried on the business I am now carrying on—I saw Horrex there—I was a journeyman—sometimes six and sometimes eleven men were employed—I remember Mr. Stewart coming—Harrington said he was going to have a manager at the Maltsters' Arms, and that he had received £30 from Stewart as security—afterwards he said that Stewart had given him notice, wanted his money back, and he had not got it—after that Harrington advertised for a manager—a man named Bradley paid £30—I have been to the Maltsters' Arms, and had something to drink at Stewart's invitation—Harrington suggested that the men should go down there and give them a turn, just after Stewart had taken the house.
Cross-examined by Harrington. I did not say that you received the £30—when I told you that the brokers were in, you said, "Take the money back "I (mean Bradley's money, and I banked £20 for him)—I saw you take a lot of men to the house—no one else was there, only the workmen from the factory—you told me that the £30 was Stewart's money—you made a confidant of me to keep your business—I have no spite against you—it is a grievance to me to be here, but I am subpœnaed—I have not been spiteing you since last January—I do not know that, my son threatened to take your life; but he was taken before the Lord Mayor—I have never been on bad terms with you since you left.
THOMAS EDEN THORNTON . I am a clerk to Passingham and Hall, brewers, of Tottenham Court Road—they acted in April for the Maltsters' Arms—I witnessed the signature to this agreement—I saw Harvey sign it. (This was for one year between Harvey and the Highbury Brewery, he agreeing to purchase all his beer there.)
JOHN BOUTS . I am clerk to Messrs. Taylor, of the Highbury Brewery, Holloway—in April, 1892, Harrington came and wished to become the tenant of the Maltsters' Arms—I made inquiries and declined to take him, because he already held another license—I suggested to Horrex that he should let the house to someone else—the average of draught beer from July to October was £13 or £14 a month—I called at the house for the payment of the account, and Harrington gave me a cheque for £14 or £15, which was not honoured—I went again, and saw Horrex, and wanted
to find Harrington—he said he was engaged in business in the neighbourhood, but he did not know where—no rent was paid—we distrained on October 8th and got nothing—Horrex had the license—he was nominee for Harrington.
Cross-examined by Harrington. I accepted Horrex as proprietor of the beershop—I asked you where I could find Harrington, and your answers were very evasive—the former tenant has not paid us anything.
Cross-examined by Harrington. The first delivery of beer was on April 5th—the account amounted to £8 15s. 6d. in May, to £14 12s. 6d. in June, to £12 14s. in July, and to £5 6s. 6d. in August.
FREDERICK TOYE . I live at 3, Maryland Road, Wood Green—in June, 1893, I saw an advertisement in the Daily Telegraph, replied to it, and got this letter. (Dated June 17th, from J. W. Harrington and Co., 15, Assembly Passage, stating that there were twenty hands employed in the business.)—I went there and saw Harrington—I told him I had come to see the factory—he said that it was his business, and he had taken a public-house, and was robbed by his barman, and it was suggested that he should keep to one—he showed me the machinery and stock—he called my attention to a rivetting machine, and said that it was new—I looked at it, and said I did not understand it—he had carried on business with it—he said it was a ready-money trade, and that Seaton could vouch for his respectability; that Seaton was very rich, and often advanced him money when he had made large purchases, which had been paid off immediately—he introduced me to Seaton, and told him I had come about the purchase of the business—Seaton said he thought it was a very nice business—Harrington said that the hop season was coming on, and he usually traded in them, and had sold some and made 8s. 6d., and he could sell some at the Army and Navy Stores—I paid £2 deposit—this is the receipt (Produced)—Seaton drew it, and signed it in my presence—£100 was to be paid in cash, and a £100 bill at three months, and three other fifties—a few days afterwards I went to Seaton's office again to sign the agreement—Harrington signed it (Produced)—he sent out for some bill forms and wrote them out, and I accepted them—the £100 was paid down, Seaton took £40 in cash and one of the bills for £100, the first one due—I paid him £2 for drawing up the agreement—on leaving the office I expressed astonishment at Seaton taking money of me—Harrington had told me that he did not owe anything to Seaton, that he had often advanced him money, and he had paid him, and he could get the bill back again in the afternoon—After leaving Seaton I suggested to Harrington to go to 15, Assembly Passage—he advised me not to come till the next day—I then got this letter, "Do not call to-morrow, as I shall be out, call on Monday.—Your friend, J. HARRINGTON"—on Monday, July 2nd, I went again, and my impression is that part of the stock and machinery had been moved, and part was packed up—I spoke to Harrington about the reeds and farnecks, he said they were in the back premises, and did not belong to me—I got A letter about the rivetting machine; I said it was on hire, and the hire
had not been paid; Harrington said that I could not buy it because he could not sell it—that occasioned a further reduction—after that I saw Harrington once or twice, and then ceased to find him at the Duke of Cambridge—he gave me a list of customers, and I called on several of them, but made out nothing—I wrote this letter of June 29th, "I have received agreement for Harrington's business, for which I beg to thank you"—I received this letter from Seaton. (Asking what portion of his bill he would like renewed.)—I paid that bill—the second bill became due on December 31st—I received this letter from Seaton, (Asking him to call the next day, when he would show him that the bill had been negotiated)—I took no notice of that, and got another letter on January 4th. (This stated that unless the amount was paid by twelve o'clock, proceedings would be taken.)—a writ was issued, and I paid it—I have been in the gold-lace business—I saw Seaton about June, 1894, and asked him to hold the bill for two or probably three days, when it would have been presented at my bankers and met—I said that if I told him all the treatment I had had it would make his hair stand on end, and asked him if he would hold the bill over—he said that he would—I asked what he would charge me—he said, "£4 5s."—I said, "You cannot legally charge more than 1s., and after all the money you have had of mine you ought not to charge anything "—he said "Well, you can make me a present."
Cross-examined by Harrington. You told me that the business was a going concern—I did not have so much machinery as you took away—you did not say that I should have Co pay £2 a year for the machine, and should have to pay £25—you did not say "If you do not want the machine be sure and let me have it"—you said that you had £90 on the books, and when I told you I had learned your character at the bank of my solicitors I saw no more of you—you promised to go there five or six hours a day, and show me how the business was done, and you broke the contract.
Cross-examined by MR. MATHEWS. I had retired from business in 1893—I was then 52—Seaton's office was in filing Street, Cheapside—Harrington had told me that Seaton had lent him money for his business transactions before I went to Seaton—he did not tell me that he owed Seaton money, £100 or £150—I said before the Magistrate that I never owed him more than £50 in my life—according to my recollection the debt was not vouched at £50—£100 was paid in my presence, and I saw Seaton take £40 of it and the £100 bill—the first bill matured at the beginning of October, and it was met and paid; the second was due in January, 1894, and I consulted a solicitor about it—a writ was issued and judgment was signed against me, under Order 14, I understand—I went to more than one solicitor—I was not advised by them in 1893 and 1894 that I had no defence to the action—I have said I consulted a solicitor as to paying the second bill—I did not tell him I had been defrauded—I was not satisfied and went to another solicitor, who advised me that I had no defence, and I paid it—the third bill matured at the ninth month, and the fourth at twelve months—I made no complaint to my solicitor that I had been defrauded ty Mr. Seaton—I made no direct complaint to Seaton that he had swindled or defrauded me—I saw him last in relation to
the fourth bill in June, 1894, and made no complaint—I kept the business up to June, 1894, and sold it to Hough ton, a man in my employ, twelve months after I took it—he was to pay me between £35 and £40, including stock; for which I had paid £350 without stock—I saw a number of machines and looms there; it was for them the £350 was paid—the agreement was for the business and everything on the premises—I had not got the money to go to law—I know nothing about Seaton, except in connection with this offence.
JAMES HOUGHTON (Re-examined). I remember Mr. Toye coming to purchase the business at Assembly Passage, I was one of the workmen—I knew where the goods were put, and Harrington came to me and I locked the goods up—that was after Toye had paid his money, because he showed me the bill—after that I saw the goods at Harrington's house at Deptford, a greengrocer's and fruiterer's, part of them were lying in the back room—a man named Govett moved them—I never knew twenty hands employed, only about ten, men and women—I kept the wages book and Harrington kept a kind of ledger in pencil—I only saw Seaton once at 15, Assembly Passage—he asked me if he owed any money—at the time Harrington sold his business he had a beerhouse at Lewisham, and used to come up every day.
Cross-examined by Harrington. I saw these bills—Harrington owed me £9—I saw him downstairs—he had the bills and money in his hand—I was going to ask him for them, but said I could do so next day—he said he had not got the money—I said, "You have sold the business," and you showed me the bills doubled up, and said when you got them discounted you would pay me—you owe me £9, because I took the rings off my wife's hands and pledged them and gave you the money—you tried to thieve a book out of my pocket which states, "June 4th, 19s. 9d. and 3s. 9d., one week's wages; June 11th, 15s. 11d.; June 18th, 17s. 3d. and 3s. 9d."—the bills left unpaid each week amounted to £9—you told me to pack up the best of the looms and the punches.
HENRY JOHN JOCELYN . I am managing director of the Trifactor Machine Company—we let one of our machines to Harrington on October 4th, 1893, under an agreement to pay £2 a year for the hire; nothing was paid—we had instructions from Mr. Toye to claim it if the rent was not paid and took possession of it.
ISABELLA STOPPER . I live at 94, Mile End Road—I formerly lived with Mr. Waters to manage his business—he is the landlord of 15, Assembly Passage—Mr. Harrington came as tenant in May or June, 1890—the rent was £2 5s. a month, and in July, 1893, £17 was owing by Horrex and Harrington—they were together when they took the premises—I spoke to Harrington about the payment of the £17 on June 9th, 1893—he said that there was a balance of £7 14s. 4d. left, which would be paid in three days—he said he had not paid the rent because the business was bad—he had been in arrear some time before he left.
SAMUEL WILLIAM GARDNER . I am a merchant's buyer. I know the prisoner, Arthur Seaton—I had advanced him £300, and at the end of September I received from him one of Mr. Toye's bills for £100—that money was owing to me—I gave him £100 for it by this cheque (Produced).
Cross-examined by MR. MOIR. I had had transactions with Seaton
before—at that time he owed me £300, but I gave him nevertheless the full extent of the value.
GEORGE HENRY WRIGHT . I live at Barking, near Dewsbury, and know Harrington—on September 14th, 1892, I supplied him with goods value about £30—I came to London in May and asked him for payment—he said he had some money to draw in the City and could not get it—he gave me, about a month before, a post-dated bill, dated January 11th, for £31 6s.—I presented it for payment and it was returned three times—I went and saw him about it—he said he had a good deal of money and could not get it in—I went to see him more than half-a-dozen times—I did not see more than four people working, there were one or two loitering about—I got this letter from him. (Dated June 9th asking the witness to hold the cheques for a few days as he could not get money in)—the money was not paid.
Cross-examined by Harrington. I went to the beershop and made an appointment, you were in, but the place was closed—you did not tell me you had lost £200—I did not arrange with you to hold the cheque till you got on your feet again, or say that I would give you another cheque—I did not say send me half-a-sovereign at a time, I might have said I would take anything you could send—you never used my goods at all, you sold them much below their value—you never saw me when I went to the Plough—I went twenty or thirty times to try and get the money—I sent you telegrams, and all I ever got was £1.
A. ELDRIDGE. I am the licensed owner of the Unicorn public-house—in January, 1893, Harrington owed me about £40, and on June 15th. I got this letter. (Promising to send £5 next week without fail)—I did not see Harrington about the payment—I left it with Mr. Young, my solicitor—I went to Assembly Passage once or twice and saw Harrington—he said that trade was bad, but as soon as he had sold the business he would pay me.
Cross-examined by Harrington. I have known you fourteen years; we have been friends—you did not offer me a nine months' bill of £50 to settle my £40—I did not summons you—I put in a distress at the beerhouse at Lewisham, which was the first place I found you at after running about after you for six or eight months, but it was the wrong shop, and then I put the broker in at the other address, but got nothing—I waited a week in the street at Deptford to find you.
CHARLES BASTIAN . I am a mat manufacturer, of Cadiz Street, Mile End—I was employed by Harrington in 1890 at a mat business in Heath Street, Commercial Road—he sold that business, and I moved him to Assembly Passage—he commenced business there about June, 1890—I supplied him with two looms and fittings, value £4, which were put up on the premises—they were not paid for, and I sued him—he was ordered to pay the amount forthwith—the High Bailiff tried to get the money for me, but Horrex claimed the place—I could never succeed in getting anything.
Cross-examined by Harrington. I did not take half to my place and send half to you—half of what you had you stole from Mr. Spigle—you had nothing when you left him—the stuff you had you robbed him of, and you got me to let you have two looms so that you could start again—they
were not old looms—I do not know which business you sold—Mr. Horrex has been one of the victims as well as the rest.
Re-examined. I do not know what he got for the business from Spigle.
HENRY SLADE . I am High Bailiff clerk at Whitechapel County Court—Mr. Bastian endeavoured to recover £4 2s. 3d. due to him—an order was made on March 31st, and execution was attempted to be levied at Assembly Passage, but I was met by the statement that the premises were hired by Horrex and that Harrington was only the traveller—I received this letter, "I hereby give you notice that the premises, 15, Assembly Passage, were hired by me for the last fifteen months. Mr. Harrington is traveller.—Yours truly, J. HORREX."
WALTER HERBERT JUSON . I live at 2, Station Villas, Sydenham—in June, 1894, I answered an advertisement about the manager of a beer-house, and got this letter. (From J. Horrex and Co., requesting the witness to call on Tuesday morning at 10,30 and bring a deposit.)—I went to 12, Thomas' Road, and saw Harrington—I told him I had come in answer to the letter—he said that his name was Harrington and he was trading in the name of Horrex, and wanted a beerhouse manager at 25s. a week, with £30 deposit as security for honesty—he asked me for £5 and I paid him £3, and on April 16th I paid him the remainder and got this receipt for £30—Hiscock, who is a public-house broker, wrote it and Harrington signed it—I did not go into the beerhouse at once, Harrington said it was not ready, and I travelled for him with mats for two or three months—I was paid no wages after the first week—afterwards the beerhouse was got ready, the Plough, and I went in as manager—Harrington took the takings—on August 5th I told him I was telegraphed for as my mother was ill—he said that I might go and see her, and I went—about £25 was owing to me then for wages—I asked him for some money—he said he had not got any, but he would send me some—and when I was there I got this printed card from him, "I am sorry I did not write to you before, but I have been disappointed; do not come home till you get my next letter with some cash, which will be in a day or two"—I stayed in the country till August 31st, and when I went to the Plough Gowing was behind the bar—Harrington said, "Take no notice of him "—I asked for my money—he said he would pay me after a time in a lump sum, and asked me to travel in his matting business, which I did for a week—on September 28th I went to the Plough and found it shut up—about £32 was due to me then for wages—I have not got my £30 deposit back.
Cross-examined by Harrington. You did not ask me to travel for you till after I had paid the deposit money—you paid my first week's wages and expenses—you did not pay five weeks—when you opened the Plough I went to live with you—I had a room to myself and sometimes four meals a day—you paid my travelling expenses—you used to send me to different places—I found you behind the bar very often—I asked you several times for the money and gave you proper notice, but you kept promising to pay me a lump sum—the month's notice was not up when I charged you—you did not tell me that the moment my notice was due the money should be there—you have not offered it to me up to the present day.
JOHN HENRY WILLOUGHBY . I am agent for the owner of 12, Thomas' Road, which I let to Horrex at the end of February or the beginning of March—I saw Harrington there—the rent was paid regularly till June, then it got into arrears, and in July I distained—I asked Horrex for it, and sometimes he said that he had not given it to him, meaning Harrington I supposed.
Cross-examined by Harrington. I understood Horrex to be the tenant, but I bracketed your name with his to secure myself, and I agreed that if you paid so much off, the tenancy should continue—I received two cheques from you, and received it regularly from Horrex afterwards, but I knew it came from you—I arranged with you to pay an extra shilling a week till the whole was paid off.
GEORGE GOWING . I used to live at 315, Victoria Park Road—I saw an advertisement in the Daily Chronicle, and went to the Old Plough on August 25th, 1894, and saw Harrington—he asked if I had £25 to deposit—I said no, but I could give him £20—he said he was the proprietor of the house—I paid the deposit on, I think, the 27th—I received from him this card: "462, Commercial Road. Dear Sir—I hold this berth open for you as you promised to return. Do you mean business, or not? I am writing to another man"—I paid him the £1 deposit, and this is the receipt, and on the 29th I paid him £20—this is the receipt—I desired the words at the end to be put there, "August 29th, 1894.—Received from Mr. Gowing £20 as security on berth as manager of the Old Plough. Deposit to be returned"—I went there on August 30th, and next day saw Juson in front of the bar—he paid me the first week's wages by a cheque for £1, signed J. Horrex and Co.—I took it to the bank about 2.30, and they refused to cash it—when I returned I found the house shut up—I never got my money back.
Cross-examined by Harrington. You told me to hold the cheque two days, and I did so—you left the business to me and your wife to manage—I received my money twice—before you gave me the cheque on the Monday I went to Messrs. Whitbread—I left at eleven, and came home at seven—I told you I had a little business to attend to; that was because I thought the business was going wrong—you could not lose money with me when your wife was in the bar—you only engaged me from nine to six—I took money over the bar and put it in the till—I only advanced Juson money once, 2s.—when I went to the bank I also went to get a glass of ale, as you had none in the house—you wrote me two or three notes to meet you at different places, and I went and you were never there, and you were not at the factory—you went to my house three times, and once you sent Horrex, with a note to meet you either at the Police-station or the factory—I went and you were not there—when I saw you you asked me to withdraw the warrant—I said, "No"—you asked me to see your solicitor and come to an arrangement, but I said it was out of my hands altogether—I do not know that you went to the station and gave yourself up; I believe they took you there.
1894, Harrington applied to me to become the tenant, and gave me as references Seaton, Elmslie and Co., of King Street, Cheapside, and John Horrex—I went to King Street and saw Mr. Seaton; I told him that Harrington had given him as a reference, he was going to take a beer-house, and what sort of a man was he—he said he had known him some years, and had had business transactions with him, and I believe he said he had purchased for him at rummage sales at the London docks, and had owed him £200 which he paid him, and always found him very honest—I then applied to Horrex and Co. by letter and got this answer. (Stating that they had known Harrington fifteen years and always found him a business and reliable man.)—I then let the house to Harrington, he agreeing to purchase the beer from Whitbread's and not from any other company—on September 28th the rent was not paid and he agreed to give us possession.
Cross-examined by Harrington. You did not ask me if I knew the man who was buying the house—I did not give you a slip of paper to go to the man who was buying the house and who is in it now; I think he came to you—he paid you £11, I think, for the loose things—you came and asked us to take possession of the house—you asked for the account to stand on the books, I don't know for what reason—I was the last one who came out of the house—it was 4.30 or five o'clock—we shut up about 5.30—we came in about 4.30—we only had to take about 6.30 and get out of the place—I had been telling you so for weeks, and had written to you, and called on you—I put the little account on my book—I did not say, "I will give you twelve months "—I do not think Seaton said that he had no knowledge of Harrington, except having business transactions with him—I don't recollect his saying that he had financed him; that he had lent him money when he bought goods for him—the word "financed" was used—I took it that Harrington had bought the goods, and that Seaton had financed him; that he had advanced him money for that purpose—he instanced this transaction, and said he had found him honest and straightforward; although he at one time owed £200, he had paid that sum.
HERBERT GEE . I am manager to Alfred Leeney Brothers, brewers, Blackfriars Road—on August 2nd I received this letter. (Signed by Harrington from the Plough, and giving an order for beer to be delivered that week)—I replied asking for references, and received this memorandum. (Giving the name of Mr. Seaton, at the Security Investment and Agency Company, Northumberland Avenue, and Mr. J. Harrington, of the Plough)—I communicated with Mr. Seaton, and received this reply. (Stating that he had known Mr. Harrington several years, and had several transactions with, him; that he had sometimes owed them £200, and was always prompt in settlement.)—I then executed the order, and Harrington got about £17 in our debt—we never succeeded in getting any money—I believed it was a free house.
Cross-examined by Harrington. A man came to my office to see if he could settle the matter—he said that you were in his debt, and he wanted to see if he could secure anything for himself—I told him if he wanted anything he had better pay the money—after that I believe you wrote
saying you could not come—he did not tell me he had served you fifteen years.
Cross-examined by MR. MUIR. I addressed my letter to Mr. Seaton only, not to the Agency Company—I understood he was the proprietor or connected with it—I got his letter by post—he signed "A. Seaton," not "A. Seaton, Secretary"—I asked him if you were good for credit for £50; there was no answer to that.
HENRY BECKETT . I am connected with the Security Insurance Company, Trafalgar Buildings—Seaton was there as agent to introduce business, but was not employed by the company—he had a seat in the office, and was authorised to use their note paper for their business only, and then not to sign his own name, but it is a common practice with clerks—he had no salary.
Cross-examined by MR. MUIR. I have known him six or seven years—he is an honest, upright man; I have trusted him.
Re-examined. I first knew him at Elmslie's office in 1888 or 1889—I only met him at different times—I had no business with him that came to a conclusion; the business was mortgages connected with ground-rents—the next place was at Elmslie and Co.'s, King Street—I did not do business with him there—our business has no connection with rummage sales, it is dealing in bonds and securities.
By the COURT. This letter is in Seaton's writing—only two clerks are employed there and a secretary—he has been there since September, 1892—I am nominal manager—I understood that he had been in business before, connected with similar work, and that he was an honest man—before this company was formed I had been working with my friends—it is a private syndicate, not a registered company.
WILLIAM READ (Police Sergeant). On October 6th I saw Harrington enter the Thames Police court, and took him on a warrant for unlawfully obtaining £20 from George Gowing, by false pretences—I read it to him; he said, "What else?"—"I said £30 from Juson, and the beer, and £20 from Lenney Brothers"—he said, "All right; I am going to see the brewer this morning, they are going to give me some money, and then I can pay some of it"—I found on him a cheque-book, some cards, and two memoranda, which he said referred to the money he was going to receive—he was charged at the station and made no reply—on October 25th I took Horrex at Limehouse on a warrant; it was read to him—he said, "What is it all about, I should like to know?"—I said, "This refers to Stewart, when you and Harrington were at the Maltsters' Arms, New Road, in 1892, and it is said by Stewart that you and Harrington assisted one another in defrauding him of £3, £23, £4, and 10s., which you obtained from him for the license of the beerhouse "—he said, "I was in bed part of the time that it was going on; I had only 10s. from Stewart, he was to have given me £1, but Harrington had 10s., and he had all the other money; I suppose Stewart has got my receipt for the 10s: I know I signed for £1, but I did not have the £1"—he was charged at the station, and made no reply.
Cross-examined by Harrington. You did not say, "Come to see Mr. King," or that the man said he would come up to withdraw the warrant
WILLIAM GOLDING . I took Seaton at Northumberland Avenue on a warrant, charging him with obtaining goods from Leoney and Co.—he said, "I can explain that"—I found five cheques on him, all from him to Harrington—he said, "This will show I am dealing with Harrington."
Cross-examined by MR. MUIR. They amount to £39—he did not say, "1 can soon explain all that," or "That will show some of my dealings with Harrington"—I did not make a note at the time; I had a warrant for him, and left a message for him, and he came there to be arrested.
Cross-examined by MR. MUIR. I am manager of the Midland Bank, Tottenham Court Road—I have known Seaton since August, 1889; he has always borne the character of an honest, upright man, as far as I know.
By MR. GILL, I produce a copy of his account; his balance at the beginning of 1893 was 15s. 5d.—I find at the end of the year Mr. T. Joyes' debit of £50 and £50.
T. E. THORNTON (Re-examined). I saw Horrex sign the agreement which is mentioned in the evidence, and I believe these two documents to be his writing,
SEATON received a good character.— NOT GUILTY . HARRINGTON and
HORREX.— GUILTY .
SERGEANT READ stated that Harrington had been engaged in several similar frauds, and had been charged with warehouse breaking, but was acquitted. HARRINGTON— Four Years' Penal Servitude. HORREX— Fifteen Months' Hard Labour.
THIRD COURT and
OLD COURT.—Saturday, January 12th; and
OLD COURT,—Monday, Tuesday and Wednesday, January 14th, 15th and 16th, 1895.
Before Mr. Common Serjeant.
164. JANE MABEL KNIGHT (43) (alias Jane Mabel Justice, alias Jane Mabel Stone), JOHN EUSTACE DENNAN (45) (alias John Eustace), and JOHN EDMOND STONE (21) (alias John Edmonds), Unlawfully conspiring, by false pretences, to defraud certain persons of their moneys, Other Counts, for unlawfully obtaining money from certain persons, by false pretences, with intent to defraud.
MESSRS. C. MATHEWS and BODKIN Prosecuted, and MESSRS. PAUL TAYLOR and PIGGOTT Defended.
JOHN WORTHEM . I am a clerk in the Bankruptcy Division of the High Court—I produce four files of proceedings in that Court—this is the file in the liquidation on 16th April, 1879, of John Eustace Dennan—the statement of affairs shows liabilities, £1,173; assets, £95—he is described as a dentist, of 99, High Street, Kensington—a composition of 1s. in the £ was accepted within three months after the resolution—this is the tile of September, 1883, in the bankruptcy of John Eustace Dennan, of 20, Lower Phillimore Place, Kensington—the liabilities are £2,326, and the assets £297—a composition of 1s. 6d. in the £ was paid, and the bankruptcy was annulled on 14th January, 1885—this is the file of August, 1886, in the bankruptcy of the same person,
a surgeon dentist, of 20, Lower Phillimore Place, Kensington—the liabilities were £1,790, and the assets £10—his discharge was granted in February, 1888, subject to suspension for one month—in this last file a petition was filed against John Eustace Dennan, on 28th May, 1891—he was adjudicated bankrupt in August, 1891—he is described as of 43, Chelverton Road, Putney, and 4, Sloane Terrace, Sloane Street, dentist—the liabilities were £3,214, and the assets £5—the petitioning creditors were the London and South Western Bank, for a debt of £316 10s. 6d.—he is still an undischarged bankrupt—among the creditors in the bankruptcy of 1886 was Jane Mabel Stone, widow, of 20, Lower Phillimore Place, for £150.
EDWIN DAVIS JENNENS . I live at 86, Ackernan Road, Brixton, and am the owner of 43, Chelverton Road, Putney, which was to let in November, 1890—Justice applied to me in the name of Mrs. Stone about that house, and I discussed the matter with her, and she gave me as references Mr. J. E. Dennan, 4, Sloane Terrace, Sloane Street, and Mr. Bartlett, Bloomsbury Square—I believe he was a solicitor—I wrote to them; I got no answer from Mr. Bartlett, but this is the reply I had from Dennan. (This stated that he had every reason to believe that Mrs. Stone would be found a desirable tenant)—I then accepted Justice as my tenant, relying on the reference—she took possession on 1st December, 1890, as a yearly tenant, at a rental of £43 per annum—one month's rent up to the end of the year was paid at Christmas, 1890—on April 21st, 1891, she sent a post office order for £10 15s. for the rent due to Lady Day—on June, 7th, 1891, she left "without giving me any notice—I got no rent for the period after Lady Day—she sent the key by post on 9th July—her goods were followed, and discovered at 13, Maryland Road, Queen's Park, W.—I did not see her or hear of her after that till these proceedings.
Cross-examined. She said directly she went in that the rain was coming through the roof; but, as a matter of fact, the house had only been built for eighteen months, and it was put into repair for her when she went in—Slavin had lived next door—she did not complain of a number of fighting-men calling—I did not build the house.
Re-examined. She went over the house before she took it.
JANE SMITH . I live and let lodgings at 80, Warwick Street, Pimlico—in April, 1892, Justice came and took two rooms at £1 a week—she wanted three, two bedrooms and a sitting-room, but I had only two—the two rooms communicated with folding doors—she said they were for a gentleman friend of hers who had met with an accident and broken his leg, and was in the hospital—she came the next evening in a cab with Dennan—I don't think they had much luggage—I believe Dennan had broken his leg, he walked on crutches—she said he might be there for a permanency, she was not sure, but she would stay with him for about ten days to look after him, till he was better—they occupied the two rooms—at the end of the first fortnight they paid me—they stayed on after that for three or four weeks, for I forget how long, but when they went away they owed me £5 for rent, coals, gas, and candles—I asked Dennan about the rent, and sent up the bill the day before they went—he did not pay it—I went up and told him I should want the rooms that evening for another gentleman, and asked him what time
he would go—he was alone then—he said he should go when it suited him—I said, "I must have my rooms," and I was disagreeable to him and he to me—afterwards I sent up my niece with the bill, and he said he should not pay it, as I had ordered some teeth—I did not order any teeth—one morning Justice said, "You do not look very well. Do you suffer from indigestion?"—I said, "Yes,"—she said, "Sir. Dennan is a very clever dentist; he will make you some teeth"—I said, "I cannot afford it just now," and she said, "He will do it as cheaply as anybody else"—that was all that passed then—I never ordered any teeth—when he said some teeth had been ordered I said I had not ordered any—he said I had, because I had the model of my mouth taken—he had taken a model; I did not know what he was going to do—he rang the bell, one afternoon, and said, "Bring a basin of water," and he told me to sit down, and asked if I minded his putting something in my mouth—I said, "I don't want a set of teeth now"—he said, "It won't take a minute," and I sat down, and he took a model of my mouth, but it was against my wish—when he told my niece I had ordered teeth I said, "I ordered no teeth; if you do things in that way you are nothing better than a swindler"—he said, "My nurse is a witness; you had it done of your own account"—Justice was not present—when she came in afterwards she called me, and said, "I am sorry you have had a dispute with Mr. Dennan, because he wishes to be honourable to you"—I said, "You know I never ordered teeth"—she said, "Yes, you did; I was there when you did, and had your model taken. I am in a hurry, call me a cab"—I said, "Not till the bill is paid"—she said, "The luggage is mine. I am only Mr. Dennan's nurse "—I said, "You told me you had no luggage when you came, only what you stood up in"—she told me that several times—she said, "You cannot stop my luggage"—I said, "You can take what is yours"—my niece called a cab, and they took all the luggage they had—I said to Dennan, "I suppose you have not got the money to pay me?"—he said, "Yes I have," and showed me sufficient money in his hand to pay my bill—he said, "I shan't pay you, you can go to my solicitor if you like"—he gave me the name of his solicitor; I forget it—I got no money and no teeth—I got a letter about the teeth and about the solicitor—I never saw Dennan again till I saw him at Bow Street—he never called.
Cross-examined. He did not tell me he was moving to Talbot Road—he sent me some address after he left me—I received a letter saying he would see I had the teeth all right—I did not call on him—I did not look at the "Directory" for his address—they bought most of their food when at my house—the model of my mouth was taken against my will; no violence was used—I did not expect my teeth after receiving the letter; I did not wish to have anything more to do with it; I thought the money was gone.
HENRY EDWARD HARDY . I am an estate agent at Bishop's Road, Bayswater—in April, 1892, I had the letting of 49, Talbot Road, Bayswater, a private house—in that month Justice called and gave me the name of Mrs. Justice, of 80, Warwick Street, Pimlico, and Black-water—she said she was a lady of independent means—she said she wanted 49, Talbot Road, for private occupation, and partly for
the practice of dentistry by her son, I understood—she said she should like a third room on the ground floor for that—she gave as references Dr. Denny, Milestone House, Black water; Mrs. Dundas, Barons Court Road, West Kensington; and Mr. Dennan, 80, Warwick Street, Pimlico—I sent her proposals and the names of her references to the solicitors—I had nothing to do with fixing the terms of the tenancy—I did not see or hear anything more about the matter till the following October, when I heard from the solicitors, and in consequence went to 49, Talbot Road—I there saw Dennan, who appeared to be living there, occupying the ground floor—the upper part of the house appeared to be let out in lodgings to different persons—I told Dennan I was inquiring for Mrs. Justice's address—he refused to give it to me—I believe he said she was seriously ill at Hastings—he said he would get the address and forward it on—I reported that to the solicitors—in January, 1893, I went again—I saw Dennan, and asked him the same question and got the same reply—in March, 1893, I got instructions to distrain for two quarters' rent, £30—I did so through Mr. Hawkins—I saw a very small quantity of furniture—I recovered £16 12s.—Dennan was there when we seized—in April, 1893, I was instructed to take possession, and I instructed Hawkins—Dennan had to be ejected and we got possession about the middle of April—I got rid of the lodgers who were living there then.
Cross-examined. I had nothing to do with the references—so far as I know they were satisfactory—I did not hear of a proposal by Dennan to take over Mrs. Justice's lease and pay the arrears of rent—the furniture distrained on was in the back room on the ground floor, occupied by Dennan—the rest of the house was let out in unfurnished lodgings—the lodgers barred the distraint of their goods—I heard that Mrs. Justice had complained about the condition of the premises—I believe Dennan carried on the occupation of a dentist at Talbot Road, because he had a little stone tablet—I don't know it from anyone who had teeth pulled out or put in.
ARTHUR FRANCIS LOOSET . I am a builder, of 77, Ledbury Road, Bays water—a little before 12th July, 1892, I went to 49, Talbot Road, and saw Justice, who was in occupation there—she wanted some repairs done to the outside of the house—I agreed to do them for £35—£5 to be paid on the completion of each coat of paint—I put on two coats, and then not having received any money, and as I could not see Justice, I told Dennan, who was apparently also living at 49, Talbot Road, that I could not proceed with the work, because I had not the money to go on with, as I had to pay men and buy materials—on 5th October he gave me £5—I had begun, the work in July, but had to stop—he said, "Finish your work, and there is your money directly you are done"—I recommenced on getting the £5, and completed the work according to my estimate—I got no more money—I constantly applied to Dennan, at the house, for payment—he was supposed to be in business there as a surgeon-dentist—there was a marble plate with "Mr. Dennan, Dentist," on it—Justice was only at the house at the beginning of the work—I asked Dennan about her, and he said he would communicate everything to her that I wanted to know—she was supposed to be the tenant of the house, and he only a lodger—I could not get her address, only that she was away.
Cross-examined. She told me she had taken the house, and he told me he was lodging there.
JAMES LANCASTER . I am a house furnisher, of 56, Bryantwood Road, Holloway—in May, 1892, when I was carrying on business as a house furnisher at Camden Town, Justice called on me, and gave the name and address of Mrs. Justice, 2, Colebrooke Row, Islington—she said she had a friend a dentist, Mr. Dennan, who wanted £150 or £200 worth of furniture to open the ground-floor at 49, Talbot Road, as a dentist's—she said she had succeeded in getting 49, Talbot Road—she said she wanted £50 or £60 worth of furniture in addition to the £150 or £200—I said I would agree to let her have the goods upon references—next day she came with Dennan, whom she introduced as a dentist, and the friend she had spoken of—I arranged with him that he was to pay me £25 down, and the balance in quarterly instalments—he was to have £190 worth—I got as a reference Dr. Denny, of Blackwater—I passed it through Stubbs—five or six weeks after they called together and selected £200 worth first, and afterwards £108 16s. 8d., making £308 16s. 8d.—as well as furniture they had carpets, utensils, and everything for a house—the goods were supplied to 49, Talbot Road—I called there for payment, and saw Dennan and Justice—Dennan did not pay the £25; he promised to do so in about six weeks from the time he first selected the goods—I have never had a penny—there was to be a hiring agreement—I took it to him and asked him to sign it, and he said he was not going to put his head in a net, or something of that sort; he got the goods, and then refused to sign it—in March, 1893, my solicitor issued a writ—I got judgment, which cost me £10 10s.—execution was put in, but the prisoners were gone, and I got nothing—I could not find out what had become of the furniture.
Cross-examined. I am quite sure that it was not after judgment that Dennan was asked to sign the hiring agreement—I think my furniture was distrained on for Justice's rent—it cost me £165 6s., about half of what I charged for it—that is the usual rate of profit if you have to wait three years for your money—Dennan did not ask me to take the furniture back—I should have taken it back if he had asked me—I called on him after the first instalment became due; I saw my furniture there; I said nothing about taking it back.
Re-examined. The price of each article was mentioned as it was selected—no objection was made to the prices charged.
JOHN THOMAS CLARK . I am managing clerk to Messrs. Whittaker and Woolbert, of 12, Lincoln's Inn Fields, solicitors to Mr. Poulton, the owner of 49, Talbot Road—in April, 1892, a proposition from Mr. Hardy was forwarded to me as to taking Mrs. Justice as tenant of the house, and also references—I wrote to the references and got these two answers. (That from Dennan stated that he had known Mrs. Justice for some years, and had had business transactions with her in every way satisfactory, and that she would make a good tenant)—eventually this draft lease was prepared and sent to her on approval—she duly executed it on 10th June, 1892—it is for twenty-one years, at a rent of £60 a year, and there is a covenant not to sublet or part with possession of the premises, or carry on any trade or business—the first quarter's rent, due at Michaelmas, was to be given in consideration of their doing some external repairs, including
painting—the first rent would be payable at Christmas—in September Loosey made a communication to me, in consequence of which I gave instructions to Mr. Hardy to inquire, and then to distrain—after that, in the spring of 1893, Dennan called and said he was the tenant of 49, Talbot Road, and that he did not know Mrs. Justice's whereabouts, but that there were means of ascertaining, and he promised to assist us in getting her address—he said he had let part of it to various tenants, and was making a profit—he gave us no assistance; he never got us Mrs. Justice's address—I instructed Hardy to cause possession to be taken—we got vacant possession in June—Dennan went out before; but we had to give notice to the tenants, some of whom had prepaid their rent up to the end of June—none of that money came to us—we lost about a year's rent, and had to do repairs again—Dennan was ejected by being locked out—after creating some slight disturbance, and breaking some windows, he went away—I never before saw this notice determining the lease, signed "M. Justice."
Cross-examined. A proposition was made with a view of Dennan becoming tenant instead of Mrs. Justice; it was simply a vague proposition that he should become tenant; nothing was said about the arrears of rent—the answer we had from Mrs. Dundas was negative, and was no use—Dennan was known by that name at Talbot Road—he never told us he was the Dennan of 80, Warwick Street.
Re-examined. Mrs. Dundas's letter stated that she did not know much of Mrs. Justice, as she had only stayed a month or two as a lodger at Mrs. Justice's house, and that if she were in town she would stay there again.
GEORGE BATEMAN . I am a licensed broker and valuer at the Malt Hall, High Street, Kensington—on 27th November, 1892, Justice called on me at my private house, Grove Park, Chiswick, and said she had got a very troublesome tenant named Dennan, and she had been recommended to come to me to distrain on him for £40—I asked her for her address; she declined to give it—she said the troublesome tenant was at 49, Talbot Road—I understood her he was a weekly tenant, but I think he was monthly; he had not paid any rent—she signed this authority for me to distrain—I went to 49, Talbot Road, and saw Dennan, and showed him my warrant—he said he thought it was very sharp practice—I said I thought so, too—I distrained on the goods in the front room on 27th November—I gave him fifteen days out of my good nature, instead of five—I asked him if the furniture was his own; and he said it was, he and his friends had bought it—he was carrying on the business of a dentist there—on 10th December I got this letter, headed 49, Talbot Road. (Asking him to meet Mr. Platt on Monday)—on 12th December he signed an authority on my original warrant for me to take away the goods, and I took them to Mr. Platt's auction rooms, Hammersmith—next day I got this letter from Mrs. Justice. (This asked/or an advance of £15 on the goods)—she said she was going to get married—I removed goods from only the front room, and only took what I thought would cover the distress—I saw part of the furniture in the other rooms—on 14th December she called on me, and said she was going to get married, and wanted money, and would I advance her £15—I told her it was not usual to do that, but upon the
strength of my having the goods I gave her three £5 notes—she gave me this receipt—on 20th December I got this letter from Dennan. (Stating that he had arranged for the intending purchaser to meet Mr. Batsman the next day)—he brought his friend, who bought the goods and paid me out—I was desired by Justice to take £37 10s.—I received this letter from her of 31st December. (Stating that if it could not be charged otherwise, he might deduct the expenses of removing the furniture from the £37 10s.)—when Dennan's friend Cohen bought the furniture I gave a receipt and took the money, £37 10s.—I only charged £1 1s. for expenses; I considered he was an ill-used man, and that it was sharp practice putting in a distress so soon, when there were so many goods on the premises.
Cross-examined. Dennan paid me the levy—he reset some teeth for me, and I paid him £1 10s.—he said he would give them to me for nothing, and I said I would pay him—I think he was carrying on a dentist's business, but I don't know anything about it—I believe he, wanted to save the furniture, and did what he could to do so—we took about £60 worth from the front room, and left the curtains and hangings, so that no one outside should know that anything inside had been disturbed.
Re-examined. I have had over thirty-five years' experience as a broker.
HARRY COOPER . I am a registered medical practitioner practising at Surbiton—I am attending Mrs. Annie Clarkson, of 16, Surbiton Park Terrace, who is suffering from heart disease, and is in such a condition that it would be dangerous to her to travel here and give evidence.
JOHN CRAWFORD PLATT . I am an auctioneer and furniture dealer at 195, High Street, Hammersmith—in December, 1892, in consequence of Mr. Bateman calling on me, I went to 49, Talbot Road—on 12th December I received at my premises the goods, which had been seized—on 21st December Dennan called with Morris Cohen, the intending purchaser of the goods for £30 or £40, I think—Cohen is an auctioneer and dealer, I think—I called him on one side and spoke to him—he then spoke to Dennan, and Dennan threatened to charge me with slander for cautioning Cohen that these goods were hired, or something of that sort—they were new goods when I went to the house, and I refused to buy them—Cohen told me something about this transaction with Dennan—eventually Cohen's vans took the goods away.
Cross-examined. My account was paid by Bateman—I would not let the goods go till I got £3 for the distress.
MORRIS COHEN . I am an auctioneer and valuer, of 108, Upper Street, Islington—I saw these goods at Platt's auction-rooms, and I saw Dennan about them—he asked me to purchase them from the broker who had seized for rent and keep them for him, and let him repurchase them from me within three months—I was paid £37 10s. for them, I think, and I was to retain possession, and gave him a letter stating that he might repurchase at an advance of £10, within three months—Platt said something to me at the auction rooms, and I said to Dennan, "These goods are on hire"—he said, "Nothing of the kind; who told you such a thing?"—I said, "Mr. Platt is under the impression that they are on hire"—he said, "Nothing of the kind"—he told Platt it was nothing of the kind, and
he should commence an action against him for slander, for saying such a thing, or something to that effect—eventually I took the goods away—I kept them for three or four months, and ultimately sold them—I did not see Dennan again till I was at the Police-court.
Cross-examined. I have experience of furniture seized for rent—I don't think it would have mattered if it had been on the hire system, but it might have involved me in litigation, and that is what I meant.
IRENE ARKELL . I live at 16, Wiesbaden Road, Stoke Newington—in August, 1892, I was living at 38, Windsor Terrace, Eastbourne, and letting lodgings there—Justice in that month took a bedroom at 6s. a week—she was dressed in ordinary dress—next morning she was dressed in black, with a large black cloak, like an hospital nurse, and she had a collecting-box with a slit on the top, and leaflets pasted on it about, the St. Michael's Orphanage, Worthing—she had a medal fastened with a red ribbon; I fancy it was the badge of the orphanage—I don't remember if there was any device on it, I only saw a small piece of it—she said she was going out to collect, and that she was working for the Lord, and enjoyed her work, and was proud of it—each day she went out—she told me on one or two occasions that she went to Hastings—on one occasion she asked me to give something for the Home, and I gave 6d., it was all I could afford—one day she asked me if her son could come there and spend the Sunday with her—on the Sunday she went apparently to meet him, but when she came in she said he had broken his ankle, and was going to New College, a school at Eastbourne—she came back on that Sunday with Dennan—she introduced him to me as a friend, in the evening, when I went into the sitting-room where they were—our conversation turned on my teeth—Justice said that Dennan was a dentist—on the Monday morning Dennan said it would improve my appearance very much, and he thought that I had better have some, teeth, because it would be so much better for my digestion—I agreed that it might—he took a model of my mouth, and said he would make me a nice set of teeth for £20—I expected that he would—I felt I was obliged to agree to pay £20, although I could not afford it, as he had taken the model of my mouth—I had some false teeth by me, but was not wearing them—I gave them to Dennan, and he took them away—I think he went away in the evening—he came more than once whiles Justice was there—she stayed five or six weeks—it was the busy time of the year there—she paid me nothing, but owed me the whole rent and the meals which she sometimes had at home—she had very little food from me—she owed me altogether £2 or £3; I don't think more than that—we spoke about her bill once or twice, and she said she would pay it when she could, later on—she only had a small black bag with her, which she could carry in her hand—I never saw her after she left—I got no money—I made no application—I had sent to me the top set of my own former teeth, and some new ones for the lower jaw; but they were cracked, and I have never been able to use them.
Cross-examined. I went once to Talbot Road about the teeth—Dennan made an appointment with me—I don't think I wrote and told Dennan when an accident happened to the lower set—I have not seen him since till now—I don't think I communicated with Dennan after receiving the teeth in this unsatisfactory condition—I don't think he said he
would take a fresh model—Dennan came to my house on the Sunday, and went on the Monday—he never remained at Eastbourne longer than one night—Justice mentioned both St. Michael's Orphanage and St. Raphael's Convalescent Home to me—she did not tell me that she was wearing the dress of that Home—she said she was connected with it, and had been for some time—she did not mention the name of Mother Lucy, the superintendent—I did not know of the existence of St. Raphael's Home at Worthing.
Re-examined. The name on the collecting-box was St. Michael's—after I had lost sight of the prisoners, I wrote about my teeth—these are some of my letters in October, 1892, and February, 1893—I received this letter from Dennan. Stating that she must come to his surgery before he could make the set of teeth.)
JOHN THOMAS ASHLING . I am a builder, of Roland's Road, Worthing—in the beginning of January, 1893, I owned Salisbury Lodge, Queen's Road, Worthing, a detached private house with garden 50 by 15 in front and 50 by 100 in the rear—it is near the sea—it was to let in January, 1893—Justice came to see me about it—I asked £55 rent—she did not say what she wanted it for—I expected it was to be for a private residence—she agreed to the rent—we had no agreement in writing—she had it from 9th February, half-quarter-day, and took possession at once, I believe—she bought some furniture at the sale of the goods of the previous tenant at Salisbury Lodge—the first quarter's rent, due on 9th May, was paid on 1st July, I believe—I got no other rent—after she had been there some time I noticed a board up, "St. Michael's Orphanage"—I saw no children there—the house has eight bedrooms, three sitting-rooms, kitchen, and offices—St. Raphael's Convalescent Home has been carried on at Worthing for some years—the next rent became due on 9th August—I don't think I applied for it, I think Justice was not there—it was 17th September before I saw her again, when the distraint was made by the owners of the furniture she had obtained on the hire system—I stepped in as landlord—everything left in the house was sold, and I realised £19 2s. 10d., leaving a balance of £8 7s. 2d. arrears of rent—I have not been paid—I took possession then—she promised to send me the key, but I did not receive it—that was the last I had to do with her—on 17th October I got this letter, signed J, E. Stone, and headed 6, The Mall, Ealing. (Stating that he was instructed to purchase a house at Worthing, and asking for particulars of Salisbury Lodge)—I replied, describing the house, and stating that the lowest price for the freehold was £950—I got another letter of 22nd November, 1893, signed J. E. Stone, and headed St. Michael's Orphanage. (Thanking him for the particulars, and stating that his committee mould be facilitated by the information.)—I answered by this letter of the 23rd November. (Stating that Mrs. Justice had informed him that Stone could have possession at any time he liked)—I received this letter from Stone of 25th November. (Suggesting that Mrs. Justice should surrender the keys to Mr. Ashling, and asking him to address all future communications to their now permanent offices, 76, Finsbury Pavement)—I received this letter from Stone on 28th November. (Asking Ashling to let him know should he hear of any liability incurred by Mrs. Justice among the Worthing tradesmen, so that he might pay them a visit when in Worthing)—I
wrote this reply on December 1st. (Stating that Mrs. Justice had promised to send the key by post, but that the, house was open; and he should like to know Stone's arrangement as to purchase; that lie knew of two tradesmen to whom Mrs. Justice owed money, and that she owed him some rent, and some water-rate)—I only saw Stone once, that was in the summer of 1893, before these letters were written—he came to me to inquire about his mother, Mrs. Justice—I believe he said she was his mother—I told him so much rent was owing, and he said it would be all right—I was satisfied, and had no apprehension there was anything wrong—the house was never sold to Stone or the orphanage; it was afterwards sold to someone else.
Cross-examined. I knew by the board outside the house that Mrs. Justice had an orphanage there, I never saw any children there—I did not know Mother Lucy in connection with the St. Raphael's Convalescent Home; I only knew of that Home by passing it—if Stone had bought the house I should not have troubled what they made of it—in the letter of 22nd November Stone points out that his negotiations were for purchasing Salisbury Lodge on the part of his committee—I thought it was a continuation of the work Mrs. Justice had been carrying on.
Monday, January 14th.
EDITH ANNIE DAVIS . I am the principal of the Lady Guide Association, 352, Strand—prior to June last I saw an advertisement for the use of a room—I answered the advertisement, and some short time afterwards someone whom I cannot recognise called—as the result of my conversation with him I agreed to let a room for about two hours each evening at 7s. a week—after that another man whom I do not recognise came, and gave the name of Stone, and I entered into this agreement with him. (By this it was agreed to let the room for two hours per day for the use of St. Michal's Orphanage from 13th June.)—subsequently I had some correspondence with Stone, who wrote from Finsbury Chambers, 76, Finsbury Pavement—the room was used from time to time in the evening; it was after office hours, and I was not often there—I saw one or two ladies there—the rent of 7s. per week was paid down to 81st July by a cheque about once a fortnight—on 31st July I received this notice. (This was notice of the committee's intention to vacate the room.)
Cross-examined. I did not hear of Justice in connection with the matter.
JULIA LEWIS . I live at 127, Sackville Road, Hove—in June, 1893, I advertised and received a reply, and in consequence I went to Salisbury Lodge, Worthing—I there saw Mrs. Justice in a humbly-furnished room—she wished to have me as matron of the orphanage; there was a board outside bearing the legend "St. Michael's Orphanage; supported by voluntary contributions"—she said she was doing it for a charity; that she had private means, and took in children for charity, and would I go there without any salary—I said, "Is all the furniture paid for, or are you in any debt"—she said the furniture was all paid for; she paid for everything as she got it, and she was in no debt at all—I agreed to become matron there without any salary as it was a charity—I was to get board and lodging—I began my duties at the beginning of July, 1893—there were five children living there: Polly, Sarah, Lizzie, Nellie, and Charlie—I don't remember their surnames—Charlie was crippled—I remained
there about a fortnight—Justice was nearly always away—I fix the time by the Duke of York's wedding—generally she was away for days and nights together—at that time there was an epidemic of typhoid fever at Worthing—Justice came down one morning and said, "I must go; my friends won't allow me to stop any longer "; so we packed up in an hour, and she, I, and the children were off at once—there were then only three children; Nellie was taken away by her mother on the Sunday, and Justice sent Charlie home—Justice told me there were 800 cases of fever, but a doctor told me there were only 200—Justice left me at Lancing, and I went home—a few days afterwards she took lodgings at Dorset House, Hove, and went there with the children—I saw her from time to time at Dorset House up to September—I used to go every morning and write letters for her—believe while she was at Dorset House the children were with her—she asked me to go to Littlehampton, to bring Mrs. Layton's grandchildren—they had never been at Worthing—Mrs. Layton agreed to send them to the orphanage, but they were never there—I got them from a nice handsome home, and had to take them from Little-hampton to Hove to a dirty place where they laid on the floor with a dirty quilt over them at night—a few days afterwards the three children and Mrs. Layton's two grandchildren were taken to Mrs. Vincent, 96, Livingstone Road, West Brighton—Justice asked me to take the children one day to Blenheim House to parade them before a lady who, she said, was likely to join us—I had nothing to do with the Home at that time—when I was at Dorset House, Justice said, "If you will take all the house opposite you can have all the children, and I will give you 25s. a week"—then I first knew that it was no charity—I had no house; I resided in lodgings—she said something about the protection of children, and also that if I would join her in Worthing, £1,000 a year could be made out of the house—she said that about the same time; it was a different plan—she would reopen it when the epidemic had subsided—she asked mo to go back with her as partner, saying we could make £1,000 a year, out of the house—we could take in gentlemen, and epileptic patients and wards in Chancery—I was to put ray savings into it; I declined at once—I told Justice I had savings in India—I gave her an idea how much I had; it would come to about £500, allowing for the exchange—it was understood that joining her in partnership I should have to put money in—she also asked, on the way from Worthing, if, when she reopened the orphanage, I would rejoin her as matron—I said, "Yes, I should require a salary"—she told me she would give me a collecting-book, and that I could pay myself out of what I collected—I did not accept that offer—I did not see any collecting-books while I was there—she showed me a circular, larger than this produced, and not on such good paper; it was printed for 10s. per 1,000—she told me her secretary, Mr. Stone, had written it out—I did not have anything further to do with the children or Justice after July or August—I left Hove in September—once a lady brought a large cake, and Justice said it would be such a treat for the children, she would give it to them for their tea, but they never got any—Justice ate most of it herself—the first day she cut it she gave me one slice.
Cross-examined. When I first saw Justice she said she had been carrying on the orphanage for some time previous—when I first went in
July there were five children—three of them were sent from Mr. Waugh's Home—they bore the appearance of having been very well treated and cared for; I bathed and dressed them every morning—there was no actual unkindness, and with fresh air and cleanliness they looked well and healthy—in addition to the children from Mr. Waugh's Home were the crippled boy, and another—Mrs. Layton's grandchildren were never at Worthing; Justice said she was expecting them, but no arrangement was made for them till after she had left, and was at Dorset House—when I brought them to Brighton from Littlehampton I simply took them to Shirley Street and left them, and did not see any more of them—I cannot say if they were there only one night, or if clean beds were made up for them—Justice may have been at Shirley Street that night, I did not see her—I had ceased to be matron when we had left Worthing—I spoke to Mrs. Jackson about the dirty room—I did not tell the person at Shirley Street to make up clean beds for the children; she said she had no other place to put them; I asked whether she had—it was a bedroom—I went to Dorset House on several days, not daily, but when Justice sent for me—I wrote letters for her—she was continually talking about reopening it—she left all the furniture there when she left, and made no attempt to remove any part of it—before my request for salary I was not aware that she was soliciting subscriptions from the public—she said it was a work of charity, but that she had independent means—she did not tell me that collections were being made for it—I did not know that she had collected on the Brighton Racecourse—I was not suggested as a member of a ladies' visiting committee—I know that she applied to the Local Government Board for the orphanage to be registered, so that she could get aid from the Needlework Guild through the Charity Organisation Society—I signed that application at her request; there was already a lady's signature on it—I understood that it was necessary to have a second name—I wished to help her all I could, being there as matron—I did not know when I was at Worthing that it was Justice's object to solicit charity to enable her to conduct the orphanage—I never saw a collecting-book, or badge, or anything else; I did not know where she went when she was away—she defrayed the expenses for food, and so on, during the fortnight I was there—talking about opening the Home for gentlemen and others, she said we had no servant, and they would want late dinners—she got the circular printed when she was at Dorset House—she said if we had £1,000 between us we could buy the freehold of Salisbury Lodge—I should have been a partner, and, I suppose, the matron—when we left Salisbury Lodge I wrote out a notice to the effect that the house had been closed in consequence of the epidemic, and put it up myself—before we left there was no coal in the cellar, and we did not get any more; that was in July—Justice told me there was an epidemic of typhoid; it got worse afterwards; it did not get into our house—Mrs. Justice shut up the house, and we had to go out—she said she shut it up because of the typhoid fever—she asked me to write the notice; it was true then—I asked her for coals; she said she had ordered them, but they never came.
Re-examined. I read the application to the Local Government Board and put my name to it; it was to get the orphanage registered, so as to be able to get assistance if she wanted it—Justice wore no uniform during
the fortnight I was there; she wore an ordinary walking dress—I never saw her dressed in hospital dress, wearing a medal, and carrying a box—I first learnt that she dressed in that way and went about collecting money when I was asked a few months ago to go to Bow Street. (The reply from the Local Government Board was put in and read. It stated that the Hoard had instructed an Inspector to visit and report upon the Home.)
HENRY DELL . I am a house furnisher, of Preston Street, Brighton—in May, 1893, Mrs. Justice called on me and selected furniture to the value of £162 17s.—there were some small bedsteads suitable for young children—she said they were to be sent to Worthing; I forget the address—this is the bill (Produced)—she was to pay £5 down and £2 a month—a hire agreement was executed—I got £11 from her in three instalments; that was all I got—the last instalment was August 16th, 1893—I wrote to her, making application. (Two letters were produced, asking for a cheque, and a third threatening to take away the furniture)—she called on me about the end of October, and said that the fever about Worthing prevented her getting any money, but she would pay me as soon as she possibly could—I got no money, and about November 17th I cleared away the bedsteads and other things.
Cross-examined. Between the hiring and the clearing away, two bedsteads were sent which she ordered of my foremen, but I did not see her—they remained my property till the whole of the money was paid—the wear and tear of the furniture was pretty well covered by the £11.
REV. BENJAMIN WAUGH . I am a Director of the Society for the Prevention of Cruelty to Children, Harper Street, Bloomsbury—early in 1893 I received three children, Sarah and Polly Perkins and Elizabeth Nolan, into the Society's Shelter by order of the Magistrate; they were not orphans, but destitute children—in October, 1893, Mrs. Justice called—she said she was a lady of means, and anxious to be useful to the Society by maintaining, quite free, such children as we were taking charge of, and that she intended opening a cottage where she would have a lady to take care of them under her supervision—she said nothing about an orphanage—I was pleased with the proposal and with the lady, and said I would do what I could; she was very kind—in February there was another interview between us at the Society's offices, in consequence of which two of the children I have named went to Worthing on February 13th, and one on April 3rd—the third was in hospital at the time—after they had gone I had an interview with Mrs. Justice—she said she had lost her income in part, and would the Society now pay for the children?—I said I was afraid the committee, having given the children free, would not be disposed to pay for them, but I would place the matter before them—I dictated this letter in May. (Dated May 23rd, stating, that if Mrs. Justice was unable to carry out her promise the children should he removed.)—a letter was written by my directions in June, asking as to the health of the children—this is the answer. (Stating that Elizabeth Solan and Mary Perkins were well, but that Mary Ann Perkins was not very well, owing to teething.)—information reached me, in consequence of which I sent this letter of September 4th. (Stating that the children would he removed owing to the inconvenience of correspondence, and as subscriptions were being canvassed for.)—on September 18th one
of our officers went to Brighton to remove the children and bring them to our Shelter, and on September 21st I received this letter, signed "James Stone." (From the office of St. Michaels Orphanage, 2, Colebrooke Row, Islington, requesting on the part of Mrs. Justice to know whether her treatment and care of the three children had given the Society complete satisfaction.)—I then caused this letter to be written. (Stating that the treatment was in every way satisfactory.)—this was sent to Worthing, we knew nothing about London at that time—in addition to that, four other children went down to Worthing to remain with Mrs. Justice—they were not paid for, she took them in for about a month—they returned improved and in good health—it first reached me early in August that subscriptions were being invited; letters were sent to us.
Cross-examined. One of the children was delicate, but not a cripple—one was very young—the first lot were there about six months, and the baby a month—there was no payment—their appearance was very much improved—we sent down four times, and were satisfied with the inspector's report—the children were able to walk, but not able to do much for themselves—Miss Brooks came down.
Re-examined. We did not know of their removal from Worthing to Brighton before the removal was effected—the visit of the two children was anterior to the epidemic; that was not till August—I did not hear that the Home was temporarily removed in consequence of the outbreak.
EMILY LAYTON . I am the wife of Mark Layton, a mariner, of Wellesley House, Littlehampton—I have a married daughter not living with her husband—about the beginning of 1893, a lady, whose name I think was Smith, called on me for a subscription to a Home at Worthing—I gave her something, and had a conversation with her about my two grandchildren—she had a small penny account-book, like this (Produced)—I afterwards got this letter, dated May 3rd, 1893. (Enquiring how much a week she could pay for the children.)—I wrote on June 7th. (Enquiring whether the children could be taken in on Wednesday, the 21st, as the person who had charge of them was going to be married on the 24th.)—before I received that I saw her at Salisbury Lodge, Worthing, and I asked her how much I should have to pay for the children; she said thirty shillings a month for the two—that was supposed to include everything—I afterwards got this letter of June 16th. (From Justice stating that she was willing to take the two children on Wednesday, the 21st, but that Friday would be more convenient)—they were fetched later on, on August 1st, 1893, and £2 was paid—they were then in a lodging at Wick, about two miles from Littlehampton—this is the receipt, "Received of Mrs. Layton £2 for one month's board for the children—M. JUSTICE"—I did not always send the money, because I had to pay more than I agreed, owing to their being removed to Brighton—on September 12th I got this letter. (From J. E. Stone, secretary of St. Michaels Orphanage, Worthing, 2, Colebrooke Row, Islington, stating that 30s. was due at the beginning of the month for the two children, and requesting payment.)—that was the first I had heard of Stone—I wrote this reply. (Expressing surprise that she had not been informed of the children's removal from Brighton, enquiring where they were, and stating that her letters to Brighton had been returned.)—I then received this letter. (From J. E.
Stone secretary, stating that the children had been removed for their benefit and comfort to 96, Livingstone Road, Brighton, and that he did not know that the witness was unaware of the fact.)—I received this letter from Mrs. Justice: "Blenheim House, Marlborough Road, Brighton.—I shall be glad to see you to-morrow, Wednesday, between two and three o'clock"—I went to Blenheim House—she told me that the children were well and well cared for, and were at 96, Livingstone Road, and I paid her the 30s.—she said, "I am the only person to pay money to," and that she had removed from Worthing in consequence of the fever, and was not certain whether she should go back or get another Home—I went with her to Livingstone Road and was satisfied with their condition and paid another 30s., and she gave me this receipt for £3—I afterwards got this letter. (From Stone, enclosing a copy of a letter sent to Mrs. Vincent, of 96, Livingstone Road, Hove, by the instructions of the Committee of Management relating to the two children.)—I heard nothing more of the Managing Committee, I saw no one but Mrs. Justice—I got this other letter from her on November 2nd. (Requesting her to send the money for the children, also a hat, boots, and flannel drawers.)—after that I made arrangements with Mrs. Vincent, and from that time I was responsible—they are there now.
Cross-examined. Harry is about eighteen months old—I paid £2 a month for the two, and the railway fare besides—one of them did not require a ticket, but the woman who fetched them I paid 5s. for—I did not mind whether they were at London or Brighton so long as they were well cared for—I left them with Mrs. Justice three months, from August 1st to November 1st.
SARAH VINCENT . I live at Brighton with my husband, who is a seaman, and have two children—in August, 1893, I was working as a charwoman at Dorset House, Brighton, and Mrs. Justice was there—she had three children with her, two named Perkins and one Nolan—Mrs. Lewis came to see her from time to time—Mrs. Justice said to me, "Can you take charge of the children? the house is closed on account of the fever"—I hesitated a few minutes and then agreed to take them for 5s. a week each—before I took them two other children named Lay ton came to Dorset House from Littlehampton, and I agreed to take the other two for 10s. extra—I began to take charge of them on August 4th—I was to be paid weekly—the money for the first fortnight was paid—Mrs. Justice went away from Dorset House—on August 30th I got two telegrams, and in answer to them I sent Mrs. Justice address—in September I got two other telegrams, and after that this letter. (From J. E. Stone, secretary, enclosing cheque for 30s. for her to sign, and stating that he did not know the exact sum due weekly, or on what day it was due.)—that was the first I heard of a secretary—I signed the cheque. (Dated September 14th)—I wrote the reply. (Stating that the Humane Society's Inspector had taken the three children to London, and asking if she was right in letting them go.)—I find at the Kick of that this reply in pencil. (From Stone, saying that she was right in letting the children go, but that he had neglected to give her notice and enclosing cheque up to date, and requesting her to keep the two other children for the present.)—I got another cheque from Stone on September 18th, on the London and South-Western Bank for £1 7s.—on September 19th the inspector of the Society for the Prevention of
uelty to children, came and took away Sarah, Polly and Lizzie—after that I saw Mrs. Justice—she said she had been away and had been ill, and could not keep them any longer—after that the two male prisoners called on me, and wanted to know if I knew where Mrs. Justice was—I said, "No"—Dennan described himself as a doctor, and Stone as the secretary—they mentioned the children, and I told them they had gone to France—on October 3rd I wrote, "I received your money on Friday," the two weeks' money was due on Friday—on October 3rd I got this letter from Stone. (Stating that she had not informed him when she saw Mrs. Justice last, and requiring to know by return of post.)—I wrote this in answer, "Mrs. Justice came to see the children yesterday, they are quite well and happy; she paid me one week, but I shall be very glad of the other 10s. now due"—I got this reply (From Stone staling that before forwarding a cheque he must be informed why, when Mrs. Justice called, she only received 10s., when the fortnight's money was £1)—I wrote this reply. (Stating that she had not written because Mrs. Justice was going to London and could see him, and had promised the other 10s. but had not sent it, and that she could take one more child.)—I then received this. (From Stone, stating that he had not seen Mrs. Justice, but would come down on Sunday and settle up to date)—on October 16th I wrote, "Madame, Circumstances compel me to ask you to be kind enough to remove the two children now under my care on or before Monday next, 23rd instant, as I will require the room about that time"—I got another visit from the two male prisoners—they said they could not put any more children under my charge until I got rid of the Laytons—Mrs. Justice then came to me and told me she was living in a boarding-house at Brighton, and said she could not understand my wishing to get rid of the children; that Stone was her son, and had no right to interfere with her affairs, and she was greatly annoyed—she had taken him as secretary, and he was paying her money away without any right—Stone then wrote, "Please inform me if you have had any interview as the result of your letter to Mrs. Justice, and if so the result of same"—I then wrote this letter. (To Stone, declining to have anything to do with the other children, as Mrs. Vincent did not think it right to turn the other two away)—I then received this letter from Stone. (Stating that his committee would not hold themselves responsible for the two children for reasons of their own, and that she must not look to them for payment)—I then wrote another letter and got an answer from Stone, saying that he was instructed by the committee to refer me to their letter of October 20th—on November 16th I got this letter. (From Stone, enquiring whether she had sent the two children back to their grandmother, Mrs. Layton, and enclosing a stamped envelope.)—I had seen Mrs. Lay ton and made arrangements, and from that time looked to her for payment, but money was still owing to me—I got a letter from Stone, marked "Private." (This stated that he would use his best endeavours with the committee to see that her claim received the attention that it ought, although they had given her notice that they could no longer be responsible, and requesting to know for how many weeks site claimed up to November 15th.)—I then wrote to Mrs. Justice at Blenheim House, enclosing another account, but I do not think I got an answer—I got some money later on—on November 27th I got this letter from Stone. (Stating that he had written to Mrs.
Justice, but had received no reply, and advising the witness to wait till he called on her at Worthing in a few days.)—I then called at Blenheim House and saw Mrs. Justice, and said that I had written to the grandmother—she said that, in doing that, I had taken the matter entirely out of her hands—she paid me all the money except about 10s.—the arrangement with the grandmother was about the beginning of November—I then got this letter from Stone. (Saying that he should not be able to come down before Christmas.)—Dennan came once to enquire about the children, and he said that Mr. Stone would call and pay the balance of 10s., but he did not.
Cross-examined. I have charge of the two Laytons now; I am paid 30s. a month, less than Justice paid me—I knew she received less than she paid me, I did not know how much—I knew she was receiving nothing for the three children from the society, although she paid 5s. a week for them—I received 25s. a week for the five children and money for washing, from Justice—I gave up charing when I took charge of the children—I found them more lucrative—the inspector who came to take away the three children was quite satisfied with the treatment they had received—Justice came occasionally to see the children, and was interested in them—she wanted to know how they were getting on and their state of health—I knew they were sent to me because of the fever at Worthing—Justice said she expected to return there when the fever was over, and that she had left all her furniture and things at the house—I have received full payment down to 10s., which is now in dispute, and which she said I must claim of the grandmother—I think she paid me up to the time the children were taken over by the grandmother—one of the male prisoners said they did not want Mrs. Justice to interfere, and she would do so unless I got rid of those two children—I know that Mrs. Lewis assisted at the Home; I saw her frequently there—they did not seem on friendly terms—I have received the payments for all the children except the few shillings.
JACOB LONG (Police' Superintendent, Worthing). Early in May, 1893, there began an outbreak of typhoid fever at Worthing—it lasted to the end of November in that year, and it finally ceased at that time—it did not break out again; that was the end of it—from that time the sanitary condition of the town has been very good—the water supply was contaminated, and, seeking to increase the supply, it is suspected that they came across some sewage—then a fresh water supply was obtained, and the fever was virtually stamped out in November, and since then the town has been healthy—since that time, so far as the sanitary condition of the town was concerned, there was no objection to the reopening of an orphanage there—on February 13th, 1894, I received this letter. (This was headed "St. Michael's Orphanage" and stated that it was the intention of the committee to reopen the institution as soon as the sanitary state of Worthing was satisfactory, but not at the same premises, and it was signed "J. Edmond Stone." Enclosed was a notice stating that the premises were closed, owing to the outbreak of typhoid fever, and that as soon an the sanitary state of the premises was satisfactory they would be reopened.)
Cross-examined. At present there is a temporary water supply; the permanent supply is not yet on—Worthing had almost as good a season in 1894 as
it has ever known—our season begins at Easter—a very liberal water supply was on—for the time the original water supply was entirely cut off, because it was contaminated, and we had tanks—then artesian wells were bored and pumps were put down and engines erected and pipes laid from the wells into the town—our present supply is from the artesian wells, and that supply is pure water and is to all intents and purposes a very liberal supply, but the town is seeking a permanent supply from some distant source—when the outbreak of typhoid had subsided, the water supply was as it is now; there was one artesian pump at work then, and I believe there were two in November, and there are two now—we bored down into the chalk and got good water and more than we want—I don't know that the fact of the Home being closed was advertised in the Sussex Daily News; I have not heard of it—I have no reason to believe one way or the other about it—I did not visit the home at any time—ray officers visited it to serve summonses, but I believe they were not served because Mrs. Justice had left and was at Brighton—St. Raphael's Home existed at that time and had done for some time before—collectors went about collecting for it—I cannot say if they wore a uniform; they wore a badge—that Home has now become St. Mary's Home; it is still there, and is, and always was, a genuine concern—the lady superior of St. Raphael's asked me if I knew Mrs. Justice, stating that Mrs. Justice had applied to her to be allowed to collect for St. Raphael's while she was collecting for her own place, and she wanted my advice, whether she should allow her or not, and I advised her to wait and see what I heard about Mrs. Justice in the meantime.
HENRY MILLER (Sergeant R 2 Brighton Police). On 1st, 2nd, and 3rd August, 1893, I was on duty at Brighton Races in uniform—Justice was on the racecourse on those three days with a collecting-box and circulars—she told me she was collecting for an orphanage at Worthing to relieve poor children who had been distressed through the epidemic—on the afternoon of each day she left in my charge for safety, wrapped in paper, the money she had collected, while she went out to collect again—at the close of the day she returned, and took it away—I cannot say how much it was.
Cross-examined. It was principally bronze, I believe—I did not know that there was an orphanage at Worthing—I made no inquiries; I thought it was a genuine affair—she was dressed in an ordinary black dress, I think, not in a nurse's costume.
ANN PLESE . I am the wife of William Plese, of 2, Colebrooke Row, Islington—Stone lodged with us from about the end of 1892, and through 1893—about August, 1893, he brought Dennan to lodge with him, and introduced him as a friend, a dentist—Stone said that he had been a clerk in the City, and had left to do writing work for his mother—they occupied one room between them at 10s. a week, and had the use of a sitting-room for meals—they paid extra for any meals they had in the house—they stayed till October, 1893, going out in the morning and returning at night—if they did any writing it was in their own room; I don't know what they did there—in October they left together—I understood that Stone's mother was interested in an orphanage at Brighton, but I have found since it was Worthing—I got my information from Stone, I believe—I understood
that the writing work was connected with that orphanage—letters came to 2, Colebrooke Row, while they were with me, and for some time after they left—I did not know that when they were with me, and after they had loft 2, Colebrooke Row, was being described as the office of St. Michael's Orphange, Queen's Road, Worthing—I did not know of this notepaper with that description stamped on it; I did not see it before it was shown to me at Bow Street—I saw a circular similar to this, which gives the secretary as J. Edmond Stone, 76, Finsbury Pavement; I read the poetry at the top—when they left in October, 1893, they left the address 6, The Mall, Ealing, and as letters came after that I forwarded them there; they were not very numerous.
Cross-examined. They paid for various meals they had in the house—I was told Dennan was a dentist, and went to various country towns to practice—I did not know it—I have no complaint to make against any of the prisoners—they paid their rent and behaved themselves—Stone said he was going to do writing work in connection with an orphanage—he may have said it was at Worthing.
SARAH SHEPHERD . I live at 19, Windsor Road, Ealing—in October, 1893, I lived at 38, Oxford Road, Ealing, and let lodgings there—in that month the male prisoners came to lodge with me—Dennan gave his name as Edmonds and Stone's as Eustace—they occupied one bedroom at 12s. or 12s. 6d. a week—they stayed about six weeks, and then Dennan used bad language to the servant and I gave them notice, and they left at the end of the week after paying what they owed—Dennan said they had business in Ealing for a few weeks—I saw no more of them.
GEORGE FELTON (Sergeant X). On October 30th, 1893, I saw the two male prisoners leaving 38, Oxford Road, Ealing—I followed Dennan, and saw him call at Holland House, Noel House, St. Angelo, Courtlands, and other houses—I stopped him, and told him I was a police officer, and said, "What are you calling at those houses for?"—he produced a collecting-book, and said, "I am an authorised collector for St. Michael's Orphanage"—he produced a metal badge, like a bronze medal, hung on a green ribbon—I said, "Where is the orphanage?"—he said, "At Worthing"—I said, "Are there any children there?"—he said, "No, unfortunately the fever epidemic which has broken out there has compelled us to remove the children from there at a great expense"—he produced a quantity of memoranda from his pocket—I read some of them—one of them was a printed circular relating to the orphanage, signed "Stone, Secretary, Colebrooke Row, E.C."—it asked for old clothing to be sent—Dennan said Stone would give me all the information I required relating to the orphanage—I said, "Will you give me your name?"—he produced this card and said, "That is my name, Eustace "—the card is "J. Eustace, Salisbury Lodge, Worthing"—he said that was his private address—he said he courted any inquiry I might like to make as to the orphanage—I believe I told him that I had heard he represented himself to be a dentist—he said, "My private practice has nothing to do with this matter "—he did not deny that he was a dentist—I thought his explanation was satisfactory, and let him go—I saw in the collecting-book names with sums of money entered against them.
Cross-examined. He said he would come with me to the station—I stopped him because I believed he was not a bona-fide collector for that
orphanage—before I stopped him I had called on people from whom he has received money—he spoke very gentlemanly to me—I had made inquiries at their lodgings as to their names, and was surprised at the name he gave me, because he was known as Edmonds, and Stone as Eustace.
FLORENCE JULIA WYLD . I am the wife of Everard William Wyld, of 20, Gordon Road, Ealing—in October, 1893, Dennan called and gave the name of Eustace—he said he had been a medical man at Worthing, and that he was collecting for St. Michael's Orphanage, and that they had been put to great expense in moving the children to Brighton in consequence of the fever—I believed his statements—he produced a collecting-book, and asked for a subscription—in consequence of my belief in his statements I gave him half-a-crown, which he entered in the book, I think. (The entry in the book was "Mrs. Wyld, 20, Gordon Road, 2s. 6d.")
HENRY OLIPHANT . I live at Downhurst, Castlebar Road, Ealing—on 11th November, 1893, a man called and made a statement to me about the St. Michael's Orphanage at Worthing—I gave him no money then, but a few days afterwards I sent a postal order for 4s. to the address he gave me—I got this receipt of the 11th November. (This was headed "St. Michaels Orphanage" and acknowledged the receipt from Mr. Oliphant of 4s., on behalf of that clarity, and was signed "J. E. Stone.")
Cross-examined. There may have been a letter with the receipt; I think not.
ALFRED LEECH (Detective Inspector E). I was present at Bow Street on 14th November, 1894, when Annie Clarkson was called and examined as a witness in the hearing of each of the prisoners, and they or their solicitor had an opportunity of cross-examining her—her evidence was taken down and read to her and I saw her sign it—this is her deposition (Annie Clarkson's deposition was ready as follows: "I live at 16, Surbiton Park Terrace, Surbiton. I am the wife of George Clarkson. In October 1893, I advertised in the Surrey newspaper a room to let, and in answer Dennan, the prisoner, called on me and took the room at 12s. 6d. a week. He said he wanted it for himself and a young gentleman. He gave the name of Eustace. Afterwards he and the prisoner Stone, whom I knew by that name, came and occupied the room. They were with me about seven weeks. They did not say what they were doing in Surbiton. After they had left about a fortnight I received a letter asking me to forward letters to an address which they gave, 'J. Stone, Esq., Gordon Hotel, All Saints Church, Newmarket.' No letters came.—ANNIE CLARKSON.")
RICHARD SIDNEY ASSHETON . I am office-keeper at 76, Finsbury Pavement—at the beginning of December, 1893, I had some offices to let there—Dennan, who gave the name of Hughes, and Stone, who gave the name of Edmond Stone, called with reference to an office—I showed them a room with which they expressed satisfaction, and I referred them to Mr. Dryland—subsequently one room on the third floor was let to Stone—each of the male prisoners had a key of it—Dennan said it was to be used for an office for a Home at Worthing which they were going to reconstruct—they were there up to the time of their arrest in October, 1894—no furniture arrived—after
they had been there a little time "St. Michael's Orphanage and Convalescent Home, Worthing, J. E. Stone, Secretary," was painted up on all the plates through the house and on the door—letters came day by day, occasionally a great many—either Dennan or Stone called every day and went into the room for them—the postman delivered their letters to me, as the prisoners were never in, and I put them in their room—I had a key—in the early part of their tenancy they said a gentleman was coming to measure for a carpet, and some furniture was expected, but it never came—they gave no reason for its not coming—on June 15th Stone gave me this paper: "St. Michael's Orphanage and Convalescent Home. In the event of any urgent message being brought to me, be good enough to send it on to my private office, 99, City Road, when my housekeeper will send it on"—no telegram came addressed "Pleniary, London"—I do not know if any such address was registered.
Cross-examined. They said they were using their own office till they could secure an office on the ground floor at Finsbury Pavement.
WILLIAM ALFRED DINGLE , M. D. I am a physician and surgeon practising at 99, City Road—at the beginning of January, 1894, I had two furnished rooms to let on the first floor there—Dennan called and said he was a dentist, and wanted the rooms to live in—I asked him £32 a year rent—he brought Stone and introduced him to me as his pupil in dentistry—he was not going to carry on his business there—they came to live there, occupying the same bedroom—subsequently they took a third room—two plates were put at the side of the street door—on one was "Mr. Dennan, Surgeon-Dentist," and on the other "Mr. Stone"—my rent was paid—the first rent was paid by Stone's cheque on a bank at Islington, I believe—they were with me about ten months—I gave them notice to quit and withdrew it afterwards, and they occupied the rooms till their arrest; they are still my tenants—I saw several young ladies come there.
Cross-examined. I think Stone's cheque was on the National Bank—the rent has been paid up to the time of their arrest—I have not got possession yet; they refused to give it to me—I have communicated with Dennan since his arrest, and said that I will release them if they give me possession—they have written to me—they have the key, and I cannot let to anyone else—the quarter's rent up to October 8th was £9 10s., and they sent me a cheque for £12—any small balance overpaid is now more than exhausted; they owe me something.
ARTHUR JAMES DRYLAND . I live at 2, Guildhall Chambers, and am an estate agent—I have the letting of 76, Finsbury Pavement—in November, 1893, I received this letter. (Asking if he could take £25 a year for the office at Finsbury Pavement, as it was on behalf of a charity, until they could see their way to take a larger office in the same building. It was heade "St. Michael's Orphanage, Worthing," and signed "J.E. Stone")—I sent in reply a form asking for references—I got in reply the names of Howlett, at a solicitor's office, Finsbury Pavement, and Eustace, 16, Surbiton Park Terrace, Surbiton—this is the answer I got from Eustace. (Staling that he had known Stone for five or six years, and that he would be no doubt considered in every way a desirable tenant)—on that reference Stone was accepted as a yearly tenant at £25 a year, and this agreement was executed by him—two quarters' rent were paid, and at Christmas, 1894, two quarters' rent were owing; they are still owing—we took possession
of the room after Christmas, when the tenancy expired—there was never any furniture there.
Cross-examined. Stone said he was secretary to an orphanage at Worthing and wanted the rooms for the orphanage—I received a letter from Stone from 16, Surbiton Park Terrace, on December 8th, 1893, asking for a copy of the agreement—I noticed that both he and Eustace wrote from the same address—only one quarter's rent was due at the time of their arrest; another quarter has accrued since—they have been in custody since October 30th—when Stone signed the agreement he was accompanied by an elderly gentleman—I understood from what he said that there was a home at Worthing, and that he wanted the office as a London office for that Home—he did not say that the Home had been obliged to close owing to an epidemic, or anything of that kind, nor that they hoped to be able to reopen at Worthing.
Re-examined. I noticed that Stone wrote from the same address as that which one of the references had given—I never saw Dennan to my knowledge before I was at Bow Street—Stone said the office was not furnished because it was too high up, and they were waiting for another office lower down in the building.
ANNIE ELIZABETH PARMENTER . I am housekeeper at 99, City Road—the two male prisoners had rooms there and I looked after their wants—on 15th September they were going away—they said they were going to 36, Nicholas Road, Brighton, and I was to forward all correspondence; if anybody asked for their address I was not to give it, but to say I would send a message—letters came after that.
FRANK JOHN TRIDE . I am an auctioneer, at 61, Buckingham Place, Brighton—in September I had a house to let, called Furze Bank, in Dyke Road—on 28th September the two male prisoners called at my office and saw my clerk—next day I got this letter from 36, Nicholas Road, signed "J. E. Stone." (Offering £80 per annum for Furze Bank)—I called on them and was shown into the front dining-room, where I saw Dennan—he said, "I saw a house your clerk has got on his book, but the terms are too high, he is asking £100 for the freehold"—I left then and called on the owners and then wrote this letter—other letters passed between me and Mr. Dennan—references were given, and the matter fell through in consequence of the defendants' arrest, but a draft agreement was submitted and approved by my solicitor—they did not say what the house was going to be used for—I thought it was for a private residence.
Cross-examined. The lease was only awaiting completion when they were arrested, and if I could only have put out of my mind what I have heard since, I should still say they were engaged in a bona fide matter—there were eight bedrooms—the rent was £80, we were asking £100—a condition was that they were entitled to purchase within twelve months for £1,700—they asked for a photograph, but we had not got one—plans were taken, not at their expense; they were old plans of the drains and the elevations—I met a surveyor there whom I knew, named Hollis—I had made an offer, subject to the references.
By the COURT. I presumed they were persons of substance—they referred to J. E. Dennan, 99, City Road, and he said in the same letter that he would forward it to his solicitor for approval—I got this reply from Dennan. (Stating that the witness would find Mr. Stone a desirable
and respectable tenant.)—after three or four interviews Dennan said that he was not Mr. Stone—I do not remember that he gave any other name—he said that the house would be conveniently near the station; that I had shown considerable civility in the matter; and he gave me to understand that I was dealing with a very substantial person.
ELLEN WORTHINGTON . I live at 27, Alexandra Road, Hornsey—in May, 1894, I saw an advertisement in a newspaper for a lady collector—I replied, and in consequence went to the Lady Guide office, 352, Strand, on 19th June—I saw Stone first and Dennan afterwards—Stone said I was to collect for St. Michael's Orphanage, Worthing, which had been closed in consequence of typhoid fever—I was to be paid £1 a week, and 25 per cent, commission on every collection of 16s. a day—Dennan came in, and Stone introduced him—he did not give him a name, he only said "This is the chairman of the committee"—Dennan asked me if I had had any experience in collecting—he was very particular about references, and said that my application would be sent to the committee for their approval; that there was nothing unfavourable, only that I was rather young; I believe Dennan said that—I afterwards got a letter, which I tore up, giving me the appointment—it was signed by Stone as secretary, and it appointed me to meet him at Broad Street Station—I did so, and we went to Clapham together—on the way we talked about the work I was to do, and he gave me this collecting-book. (This showed that £63 8s. 10 1/2 d. had been collected.)—I got a badge a month later—I was employed for about four months—the badge had an angel and an orphan on one side, with the words "St. Michael's Home"—I was to wear it in my pocket, not on my breast, and, if anybody wanted my authority, I was to produce it—the book was called Convalescent Home for Servants outside, and inside it was called an Orphanage—on the journey to Clapham he told me the orphanage was closed, and they were collecting funds for it—the first week I collected from a local directory, and did as much as I could in a day—Stone gave me the directory and I used to copy out of it—we settled every night—I once asked him about the children who were supposed to be in the orphanage—he said there were fifty or sixty—I asked that that I might give information to the persons who I collected from—he said there were twenty-five convalescents—he did not give the name of any other institution—I went from house to house, repeating the story he had told me, and asking for contributions—I went on collecting until the 31st October, and collected £63 8s. 10 1/2 d.—I reported to the City Road, and later on to Nicholas Road, Brighton, sometimes to Mr. Stone, and sometimes to Mr. Dennan—I got my salary paid—I did not always get a commission as I did not always get more than 15s. a day.
Cross-examined. My expenses were about 4s. a week, or perhaps 5s.—I was always paid them regularly—Stone told me after the orphanage was closed that I was to tell people that it was closed owing to the fever—there was a notice in the book, which it was my duty to show the people who paid me money—what Stone said was not that they were prepared to take fifty cases pending the reopening of the orphanage—I never heard of Mrs. Stone—I signed a written agreement; I do not think it contained my instructions—I understood that the convalescent ones were at some Home, and only the orphans were boarded out—I rereceived
instructions to take particular notice of the names of the persons subscribing—I was not to say that the committee would be formed from the list of those contributing most largely—I did not hear of Furzebank, Preston Park, being taken—I heard that a new place was to be opened in November, near Brighton—no names of the committee were given to me, but he showed me a book one day which contained some names.
MARY ILLINGWORTH WOODHOUSE . I live at 5, Dorset Square—in August, 1894, I received a letter, in consequence of which I went to 99, City Road, where I saw the two male prisoners—they asked me to collect for an orphanage, and offered me £1 a week, and a commission upon all I got over 16s. a day—I agreed—they asked me for references—I gave them a clergyman and a doctor—they refused them and said they preferred a lady—I was told to say that the orphanage was closed, and they wanted funds to re-open it—that some female servants' home was attached to it, but I did not hear much about that—having sent my references I went again to 99, City Road, and there entered upon an agreement as collector—I began by collecting 15s. and 16s.—I went to Surbiton the first day with Mr. Stone—he did not go with me from house to house—he gave me two sheets of a local directory—this (produced) is my authority from him to collect, and this is my collecting-book—I went on collecting till about the 20th August—it was a very short time—I collected 23s, the first day and 32s. the second—I gave up the sums each night—I do not remember the total I collected at Surbiton—I went to Hastings and collected £7 19s.—that was about the middle of the second week—I went there with Mr. Stone and Miss Gardiner, and collected for about four days, sending up my collections daily to the City Road—I was stopped by the police on August 27th—I then wrote to Mr. Stone stating that I did not know what to do—next day Miss Gardiner got a telegram from London and went up—I went up the next day and saw Stone—he asked if I was going to resign—I said I did not wish to go on with the work, I was not well enough—he said it was a pity I did not stop at Hastings and get better—he said, "You ought not to be frightened by a policeman; you have not got enough self-confidence. You are helping a good work "—but I had made up my mind, and resigned—he sent me a cheque for £1 10s. 10d., but I returned it, as well as my collecting book and box—we received donations in the boxes, and one day I had £1 2s. 6d. in my box.
Cross-examined by MR. TAYLOR. Stone told me to keep an account of the subscriptions—when he engaged me he said the orphanage had been closed owing to the epidemic—I had no written agreement—no date was fixed for the re-opening, as far as I know—I never heard anything about Mrs. Stone or Mrs. Justice—he said they intended to re-open, and that there was no occasion to be afraid of the police, and I was to give his name and address to them.
ANNIE GARDINER . I live at 78, Edith Grove, Chelsea—in May, 1894, I saw an advertisement in a newspaper, and called at 99, City Road, where I saw Stone and Dennan—they said they required lady collectors to collect for St. Michael's Orphanage and Convalescent Home at Worthing—I was to get £1 a week and 25 per cent, commission on what I collected above 16s. per day—they said the orphanage was closed owing to the fever, and they were going to re-open it in November—I
entered into this agreement—I met Stone by appointment at Clapham Junction, and went with him to Streatham, which was my first district—he gave me this collecting book and a letter of authority, and this badge with an angel and child on it—I also had a local directory for Streatham—I began collecting—what I collected I took daily to the City Road or sometimes to 352, Strand, and paid it to Stone—I also collected at Norwood, Tulse Hill, Croydon, Chislehurst, Henley, Eastbourne, Hastings, Tunbridge Wells, Box Hill, Reading, Reigate, Maidenhead, and Windsor—I collected, from 20th June to 31st October £103 7s. 9d.—I also had a collecting box with which I collected at Eastbourne and Hastings for about one week, getting about £2 a day on an average—my salary and commission were paid—I had on an average £2 10s. a week, I think—Miss Wood house joined me at Hastings—I was collecting one day in Hastings when the police stopped me—I afterwards wrote this letter on 27th August, to Mr. Stone—before that I was collecting alone at Tunbridge Wells, when the police made me go to the Police-station—I made my statement and then I was released and went on collecting—I wrote this letter about it to Stone—I also wrote stating that some people had written to the police authorities and others at Worthing, and that I had been taken to the Police-station, and in reply I got a telegram, in consequence of which I went to the City Road and saw Stone and Dennan—I told them what had happened at Tunbridge Wells—they said it was only through jealousy and vindictiveness, and that it was all right, and that I was to go back again and they were working very hard to open this Home, and it would be opened in November—I knew nothing about the Home, except what they told me—I had not been to Worthing—I relied on their statements as being correct—I went back to Tunbridge Wells, and continued to collect—I saw an advertisement in the paper there, advertising the orphanage—I went to Eastbourne, and I wrote this letter from there. (Stating that one or two gentlemen would have given largely had they known the names of the committee, and that the Mayor had withdrawn his permission to collect, as he had not had a favourable letter from Worthing)—I interviewed the Mayor at Eastbourne—Stone wrote back saying that he would write to the Mayor—I never saw any members of the committee—I was not told their names—I received this letter of October 4th from Stone. (Stating that it would be as well not to give her private address in London to anyone, and not to communicate with Miss Woodhouse)—I did not see Stone after that.
Cross-examined. I forwarded pay-sheets to the office everyday—I collected about £12 in the box altogether—I was kept about two hours at the Police-station—the officer asked me a great many questions—I don't remember if he said it was for a report for the Press—I went back and finished my collecting, and the police did not interfere with me again—Stone told me that he wrote to the chief constable about my being stopped—after that an advertisement was put in the Tunbridge Wells paper to the effect that the orphanage would re-open—that was sent from London—I received about 50s. a week, which included expenses, commission, and salary—in many places I stopped a night or two, and board and lodging had to be paid out of that 50s.—the prisoners told me that the committee would be chosen from the largest subscribers, and that I was to keep a very complete list of them and take care about their addresses—I
was told to show the notice in the book that the Home was shut at the time, but that it was going to re-open after the epidemic was over, and that the collection was to be conducted in the most open manner—they told me they were thinking of taking a house at Hove and re-opening there when the epidemic was over.
By the COURT. I did not know that the epidemic of typhoid subsided in the autumn of the previous year, and that after November, 1893, there was no typhoid at Worthing.
MINNIE GRACE THORNLOE . I live at 9, Clifton Road, Old Kent Road, with my parents—in June, 1894, I saw an advertisement in the Daily Telegraph for lady collectors, and replied to it—I received a letter, in consequence of which I called at 99, City Road—the bell was answered by Stone and Dennan, who was described as the managing director—an arrangement was come to under which I was to collect subscriptions for this orphanage at £1 a week, and 25 per cent, commission on all collected over 16s. a day—they wanted references—in the result I received a letter, asking me to meet Stone at Victoria Station—he there handed me this collecting book with "Convalescent Home for Servants" on the outside—inside was this printed document similar to that in the other books—I had a letter of authority, leaflets and so on—Stone accompanied me to Balham—on the way he handed me leaves from a local directory, which I was to use as my guide where to go to—I was to enter the amounts and names of the persons I collected from in the collecting book, and take the money to the Lady Guide office, 352, Strand, after six p.m.—I continued to do it for about three weeks—I only saw Stone and Dennan at 352, Strand—I collected at Balham, St. John's Hill, and Lewisham—after three weeks I was told to discontinue paying my money to the Lady Guide office, and to pay it on Monday and Thursday to Stone or Dennan at 99, City Road—I had a badge and a lithographed letter written by Mr. Waugh—I went on collecting down to 3rd October, as far as I can remember, but I was at home for ten days out of that time—towards the end of the time I went to Guildford and Godalming—sometimes I was told where to go to; at other times I would go of my own accord—I generally took from the Directory the names of the persons who would be suitable to go to—sometimes I judged from the appearance of a house—sometimes my correspondence and money were addressed to St. Nicholas Road, Brighton—at the end of my time I wrote there and received no reply, and I went home then—something was owing to me; it was afterwards paid—once or twice Stone said the managing committee were dissatisfied because I had not collected enough in comparison with the other lady collectors—I believed there was a managing committee—I find in my collecting book the entries "Maud Easterbrook, 2s.," at Carshalton (I collected that); "B. D., 1s." (that is Bertha Dean); "E. C." (Emily Coleman); "Miss Wood, 6d."—I collected altogether £39 5s. 5d.
Cross-examined. I was collecting from the beginning of June to the beginning of October—I was not paid for the ten days I was at home—I collected in the country and at Southsea—my fares were paid—I only collected about £3 a week—I entered the names and amounts at the time—I was told to take the utmost care about the addresses—I was not told to make a list of the largest subscribers, who would be put on the committee—the
reason given for the complaints was that what I collected did not cover my expenses.
OLIVE BURROUGHS . I live with my husband at Holly Lodge, Surbiton—in the latter part of last August a young lady called on me on behalf of a convalescent home at Worthing, and I gave her 10s. as a subscription, believing there was a genuine convalescent home there.
Cross-examined. I received a receipt and a letter a few days afterwards—I saw the book in the collector's hand—I don't recollect that she showed me a notice inside it—I only remember that the letter I received said that my subscription entitled me to place a patient in the institution if I chose to do so—I don't recollect it said the institution was about to re-open—I have not got the letter.
JULIA MARGARET CHARLESON . I live at Surbiton—in the middle of last August a young lady called in reference to a convalescent home at Worthing to which I had subscribed the year before when a gentleman called for a subscription—I gave the young lady 1s., believing the institution to be a genuine one.
Cross-examined. I know nothing about the Home being temporarily closed on account of the epidemic—I might have heard it—I do not know that it came to an end in November, 1893.
MAUD EASTERBROOK . I am the wife of Frank Easterbrook, and live at Park Hill, Carshalton—on 5th September, 1894, a young woman called with reference to a convalescent home at Worthing, and I gave her half-a-crown as a subscription, believing it to be a genuine institution.
MAUD ANNIE WOOD . I live with my father at Park Hill, Carshalton—on 5th September a young woman called for a subscription for a convalescent home at Worthing, and I gave her a subscription of 6d., believing there was a genuine home there.
EMILY COLEMAN . I live at Wimborne, Park Hill, Carshalton—on 5th September a young woman called for a subscription to St. Michael's Home, Worthing, for orphans and servants, and I subscribed 6d.—she had a collecting book; I believe there was something on it about a convalescent home for servants.
Cross-examined. I noticed the names of some of my neighbours in the book—I did not see a notice that the Home was temporarily closed on account of the epidemic—I believed it to be a genuine institution for the benefit of those persons, and in existence.
EDWARD CLEMENT PRICE . I am assistant secretary to the Charity Organisation Society, at 15, Buckingham Street, Adelphi—on 15th September, 1893, Justice called on me—I took a note of our conversation at the time—she said she had just seen Mr. Waugh, of the Society for the Prevention of Cruelty to Children, and thought it well to call, and that she had called on two previous occasions—I could not find any record of that, though possibly she may have called before—I asked her whether she had any connection with St. Michael's Orphanage at Frampton Cottrell, as a Mrs. Justice was on the committee of that institution—she said she had never heard of it—I suggested that possibly my correspondent had mistaken the name, and put Mrs. Justice in place of Mrs. J. Eustace—she said originally she had taken in a few children at her own charge; that when the scheme grew beyond her means she had applied for outside help; that Stone was the secretary (I did not ascertain
whether he was paid); that Mr. Edmonds and Mr. Eustace were two authorised collectors—she denied any connection with St. Raphael's Home, Worthing—I asked whether any of the clergy at Worthing were references—she replied that there was great jealousy among the clergy, and she desired not to put anyone on her committees or as references—I asked the same question about the doctors—she said she had excluded the name of Dr. Simpson, who was a doctor at Worthing; I cannot recollect for what reason—she said she received children from Mr. Waugh, and they had been sent to her in a shoeless condition—I gathered that she had had words with Mr. Waugh before coming to me—she told me she had told him to take his children away—she said there was a visiting committee at Worthing, and she mentioned three names, of which I remember Mrs. Montgomery and Mrs. Beccles as two—I asked whether Mrs. Beccles was the wife of the colonial Bishop of that name, and she said "Yes"—she told me that the children were at that time boarded out at Lancing and other places, and she was then in negotiation for a house at Eastbourne—her address was Chesham Mansion, Trinity Place, Eastbourne—that was the substance of the interview—on September 25th Stone called—he said the St. Michael's Home was a young institution, and he was a young man, and he asked for advice as to the management—he said he was a dental student, and he came about St. Michael's Home at Worthing, which had been opened in March last, and that the outbreak of typhoid fever and other things had prevented a report being published—I said it was unnecessary to publish a report more than once a year—I mentioned to him the coincidence about the two St. Michael's Homes and the two Mrs. Justices—he knew nothing of the Frampton Cottrell Home—I said that Mrs. Justice spoke of moving altogether from Worthing to: Eastbourne—he said he had no doubt they would re-open at Worthing; that the house had been taken in Mrs. Justice's name; that any money received was put into the Holloway branch of the London and South-Western Bank, to the account of the St. Michael trustees, and that he only drew on it for working expenses; that the only committee was the ladies' committee of inspection at Worthing, who had no financial control—he said that Mr. Eustace was a dentist—I suggested that Mr. Eustace was the originator of the scheme; he denied that, and said it was got up among them all, Justice and Eustace, and possibly more—he said that Eustace was a fairly well-to-do man—he said that he himself looked forward to be the paid secretary of the institution—next day, 26th September, Justice called and asked whether I had seen Stone—I gathered that she expected to meet him at the office—she told me they proposed to re-open at Worthing as soon as they had a clean bill of health—she consulted me as to the proper method of getting rid of the secretary and collectors to whom she had given authority, and with whom she was not satisfied—I understood that to refer to Stone, the secretary, and Eustace and Edmonds, the collectors—she said they kept control of the funds, and she had no power to draw on the banking account—she said she had founded the Home, and that they held the appointments at her pleasure—I advised her to consult a solicitor, and come and see me again when the Home was in better or some working order—next morning I received this letter from Stone, dated 26th September. (Stating that he felt i
incumbent upon him for his own protection and that of the public to have a committee and a co-trustee, and that he had placed himself in his solicitor's hands in order that matters might be put on a regular footing)—that was the last I saw or heard of the prisoners—I had previously been making inquiries about the institution, and as to its genuineness—Justice said she called in consequence of what Mr. Waugh had said.
Cross-examined. It is not unusual for anyone interested in charity to make inquiries at my office; they come for information—I did not make inquiry of the ladies whose names Justice gave me as those of the visiting committee—I could have done so if it had been necessary—she said the children were boarded out, and that she was paying for them, and that she had some children from Mr. Waugh—I do not know that children coming from his institution and going to her would not be paid for by him—he might have boarded them out and paid for them—I do not know what his methods are—I don't remember her saying that she had written to the Local Government Board; she may have done so—I thought her manner was not perfectly straightforward—I gathered that if the institution attained larger dimensions Stone expected to become paid secretary—it is not unusual when a charity is started to expect to get a little out of it; a good many successful charities have been so started—those who promote a charity sometimes get something out of it by way of appointment—I did not think that Stone was genuinely seeking advice—I knew of the St. Raphael Home, at Worthing—I believe it was closed some time ago, but I am not certain of the fact.
Re-examined. Justice told me she had no connection with St. Raphael's.
FRANCIS GEORGE SAUNDERS . I am manager of the London and South-western Bank, Holloway branch—at the beginning of September, 1893, the two male prisoners called to open an account—they said that the younger man had some money coming, a kind of trust money—I said that we did not open trust accounts, but if they liked to open an account in their joint names they could do so—they left references and went away—I inquired and they were satisfactory—while I was away for a holiday an account was opened by John Edmond Stone—this is the pass-book with a lot of cheques in it—the total amount paid in was just under 60 in twelve months—it is still open—the last payment in was on September 12th, 1894; the present balance is 3 2s. 5d.
Cross-examined. Cheques were drawn by Stone, but only one was signed "Secretary," which I got him to alter; I think it was the first cheque ever drawn—it was to the first account for a day or two, it is cut out now—it was "On behalf of St. Michael's Orphanage," but that was not part of the signature—"ground rent" might be on the cheque—it was opened by my cashier in that way, but when I saw it I altered it—it was a purely private account—I saw Stone on the matter and distinctly told him it was a private account and I would not have it otherwise.
SAMUEL THOMAS GREEN . I am chief ledger clerk in the National Bank, Old Broad Street—on July 24th, 1894, Dennan opened an account with 24; it was operated on between then and October 30th,. when the balance was £1 2s. 10d.—the total amount paid in between those dates was 73—he signed J. E. Dennan.
the name of J. E. Stone by a payment of £3—it remained open till November, 1894—about £150 was paid in during that time—the balance on November 20th, 1894, was £2 16s. 9d.—the balance was always very small—this is his pass-book.
ALFRED LEECH (Police Inspector G). In August, 1894, complaints reached me about this orphanage, and I was communicated with by the chief constable of Tunbridge Wells when a young lady was arrested there; I communicated with him and she was released—on October 30th, I went to Nicholas Road, Brighton, and saw Dennan, and read the warrant to him, for obtaining money by false pretences—he said, "What does it mean? I can't understand it; everything I have done has been correct. I have been down here taking the house called the Furzebank"—he produced plans of the house, and said, "This is what we came down here for, and by your action you have stopped the whole thing. I am glad it haft happened, and I court the fullest inquiry; we have been expecting it and have got everything in readiness; we know you have been making inquiries respecting us for the past three months. Mrs. Justice has had nothing to do with it since she left Worthing. As a friend I have advised Stone what I thought was right"—I asked if he could give me the name of any person on the committee of the orphanage—he said, "Not at present"—he expressed his willingness to accompany me to 99, City Road, and to hand over everything which would assist me in the inquiries, which he did—I had wired to London to detain Stone, and he did all he could to assist me—I found on him a pocket-book containing papers relating to racing matters—at 12.40 the same day I went to 14, Claremont Terrace, Preston, Brighton, and saw Mrs. Justice—I read the warrant to her for obtaining money by false pretences—she said, "What does it mean? What have I done? I have had nothing to do with it since I left Worthing, and then I left on account of the epidemic. I worked until I made myself ill, spent my money, and cut up my clothes for the children I had under my charge. I was not aware that Mr. Dennan and my son were collecting money in the manner you describe; I will tell you everything"—she handed me some papers, and said she would give me all the assistance in her power—I brought them to London, and at 8.30 I took Dennan to 99, City Road, and found Stone there in custody—he had been apprehended by Sergeant Gould—he went to a glass bookcase and said, "These books will show you everything;" but they principally related to racing matters—there were two or three books there connected with the office, which he pointed to—the three were taken to the station and charged together—I returned next day to 99, City Road, and found a number of books and documents. (Produced)—two are collecting books such as have been identified by the young lady collectors—some of them had outside, "Convalescent Home for Servants"—I have added them up and find that the ladies collected £1,022 during 1892—the aggregate amount of the two collecting books of the two male prisoners is £180 9s.—it commences at Bedford and ends at Newmarket and Berkeley Square, Lord Randall Gordon £1 1s.—I also found the books of Miss Gardiner, Miss G, Miss Woodhouse and Miss Flinter—I found some letters of February, 1893, passing between Mrs. Justice and Miss Cullum. (One of these was signed M. Justice, Matron, and described the
nurses' uniform and badge, which the collectors had to wear; another applied for some more circulars)—in April Miss Cullum expresses dissatisfaction and resigns her post—I found an account-book with the names of twentytwo collectors, and their collections between June and September, 1894—at the end of it I find "Girls' collection, £227 3s. 2d."—from June 14th to September 14th, 1894, "Receipts from turf, £8012s.; netturf, £391; small book, £250; gross, £596 16s. 2d."—I found a banker's pass-book of the London and South-Western Bank and two of the National, one in the name of Dennan, and the other of Stone—I found cheques in Stone's book, one to a man named Lansdale, who I know as a bookmaker—I found a number of receipts and counterfoils, one signed "J. Edmonds"—the books show collections in October, 1894, with the exception of about six weeks, 180—I found a number of letters asking if Flinter, Eustace and Edmonds were authorised collectors, and replies—this is the new ledger of 1894, the posting has only got as far as the letter B—that would only be about two hours' work—I found a copy of a promissory note, drawn by Mabel Justice, and a number of unpaid tradesmen's bills where she had lived at Worthing and at Talbot Road; also an authority in Dennan's writing, authorising Justice to sign cheques, and an advertisement for collectors of October, 1894, and a number of replies, but no list of a committee, and no minute-book—I found a number of letters relating to betting transactions, and to Lansdale, the bettingman; also a number of letters between Mrs. Justice and the two male prisoners in 1893, but none of later date—I believe I found a £3 cheque. (One of the letters from Dennan to Stone referred to the stoppage of a cheque for £3)—I did not go to Ealing—I also found a post-dated cheque for £380, drawn by Stone on the National Bank, and a letter from the manager of the London and South-Western Bank—some of the papers were on the shelves, some in a bookcase, and others in a basket.
Cross-examined. The total amount of betting which I believe to have resulted adversely to the prisoner amounts to about £30—the £1,012 refers to the gross collection for the orphanage—I have satisfied myself that it is gross—I have added the Newmarket collection to it—twenty-two collectors were employed between June and November, and there were printing and other expenses of carrying on the orphanage—I have tried to find out what is the net, and cannot—there is no date in the collectors' books when they were taken on, or when they were discharged—one was on a week and another a month—out of seventy cheques drawn by Stone, sixty-seven are for betting transactions—I only found six cheques payable to Lansdale—there are two accounts of Stone's and one of Dennan's.
By the COURT. Q. Whatever the gross or the net is, are you in a position to inform us out of the £1,000 and odd collected, how much is available? A. On their property, and including the money at the bank £10 would cover it—I have not been able to find that any of that amount was applied to maintaining orphans or convalescent servants.
By MR. TAYLOR. Dennan was talking all day; he told me they were waiting possession of Furzebank for the purpose of placing a superintendent there—I recollect a statement that a lady superintendent had been engaged—when Dennan said in the train that they
intended to re-open the orphanage he said "I am afraid you will be round long before that"—I never suggested that Justice should go into the witness-box—Justice did not say in front of Dennan that she had nothing to do with it since 1893—they appeared to meet each other very coolly indeed—I am pretty certain that no lady superintendent had been engaged—I met and spoke to Mrs. Hollis—she met Justice while travelling, and I think she was practically duped—before deciding on Furzebank they had been endeavouring, for a limited time, to find a suitable house in the neighbourhood—I have seen the four lady collectors who have been called, and one who was not called—judging from what I have heard, I should say that the directions given to them all were to tell subscribers that the orphanage was then closed, but that they were about to re-open it—the bills I found were tradesmen's bills—I discovered a letter of December, 1893, from Mr. Goodman, manager of the Southern Counties Deposit Bank, to Mabel Justice, by which it appears that they had advanced her, in Brighton, £20, in return for her promissory note for £30—the money was handed to her at Worthing—undoubtedly at that time she was very hard pressed for money—she had the five or six children at Salisbury Lodge then—there were daily and weekly expenses incurred there that she was seeking to defray—I have not added them up.
Re-examined. I found no record of expenses among the papers at the City Road—among the documents I found there relating to Justice I found a number of unpaid tradesmen's bills connected with Worthing—I found these two letters from Dr. Simpson, a doctor in practice at Worthing. (Complaining that his name was printed on the orphanage circulars without his sanction, and asking for its removal.)
ALFRED GOULD (Detective Sergeant). I arrested Stone on 30th October at 99, City Road—the warrant charging him with conspiracy to defraud and obtaining money by false pretences was read to him; he made no reply—I found a cutting from a Brighton paper, referring to the shutting up of the orphanage, and Mr. Dell's account, and some correspondence about a sewing machine supplied to Miss Mabel Justice, and not paid for.
ANDREW KIDD (Detective Sergeant). I went to 76, Finsbury Pavement, and to a room, on the door of which was, "St. Michael's Orphanage"—there was no furniture in it—I found in it two letters addressed to Stone, and containing subscriptions, two cheques of £1 1s. each, and parcels of children's clothing, addressed to Stone—I found at 99, City Road, unpaid printing bills, and visiting cards in the names of Stone, Edmonds, J. Edmonds Stone, Dennan, and Eustace, with different descriptions and addresses—I have made an addition, and find that £1,021 14s. 9d. was collected altogether, according to the collecting books.
Cross-examined. The unpaid accounts for printing were about £3 in all—in some cases payments had been made on account, very shortly before the arrest—the £1,021 is exclusive of £180 collected on the turf—I have formed no estimate of the amount to be deducted for the cost of collecting—there were twenty-two collectors in all that I can trace—the account-book is marked 1894—the collecting books bear no date, except one which has a date, 1893—I have heard Dennan was collecting in Ealing in 1893.
Re-examined. So far as I can see, the collecting books purport to refer to 1894.
ALFRED LEECH (Re-examined). I was in this Court in September, 1894, when Sergeant Gould and Miss Hayward were present—she gave me her name as Hayward, but the name on her book is Armand—she came and gave me certain information, and I made certain communications to her—the prisoners were then in the City Road, and had not gone to Brighton—I was here in another case, and she made a communication to me.
By MR. TAYLOR. She went to them, and I believe she had a cheque sent her—she was a married lady, collecting at Surbiton.
JUSTICE— GUILTY of conspiracy. — Twelve Months' Hard Labour. DENNAN and STONE
GUILTY . STONE— Eighteen Months' Hard Labour. DENNAN— Five Years' Penal Servitude on the seventh Count and Five Years' Penal Servitude on the eighth Count, these sentences to be consecutive.
Before Mr. Common Serjeant.
MR. OGLE Prosecuted.
GUILTY .* SERGEANT COX stated that the prisoner was an idle, worthless, violent man, who was a terror to his neighbourhood.— Ten Years' Penal Servitude.
Before Mr. Common Serjeant.
Before Mr. Justice Lawrance.
MR. C. F. GILL Prosecuted.
LOUISA QUARE . I am the wife of Mr. Quare—the prisoner came into my service as cook about 4th October—I took her with a good character—after she had been with me a little time I noticed that she appeared to be stout, and about the beginning of November I spoke to her about it—she gave me an explanation; she said she had had a severe illness some years ago, and I accepted her explanation as satisfactory—I did not know of her having had a child—on Sunday, 25th November, about five in the afternoon, she went and fetched some coal—she was away from about ten minutes to a quarter of an hour—I thought she looked a little pale, and later on in
the evening she asked if she could go to bed as she felt faint—I saw that she was ill, and I helped her up—she got as far as the kitchen and sat down and got a little better—about half-past eight I wont upstairs—I noticed marks of blood on the stairs—I followed those marks and found them in the direction of the prisoner's bedroom—my suspicions were aroused, and I spoke to my husband and sent for a doctor—Dr. Proctor came with his partner—I spoke to the prisoner and told her I was sure something had happened—she was then in the kitchen—I begged her to confide in me, and told her I would not be hard on her if she would tell me the truth—afterwards the doctor came and spoke to me, and she was put to bed—I was afterwards called downstairs by the doctor and my husband, and I went to the coal cellar, and there was the baby lying in the coals—it appeared to have been wrapped in an apron—the coals had just been removed off it when I saw it—it was brought upstairs, and I gave it a hot bath, applied hot flannels, and attended to it—it was very cold—I looked to it myself until it died on Thursday morning, the 29th—I did everything I possibly could for it—I looked in the prisoner's boxes to see whether there was any preparation for the child—I found nothing on the Sunday, but a day or two afterwards I found a little skirt.
JOHN BRIDGEFORD PROCTOR . I am a surgeon and physician at Norwood—on Sunday, the 25th November, I was called to the house of the last witness by her husband—I went upstairs, and from what I noticed I was led to suppose there had been the birth of a child—I searched the room to see if I could find a child—I 'found in the bedroom an afterbirth, such as would be attached to a full-timed child—after that the prisoner was sent to her bedroom and put to bed—she was in the kitchen at the time—I went to the lavatory, and there saw on the floor a quantity of blood; it was covered with a piece of paper—I lifted that up and there was a quantity of blood under it, and also in the pan of the w.c.—my attention was attracted by hearing a muffled sound, upon which I proceeded to the coal cellar, which was about ten yards away from the lavatory, in the basement—the door was shut—I was unable to detect anything until I again heard the cry of a child—it was a very faint cry—I went into the coal cellar—there was a quantity of coal in the cellar—after hearing the sound I raked about and found the child buried under a hundred weight of coal, wrapped in an apron—I removed the coal, there was one piece of coal lying on the chest of the child, and on examining the child I saw that it was scratched on the chest; its lips were perfectly blue and the hands were clenched—it was in a convulsion, quite collapsed—after sending for Mr. and Mrs. Quare, the child was removed upstairs, and put into a warm bath, and after about a quarter of an hour I was able to rally it—every endeavour was made to preserve its life—there was about a hundredweight of coal built up over the child; it must have been placed over it—it died on Thursday, a few days afterwards—it died from bronchitis, the result of exposure—I found that the umbilical cord was not tied—I spoke to the prisoner when she was taken upstairs—I asked her what she had done with the child—she refused to tell until I had found it in the coal cellar—she then said that a gipsy woman had come a few days previously, and had administered a draught to her,
and said she was to place the child in the coal cellar, whether alive or dead, and she would come and take it away—from the appearances I asked her if she had ever had a child before—she denied it—from the appearances I saw I supposed she had—the child was full grown and well developed—the cellar was cold and damp, and it had been a frosty night—the child had not breathed properly from the time it was found till it died—not having had a post-mortem examination I am not able to state whether there was any internal injury—the hundred-weight of coal was packed right over it, and one large block was lying on its chest—there was a hole made for it, and then the coals were built over it—the amount of coal pressing on the body must have killed it had it remained there—it was built over in small pieces, and the child put in afterwards—probably coal may have fallen upon it.
By the COURT I think it was a premeditated act—in the first place because of the newspaper having been put on the floor, and the knife which she had cut the cord with having been thrown away behind among some boxes—the cord had been cut with a knife; it had not been tied—there had been no hemorrhage—the length of the cord had stopped the blood—I said before the Magistrate that it was possible that her state of mind under the circumstances might have been so disturbed as to prevent her knowing what she was doing.
CAROLINE WINCH . I live at Woodside Avenue, Croydon—I have known the prisoner for some time—I took care of a child for her about four years old—I had it about fourteen months—she paid me for looking after it—she used to come and see it now and then.
FREDERICK BONNER (Police Inspector). I arrested the prisoner on the morning of 15th December—I told her she would be charged with trying to cause the death of her child by placing it under the coals in Selhurst Road—she made no reply.
The prisoner's statement before the Magistrate: "There was a gipsy woman who came and told me and the housemaid our fortunes, and she paid a shilling. I paid two shillings. It was this gipsy woman who advised me to dispose of the child."
Prisoner's defence: I do not recollect putting the coals on the child, neither do I remember getting any coals.
GUILTY. Recommended to mercy by the JURY.— Twelve Months' Hard Labour.
MR. HUTTON, for the prosecution, offered no evidence on this Indictment,
NOT GUILTY .
The prisoners were further charged with neglecting the said child, in a manner likely to cause injury to its health.
MR. HUTTON Prosecuted, and MR. DRUMMOND Defended.
MARY ANN MEADS . I am a widow—I was a lodger of the prisoners' at 76, Somerstown Road, Wandsworth—I occupied the upstairs part, they occupied the ground floor—I knew their eldest child—as near as I could judge she was about two years and three months old—they had two other children—the male prisoner went out regularly to work, as a labourer, at
all times, and returned at all times in the evening—in November he returned about five, and on Saturdays about two—Sundays he would be at home with his wife—she would go out on Mondays, sometimes in the morning, sometimes in the afternoon; the children would be left in the kitchen—there was nobody left to look after them—she put them to bed and fed them in the morning—they would be left two or three hours at a stretch—I was not there when the child died; I had left eleven weeks before—I used to go to work from Tuesday to Friday—the children were rather dirty—I never saw anything the matter with the deceased.
Cross-examined. It was on Mondays that the prisoner used to leave the children—I was then at home, sitting upstairs at needlework, and I have heard them crying very much, and I have gone down to see them, being afraid of their being burnt—they were left for two or three hours; I can't say for certain for how long—of course the prisoner would have to go out to get food—their room smelt very offensive when I have opened the door—on Sundays they were clean—they were well nourished—the prisoner called me to the door and said, "Did you hear them, crying?"—I said, "Yes," and she said, "They are always troubling me when they are washed."
Re-examined. The last time time I saw the child was eleven weeks before its death—I never saw anything the matter with its head.
CHARLES DELAMERE FREEMAN . I am a fully qualified medical man, and live at 9, Windermere Villas, Earlsfield—on 24th November, the deceased child was brought to me by the male prisoner—it was properly nourished and clothed—it had a large running sore on the top of the head—the head was very full of vermin and the stench from its head was awful; I cannot imagine anything like it—that was mostly from vermin—ordinary cleanliness, soap and water, would have kept the vermin from the head—I told the father first of all to closely cut the hair and poultice the head with warm bread poultices, so as to get the scabs off, and then apply some ointment, which I gave him, and I also gave it a bottle of medicine—three or four days after I saw the child in the street in a perambulator with the female prisoner—I stopped it—it had nothing on its head but a hat; I raised the hat to have a look at it, and I think the stench was worse than ever; the hair had been cut, but not closely, not sufficiently; not enough to prevent anyone seeing the vermin or the sores—I do not think the head had been attended to a bit—I told her the head stank, and repeated my directions that I had given to the husband—on November 29th I went again to his home to see the child—it was dead—the head was very much in the same condition—I made a post-mortem examination—I could find no organic disease—it was perfectly healthy except the head—there was not a sign of disease about it—I can give no reason why the head had got into that state except the vermin, which could undoubtedly have been kept clean with ordinary soap and water—that must have been obvious to anyone associated with the child—it would be impossible not to see that it was bad—it must have suffered from its head; the condition of the head was likely to cause it unnecessary suffering.
Cross-examined. I have been in practice about nine years—the child was well nourished and cared for—the sore on the head was not eczema—I heard that one of the children had been suffering from eczema, but
eczema is not contagious—there are many forms of eczema—eczema capitalis is contagious, in this way any irritating discharge will produce eczema in some cases; such a discharge on one child may give one child eczema, and another child another disease, but it is not contagious—this child died from convulsions brought on by irritation of the scalp; that is my firm belief—it is quite possible that high medical authority may never have met with such a case—supposing that vermin would cause eczema, the first thing to do would be to remove the cause.
By the COURT. Q. Supposing it had eczema not from vermin, and then caught vermin, not from another child; would it not be more difficult to get rid of the vermin? A. I think not—it might get vermin from going to school—if the vermin were in small numbers it would not be difficult to get rid of them—I do not think that in that class of life it is a very common thing for children to have vermin which it is difficult to eradicate—the father brought the child to me—he did not seem anxious about its head; he asked me about it, and I told him—I don't think he told me that he had cut the hair—if he had, I don't think I should have told him to cut it—it was cut after a fashion, but it might have been cut closer—it had five or six inches of hair when it was dead, and when I saw it in the street.
By MR. HUTTON. I saw no other cause but the sores on the head to cause death—if a child suffers from eczema, vermin in the head would aggravate it—if it caught eczema from another child, ordinary cleanliness and soaping would be likely to destroy the vermin.
By MR. DRUMMOND. I think I heard at the inquest that the head had been poulticed—I don't think the prisoners told me so—my impression is that the male prisoner said at the inquest that it had done no good—they had the medicine; I don't know whether it was taken.
THOMAS MARSHALL (Sergeant 45 V). I am a coroner's officer—on 29th November, about half-past seven in the evening, I went to No. 2, Brent ford Villas, where the prisoners lived; I saw them both there—I told them I was a coroner's officer, and asked them to give me particulars as to the death of the child—I was invited into the front room upstairs, where I saw the dead child covered up, I uncovered it and looked at it—I noticed that its head was wet, and it had the appearance of having been scrubbed with a brush—I said to the female prisoner, "What is this on the head?"—she at once replied, "That is the cause of its death; that is the trouble; it smells so very badly. I have not been able to do anything to it, and if it had not been for Dr. Freeman ordering the child to be poulticed it would have been alive now"—she said she had poulticed it once—I said, "Your room smells very badly, what is the cause of it?"—she said, "The drains in the house are very bad"—the room was filthily dirty,
Cross-examined. I made a note of the conversation—I have it here, some portion of it; I did not put it all down—this is what I have: "The deceased has had a running sore on her head about a fortnight, and on the 25th instant Dr. Freeman was called in, and she went on fairly well, except that she did not take any food, and got very cross; on the 28th she seemed better and took some tea, but nothing to eat. She was put to bed at twelve at night by the mother; she then seemed all right. In the morning when I got up I found her dead and cold. I called Dr.
Freeman"—That is my note; for the rest I rely on my memory—the child was properly laid out—it is usual to wash bodies that are laid out Re-examined. It is not usual to see the top of the head wet; that drew my attention—there was some hair on the head—it was scabby.
Witnesses for the Defence.
THOMAS STEVENSON . I am lecturer on medical jurisprudence at Guy's—I am a Fellow of the Royal College of Physicians, and Official Analyst and Medical Adviser to the Home Office and the Treasury—I have no charge of patients—I have written a good deal on medical jurisprudence—I have read the Coroner's depositions in this case—I was asked to give my opinion on a point in the case, and I made a report to the Home Office—I have been here in Court to-day and heard the evidence—I have formed no opinion as to the cause of >death—I have had no evidence that the child had convulsions—I have never known a case of a child three years old having convulsions owing to irritation of the scalp—it is a good many years since I attended children, but I have always kept myself informed on such subjects, and I have not met with such a case—I will not say that such cases have not occurred, but they must be extremely rare, or I should have known of them—convulsions, as a rule, do not extend beyond the teething age—I should say it is not a danger likely to be anticipated—as I have not been in practice for many years, I should not like to give an opinion as to whether eczema capitalis is contagious or not; it is not likely to cause death, if there is care and cleanliness—it is a fact that there is great difficulty, even with most careful parents, in keeping the heads of children clean—if they are afflicted with vermin the difficulty would be increased—the scabs prevent their being got at.
Cross-examined. A child suffering in that manner would require special care and cleanliness—soap and water would have to be applied with great care and frequency from day to day—it is no use doing it once or twice—I have heard the state of the child's head described by Mr. Freeman—the scabs irritated the vermin and the vermin kept up the irritation; there was action and reaction—I suppose some remedy would be applied which would destroy the vermin; something beyond soap and water would be advised—vermin would be frequently found after death—we find that patients treated with the greatest care have vermin—suppose the vermin obvious, ordinary cleansing with soap and water would prevent it from coming to such an extent; with poultice, medicine, and soap and water, it ought to improve the condition in a wellnourished child as this was in a few days; but sometimes these heads take a considerable time before they are amenable to treatment, sometimes they recover very rapidly, sometimes they do not for a long time—if there be no constitutional disease I should certainly expect to see an improvement in a month or six weeks if properly attended—this is all on the assumption that this was a case of eczema—vermin do not generally produce eczema; they would obviously increase the irritations a child would scratch the head from the irritation; it is the vermin that produce the discharge—vermin of course would make a sore head sorer—its
general health might suffer, or it might not; it would not tend to improve the health—not having seen it, I could not say whether it would do so—it is difficult for me, under the circumstances, to express an opinion.
Re-examined. I think I read that in this case some ointment was prescribed, a bread poultice would be of no use unless you got the scab off—in spite of ointment this condition of head will last a very long while—there would be some improvement in six days, especially if the child was healthy—the Home Office applied to me for my opinion, if the body was exhumed, whether it would be of any assistance in finding the cause of death.
JOHN TODD THYNE . I am a registered medical practitioner at Earlsfield Road—I have been in practice about three years—I have attended the family of the Hallidays—on the Sunday after the death of this child I was called to attend two other of their children—one was suffering from eczema of the head—I believe eczema of the head is contagious—I did not see the deceased child—I never knew of a case of a child dying from convulsions following irritation of the scalp—I never heard of such a case—eczema capitalis is a very common disease indeed—if that exists with the presence of vermin it is much more difficult to eradicate them—that condition of the head sometimes exists for years in spite of treatment; the eczema breaks out again and again in many instances—I saw the prisoner's home; it was very, very poor, but not worse than many of the houses round about—the child that I attended was plump and well nourished—if that child had eczema capitalis there would be nothing extraordinary in the deceased having it too; that is just what would be expected.
Cross-examined. Vermin is sometimes the cause of eczema capitalis, by the scratching—I saw the house on the Monday after the prisoners were in custody; they had been on bail—I had never been there before; I had never attended any of them, and never saw the children before—one of them suffered from eczema of the head; I have attended it more or less since; that child had no vermin—I think my instructions were carried out; the child is not entirely cured, it is improving; I think it will be cured—it is eczema he is suffering from; he is a little boy—I saw no signs of vermin in its head, it was perfectly clean; I should say it was most probably infected from the deceased child—the bad smell in such cases is very common; you will find it every day in any of the large hospitals—soap and water in many cases will not be sufficient; you cannot, in many cases, eradicate the vermin—you sometimes have to cut off the hair in such cases among the better classes, but cleansing will be a remedy—I should say an antiseptic would be required—in the case of the little boy the eczema is not very much advanced—it is not a bad case; it is yielding to treatment.
NOT GUILTY .
ANNIE BARNARD . I am the widow of James John Barnard, and live at 20, Chatham Street, Rodney Road, Walworth—my husband was thirty years of age—he was carman to Mr. Wells—he enjoyed very good health—on Saturday, October 13th, ho left home at six in the morning—a little after nine in the evening two of his workmen brought his money home—he was then in Guy's Hospital—I went and saw him there—he came out after three weeks, and came homo on November 4th—he seemed to be going on very well for a day or two—I called in Dr. Mitchell, but he got worse—on November 17th he went into St. Thomas's Hospital, and died there—before he went there the prisoner called at our house and saw him, and he asked him if he remembered the few words they had outside a public-house, and did he remember who struck him in the second offence—my husband said: "I am too bad to answer you that. If I don't, someone else does."
Cross-examined by the prisoner. I did not hear you ask him to forgive you—you brought your father with you and he sent for a little ale—my husband had no drink; he was sitting up at the time—I did not see you shake hands with him.
GEORGE WARREN . I am a messenger employed by Mr. Wells in the same yard as the deceased—on Saturday night, October 13th, I was with the deceased in the van which he was driving; we were passing the Rising Sun public-house, in Weston Street, and I saw the prisoner—I had known him before—the deceased was driving close to the kerb on the left-hand aide—the prisoner was standing on the kerb with a stick in his hand, and he hit the near-side horse with it three times on the back, and the horse reared up—the deceased had not said anything to him—he pulled up in about the length of this Court, and got down and went up to the prisoner—I stood by the horse's head—the deceased said, "I have got a whip for my horse if he wants hitting" and before he could well get the words out of his mouth, the prisoner knocked him down and kicked him when he was down—he had not attempted to strike the prisoner—he got up and said, "I did not think that of you Alf "—the prisoner said, "You should not think anything these days"—the deceased got up into the van and we drove off to Mr. Wells' yard—Mr. White, the manager, was there when we drove in—some conversation took place between us there, and we all went to Bermondsey Police-station—as we came back the deceased stopped against the Market Tavern while I went round to the Wellington to see if I could find the prisoner—I did not find him, and I and the deceased went back to the yard—about a quarter past eight the deceased went out by himself—I went after him, and found him talking to the prisoner at the corner of Weston Street—the deceased said to him, "You kicked me"—the prisoner said "Did I kick you?"—the deceased said, "I shan't say, because you have got a mob round the corner," and he. walked across the road from the prisoner—the prisoner was carrying a basket, and he threw it down and ran across the road to the deceased, and hit him in the face and behind, and the deceased fell down—I came up to where he was lying, and he was in a pool of blood, and insensible—after he had struck him the prisoner ran across the road towards the Wellington,
and took the basket with him—I ran and told Mr. Wells—I saw the deceased again a fortnight afterwards.
Cross-examined. You did not say to the deceased, "It is only a lark, Jim; it is nothing to make a row about"—nor did he say, "I am not going to make a row about it"—I say you kicked him—you came off the pavement into the road and kicked him, and a woman took you by the arm and said, "Don't, Alf, don't"—there were two women with you.
By the COURT. The prisoner was not sober.
ETHEL GERMANY . I am twelve years old, and live with my parents at 178, Long Lane—on Saturday, 13th October, about eight or nine in the evening, I was in Weston Street—I saw the prisoner speaking to the deceased—the deceased said, "You kicked me"—the prisoner said, "Did I kick you?"—the other said, "I don't know"—Brown said, "Well, you will have to know, you will have to know"—the deceased then went to run away quickly—Brown rushed after him, and caught him—he had a basket in his hand; he put it down on the ground, and ran after him, and pushed him down with his closed fist—it was a hard push—I saw him fall—I went up to where he was lying—I saw blood coming from his head—he did not appear to be sensible—I saw him picked up and taken away—he appeared to be sober—Brown was the worse for drunk—I saw him again that evening outside the Wellington; he picked up his basket, and went and sat on it outside the Wellington—the deceased did not strike Brown when this occurred—I was in the middle of the road, and they were on the pavement, as far as from here to that desk. (A few yards.)
Cross-examined. I did not see him make a blow at you, and knock the basket off your shoulder.
WILLIAM WHITE . I am manager to Mr. Wells, carman and contractor, Long Lane, Bermondsey—the deceased, Barnard, was in Mr. Wells' employ as a carman; he was a sober steady man—the prisoner was not in the employ at this time—on 13th October, about half-past seven in the evening, I was in our yard—I saw Barnard come in with his van; Warren was with him—Barnard made a complaint to me; I saw that he limped—in consequence of what he said I went with him and Warren to Bermondsey Police-station, and afterwards returned to the yard—he after wards went out—I saw him again that evening—he had been knocked about; he was partly insensible, and was carried out into the yard—he had a cut over the eye, and was bleeding; he was afterwards taken to Guy's Hospital.
Cross-examined. He walked between two men, and I walked behind him.
GEORGE LAWRENCE . I am a registered medical practitioner, and was house surgeon at Guy's in October, 1894—I saw the deceased there in the ward after he had been brought in; he was unconscious—I examined him—his lower jaw was fractured in two places on opposite sides, and he had a very dirty cut about two inches long over the left eye, going down to the bone, and his face was bruised—considerable force would be required to produce the fracture—I could not say whether it was done with one or two blows—I have heard the evidence—I don't think a fall would cause the fracture; I think it must have been a blow—I treated him; his condition continued to improve—he
left the hospital on the 4th November at his own desire; he signed a paper, saying that he took the responsibility on himself—I never saw him again—there was a considerable amount of dirt in the eye, very likely to be from a heavy fall—a blow would certainly accentuate a fall—I should rather have expected to find a severe bruise, but I did not; he had not complained of any kick—I said at the inquest that I had been told of a man who had been going about with a fractured jaw—I did not know anything about it—I said if he had not left the hospital I should have been inclined to think he would have been cured.
GEORGE A. MITCHELL , M. B. I practice at 44, Rodney Street, Walworth—on November 5th I was called in to see the deceased—he seemed very ill—he was suffering from a wound over the left eye, and his jaw had evidently been fractured, and had been wired to keep the fractured portion in position previous to his leaving the hospital. I attended him from day to day until the 17th November—for three or four days he appeared to improve, then he gradually got worse and worse—he made complaints to me, and I formed a conclusion—eventually he was sent to St. Thomas's Hospital—I could not say that if he had remained in Guy's Hospital he would not have died; what he required was to be kept quiet.
LEONARD JOHN MITKIN . I am a registered medical practitioner and house surgeon at St. Thomas's—the deceased was admitted there on November 17th—I examined him—he was drowsy—he could not give any clear statement at one time—he said at one time that this occurred three weeks ago, at another time three months—I found a sinus above the left eye, a small discharging wound, a lot of surrounding redness and cedema of the skin—I probed the wound and detected a gap in the frontal sinus—there was a lot of dead bone, resulting from the suppuration of the wound—at the time I put it down to erysipelas—he has erysipelas—I did not expect any cerebral mischief—the erysipelas got worse—it cleared up in about a fortnight, but he still remained drowsy—a more complete examination was then found necessary, and we decided upon an operation—I did not perform it—I was present when it was done—we thought there was some pus under the bone—the night after we decided to do this he became comatose and the operation was made at once—he improved after the operation, he recovered his senses—the improvement remained for two days, then he suddenly became absolutely comatose, unconscious, and died on 7th December—I assisted in making a post-mortem—we found an abscess in the left frontal bone and meningitis at the base of the brain; that was the cause of death—the suppuration spreading through the wound, and the fracture, caused the meningitis—the wound was the original cause.
FRANK KNELL (Detective M). On 14th October I received information about the prisoner, and attempted to arrest him, but did not succeed in doing so till 8th December, at 9, Ackworth Street, Bermondsey—I saw him in a back room there—I said "We are Policeofficers, and are going to take you into custody for violently assaulting a
man named Barnard"—he said, "I was in the first affair, not the last; I saw Brown and touched his horse with a whip, and I pushed him;" he said, 'I am surprised at you, Brown,' and I said, 'You should not be surprised at anything.'
ALFRED HENRY COLLINS (Inspector). On 10th December last I was on duty at Bermondsey Station—the prisoner was in custody in the cells—he sent me a message, in consequence of which I went and saw him he said he wished to make a statement—I told him he need not make any statement, but if he did I should have to take it in writing, and it would probably be used in evidence—he persisted in making it—I took it down in writing at the time—this is the original attached to the depositions. (Read: "On the night in question I and my wife were standing outside the Rose public-house when three of Wells' vans came along, Barnard driving the last one. I had a small cane in my hand, and hit one of the horses in fun; he got off the van and said, 'I am surprised at you, Frank.' I thought he was going to strike me. I then struck him in the mouth with my left hand, and he got up in the van and drove away. I and my wife then went into the public-house for a little while, and then went home; crossing the lane I saw Barnard walking lame. I said, 'How is that?' he said, "It is where you knocked me down;' he fell, and my wife's sister lifted him up. I and my wife and sister then went home. That is all that occurred."
JOHN OTWAY (Detective Sergeant M). I was with Knell when he arrested the prisoner—I have heard his evidence—it is correct—at the Court during the evidence of a witness the prisoner said, "Barney knocked a basket off my shoulder, and went across the road. I went after him; he tripped over the kerbstone, and as he fell I hit him"—I have made inquiries about him—I know nothing against his character up to this time—no doubt this was caused by drink.
The prisoner received a good character.
In his defence the prisoner put in a paper containing a statement in substance to the same effect as that made to the Inspector, and denying having kicked the deceased.
GUILTY. Strongly recommended to mercy by the JURY — Six Months' Hard Labour.
MR. WARBURTON Prosecuted, and MR. CUNDY Defended.
WILLIAM VICKERY . I live at Cophilder Farm, at Chessington, Surrey—on Sunday night, 16th December, about half-past ten, I was awoke by a man named Hutchins, who had been working on my farm—he made a statement to me, in consequence of which I went down and opened a door—the prisoner Javes was brought in to me by Hutchins—I sent for a policeman and the fire engines—I then went out to the fire—I found that the barns were on fire—the stable adjoining was not on fire at that time—it had been one continuous building—the fire ran from the barns to the stable, and afterwards three hayricks were on fire—all the barns and the stable were of brick foundation, built of timber, and slated with tiles—one of the hayricks was entirely consumed, and the other two were partly consumed—one of the barns was full of wheat, and the others of oats, the
shed between the two barns was full of straw—when I first saw the fire it was between the two barns and the straw shed—some people had been sleeping in one of the barns with my authority—the wind was blowing towards the stacks—my total loss was about £600—the buildings belonged to the landlord, not me—I know Javes by sight, I do not know Maynard—they had not been working on my farm, and had no permission from me to sleep there—they could get into the yard from the road by a gate, which was not shut or locked, only on and off; it was an ordinary farmyard gate—I saw Javes last winter rabbiting on my land with three other men; I did not see them with any nets—I spoke to Javes, and told them they must not do that—he was very abusive to me, and said I should not be on the farm long—I had only taken the farm the last Michaelmas—the people who were sleeping in the shed on that night with my permission were Abbott, his wife and a little boy—they had a little straw to sleep on; they had cleared out the shed—there was no fire there.
Cross-examined. I had been at the farm since last Michaelmas twelvemonths—when I first saw the fire the flames were in the centre of the barns—I did not say before the Magistrate that the whole place was blazing—the wind was blowing straight down the road; it was blowing nearly south—I could not tell you exactly, my excitement was such—the fire blazed towards the rickyard, which would be almost direct north—I had not insured the premises; they belonged to the landlord—outstanding ricks will sometimes fire of their own accord—I insured the ricks and the contents of the barns—I knew that Abbott and the other people were sleeping in the barn—I would not have allowed them to use a light—I believe they had a lantern—I did not consent to their having a light—I did not mention to the Magistrate on the first examination the threat Javes had used to me—I did not want to hunt it up—I am sure it was Javes that I met on my land, and there were three or four others—I don't know that Henry Javes, the prisoner's brother, and others assisted in putting out the fire—Henry Javes was very abusive to me at the fire while the fire was on. (Two others were called in)—those are not the men who I saw on my land—I don't know them at all—it was George Javes, with three others—I am not mistaken—I know nothing about the prisoners being employed at the Ditton Waterworks.
SAMUEL HUTCHINS . I am a yard labourer employed by Farmer Vickery—on this Sunday night I was sleeping in a shed facing the stackyard—I awoke between ten and eleven, and smelt something burning—there was nothing burning in the shed where I was—I called out, and rushed into the rickyard, and saw the fire in the farmyard, over the buildings—I there saw Javes; he was running from the fire through the stackyard—I caught hold of him—we had a struggle, and when I secured him he said, "You have got me"—I took him, and went and called Mr. Vickery up, and told him I had caught him, and brought him in—I kept charge of him till the constable came, and gave him in charge—I went to bed very early that night, between the lights—I did not see a lantern there at that time—there was a lantern there—my mate, Abbott, had it—it had glass all round it—I did not see whether he lit it that night at all—I went to bed about five.
Cross-examined. I did not say at my first examination that I never
used a light except for work—I use a light occasionally when I go to bed—I knew Mr. Vickery would not allow a naked lighted—when I caught hold of Javes I said, "You will have to go with me to Mr. Vickery"—he made no reply—he only said, "You have got me"—I did not see anything of two women.
GEORGE ABBOTT . I am a farm labourer employed by Mr. Vickery—I was sleeping in the same shed with Hutchins on this night—I was woke up by him—I had my wife and child there—there was a lantern with glass round it—I put that light out when I went to bed about eight o'clock—the lantern remained in the shed—there was no fire in or near the shed at all.
Cross-examined. I did not use a covered lantern every night—sometimes I did when it was a bit darker—I never used any candle, only the lantern—when I came out the fire was in full swing; it was alight and burning in the farmyard—I did not see it for a minute or two till I got my wife and child out; then I saw it—I saw two women running down the stackyard at the same time, running out into the footpath—I did not notice whether they had bonnets on.
ANN ABBOTT . I am the wife of the last witness—I was sleeping in the shed on the night of the 16th December—I was roused by the smell of fire—I saw a man running from the fire, and two women—I went to bed at the same time as my husband, and I saw him blow out the lantern very carefully indeed—it had glass round it.
WILLIAM PICKET . I am an Inspector of Police—I took the charge against Javes at the station—after I read it over to him, he said, "I admit I was there; there was another man and two women as well; we went into the shed and laid together."
Cross-examined. I heard that the two prisoners were employed at the Thames Ditton Waterworks—I know nothing against them.
JAMES MORLEY (Detective Sergeant V). On December 17th, I saw the prisoner Maynard at Epsom Petty Sessions—I told him I was a police officer—I said, "You were with Javes last night when the farm was burnt down"—he said, "I was"—I sent for Javes and said to him, "This is the man that was with you last night at the farm"—he said, "Yes"—I told them they would be charged with being concerned together in setting fire to that place—Javes said, "I and my mate were coming along, between the Adelaide and the farm, we picked up with two women; we took them into a shed and laid down and went to sleep. One of the women afterwards woke up and said, 'The place is on fire' "—the prisoners were searched; a box of matches and a knife were found on them—the matches will only strike on the box—I afterwards traced the women to Guildford, and arrested them—they were discharged.
Cross-examined. They were brought before the Magistrate with the prisoners at the Petty Sessions on the 27th and discharged—the prisoners were admitted to bail and Javes was liberated—I know nothing of them—I made inquiry of the landlord of a public-house at Bowdengate—he did not show me a burnt bonnet—he said the prisoners were there overnight up to ten o'clock with the women, and in the morning one of the women came back and said her hat had been burnt in the fire, and he gave her a cap which she was wearing when she was arrested.
I went to Cophilder Farm—I saw Mr. Vickery, who gave Javes into custody—Javes said, "I went into the shed with another man and two women for the night. I went to sleep. One of the women woke me and said, 'Good God, the place is on fire', I made a bolt; the constable caught me and took me back"—I searched Javes and found on him eleven lucifers and a knife—I know nothing of Maynard—I know nothing in favour of Javes; he has been convicted twice as being drunk and disorderly—there has been no charge of felony against either of them; they are both in respectable employment.
NOT GUILTY .
Before Mr. Recorder.
173. STEPHEN SMITH (23), and HENRY GEORGE WAGNER (33) , to a burglary in the dwelling-house of Charles Tuffnell Dyne Burchell, and stealing a mustard-pot and other articles value £60.— Sixteen Months' Hard Labour. [Pleaded guilty: See original trial image.]
MR. HUTTON Prosecuted.
The evidence was interpreted to the prisoner.
NOT GUILTY .
Before Mr. Common Serjeant.
176. WILLIAM CALLAGHAN** (20) , to burglary in the dwelling-house of William Pullen, and stealing a cap and other articles, his property, having been convicted at Greenwich on July 28th, 1892.— Nine Months' Hard Labour. [Pleaded guilty: See original trial image.]
MR. PARTRIDGE Prosecuted.
WILLIAM LEATHBY BEALE . I am assistant to Mr. Heath, a milk dealer, of 90, Richmond Road, Earl's Court—on December 22nd I served the prisoner with a glass of milk, price 1d.—he tendered a florin—I gave him 1s. 11d., and he left—Mr. Heath came in, and said that the coin was bad—he went out with me, and we saw the prisoner—Mr. Heath said, "You have passed a bad coin in my shop"—he said, "I am not aware of it"—Mr. Heath gave him in charge—this is the coin.
HENRY MILLER (337 T). I took the prisoner—he said he passed a florin over the counter, and got 1s. 11d. change, and he was not aware the coin was bad; he got it from a man off a paper counter—I found on him 1s. 6d. in silver and seven pence—he gave his name William Hersee, 16, Strutton Ground, Westminster, which is a common lodging-house—he was taken before a Magistrate and discharged.
tobacco—he tendered a shilling—I found it was bad, and my husband told him so, and gave him in custody.
WILLIAM LIGERTWOOD (277 L). I was called, and took the prisoner—I told him it was for passing a bad shilling, and asked if he had any more—he said, "No," and that he got it from a newsvendor near Piccadilly—I believe he is a newsvendor—I took him to the station—he made no answer to the charge—he said his name was Joseph Godwin, of 16, Strutton Ground, Westminster.
GUILTY**— Six Months' Hard Labour.
MARGARET ANN BROWN . I live at 7, Rookstone Road, Tooting, and am the owner of 4, Park Terrace, Tooting—the prisoner was my tenant in No. 2 for twelve months, and he moved into No. 4 last March at ten shillings a week, and left on June 26th, leaving a balance of rent of £9—I gave him notice because he did not pay his rent.
Cross-examined by the prisoner. You never said that you could not pay the rent, until I gave you notice—you had paid 8s. rent in No. 2.
JAMES PERCY REED . I am a salesman to Messrs. Shoolbred, drapers, of Tottenham Court Road—on June 12th I received this letter (from G. Wallace, of 4,Park Terrace, Lower Tooting, asking for patterns of Brussels carpet for dining and drawing-room, on approval)—I sent patterns, value £12 8s. 2d. with an invoice, but never received them back—I applied for them several times, and in November I went myself and found he had removed—I then received this letter: "Kindly send me an invoice of patterns of carpets sent to 4, Park Terrace, Tooting, and I will forward you a cheque for the same—GEO. WALLACE, 2, Wandle Road, Merton"—I replied, "Sir. With reference to the patterns of carpets, for the return of which we have several times applied we demand their immediate return," it was never regarded by the firm as a sale.
Cross-examined. An invoice was sent with them giving the price per yard—£12 8S. 2d. was the value of the goods; we could not replace them,—it is usual to send out £12 worth of goods to a perfect stranger, to get orders, people must have patterns or they cannot select things.
BENJAMIN MORGAN (Police Sergeant C). T took the prisoner in the road at Merton on June 6th—I showed him these letters, he said, "I intended to pay for the goods—this letter was found on him—he gave his address at Merton, he was living there—the charge was read to him—he made no reply.
Prisoner's defence. I intended to pay for the goods. I did not go away; I was in the neighbourhood every day.
GUILTY .— Six Months' Hard Labour. There was another Indictment against the prisoner.
CHARLES HUDSON . I am a musical instrument-maker of 263, Camberwell Road—on December 7th I went to bed about twelve o'clock—the window was safe, there were two fiddles and two mandolines in it, value £2—there was no shutter to the window, and they broke the glass just above the iron railing—I saw the articles next morning in the possession of the police.
Cross-examined by Lawson The window had only been put in that day, and the putty was new—a drunken man could not have fallen against the glass and knocked it in, because it was broken above the iron railing, which is six feet from the ground.
WILLIAM COOPER (Police Sergeant P). On December 8th, about nine a.m., I examined these premises, and saw a large window broken in four pieces—the two top pieces were carefully laid inside, and anybody could easily take anything out of the window—some new putty had been removed, evidently by a knife—the hole was two feet square.
THOMAS APPLEBY (382 L). On December 8th, about 1.30 a.m., I was in plain clothes in Walworth Road, and saw the prisoners going towards the Elephant and Castle—they looked rather bulky—we stopped them and found two violins on Barratt and this knife, marked with putty, in his pocket—I said, "Where did you get this?"—he said, "I have been to a party," but afterwards said, "I won them in a raffle," and then, "I got them in a boozer," that is a public-house.
Cross-examined by Barratt. You were not obviously drunk—you had been drinking.
WILLIAM BIRCH (Detective L). I was with Appleby—I searched Lawson, and found these two mandolines under his coat, suspended by a belt—he said, "I am just going home; I don't know the other man"—at the station he said, "This man has got my discharge," pointing to Carter——some discharges were found on Carter—he is a seafaring man.
HASTINGS SEYMOUR (Detective L). I met the other two officers—I found nothing on Carter then—he said, "You have made a mistake"—at the station I searched him again and found a pocket knife with one blade recently broken, also Lawson's discharge.
Lawson in his defence stated that he bought the instruments in a public-house for 6s. or 7s.
Barratt's defence. I know nothing about cutting the putty out of the window.
Carter's defence. I know nothing of the robbery; nothing was found on me, but the police said, "You had better take him to the station, he is one of them."
GUILTY . CARTER** then
PLEADED GUILTY to a conviction at the Thames Police-court on May 9th, 1893.— Five Months' Hard Labour.
LAWSON and BARRATT— Three Months' Hard Labour each.
207. ISABELLA HUTSHER (76) , Feloniously attempting to murder Lilian Kirk. Other Counts, for causing Lilian Kirk grievous bodily harm with intent to murder her, and with intent to do her grievous bodily harm.
MR. DE MICHELE Prosecuted.
HARRIET KIRK . I am the wife of George Kirk, a fly proprietor, of Weybridge—the prisoner was in my service as nursemaid for five weeks prior to December 11th—on that day my daughter Lilian, who will be five next July, was in her charge—I have two other children, of whom she has also had charge at times—on December 11th, in consequence of Lilian crying and a communication she made to me, I asked the prisoner if she had beaten my child—she said, "No," but after a little hesitation she said she had—she promised me faithfully not to do it again—on the next Monday I noticed the child's left cheek and neck were swollen very much; the cheek was quite discoloured—I thought, perhaps, she had knocked herself—in combing her hair a very large quantity came out in one place on the left-hand side—I asked the prisoner if she thought Lilian had hit herself against a post or anything—she said she did not know anything about it—I took the child to Dr. Graham at once—in the evening the child cried very much and appeared very frightened, and begged to be taken into my room—on Thursday evening, December 13th, I put the child to bed about seven—the prisoner was there at the time—after that I went to the Queen's Head stables to do booking for my husband, about 8.10—the prisoner was then sitting in the kitchen doing some needlework—I got back about 8.50—the prisoner was then in her room, where she sleeps with the child—I sat in the kitchen for about fifteen minutes writing a letter—during that time I heard little noises in the prisoner's room like those of opening and shutting a box—I thought she was putting her box tidy—I went up-stairs to her room, and found the prisoner inside the door on the step—this box was on the bed on its side—I saw a pink flannel that the child's feet were wrapped in, but I could not see the child, and I said to the prisoner, "Where is my Lily?"—she said, "In the box"—I flew from the house as hard as I could, and ran down the Queen's Road for a neighbour—I called at Mr. Merscher's, and made a communication to him, and then ran on to the Queen's Head as fast as I could for my husband—the Queen's Head is seven minutes' walk from our house—my husband ran home, and I came back as soon as I could—when I got home I found Slaymaker, a neighbour, in the kitchen nursing Lilian, who was deathly white, and did not appear to recognise me—the prisoner was in the room—she began to cry when she saw me—I told her to go upstairs—Slaymaker said it was better that she should stop downstairs—after some time I put Lilian into my own bed—in about half an hour Sergeant Mears came, and then the Inspector, and the prisoner was given into their custody—I have examined Lilian since; she was quite black from thigh upwards—she is a very tall child for her age, and thin.
GEORGE SLAYMAKER . I live at 13, Railway Terrace, Weybridge, and am a gardener—on 13th December, about 9.10 p.m., Mr. Merscher, a grocer, of Railway Terrace, came and made a communication to me, and in consequence I ran to Kirk's house, about sixty yards from my house—I went upstairs and into Mr. Kirk's bedroom—I came out of that, and saw the prisoner in the passage, and said, "Where is the child?"—she said, "In the box"—I asked, "Where?"—she said, "In the other room"—I went in, and saw this box on the bed—I tried the lid; it was
locked—I asked the prisoner if she had the key—she said, "Yes," and gave it to me—I tried to unlock it, but did not give time to do it—I put the box on the floor and burst open the lid—Lilian was in the box, lying flat on her back, with her legs doubled over her stomach—I took her out of the box, and took her downstairs—she was in a very weak state, very ghastly looking—I had to shake her to bring her to her senses—I think she was unconscious when I took her out—she was a very livid colour—I brought her to, and sat and nursed her till Mr. Kirk came in, and then he took the child, and I went home.
GEORGE BOON (Police Inspector). Shortly after eleven p.m. on the 13th, from information received I went to Kirk's house with Mears—I saw Lilian in her father's arms—she appeared in a very dazed state, and ghastly white—the prisoner was partly reclining on a sofa in a corner of the same room—I found there two handkerchiefs tied round the child's neck, with the knots behind—both were knotted tightly—they were loose—the neck was not discoloured—I should imagine they had been tied round the child's mouth—they would have been tight round there, and would have prevented the child from crying out—I sent for Dr. Graham, and on his arrival I cautioned the prisoner, and charged her with the attempted murder of the child—she began to cry, and in reply said, "I won't do it again"—I sent her to Chertsey Police-station, and went upstairs, where I saw this box on the floor—I have measured it—it is 22 3-8 inches long, 12 5-8 inches wide, and 12 inches deep.
THOMAS MEARS (Sergeant, Surrey Constabulary). I went with Inspector Boon—I found on the child some bruises on the outside of the left thigh and hip and left cheek—I found part of the key in the lock of the box—there were some clothes in the box, filling up about one-third of it—I was present when Boon cautioned and charged her—she said, "I won't do it again"—I took, her to Chertsey—she seemed very sullen and illtempered—on the way she said, "I hope you will hang me when you get me there. I have only got to die once; I don't care"—I had told her where I was going to take her—afterwards she brightened up and began singing—she had only been in Weybridge five weeks—I did not know her.
ARTHUR ROBERT GRAHAM . I am a medical practitioner at Weybridge—on December 13th I was called to Mr. Kirk's house a little before midnight, and I examined Lilian—I found some bruises on the left hip and outside the left thigh—in my opinion they had been there two or three days—discolouration was setting in—next morning (14th) I saw her again, and saw a bruise on the left side of the face—I should say that was caused on the 13th, probably by a blow or severe pressure—these injuries might have been caused to the face in pressing the child into the box—the child was in a dazed condition when I saw it—I saw no great evidence of nervousness—I should certainly think that if no one had come home for two or three hours, and the child had continued locked up in this box, it would have been suffocated; air would be practically excluded from the box when it was locked—a handkerchief over the mouth would have assisted suffocation, but it would have been suffocated without the handkerchief—if the box had been one-third full of clothes it would help the suffocation by reducing the quantity of air in the box—the child does not seem to be well; it is very restless at night—it has
received a nervous shock to the system from which it has not yet recovered—it is a healthy child—she may recover.
HARRIET KIRK (Re-examined). I had the prisoner from a home in St. George's-in-the-East—Lilian had a fit since this happened, on last Tuesday week; she had none before—the fit lasted about ten minutes, or a little more; the eyes, and mouth and hands were convulsed very much—the eyes and hands kept continually moving, and her whole body shook—the doctor was not called in—she never had anything of the kind before—she is at present very nervous—she is one continual trouble from four p.m., as soon as it gets dusk, till morning—Dr. Graham has given her soothing medicine—she fancies all sorts of things, and jumps up the whole of the night through now—it takes some time to soothe her to sleep.
DR. GRAHAM (Re-examined). The fit Mrs. Kirk speaks of was a mere convulsive attack, due to the nervous state I have spoken of—the symptoms are all part of the same cause; they are only different symptoms of the same trouble—I am treating the child for nervousness.
The prisoner in her defence said: "I am sorry."
GUILTY of causing grievous bodily harm with intent to do bodily harm. The Assistant Superintendent of the Mission Home which took charge of the prisoner from March, 1892, till she went to Mrs. Kirk, stated that they had considered her as rather a simple, weak-minded girl. DR. WALKER stated that he had examined her upon her arrival at Holloway, and formed the opinion that she was of sound mind.— Eighteen Months' Hard Labour.
ADJOURNED TO MONDAY, JANUARY 28TH, 1895.