CENTRAL CRIMINAL COURT
TENTH SESSION, HELD JULY 22ND, 1895
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
EDWARD T. E. BESLEY, ESQ., Q. C.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
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OYER AND TERMINER AND GAOL DELIVERY
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AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, July 22nd, 1895, and following days.
BEFORE the RIGHT HON. SIR JOSEPH RENALS , Knt., LORD MAYOR of the City of London; the Hon Sir ARTHUR HENN COLLINS, Knt., one of the Justices of Her Majesty's High Court; Sir REGINALD HANSON , Bart., M. P., Sir JOSEPH SAVORY , Bart., 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; GEORGE FAUDEL PHILLIPS , Esq., Lieut.-Col. HORATIO DAVID DAVIES , Esq., FRANK GREEN , Esq., JAMES THOMSON RITCHIE , Esq., JOHN POUND , Esq., WALTER VAUGHAN MORGAN , Esq., WILLIAM PURDIE TRELOAR , Esq., JOHN CHARLES BELL , Esq., and GEORGE WYATT TRUSCOTT , Esq., other of the 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. TENTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoners age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, July 22nd, 1895.
Before Mr. Recorder.
MESSRS. CHARLES MATHEWS and TRAVERS HUMPHREYS Prosecuted, and MR. C. F. GILL Defended.
LESTOCH MACDONALD STEWART . I am an official in the Probate Registry at Somerset House—I produce the original will of Mary Bennett, of Ealing, executed on 29th August, 1849, proved on 26th November, 1856, with two codicils, the first of which is dated 10th May, 1853, and the second dated 4th June, 1856. (The will bequeathed£700 to the Rector and Churchwardens of Great Greenford in trust for the benefit of twelve poor persons of that parish.
ALFRED WILLIAM PERKINS . I live at Great Greenford—I am one of the churchwardens of that parish—I was appointed in May last—my father, Thomas Dix Perkins was churchwarden within a very short time before his death, which was in August, 1891—the defendant was appointed rector about November, 1890—I think my father was then one of the churchwardens—I did not at that time know of the existence of this trust fund, it was some time after—Mr. Whittington succeeded my father as churchwarden—Mr. Roy was, and is row, churchwarden—the defendant resided at the Rectory—the living was estimated at about £600 a year, gross, including the rent of the Rectory—there would be certain payments out, to Queen Anne's Bounty and other things, which would reduce the nett income to about £375 a year, and the Rectory to live in—the actual value of the income is about £260 a year—in January, 1895, I heard something which took me to Mr. Biscoe—I showed him the certificate of transfer with my father's name on it, relating to Bennett's Charity—I asked him what that transfer referred to—he said, "To Bennett's Charity—this (produced) is it—the Charity was instituted in the time of the previous rector, Mr. Beard, and my father—the amount of it was £463 4s. 11d.—I asked Mr. Biscoe where the stock was—he said, "At the Charity Commissioners"—that
led me to the office of the Charity Commissioners to make inquiries—I afterwards saw Mr. Biscoe, and told him I had inquired about the stock at the Charity Commissioners, and they said the stock was not there—I asked him again where the stock was, and he said, "At the Bank of England"—I went there and made inquiries—I again saw Mr. Biscoe, and again asked him where the stock was—he disputed my right to ask him—I said I asked him as an overseer and as a parishioner—he said as an overseer I had nothing to do with it, and as a parishioner I had nothing to do with it—I said I ought to take out a warrant for his arrest—he said that would do me no good, as we should get nothing out of the living, for it was under sequestration—at that time Mr. Whittington was churchwarden—I saw him, and went with him to the defendant—I said to him, "You refused to answer me yesterday about the Bennett stock, I now bring Mr. Whittington, the churchwarden, to ask where the stock is—he again said, "At the Charity Commissioners," I said, "That is not true,"—he then said, "At the Bank of England"—I said, "That is not true. You sold out in 1893—where is it?"—he said, "It is in my possession"—I suggested that he should come with us to the police and face it—he then said he had not got it—I said it would be the best thing to take out a warrant for his arrest—he said we should get no money out of the sequestration—he said he should write to Mr. Whittington and let him know what could be done—as far as I know he did not write—I went to the Charity Commissioners and requested them to make some official inquiry—I had known about this Charity, among others—I can't say I could exactly recognise the whole—I think I should recognise the defendant's handwriting—I believe these two letters of 22nd and 24th March are his writing, also the signatures in the bank-books and the endorsements on these cheques—during the defendant's term of office I know that this fund was being distributed—I saw it distributed by the defendant last Christmas.
Cross-examined. The funds of this Charity have always been distributed up to the present time—the defendant said he hoped the money would be all returned—I think his exact words were, he would communicate with his friends and he hoped the money would be returned—he was presented to the living at the end of 1889, by King's College, Cambridge—he came to the living in 1890, and came into residence—I should not like to say that the actual value of the tithes produced £140 a year—probably £100 a year was paid to the prior rector out of the living, and £70 a year to Queen Anne's Bounty—I do not know that he had a number of payments to make for dilapidations and other things on coming into the living—I have seen a letter that Mr. Roy wrote on that subject—if he says that is the fact I should not doubt it—I heard it from his bankruptcy and from other sources—our suspicions were aroused at the end of December or the beginning of January this year—I cannot say the exact date, I do not keep a diary—I know that he was made bankrupt—I have heard the name of Woolf in connection with it—I think the conversations I had with the defendant were previous to his bankruptcy, they were early in January, I think—I did not know Mr. Biscoe before he came to the living—in his letter to his solicitor, Mr. Newton, he states that he hoped that the funds would be returned.
the defendant—I was first introduced to him about April, 1892—on April 14th, 1892, I sold on his behalf £200 Consols standing in his name as survivor of a joint account, and gave him a cheque for £191 19s. 6d. on the Cambridge Bank—it has been passed to his account—on December 13th I received this letter from the defendant, in consequence of which I sold the remainder of the stock, £263 4s., and gave him a cheque for £257 5s. 6d.—it was endorsed and passed through a bank—I witnessed his signature in the two transfer books.
ERNEST LESLIE MITCHELL . I am a clerk in the Consols Department of the Bank of England—on 12th February, 1891, there was a sum of £463 4s. 11d. standing in the bank books in the names of Mr. Thomas D. Perkins and the Rev. Arthur Beard as trustees—on the death of Mr. Perkins it was transferred into the names of his son and Mr. Biscoe, and so it remained down to 23rd March, 1892, when the probate of Mr. Perkins' will was brought to the bank—on 14th April I find in the books a transfer of £200 by the defendant, as survivor of the joint account, to Alexander Jacks—Mr. Biscoe's signature is here—in December, 1893, I find an entry of a transfer of the balance of the trust fund—there is Mr. Biscoe's signature to it, showing that he was present at the transfer.
GEORGE GREEN RAYNER . I am manager to Mortlock and Co., bankers, at Cambridge—Mr. Biscoe has for a large number of years had an account there—I produce a certified copy of his account on 19th April, 1892—there was an overdraft of £46 4s. 8d., and on that day a cheque for £191 19s. 6d. was paid in—that account was operated upon up to 18th December, 1893, and on that "date there was a credit balance of £1 18s. 10d.—on that day a cheque for £191 was paid in, and that was operated upon until 20th February, 1895; there was then an overdraft of £29 14s. 3d.
Cross-examined. Mr. Biscoe had an account at our bank for a great number of years—from 1885 he was chaplain to King's College, until he was presented to this living.
HENRY WARREN . I produce the file of proceedings in the defendant's bankruptcy—the date of his petition was 15th January, 1895—the petitioning creditor was Jonas Woolf, of 215, Piccadilly—the receiving order was on 14th February, 1895, and the adjudication on 2nd March—the statement of affairs is dated 14th February, the same date as the receiving order—it shows liabilities amounting in the aggregate to £2, 475 3s.—the assets are computed to produce £60, but after deducting preferential creditors, £8 6s. only.
Cross-examined. In the list of creditors I find Albert and Co., 3, King Street, St. James's, money lenders; Arthur Cheston, of New Burlington Street; Samuel Endell, of 66, Old Broad Street; J. Ford, Gower Street, money lender; Jackson and Co., Duke Street, money lender; Thomas Kayler, Waterloo Place; Gordon and Edwards, money lenders; E. Shuckboro, of Bristol; and Willis, of King Street, Oxford—the petitioning creditor is Jonas Woolf, of Piccadilly—the proportion of money lent is £777.
CHARLES RICHARDS . I am an inspector, of Scotland Yard—on the evening of the 4th May I arrested the defendant in Lord Rowton's Home in Vauxhall—I said to him, "Mr. Biscoe, will you come outside a minute, I want to speak to you?"—he said, "What do you want?"—I
said, "I am going to arrest you for the misappropriation of trust funds"—he said, "All right"—on the way to the station I said, "I will read the warrant to you when you get to the station, it is in connection with Betham's Trust"—he said, "It is not Betham's, I can tell you what charity it is, of course you will give me the defendant's caution"—at the station I said, "The warrant refers to Bennett's Charity"—he said, "Yes, that is quite right"—the charge was read over to him—he made no answer to it—he is not a married man.
Cross-examined. He has been nearly a month in custody—he was admitted to bail, and has been living at Lord Rowton's Home—I know the names of some of his creditors.
The prisoner received an excellent character.
NOT GUILTY .
Mr. Coulson, acting as agent for a gentleman who was desirous of having the stock replaced, stated that it had been transferred to the names of Mr. Perkins and Mr. Whittington.
547. JAMES COOPER(23) , to feloniously setting fire to certain bedding in a dwelling-house. [Pleaded guilty: See original trial image.] Judgment respited to next Session, in order that inquiry might be made into the prisoner's mental condition.
NEW COURT.—Monday, July 22nd, 1895.
Before Mr. Common Serjeant.
MR. PARTRIDGE Prosecuted.
ALICE REED . I am the wife of William Reed, and keep a shop at 49, Jamaica Road, Southwark—on 9th October last, about 8 p.m., the prisoner came in for a pork chop, value 2 1/2 d.—she gave me a piece of money like a florin, but almost like a piece of lead; it was wearing smooth—it appeared bad—I asked the prisoner where she got it from—she said a gentleman gave it to her—I asked her if she had any more—she did not say—I called my husband, who asked her if she had any more—I sent for a constable, and she was given into custody, taken to the Police-court and discharged—on 21st or 22nd June, the police came to me, and I was taken to the Police court where I saw the prisoner—I am quite sure the florin was bad.
FREDERICK ADAMS (355 M.) On 9th October I was called to Reed's shop—Mrs. Reed said the prisoner had passed a bad florin and gave her into custody, and I charged her with uttering base money; she made no answer—at the station she said a gentleman had given it to her—I bit the coin and marked it, and also bent it; it was bad—I handed it to my inspector.
WILLIAM MOSS (Police-Inspector). I received the coin from the last witness, it was bad—I cannot find it now—the prisoner was charged in my presence—some time after she was charged she said the coin was given to her by a gentleman, but she would not disclose his name.
HENRIETTA HENDRICK . I am employed at the Windsor public-house in the Strand—on 21st June I was in the bar—about 7.30 the prisoner came in for a glass of stout, price 2d., and tendered me this florin, which I knew to be bad directly—I called the manager and handed the coin to him—I had no conversation with the prisoner; I did not give her the change.
Cross-examined by the prisoner. I gave you no change—you did not give me another in change for it.
FREDERICK STANLEY . I am manager of the Windsor—the last witness called my attention to the prisoner and to this coin, which I saw was bad—I went outside the bar and drew her attention to the fact that it was bad, and I said I believed she was a person who came the night previous to pass some money—we had taken two bad coins on separate days—I told her she had passed the bad coin, and asked her who gave it to her—she made no answer—I said if she did not give me a satisfactory answer where she got it from I should prosecute her—I clear my till each night at six—on Thursday when I cleared it at six the coins were good, when I cleared it again at eight I found this bad florin—to the best of my belief the prisoner was in my bar on that Thursday at seven o'clock—I told her I believed she had passed the coin the previous night over my bar; I compared the two coins, and believed they were out of a similar mould—she made no reply, and I called a constable and gave her into custody—no change was given to her.
CHARLES STRIDE (95 E). I was called to the Windsor on the 21st June—Mr. Stanley accused the prisoner of tendering a counterfeit florin, and gave her into my custody—she said nothing—I took her to the station—the female searcher searched her—in the cell passage she said a gentleman had given her the coin, and she only knew him by the name of Charlie—that was the only statement she made—she was charged after that.
The prisoner's statement. "I was not aware it was bad when I gave it to the young lady."
Prisoner's defence. I was not aware it was bad on June 21st; I was not there the night before.
GUILTY on the First Count— Six Weeks' Hard Labour.
550. FRANCIS FOUNTAIN(18) [Pleaded guilty: see original trial image] , to forging and uttering the endorsement to a cheque for £8 8s.; also to stealing a post letter containing an order for £8 8s., the property of Her Majesty's Postmaster-General. He received a good character, and had repaid the money.— Discharged on Recognisances, his friends undertaking to send him to Queensland.
551. FREDERICK JACKSON(29) [Pleaded guilty: see original trial image] , to three indictments for stealing letters and postal orders, the property of Her Majesty's Postmaster-General.— Three Years' Penal Servitude.
MR. RICHARDS Prosecuted.
Acting on a statement by the prisoner that he found the letter, the Common Serjeant ruled upon the authority of Reg. v. Flowers and Reg. v. Ashwell, 16 Q. B. Law Reports, that the prisoner could not be convicted.
NOT GUILTY .
PLEADED GUILTY.— Judgment respited.
MR. RICHARDS Prosecuted.
CLARA FEAREY . I live with my husband at Stamford Hill—on June 17th I sent my daughter to the post-office at Berkley Road to post a letter, addressed to Mr. Jelf, house furnisher, Holloway Road—we had a communication from Mr. Jelf, and communicated with the Post Office.
FLORENCE FEAREY . I am the daughter of the last witness—on 17th June she sent me for a postal order for 5s.—I had a little brown dog with me—I took the order to my, mother, she put it in an envelope, and I posted it at nine o'clock at Berkley Road—I got no other postal order that day.
AUGUSTA CARR I am a clerk at the Berkley Road post-office—I remember the last witness buying a postal order—this is it—I knew her by sight, but not by name—I recognise it by my initials; it is No. 7130—I take the number of every one I issue.
WILLIAM JELF . I am a house furnisher of Holloway Road—I open all orders addressed to the firm—I did not receive an order from Mrs. Fearey at that date, and complained to the Post Office about our losses; we have lost thirty.
THOMAS POWELL . I hold a newspaper-stall under the railway arch—on June 9th, a little after nine a.m., the prisoner came to me, handed me this order for 5s., and asked me to cash it; it was signed "R. Harvey"—I said, "If you will stay here I will go and get it for you"—I went to the post-office, got the money, gave it to the prisoner, and he gave me 2d.
CHARLES ALEXANDER COMBER . I am a clerk in the Northern District post-office—on June 14th I was in Holloway Road, and saw the prisoner and Powell in close conversation—Powell left the prisoner at the stall—he went to the office with a post-office order in his hand and cashed it, and went back and gave the money to the prisoner, who gave him something, and went to a public-house—I knew the prisoner's number.
cashed this order for Powell—Comber came in shortly afterwards, and I showed it to him—it was filled up and signed, "R. Harvey," just as it now appears.
JOHN COMPTON . I am in the Confidential Department of the General Post Office—in consequence of complaints about letters passing through the Holloway office I made inquiry—on July 8th I saw the prisoner, and said, "You gave this order to the newspaper man to cash, I request you to tell me where you got it"—he said, "I have never seen the order before, it was never in my possession"—I said, "I have seen Powell this morning, and he says he cashed it for you, and gave you the money"—"R. Harvey" is written on it in two places, not in the prisoner's writing—I said to the prisoner, "You go and assist other men at one o'clock in sorting their letters"—he said, "I have never done so."
The prisoner. I deny that.
Witness. I called a witness who saw you do so.
WALTER JAMES SHRIMPTON . I am head postman at Holloway post-office—the prisoner was an auxiliary postman there and station messenger—on June 18th he signed the book at one o'clock—a letter posted at Stamford Hill at nine o'clock should reach the office at 12.47, and would go out the same day—the prisoner had access to it—there was a new hand named Marshall, and he used to assist him out of kindness.
ARTHUR MARSHALL . I am employed at the Holloway sorting office—I was formerly a telegraph messenger—I began my duties in May, and the prisoner assisted me—I cannot say whether he assisted me on June 17th.
The prisoner. I was not in the office till 1.30 that day.
W. J SHRIMPTON (Re-examined). I produce the time-book of June 17th—the prisoner signed the morning duty that day at 8.5, and signed for the finishing of his duty at one o'clock.
Prisoner's defence. I was not in the sorting office that morning till 1.30—I had a train due at Holloway Station, and all the men had gone on their delivery when I got there—the entry is not in my writing at all—I deny asking Powell to take the order.
GUILTY — Twelve Months' Hard Labour.
The evidence was interpreted to the prisoner.
FREDERICK SHEPHERD . I am a grocer of High Street, Uxbridge—on Sunday night, June 30th, I fastened up my shop at ten o'clock, and went to bed—my wife awoke me at a few minutes before eleven, and drew my attention to the breaking of glass in the shop—I opened the bedroom window, gave her a whistle to make an alarm, and went downstairs and found the window broken, and the prisoner crouching behind the counter—he had broken the window, unfastened it, got in and closed it again—I missed two boxes of chocolate creams—the prisoner had no boots on, but
I found a pair of boots on the counter—I left no chocolate creams outside the window in the garden—they were all inside—these are my boxes.
Cross-examined by the prisoner. There were not two empty boxes in the garden.
JOHN LONGHORN (220 X). I took the prisoner on June 30th, and found two chocolate cream boxes, but they were empty—when the charge was read over he said, in broken English, that he did not get them there—he found them in the road.
The prisoner's statement before the Magistrate. "I plead guilty to breaking into the house, but I did not steal anything.
GUILTY .— One Month's Hard Labour.
OLD COURT.—Tuesday, July 23rd, 1895.
Before Mr. Recorder.
MR. MCKAY Prosecuted.
ARTHUR ROBERT MAYS . About ten minutes after midnight on 7th July I was accosted by Oakley and another woman—to prevent conversation with them I stepped towards the roadway, when Pearson came behind me and knocked me down in the road—Edwards came running up and kicked me in the mouth, splitting my lip and loosening my teeth—I was then surrounded by the three male prisoners, with others, and kicked and robbed of my watch, which I saw handed to Pearson—I ran after him, and Edwards cross-countered me and knocked me down, and said, "You shall not take my mate; I will do time for him, you b——"—a constable came up and arrested Edwards, and I was giving him in charge when Oakley came up behind me and struck me at the back of the head and knocked me under a passing cab—I gave her into custody—when Edwards was searched at the police-station a flat-iron and two blacklead brushes were found on him—when he was charged with kicking and striking me he said, "Yes, you f——r, and I will kick you again"—I am sure Evans was there; he assisted the others in kicking me when I was first knocked down—I gave the police a description of Evans and Pearson; a warrant was taken out, and they were arrested—I afterwards saw Evans at the police-station before the Magistrate on another charge; he was re-arrested—Pearson was with Evans there, but I only saw his back, and could not identify him, and he was discharged; but he was afterwards arrested on the Saturday, and I identified him on the Monday morning.
Cross-examined by Edwards. I was not unconscious till after I was kicked by you and the others—when I was getting up from the ground, I saw the watch handed to Pearson.
Cross-examined by Evans. You did not kick me in the face; you thumped me in the face, and assisted in kicking me about the body—Edwards kicked me in the face; my eyes were cut and my lip slit—I pointed out at the police-court a man whom, I believed, assisted you in the robbery and assault, and he was remanded for a week; he was there, but did not take part in it.
Cross-examined by Oakley. I did not swing my straw hat in the faces of you and Greenhill, or call you a name.
Cross-examined by Pearson. I did not flick my straw hat in your face; you punched me from behind while Oakley was talking to me—I said, "Give me fair-play, you cowards; let me get up"—you ran away.
EDWARD HENRY SPOONER . I am a painter—on 7th July I saw the prosecutor coming down the Edgware Road, and something was said to him, and he turned and said to the prisoners, "I think you have made a mistake"—Pearson (whom I knew before in the name of Bryan), Oakley, and Evans and Edwards were there, and several other girls—the prosecutor walked along and stepped into the roadway; Pearson came behind him and dealt him a blow and knocked him into the roadway, and Evans and Edwards came running up and made a running kick at him, and then stooped over him—he got up and said, "I have lost my watch," and he went after them—I heard Pearson, after striking the prosecutor, say, "Now you have got all you want"—after the prosecutor ran after the prisoners I did not see any more of it, as I was helping Mr. Real at his coffee-stall, opposite to which this happened.
Cross-examined by Edwards. The prosecutor was on the ground two or three minutes—I don't know if he was unconscious or not—I have known Edwards by his nickname "Wino"—I have no doubt he was there—I know Evans by sight, and by the name of Connors.
Cross-examined by Evans. You made a running kick at the prosecutor; I did not see you strike him—the prosecutor got up by himself, and ran after Edwards, when he missed his watch, and I saw no more of him till the police came, and wanted us to give evidence—another man, named Arthur, was there—he has not been apprehended.
Cross-examined by Oakley. I did not see you do anything—you were there with another girl—if you did anything it was higher up the road.
Cross-examined by Pearson. The prosecutor said, "If you are men give me fair-play"—Arthur did not help to pick the prosecutor up—he got up himself—he was in the gutter.
FREDERICK JAMES REAL . I am a coffee-stall keeper—I saw Pearson (who is also known as Bryan and Patrick Shea) knock the prosecutor down—Edwards and Evans made a running kick at him and knocked him down, and while he was down they kicked him and knocked him about, and made a scramble for his pockets, and then they made off—the prosecutor said he had lost his watch, and went up the road, and I could not see what happened then—what Oakley did was further up the road.
Cross-examined by Evans. I saw you stoop over the man.
Cross-examined by Edwards. Pearson was the man who first knocked the prosecutor down, you others came up afterwards.
Cross-examined by Pearson. The only thing I heard the prosecutor say was, "I think you have made a mistake," and he passed into the gutter to avoid them—you went up the road with the other men and some girls, they all followed you.
much from his mouth and eyes, where he had been knocked about—he pointed out the four prisoners, and no sooner had he done so than they all ran up the road—the prosecutor said, "I mean to have the one who has my watch," and ran after them—Edwards turned and said, "No, you don't take my pal, I will do time for you," and he knocked the prosecutor down—I arrested Edwards, and took him to the other side of the road—Oakley came behind the prosecutor and made a filthy remark, and struck him on the back of the head and knocked him under a cab; if the cabman had not been on the alert the cab-wheel must have gone over his head—I arrested her—at the station the prosecutor complained of being kicked, and Edwards said, "Yes, I kicked you, and I will kick you again"—the other prisoners were arrested afterwards—on the way to the station Edwards said to Oakley, "Don't know nothing about the ticker. He can have a bit of the flat iron if he likes"—I saw all the prisoners there.
Cross-examined by Edwards. I was standing on the right-hand side of the Edgware Road—Oakley, Evans, and you ran across the road, and Pearson ran up the left-hand side—you did not say to the prosecutor that you had helped to pick him up—the prosecutor ran after Pearson, and he was in the act of catching him when you knocked him down—I followed you.
Cross-examined by Evans. Directly the prosecutor complained to me you ran off, crossing to the left-hand side.
Cross-examined by Oakley. You followed up behind the prosecutor, and when I caught Edwards, you struck the prosecutor on the back of the head with your clenched fist—you had white braid on the bottom of your dress—you have taken it off since—I knew you before—you and the men frequent the Edgware Road, Marble Arch, and Hyde Park nightly—I have seen you in their company before.
Cross-examined by Pearson. You were dressed as you are now; you had a cap on.
JOSEPH CROAKER (Detective Sergeant D). I arrested Pearson—I told him I was a police-officer, and told him I should take him into custody for being concerned with two other men and a woman in stealing a watch from a man in the Edgware Road, and assaulting him; he made no reply—when the charge was read to him, he said, "I know nothing about it."
ROSE GREENHILL . I was with Oakley on this night, she did not strike the prosecutor—I was with her the whole time—I did not see the prosecutor struck at all, or anyone run after him—I saw Edwards arrested—I was about the length of this Court from him then—Oakley was then with me—we went over to see what the row was—I had not spoken to the prosecutor; I don't know whether Oakley had—Oakley did not accost the prosecutor before the row began—I think he spoke to her, and she did not answer him—I am a shirt and collar ironer—I could not say what the prosecutor said—I had been with the three male prisoners that night, and other nights; they are friends of mine—I go about with them in the Edgware Road; not to the Marble Arch, or into Hyde Park—I go there
with girls—the coffee-stall keeper made a statement to me; I cannot remember what he said.
Edwards, in his defence, said that he was returning home, that he helped to pick the prosecutor up, and then followed him to see what happened, that then the prosecutor struck him, and he hit back. Evans stated that Pearson and the prosecutor had a stand-up fight, and the prosecutor was knocked down. Oakley denied having struck the prosecutor. Pearson stated that the prosecutor came along the worse for drink and flicked his hat at him, and that they had a fight, and the prosecutor was knocked down.
GUILTY .—EDWARDS and EVANS** then
PLEADED GUILTY to convictions of felony at this Court in July, 1893.
EDWARDS— Fourteen Months' Hard Labour, and Twenty Strokes with the Cat. EVANS— Fifteen Months' Hard Labour, and Twenty Strokes with the Cat. PEARSON— Twelve Months' Hard Labour, and Twenty Strokes with the Cat. OAKLEY— Nine Months' Hard Labour.
MR. G. K. T. PURCELL Prosecuted.
ALFRED JOHN POCOCK . I am a farmer, of Lower Oxgate Farm, Cricklewood—a stack of hay belonging to me, and worth about £40 was at another farm in Willesden Lane—I received information from the police about the haystack, and I went and found the stack completely burnt down—I went to the police-station and heard Carr charged—he made no reply—the boys are strangers to me, they had no ill-will against me that I know of.
ALBERT CAIRNS (364 X). At 4.15 a.m. on 11th July I was on duty in Willesden Lane, Brondesbury, which runs alongside the field where this haystack was—I noticed the stack burning and approached it, and saw the prisoners running away—I chased them for about half a mile—another, constable joined in the chase—I caught Carr—he said, "I never lit the match, the other boy lit the match"—on the way to the station he said, "I got the hay and the other boy lit the match"—he said he had picked up some hay and the other had lit a match, and then they threw it down, and the stack caught fire—I thought he meant it was an accident that the stack had caught fire—they said they had been sleeping out—I took Harris into custody on the 18th July, in Kingsgate Road—he said, "The other boy will have to prove I set the hay on fire."
JOHN GALE (248 X). I was on duty in Exeter Road, abutting on this field—at 4.15 a.m. I saw these prisoners running away, with Cairns after them—I joined in the chase—they doubled back into Maplesbury Road—Carr was caught; Harris got away.
The prisoners statements before the Magistrates. Carr said: "I plead not guilty; Harris lit a match and let it fall in the hay; we then ran away." Harris said: "I plead not guilty; I lit a match to light a cigarette, and let it fall."
The RECORDER directed the Jury to acquit, the prisoners, as there was no evidence of the hay being fired wilfully or maliciously.
NOT GUILTY .
559. WALLACE ROOTS(23), PLEADED GUILTY to burglary in the dwelling-house of William Catherine, and stealing a clock, a pair of boots, and other articles; also to a conviction of felony in April, 1894, in the name of Arthur Wallace .
Ten Months' Hard Labour.
MR. DE MICHELE Prosecuted.
PERCY TRAPP . I am a clerk, of 76, Queen's Road, South Hornsey—at 2 a.m. on 18th July I was in the Pentonville Road, Clerkenwell, going home—Lawford came up and said, "Can you give me a match?"—before I could do anything he had got his arms round my body, holding my arms down, and another five men set on me—Magee took my watch and chain—all my money was taken from me—they put their hands over my mouth because I called "police," "murder," and "thieves"—four of the men ran away, and then Lawford held my hands behind me, while Magee gave me a punch in the mouth—then they all ran away; they all ran in the same direction—I followed them—I did not see them caught, because that was round an angle, but I came on them a minute or two afterwards and saw the prisoners in the hands of the police; they were two of the six men—I was robbed of £3 in gold from my left-hand pocket, 15s. in silver, a gold watch, a silver chain with a latchkey attached, and a walking stick—the police have since shown me part of my chain and my key.
Cross-examined by Lawford. I did not come and ask if you were one of the men; the policeman did not push me away with a knife in my hand.
Cross-examined by Magee. I did not ask the policeman if you were one of the men—I did not hit you in the mouth—it was not a severe blow I got in the mouth, it made it bleed—I holloaed "police" directly you held me, not afterwards—I received no other injury, except that I was assaulted by being held.
ALFRED PEARCE (364 G). A little after 2 a.m. on 18th July, I was on duty in Pentonville Road—I saw the prosecutor coming from King's Cross towards the Angel; just as he crossed Claremont Square he was set on by the two prisoners and four other men—I was about 150 yards down the road—I went towards them, and on seeing me the prisoners ran off—I gave chase, and blew my whistle, and caught Magee in Baron Street; I had not lost sight of him from the time he ran away from the prosecutor—when I caught him he said, "I think you have made a mistake; I don't know anything about it"—Meux came up with Lawford—I saw Magee try to slip this chain and key into Lawford's right-hand coat pocket—when the men ran away I saw them throw some money away, and I afterwards picked up threepence—I could not swear to Lawford, but I am certain Magee is one of the men.
Cross-examined by Magee. I caught you before you got out of Baron Street—you turned no corner before I caught you—I saw you run across the road—I took this chain and key out of your hand before you had time to drop it into Lawford's pocket.
Re-examined. I never said that Lawford was not one of the men.
White Lion Street—I heard a whistle from the direction of Pentonville Road, and saw five persons, of whom Lawford was one, run through Baron Street to White Lion Street, where they parted, four running one way and Lawford the other—I chased and caught Lawford after going about 100 yards—I asked him what he was running for; he said, "Nothing"—I told him he would have to come back with me—I took him back, and found Pearce holding Magee; the prosecutor was there—as soon as I brought Lawford back the prosecutor said, "That is the man that held my arms while they robbed me"—I saw Magee passing this chain and key into Lawford's right-hand coat pocket—Pearce picked up some halfpence—I said they would have to go to the station—Lawford became very violent and threw me to the ground, and I had to get assistance—when charged at the station the prisoners made no reply.
Cross-examined by Lawford. You were not walking down the street, but running—you did not say you were not one of the men—the prosecutor did not come up with a knife, and I did not shove him away—I did not hear you tell the inspector of it.
Re-examined. I did not hear anyone say that Lawford was not one of the men.
Lawford in his defence said that he was walking in White Lion Street, when the policeman told him to stop, and he did so. Magee said that half-a-dozen people ran by him and dropped the chain, and that he picked it up.
LAWFORD** then PLEADED GUILTY to a conviction of felony in November, 1891, in the name of Charles Robertson , and MAGEE** to one in May, 1893, at this Court, in the name of John Rose . Seven other convictions were proved against Lawford, and six against Magee.— Each Fifteen Months' Hard Labour, and Twenty Strokes with the Cat.
MR. OLIVER Prosecuted.
ROSS FARELLY . I am a servant, and lodge at 9, Hayes Place, Lisson Grove—about twelve o'clock on the night of the 12th July I met the prisoner in Chapel Street—he bade me "Good night," and asked if I would go with him for a walk, and caught hold of my jacket—I asked him to let me go, as I should be late—he said he would take me to his sister's, as I should be too late—I went up Lisson Street with him, and he took me up some back streets—I asked him where we were going to—he said "Lisson Grove"—he asked me to go down a very dark passage, and I would not go, and I caught at the railings—he held my jacket—I said, "Let me go"—he let me go, and we walked on till we came near Lisson Grove—he pushed me into a very dark corner and caught hold of me, and put his hand inside my dress and took my purse out—I said, "Give me my purse"—he ran at me and struck at me with the purse—there was about 15s. and a key in it, and a few little things—I said, "Give me my money and I will not give you in charge"—he ran at me again and gave me two great blows in the face—he went off, and I followed him—I saw a policeman at the corner, and shouted, and I think he ran till he met another constable—the prisoner hurt my face very much; there was a great black lump inside my jaw—I
was not in service at the time; I had been in a situation, which I had left a fortnight before.
FREDERICK HOLMAN (219 D). About 2.50 on this morning I heard cries of "Stop him!"—I saw the prisoner running and stopped him, and took him back till I met the prosecutrix, who stated that he had taken the purse from her bosom and violently struck her three times in the face—I took him to the station; on the way he was very violent—when struggling with him he said, "If you get me down to the station you won't find the purse on me. I threw it down the area when you first took me into custody"—the prosecutrix was quite sober; she had a slight bruise on the top lip, and her mouth was bleeding a little—I went back with another constable and tried to find the purse, but we could not do so.
The prisoner in his defence admitted having robbed the prosecutrix, but denied the assault.
PLEADED GUILTY to a conviction of felony in March, 1889. Nine other convictions were proved against the prisoner. He was said to be a very violent man, who was never out of prison for more than a fortnight at a time.— Eighteen Months' Hard Labour, and Twenty Strokes with the Cat.
MR. G. K. T. PURCELL Prosecuted, Mr. E. D. PURCELL Defended.
ARTHUR ELWIN . I am a publican's manager, at 55, Durham Road, Seven Sisters' Road—on June 20th about ten minutes or quarter past twelve I was walking down New Bridge Street, the prisoner pushed up against me, a woman was in his company I believe—I was wearing a scarf pin, a pearl with a ruby in the centre, worth about £3—his hand went across my chest, and my pin was gone—I accused him of taking it—he said, "Look on the ground"—the woman had gone—I missed her—I had got hold of the prisoner's arm—I did not see what she did—there was a constable just in the distance, and I gave the prisoner in charge for stealing the pin.
Cross-examined. I had been with my late employer that evening, the proprietor of the Cross Keys—I was working for him that night, rectifying his cellars—I left him shortly after twelve—I, no doubt, had some re freshment there, I was sober—the prisoner had a pipe in his hand—he came bang up against me—he said I had come up against him—I did not notice him till he had come bang up against me—I say the woman was in his company because she was near—I did not see anything handed to her—the policeman was about twelve yards away, trying the doors—I could see his light flashing in the doorway—the prisoner did not call out to him—he approached us—the prisoner said to the constable that I had knocked up against him as he was leaning forward to light his pipe—I was not wearing the pin while I was working in the cellar—I put it on as I put on my coat to come away.
ARTHUR HENRY OSBORNE . I am a messenger in the employ of the Press Association in New Bridge Street—on 20th June about twenty minutes past twelve I was outside the office—I saw the prosecutor holding the prisoner by his coat—I saw a woman come up soon afterwards
and stand close to the prisoner, she was touching him, I had only just come out of the door—she stopped there about two or three seconds, and then she walked straight off towards Ludgate Circus.
Cross-examined. I was about five yards from them—the woman walked away in the ordinary manner, the street was empty—I did not hear the prisoner call out to the policeman—I saw the policeman come up—I did not hear anyone call to him—I heard the prisoner say that the prosecutor had knocked up against him—the prosecutor said it was the other way.
JAMES BROWN (City Policeman, 394). I was in New Bridge Street—I was called by the prosecutor to take the prisoner in charge for taking his pin—I took him to the station—he was searched, no pin was found—when I took him he said "Look on the ground and see if you can see it" I did look, and it was not there—the prisoner gave his correct address.
Cross-examined. I had my lantern, and was trying the doors—I was called by a passer-by, and I went up to the prosecutor and prisoner—the prosecutor said "This man has stolen my pin"—the prisoner said "I have not"—I said "All right, come to the station," and I took him there—before I took him he said "Look on the ground and see if it is there—the prisoner had a pipe in his hand—he said, "He knocked up against me while I was lighting my pipe"—he gave his address at 286, Bartholomew's Buildings, Goswell Road.
GUILTY .—He then
PLEADED GUILTY to a previous conviction of felony on 15th September, 1891, of stealing a watch from the person, in the name of Henry Smith , and was sentenced to Three Years' Penal Servitude, and seven other convictions in different names were proved against him— Twelve Months' Hard Labour.
MR. WOODGATE Prosecuted.
JAMES WHITE (City Policeman 230). On 13th April, about seven a.m., I was on duty in Cloth Fair, and heard a smashing of glass—I went into Long Lane, and saw the prisoner on the footway; I also noticed three glass windows of the Old Red Cow public-house broken—I asked the prisoner if she had broken them—she said, "Yes. I went into the house, and asked for a drink, and they refused me"—she was drunk—I took her to the station, where she was charged.
ERNEST BEALE . I am cellarman to William Harwood, who keeps the Old Red Cow—I was behind the bar when the prisoner came in, asking for a drink; being intoxicated, I refused to serve her—she became violent, and used violent and obscene language—she left, and I went to the other end of the bar; in a few minutes she returned, and deliberately smashed three glass windows, to the damage of £25, the property of Mr. Harwood.
Prisoner. I am very sorry; I was the worse for drink—I don't remember breaking the windows—I will never taste a drop of drink again.
GUILTY .—Ten previous convictions were proved against her.— Six Months' Hard Labour.
564. SARAH HOARE(68), and JOSEPH HOARE(23) , Stealing three wooden cases and thirty-three pieces of nun's veiling and 100 boxes of lace, the property of Gotfried Herman; Second Count, for receiving the same.
MR. ALDERSON Prosecuted and MR. BURNIE Defended.
JOHN WISE (City Detective Sergeant). On 7th July, in company with two other officers I went to 31, Costers' Buildings, Bunhill Row, where I saw Sarah Hoare—I said to her, "I am a police-officer; I have received information that a large quantity of stolen property is in your house, and I intend to search for it"—the house is let by the London County Council, and she occupied the premises at 3s. 6d. rent—in the first room I found thirty pieces of nun's veiling in a pile in a corner of the room, covered by sacking; I produce a sample—I afterwards further searched the room, and on a bed found two sacks containing fifty boxes of ladies' hose, and under the bed nine boxes, which were pushed behind other boxes—there was a miscellaneous stock in the place; it is a costermonger's—in the kitchen I found three more boxes of ladies' hose, under the bed hid behind other things—in a third room I found six or eight children's hats, new, which have not been identified—I said to the prisoner, "Can you account for these goods, have you any invoices or papers to show where they came from?"—she said, "A tall German, who I do not know, brought them here last Friday"—I then sent her with Sergeant Scott to Moore Lane Police-station, and afterwards, in company with Scott and Detective Plummer, I went to Chapel Street, Islington, and saw the male prisoner; he came up to his stall—I said, "You know me, Joe; I have searched your house since you left it and found a quantity of stolen property"—he said, "If that is so, Mr. Wise, it has been left since I left home"—I had seen him leave home a few minutes before I went into the house—I took him into custody, and took him to Moor Lane Station, where he was charged with his mother—I then went back to the house and removed the goods to Moor Lane—I found other goods, not the subject of the present charge—there was no servant employed at the house—these are not the sort of things he was selling—two other brothers lived in the house, they are away.
Cross-examined. Joseph lives there with his mother—I could not say which room he occupied—there were labels on some of the things; some had been removed, the owners' names were not on them—we rummaged the place—I explained to the female prisoner that we were police-officers—she knew me—on the way to the station the male prisoner said his mother knew nothing about it.
JOHN SCOTT (Detective Sergeant G). I went with last witness to 31, Costers' Buildings—I took the female prisoner to the station—on the way she said, "A tall man brought the goods on Friday night, and has not been there since"—at the station the male prisoner said, "On Friday the goods were left by a foreigner, who asked me to buy them, I admit the goods were brought to my place for me to buy."
Cross-examined. Her son lives with her; he keeps three or four barrows in the shed.
WILLIAM ROWLAND . I am a carman in the employ of Henry Taylor—on June 26th I went to Black friars with three cases to take to the East India Docks—I received these two shipping notes and two receipts—I then went to Union Street, Moor Lane, and picked up three more—I put on the horse's nose-bag and went inside, and when I came out the horse and van were gone—I gave notice to the police, and eventually found the van at the station.
WILLIAM GILLY . I am a clerk in the employ of Messrs. Blane and Son, South African merchants—we have correspondents in Germany—we received these two invoices for thirty-three pieces of nun's veiling; each piece is numbered; they all had tickets on when they left the factory; half of them have been removed; the value of the thirty-three pieces is £30—this is the shipping note; the parcels shown me by the police correspond with the invoices, and the tickets that are left on them correspond with the invoices.
GEORGE JOSEPH ILLINGWORTH . I am a clerk in the employ of George Robert Hall, Lewisham Road, London, agent for Herman and Co.—I received this invoice for one hundred boxes of ladies' hose, value £16 3s. 1d., consigned to J. Ewing and Co.—the boxes were numbered 101 and 102, as stated in the invoice—I have examined the sixty-two boxes which bear those numbers, the value of them is about £10.
WILLIAM PALMER (City Detective). I was with Wise and Scott when the prisoners were arrested—I have heard their evidence, it is correct—on a table in the room I found this ticket, it is similar to those on the other parcels.
HUGO HUTCH . I am manager to Gotfried Herman—these two invoices were made out in our office—I have the copy with me—we received orders to forward the goods to Bass and Co.'s office to convey to Messrs. Ewing—they were packed in these two boxes—the numbers of the goods are shown in these invoices—these two boxes are two of those referred to in the invoice—the mark on this pair of hose is the special mark of the firm.
CHARLES CLARK (102 H). On 26th June, at half-past six, I was on duty in Albert Street, Mile End, New Town—I saw a horse and van there, the van was empty—I found no owner, and took them to Commercial Street Station—the name of "Henry Taylor No. 2" was on the van.
The prisoners' statements before the Magistrate. "Sarah Hoare": "I did not know they were stolen or I should not have taken them in. Joseph's: "My mother is quite innocent of this."
GUILTY .—SARAH HOARE— Six Months' Hard Labour. JOSEPH HOARE— Twelve Months' Hard Labour. 2
NEW COURT.—Tuesday, July 23rd, 1895.
Before Mr. Common Serjeant.
No evidence was offered.
NOT GUILTY .
566. FREDERICK WILLIAM TOMLINSON(28), PLEADED GUILTY to stealing cheques for £100, £100, and £250, of George Charles Howard, his master; also to making a false entry of £391 5s. in the books of his said master; also to stealing orders for £150, £50, and £98. The prisoners defalcations amounted to£2, 000.— Twelve Months' Hard Labour.
567. WILLIAM BRAITHWAITE EMANUEL(44) [Pleaded guilty: see original trial image] , to unlawfully obtaining a dressing-case and fittings from Tom Williams, with intent to defraud; also to feloniously forging and uttering an order for the delivery of goods, having been convicted of a like offence at this Court on March 5th, 1894— Eighteen Months' Hard Labour.
568. JOHN JACKSON(40) [Pleaded guilty: see original trial image] , to burglary in the dwelling-house of Alfred Jacobs, and stealing a watch and chain and other articles, his property.— Two Months' Hard Labour. And
OLD COURT.—Wednesday, July 24th, 1895.
Before Mr. Justice Collins.
MR. C. F. GILL, for the Prosecution, offered no evidence, the Grand JURY having ignored the bill.
NOT GUILTY .
MR. PASMORE Prosecuted.
JAMES GOULE . I am thirteen years old; I live at 115, Brook Street, Ratcliff—on Saturday, 29th June, about five in the afternoon, I was at Shadwell—I saw the prisoner—she asked me if her little boy was down by the shore—I said there was a little boy with white hair down there—she said, "Let me have a look at him"; she did, and said it was not him—she waited on the stairs, and then gave one jump into the water with the child in her arms.
JOHN HAMMOND . I am landlord of the Ship public-house at Shadwell, about five in the afternoon of Saturday, 29th June, I heard cries of "Someone in the water"—I rushed out of the house, ran down the steps and saw the prisoner lying on her face in the water apparently dead—I ran in up to my waist; the tide carried me down; I had great difficulty in reaching her; I took her ashore, and found the little boy about ten weeks old in her arms—she was unconscious—she was seven or eight yards from the shore—I handed them over to the police.
JOHN ELLIS (291 H). I received the prisoner and child, the child was brought to a neighbour's house, it was nearly dead—I saw the prisoner lying on the ground—I said "Your boy is all right"—I put her on an ambulance and took her to the station, a doctor was sent for, he said she was fit to be put in the cells—she made a statement to him about the cruelty of her husband.
the prisoner at the station—she was quite sober, her clothes were very wet, I had them removed and had her placed in blankets—I examined her afterwards twice that evening—her body was badly bruised and she had a black eye—the injuries were of some standing, not recent—she said she was driven to commit the act through the ill-treatment of her husband, that she took the child with her as she had no place to leave it, or anyone to care for it—they were both practically recovered from the effects of the immersion when I saw them—the child was a few weeks old—she was in an hysterical condition and would probably not appreciate the act—I should say she was a highly nervous woman.
Prisoner. I have been married ten years—my husband left me with two children without anything—he was always ill-treating me and knocking me about.
NOT GUILTY .
There was also an indictment for attempting to commit suicide, upon which no evidence was offered.
FREDERICK JOHN BUSHELL . I live at 30, Globe Cottages, Han worth—I am in the employ of Mr. Whiteley, of Butt's Farm, Hanworth—it is my duty to attend there generally, and to lock up the premises at night, and to let the men in the first thing in the morning—the prisoner was in the same service, and was foreman of the packing room, and had a certain number of women under him—he had charge of the packing-room and rooms 19, 22 and 27, and it was his duty to lock up those rooms, and take the keys to the clerk's office—on 5th July, the men were working up to half-past ten—most of the women left off at nine—I did not see them leave on that night—the timekeeper let them out—about ten that night I saw the prisoner in No. 37 shed—he asked me for the key of 35 shed to lock it up—I said, "You will have to work up to half-past ten, and do not want the sheds locked—I saw him again in the clerk's office—a man named Smith was also there—he had the key of 35—the prisoner asked him to give him the key—Smith said he had not locked his bottled fruit up—that would be in 37—the prisoner said he had to see it all locked up—Smith did not give him the key—I had seen the prisoner in 35 that evening stripping black currants—that was after eight and before ten—he was about halfway down the shed—he had one lamp alight as far as I saw—I did not see more than one lamp—about twenty-five minutes after Smith had refused to give him the key I passed through 35, and saw the prisoner come towards 35 from the clerk's office—I did not see him go into the shed; I saw him go up the steps into the gallery, which runs along the first floor—he had a lighted lamp in his hands—he was up there about a minute and a half or two minutes, as far as I could say—when he came down I said to him, "I wondered who it was coming down the stairs"—he said he had been up for his penknife and rule—there is a carpenter's bench up there—he had no work to do up there—he then crossed the gangway into the boiling-room, and towards his finishing-rooms, Nos. 17 and 22—he could get out of the premises that way—he came back from there, and passed me in the
gangway and out by the exit—that was close on half-past ten, or half-past ten, I might say—he wished me good-night as he passed out—I then went back and locked the door of the clerk's office, and left the premises with Cuppleditch and Smith; they were at the clerk's office—we went out together—when we got out Cuppleditch called my attention to a light in the gangway—upon that we went back, I being first—I went up the steps into the gallery, and saw flames at the other end of the gallery—I called to the other men to bring water—I found some empty sugar sacks had been burning—they were piled up in a heap, and were blazing—with the assistance of Cuppleditch and Smith, we brought water, and put it out—I lifted up the sacks, and found wisps of straw partly burnt, and then I saw a small fire, which had burnt out, on the carpenter's bench—there was a brown paper bag with nails in it, and a few shavings scattered about—they had been burnt—the bench itself was not scorched—I then went round the premises, among other places to 35 shed—I there found an oil-lamp still alight, but turned down low—it was standing on bags of empty bottles packed in loose straw—it was near the place where I had seen the prisoner at work—I and the other two men sat up all that night—after daylight I made a further examination of the premises, and in 27 we found a wooden drawer which had been burnt—that was nearly close to the floor—there was about four inches space underneath it—it was charred all over along the front—it was quite out then—it smelled as if it had been very recently done—I pulled the drawer out—it was burnt at the bottom about eighteen inches from the front—a hole was burnt right through from the floor, I did not pull it right out or see anything underneath it—I saw the prisoner in the morning about four, I let him in—sometime after he came in he called my attention to this burnt drawer; he asked me if I knew how it had happened, if anyone had been smoking—I said, "No, and if they had that would not have caused it"—the last I saw of the prisoner that night was when he came through to the boiling-room in the direction of the country packing-room, as he came back to the gangway from the clerk's office—there is no truth in what he has said about our trying to get him out of the office—I don't know what it means.
Cross-examined. I have been employed by Mr. Whiteley two years—I am foreman of these works, of the whole place—I can't say how many persons are employed there—sometimes there are more than at other times—at this time I should say there were about forty—sometimes there may be one hundred—there are more women than men—the regular hours are from six to six—at this time we worked till about ten—the women are supposed to leave at nine—Mr. Clarige has given me notice not to allow smoking in the factory—I have not heard of complaints with respect to smoking—there have not been notices put up about it at the factory—there has been at the farm, I believe—I have once or twice spoken to the men about it—I know that the prisoner does not smoke—he has been about thirteen months in the employ—he is a man that never seems to be guided by others—he is rather opinionated—I never had occasion to interfere with him—he has done his work, not better than others—I can't say whether he has been promoted—I don't know that he had any occasion to go on to the gallery on this particular morning—I can't say whether he took any cases from there to pack jam in to send to
Westbourne Grove—I won't say he did not—I saw him go up the steps while I was against the clerk's office—I could see him go up to the top of the steps from where I stood—I could not swear to the exact time he was there—there is straw on the right-hand side of the gallery to cover over the jams and fruit during the winter—the straw is on one aide, and the sacking on the other, about sixty feet apart—I was waiting there to lock up after the others had gone—the prisoner was working in shed 35 upon perishable fruit—the shed is badly lightly; it is necessary to have a lamp—the lamps we use are duplex, not enclosed, ordinary chimney lamps; you pull a lever to extinguish them—we had just got outside the door when we saw the light—we had not had a fire in the works before to my knowledge—I don't know that there have been a number of fires at Mr. Whiteley's premises at Westbourne Grove—I have never been employed there—I don't know that the prisoner has—there is no night watchman on the premises.
Re-examined. The persons on these works are all working upon making jams—we do not send it all to Westbourne Grove—we do not sell retail—I could see that the drawer was burnt before I pulled it out, by the mark on the front—anybody could see it who went in—there was no smoking in the gallery that night—the prisoner brought down the lamp with him—I don't know where he put it—we generally turn them out, and leave them at the place where they have been using them—the prisoner was to a certain extent under my direction, not wholly, only as general foreman he was under my supervision.
By the COURT. The only thing I saw actually blazing was the heap of sacks in the gallery; they were actually on fire—in the same gallery, at other end, there had been some shavings and bags burning, but that had burnt out—I had been round there at about ten that morning, and there, was nothing then—the drawer was in the country packing-room, No. 27—you could see it was charred fresh on the front of the drawer—the lamp was found in 35—that was not a safe place to leave it—I had seen the prisoner working there by lamplight, I did not remonstrate with him for keeping the lamp there—there was nothing else burning there.
PETER SMITH . I reside at Hanworth, and am in the employ of Mr. Whiteley—I have charge of the sheds 35, 36, 37 and 38—it is my duty to lock them up at night, and have them opened in the morning—on 5th July I saw the prisoner somewhere about ten at night, he said the men were about to leave off, and he asked me for the key of 35 to lock up—I had the key in my pocket—it was my usual practice to lock it up, he had never before asked me for the key—I told him I had got to lock up the bottled fruit—he said it was locked up—I said it was not—we went together to 35 and 37—I could not say whether at that time there was any lamp burning in 35, it might have been without my seeing it—I locked up 35 and 37—the prisoner was with me when I did it—after locking up I went to the clerk's office—while standing there I saw the prisoner come across the receiving room and go up the steps into the gallery—he had a lighted lamp in his hand—I could just see his feet from where I stood—he was at the top of the stairs—he was up there about two minutes—when he came down Bushell said to him, "I wondered who was up there"—he said "I have just been up for my penknife and rule"—he brought the lamp down with him, and I saw no more
of him—it was turned half-past ten when I left—Bushell, Cuppleditch, and I left together—at the time I saw the prisoner go up in the gallery there was no one else about; they had all gone—I was not smoking at that time, nor anybody else—when we got outside Cuppleditch looked up at the gallery and saw a light, and we all went back together—Bushell went up first, and as soon as he got to the top he halloed out, "Fire, bring some water!"—I got water and helped him put out the fire—I saw some sugar bags on fire, and some wisps of straw that had been burnt—the fire seemed to have originated at the bottom—I also saw a small fire on the bench—it was a paper bag with some nails in it, and some paper round; that appeared to have been a recent fire—I went round with Bushell and Cuppleditch, and saw a lamp burning in 35—next morning, at daylight, I went into the packing-room and saw the burnt drawer—I did not pull it out, Bushell did, and I saw it was burnt at the bottom on the right-hand side—anyone could see it, and you could smell fire as soon as you got into the room.
Cross-examined. I have been in the employ nearly two years—I am a foreman in the new building and the sheds; Bushell was foreman in the factory—I have no men under me, only four women—we are frequently employed overtime in the busy season; then we are paid so much an hour, and we work as late as we possibly can—White was not employed at overtime, he was not allowed to stop overtime after his women had gone—he was not employed overtime on perishable fruit in shed 35—there was no fruit allowed to be picked in that shed—he was not allowed to have the key of that shed, that would be my duty—I was there that night till half-past ten—if I was not there I should put somebody in my place to lock up—I have always been friendly with the prisoner—rules are not used in the business that I know of—I never knew the prisoner to carry a rule—the parchments for covering the jam-pots come already cut out, they are always of the same size—I never had to cut them to a smaller size—I never had much to do with the parchments—I was talking to Bushell and Cuppleditch at half-past ten—I was standing outside the clerk's office when I saw the prisoner go up the gallery—he did not speak to me, or I to him—I could see his feet on the steps when he got to the top—he was there about two minutes, as near as I could say, I had no watch to time it—the receiving-room clock gave it, I did not look at it—I don't know whether he was there two minutes or two seconds.
Re-examined. As near as I could get at it he was there about two minutes—I say the prisoner had no business in shed 35—he was strigging currants there, currants are never kept there, sometimes they are unloaded there till such time as they are taken to the factory for the purpose of strigging—to my knowledge I had never seen the prisoner in 35, or doing this work—he had never to my knowledge asked for the key before, or suggested that he should lock up the shed—there were some Jersey currants in 35, but not so many as 100 jars.
THOMAS CUPPLEDITCH . I live at 29, Bee Cottages, Hanworth—on 5th July the prisoner came to Smith—he asked for the keys of 35 and 38 sheds—Bushell was there—he did not have the keys—he followed Smith across to 35 shed—I afterwards saw him come from the shed to the receiving room with a lighted lamp in his hand, he had nothing else—I
did not see where he went with the lamp—I saw him hang up his keys when he had locked up his own place, that was about half-past ten—they were keys of the finishing-room and the packing-room; he wished me good night; I was then in the clerk's office—after that I went out with Bushell and Smith—shortly after we got out I noticed a light upstairs; I went back with the others; I got water and helped to extinguish the fire on the sacks—I first noticed the straw right underneath the sacks in one corner—the fire had originated at the bottom where the straw was—I waited there all that night with the other witnesses—I went into 35 and saw the lamp partly turned down—between three and four the following morning I went into the room 27 where the drawer was—there was a smell of burning—it was partly open, not quite pulled open, till the police came—I cannot at all understand what the prisoner means by the statement that I had been working against him to get him out—I had not been doing so—on this night of July 5th I had been smoking a cigarette at the mess-room door, that was just after ten; that was after the women had gone—I had not been into the gallery at all that day, nor in 27.
Cross-examined. I have seen other persons in the mess-room smoking—I have never seen a notice up prohibiting smoking—the men are allowed to smoke in the mess-room after their meals, nowhere else; I have seen Mr. Claridge, the manager, smoke—I have not smoked in the works—when the prisoner met me on the Saturday morning I was smoking in the office, not in the mess-room—I was staying in the works all night with Bushell and Smith—I manage the boiling-room—the tissues to put on the jampots are always cut to the same size—I never carry a rule, and only one of the foremen does that I know of, and he does odd jobs of carpentering about the place.
HANNAH PENFOLD . I am married—I work at Mr. Whiteley's jam factory at Hanworth—on July 5th I was passing through 35 about seven in the morning—I saw the prisoner there, he was picking currants—he said he wanted two lamps—I went to the lamp shed and brought him two lamps, I lit one of them; he said he did not require the other at present—I loft it there, and the matches to light the other—I left the lighted lamp where he was working, it was not on a bench, I think it must have been a table, I forget, it was some kind of structure—I don't think it was on the sacks of straw—I left a few minutes after.
EMMA PAYNE . I am married, and live at 28, Lee Cottages—I am employed at this place as a finisher—on 5th July I was working in the yard with others picking currants—about eight o'clock I saw the prisoner go through and lock the door of 27—he came out again, and locked the door after him—I left the yard at ten minutes to nine—no one else went into 27, I could have seen if they had, I was exactly opposite the door; no one went in before he did.
Cross-examined. There are two or three entrances to 27, if you go through another room; but there is only one entrance from the yard—the doors are always supposed to be locked when the rooms are empty.
HANNAH HARRIS . I am married—I work at the jam factory—I was there on Friday, 5th July, between half-past seven and eight—I saw the prisoner locking the room 27—he said he was going over to room 35 to
pick some currants—it was not a usual thing to do, I had never known him to do so before—we always picked the currants in the yard outside 27—he generally helped us do what we were doing—he had not been helping us that evening—we leave off work about ten minutes to nine—before the 5th July the prisoner said to me as he was standing at the desk, "What we want here is a fire like we had at Westbourne Grove, to burn some of them up"—a few minutes before he was complaining about something—he said he thought the place would burn well, and when once alight all the fire engines in the world would not put it out—this was about a month before the fire.
Cross-examined. I think it was on the Wednesday previous to the fire that he said this—about fifty of us are employed there. I don't know whether anyone overheard it—there had been some talk among the workers about piece-work—the prisoner said he would do the best he could to get the price increased—that was not in the course of conversation about the fires at Westbourne Grove—I heard the prisoner say there had been fires—it was not the subject of discussion among the employes—I had not read about it.
NAPOLEON AINGER CLARIDGE . I am manager to Mr. Whiteley at this factory—in June last year I engaged the prisoner as foreman of the packing and finishing-rooms—I had known him before—on 5th July I was at the factory during the day, until one o'clock I was about the premises—as far as I know the prisoner had no business in the gallery—it was no part of his business to be picking or strigging currants in 35 shed—it is the regular practice to take them into the yard—I was absent from one o'clock till the next morning—on arriving next day I went to the gallery and the packing-room, and I made a communication to the police—in company with Mr. Morgan, an inspector in the service of Mr. Whiteley. I made an examination of the drawer in the packing-room—I pulled out the drawer, and found this lid of a jam tin under a hole that was burnt—there was a little dust from the brown paper lying on the top of the lid which had been burnt through—this produced is one of the pieces—I think this card-board would burn more slowly than the wood, it would not ignite—there was some spirits of wine in the next room, the finishing-room—the prisoner had charge of that room—there were a few drops left in the bottle—the prisoner had no right to be on the premises so late as half-past ten, he should have left when his hands left—we do not employ the females after dusk, he should have left with them, unless I ask him to stay, which I did not—I know his handwriting—I can swear that these letters are his writing. (These were addressed to Mr. Whiteley, and alleged that the witnesses Bushell and Cuppleditch had been drinking and smoking all day, and that they had been plotting to get him[the prisoner] out of the place.) I had no reason to suppose that these men had ever plotted to get the prisoner out of the place—there is no foundation for it whatever.
Cross-examined. I say he had no right to be there on the night of 5th July after his work was finished, because it was not his department—if I had been there he would not have done such a thing—he was not working overtime after nine; he was paid by the hour for overtime—he was paid up to ten, I paid his wife—I did not pay the money, but it was entered to his credit, and I paid the balance to his wife; we allowed for the work up to
ten—he might at times have been working as late as one in the morning, in the busy season, if he was ordered to do so—he was the only man that had spirits of wine given to him by me—Peter Smith had some that morning—I do not remember giving him any, he would use it on a little brush to put on the top of the jam, the girls would use it for that purpose—Smith, Cuppleditch and Bushell were working after nine, in the boiling-room they were entitled to work until the fruit was finished, with the exception of leaving a certain portion for the morning—the prisoner had nothing to do with the fruit—his hours were from eight to six—if he was picking fruit, he would be doing children's work—he should have been looking after his hands, and keeping them in order, and when they left he should have left with them—he had no right to be in the gallery; that is used for storing packing-cases for repair, not for use—I can't say if he would go there for packing-cases to send to Whiteley's at the Grove—if he wanted cases he should go to the foreman.
F. J. BUSHELL (re-called). It is not true that Cuppleditch and I were drinking all day on 5th July, or that we were smoking about the place from 8.30 to nine—not in the factory, only in the mess-room—I had no intoxicating drink at all that day—I did not go out to my dinner; I had it there—I had no beer or spirits at all that day.
By MR. DRAKE. I last came into the employ about six weeks ago, before the busy time—I was in the employ before that—I did not leave of my own accord—I had had too much drink, and was discharged for drunkenness.
ANNIE WALDOCK . I live at 10, Butts Cottages, Hanworth, about five minutes from the factory—I can see the jam works from my cottage—on Friday, 5th July, I received a communication from the prisoner, in consequence of which, I told him he could sleep at my house, and in the evening he came and slept there—when he first came to Mr. Whiteley's, he used to live with us altogether—that was about fourteen months ago—after that he had his wife and family down, and then he lived at Twickenham Green, about two miles away—he had his meals with us—he had not slept with us since; but on this occasion he said he had to be late at work, and had to be at the works early in the morning.
JOHN CAMERON . I have been for twelve years in the Metropolitan Fire Brigade—I am now superintendent at Twickenham—on Monday, 10th July, I went to the factory and made an inspection, in company with Inspector Morgan—in the gallery I saw a number of sugar-bags, which had been burnt, and I also saw the remains of a fire on the carpenter's bench—they were two separate and distinct fires—on the right-hand side there were some bundles of loose straw, which were very dry and inflammable, and on the left side there were a number of empty packing-cases, very dry and inflammable; around the carpenter's bench were a lot of shavings, in fact, the whole gallery was of a very inflammable nature—I went to the country packing-room, and saw the drawer, which appeared to be burnt at the bottom—I saw the tin lid, it had been removed—that was certainly not a fire caused by accidental smoking.
Cross-examined. I cannot tell you how many accidental fires there
have been at Mr. Whiteley's at Westbourne Grove within the last two years—I have been at fires there twice—I cannot tell whether the author of those fires has ever been discovered.
Re-examined. I do not know whether the fires were accidental or not—the last I attended was in 1888—that was a large fire; I was there for sixteen hours.
DANIEL MORGAN . I am chief inspector in the inquiry office in Mr. Whiteley's business—the day after this fire I went to Butt's Farm—I went into the country packing-room where this drawer was; I pulled it right out; I saw underneath that the round tin was immediately under the hole that was burnt in the bottom of the drawer—I also noticed dust in the tin, and burnt strawboard—in the next room I found a bottle which had contained spirits of wine—there was a little left in it, about a table-spoonful.
Cross-examined. This was about half-past two on the Saturday—the cardboard was near the tin that was burnt.
HARRY MORGAN (Inspector T). On Sunday, 7th July, I saw the prisoner at Twickenham Green, outside his house—I said to him, "I am an inspector of police; I have been to Butt's farm, where three separate fires were discovered last Friday evening; two were found in the gallery directly you had left it; I shall take you into custody for wilfully setting fire to the premises"—he said, "There has been smoking all over the premises, but I think I will make a separate defence"—I took him to the station—on the way he said, "The first boiler, and Bushell and Cuppleditch have been trying to work me out"—at the station I charged him, and said, "Last Friday evening three separate fires were discovered, one under the floor, one on the carpenter's bench, and one in the packing-room, and a bottle containing spirits of wine; you had the key of the room 35 and locked it up at twenty-five past ten—you were seen to go to the gallery, where you bad no business, to come down again, and leave the premises; under these circumstances, I charge you with wilfully setting fire to the premises with a view of injuring your master, Mr. Whiteley"—he said, "It is false"—the charge was written down and read over to him—he said, "I deny it"—next day I took him to the Court House at Sunbury—on the way he said, "On Saturday morning I found a burnt drawer in the country packing-room, and I called Bushell's attention to it"—the house where the prisoner lived at Twickenham Green is two miles from the factory.
PETER SMITH (re-called). I had no spirits of wine on the Friday, only what the prisoner sent to me to put on the top of the jam—that was early in the morning, about eight, in a jar; the women used it with me—that was all he sent.
NOT GUILTY .
There was another indictment against the prisoner, for unlawfully setting fire to the drawer, upon which no evidence was offered.
NOT GUILTY .
NEW COURT.—Wednesday, July 24th, 1895.
Before Mr. Recorder.
573. GEORGE HAMMOND(50), PLEADED GUILTY to forging and uttering an order for four dozen of Liebeg's Extract with intent to defraud. Also to two indictments for obtaining goods by false pretences; having been convicted at this Court on October 19th, 1894. Three, other convictions were proved against him. Five Years' Penal Servitude. And
574. ARTHUR WHITTAKER(35), [Pleaded guilty: see original trial image] to unlawfully attempting burglariously to enter the dwelling-house of William Evans with intent to steal. Several convictions were proved against him; he received a good character for the last two years, six years having elapsed since his last conviction. Twelve Months' Hard Labour.
575. ROBERT WEST(60), and JOHN SPENCER(61), PLEADED GUILTY to breaking and entering a warehouse of the South Eastern Railway Company, and stealing certain articles of jewellery, the property of Mary Bird. West was further charged with a previous conviction of felony, and pleaded Not Guilty.
HENRY HAWKS (Police Sergeant 5 R). I was present at this Court on November 14th, 1892, when the prisoner West was convicted in the name of William Aldridge , and had three years' penal servitude—I have no doubt about him, I knew him before.
Cross-examined by the prisoner West. I charged you at Bow Street with having been convicted in 1891 in the name of Charles Johnson —I saw you and another man get over a wall at 5 a. m.—I caught you—you tried to stab me, but I immediately knocked you down with my truncheon—you dropped the knife and part of a pepper-box—you pleaded guilty to the burglary—you had an argument in Court in 1889 as to whether you were William Aldridge—it was proved against you in 1892 that you had been convicted of burglary in the name of James Farr .
By the COURT. There is a description of the man in the Police Register of Criminals.
ALBERT PERRY (Detective Sergeant E). I do not know the prisoner; he was liberated on March 18th this year—he was in for three years, and got off with nine months—he is Aldridge—I produce a photograph and description. (This stated that there was a scar on his head.) Servitude.
GUILTY .— Six Years' Penal Servitude. SPENCER.**— Five Years' Penal The RECORDER commended the conduct of the officer Arch.
MR. WHITE Prosecuted, and MR. DRAKE Defended.
HYMAN HEINKMAN (Interpreted). I live at 15, Boot Street, Spitalfields—on June 29th, between six and seven, I was at the corner of Great Garden Street, Whitechapel—I was looking at some boots in a shop window—two men came up, and one of them, the prisoner, said: "What are you looking in the window for?" I said: "What does that matter to you? I am looking to buy a pair of boots"—one of them then struck me on my forehead, and felled me to the ground—I have the mark now—I took hold of the man who struck me, and when I got up he tried to escape, but I kept my hold, and he struck me another blow on the side of my neck—I have got the mark still—a policeman came and took him
away, but even after the policeman came he still punched me—I put my hand in my waistcoat pocket and missed my watch—he was taken to the station—the prisoner is the man—I was holding him about twenty minutes—there was a crowd, and the policeman could not get to us—previous to this I spoke to a fellow-workman.
Cross-examined. There were about 200 people round us—the other man ran away—I do not know him—there was not a fight in the crowd—it was not the man who ran away who struck me and with whom I struggled—I did not loose my hold of the prisoner during the whole twenty minutes.
JOSEPH SOLOMON (Interpreted). I live at 10, Kinder Street—on June 29th I was in Whitechapel Road a little after six o'clock, and saw the prisoner and prosecutor on the ground, and saw the prisoner take something out of the prosecutor's waistcoat pocket, and hand it to another man, who ran away—I could not see what it was, but he hooked it off—I tried to pursue the other man and got hold of him, but a lot of people came round, and prevented my doing so—the prisoner was still on the ground—I shouted "Police," and soon afterwards a policeman came—I do not know the prosecutor.
Cross-examined. I had been in Whitechapel Road two minutes—the prisoner was on top of the prosecutor—the policeman lifted them both up; I did not see them stand before that.
By the COURT. The two men were fighting on the ground—I did see anything in the prisoner's hand, but I could see that he gave the other man something.
ALBERT BANGS (Policeman H). On June 29th I was in Whitechapel Road, and saw a large crowd—I pushed through it, and saw the prisoner and the prosecutor struggling; they were standing up, and the prisoner struck the prosecutor on his jaw and on the left side of his neck—the prosecutor accused the prisoner of stealing his watch and chain—he denied it—there was a crowd of 200 or 300 people.
Cross-examined. When I came up they were in a fighting attitude; they had hold of one another, struggling together, standing up—I saw the prisoner strike the prosecutor twice—I saw Solomon directly afterwards—I took the prisoner to the station—he was charged with robbery and assault, and denied it—he did not say that he was coming from work, and that the prosecutor caught him and charged him with stealing his watch—I find he is a hard-working man, a fish-curer, but had done nothing for a fortnight; fish was scarce then—he lives with his mother, and bears a good character.
NOT GUILTY .
MR. HUTTON Prosecuted, and MR. MUIR Defended.
NOT GUILTY .
MR. WHITE Prosecuted.
nice sheep; I am Mr. John Ive's foreman, perhaps you don't know me"—I said, "No"—he said, "I want one or two joints that we are short of"—I knew Mr. Ive—he left; and when I was going away, about 4.45, he tapped me on my shoulder, and said that he had not enough to pay for the meat for Mr. Ive, and would I let him have a few shillings—I said, "How much do you want?"—he said, "You may as well make it a sovereign; Mr. Ive will be down on Monday morning, and will pay you"—I wrote to Mr. Ive—the sovereign has not been returned.
Cross-examined by the prisoner. I did not say, "The old governor was up here this morning"—the watchman goes on the premises at five o'clock, closing time—you led me to believe you had been with Mr. Ive for years.
By the COURT. I would not have lent him the sovereign unless he had mentioned Mr. Ive's name—he was a stranger to me altogether.
HENRY BROWN . I am employed by Mr. Walter Tippett, 65, Meat Market—the prisoner called on me in May, and asked me to lend him a sovereign—I did so—I knew he had been in Mr. Ive's service—I have not had the money back.
Cross-examined. You had the sovereign on behalf of Mr. Ive—if you had not mentioned him I should not have lent you the money.
HERBERT ARTHUR STUD . I am in the employ of Messrs. Edwards and Wright, in the Meat Market—on June 8th the prisoner came and said, "How are you?"—I said, "All right, I do not quite know you"—he said, "I work for Mr. Ive; will you go and have a glass of ale"—we did so—he asked me to lend him a half-sovereign—I did so, and he gave me this paper, "I. O. U. 10s. Ive"—he came back and asked if I could make it up a sovereign—I said I could not spare it—I let him have 6s. and he altered the 10s. to 16s.—I considered that he referred to Mr. Ive, of Hampton Court—I saw him again on the following Tuesday, he said "I am sorry I could not come yesterday, I went to the cattle market"—we went and had a drink; and he said, "I will come and pay you on Friday, I cannot get any money till Thursday"—I saw him on Thursday, he said "Could you let me have the other 4s. to make up the sovereign"—I said "No, you have not paid the other money"—he has not paid me—I wrote to Mr. Ive.
Cross-examined. You did not say before you came on the 16th that there was a mistake, and you borrowed the money for yourself, but you said you had opened a shop—you did not say that you would pay me, nor did I say, "All right."
EDWIN GEORGE IVE . I am a butcher, of High Street, Teddington—the prisoner was in my employ five years ago—he has not been employed by my son—I have not given him authority to buy meat or borrow money for me.
DANIEL DENNING (City Detective Sergeant). I arrested the prisoner on July 1st—I read the warrant to him, and said, "You answer the description of the man I hold warrants for"—he said, "Yes, I am the man; I borrowed the money, but not with the intention to defraud."
Prisoner's defence. I borrowed the money without any intention to defraud. I did not borrow it in Mr. Ive's name.
GUILTY .— Eight Months' Hard Labour.
NOT GUILTY .
MR. HUNT Prosecuted, MR. PURCELL Defended.
LUIGI FERRIARI (Interpreted). I am an ice-cream vendor, of 115, Three Colt Street—on May 24th, about ten p. m., I was near Poplar Hospital, and somebody, who I did not see, came behind me, and gave me a knock on my head—I lost consciousness, and remember nothing more till Sunday morning.
Cross-examined. I was pushing my barrow before me on my way home—nobody spoke to me—the prisoner is quite a stranger to me—I had no quarrel with him—I had not got a knife with me, I do not carry one—no one called out, "Take care, he has got a knife"—I did not run after anybody with a stick—there were four sticks on the barrow, but I did not strike the prisoner with a stick—I was alone, but he had company with him—the only time I saw him was when he raised the hammer to strike me, and then I turned the barrow round to push it—I do not think the prisoner had a barrow—I saw the doctor last on Thursday, and I have to go again to-morrow.
FRANCIS CHRISTOPHER . I am an engineer, of 2, Hunt Villas, Plaistow—on May 24th, about ten p. m., I was in the East India Road with a friend, heard shouts of "Police," and saw a man with an ice-cream barrow, and the prisoner took a hammer from under his coat and gave him two blows on his head with it from behind.
Cross-examined. The first thing I saw was the prisoner chasing the prosecutor round the barrow—only two persons were present then—there was no other barrow there—they were not talking to one another when they were chasing one another round the barrow, but the prosecutor was calling "Police"—a crowd gathered round—the prosecutor got on the pavement, and the prisoner walked away—the prosecutor took one of the sticks from the barrow—he was chased round the barrow about a minute before he took the stick—the prosecutor could not have made use of the stick before the crowd gathered.
Re-examined. The stick was the awning support—the prosecutor did not use it.
ALFRED DAVEY . I am a carpenter, of 220, Green Street, Upton Park—I was with Christopher, and saw the prisoner chasing the prosecutor with a hammer, and strike him two blows on his head from behind—the prosecutor was going quietly away when he was struck.
JAMES SIMONS (71 K R). I saw a crowd running after the prisoner, and shouting "Stop him"—he had this hammer under his left arm—the two first witnesses told me that he had assaulted a man—he said "No"—I took him to the East India Road, and saw the prosecutor bleeding from his head—I took the prisoner to the station.
Cross-examined. I spoke to him in English—he did not understand me—I have ascertained that he has been eighteen months or two years in England, and has been a peaceable lad, working for an ice-cream man.
EDWARD SUTTON . I am house surgeon at Poplar Hospital—on May 24th, about 10.30 the prosecutor was brought there—he was conscious, and answered questions put to him—he had a compound fracture of his skull, depressed and laceration of the scalp—trepanning was performed, and I took away a portion of bone larger than a shilling—he was discharged on June 27th, and made an out-patient—the injury was serious, and such as might be made by a hammer.
Cross-examined. The wound was made by one blow—that part of the skull will be weak, the hole will not close, and there will always be a tender spot there if he is hit.
HARRY DILLON (Police Inspector). I take charge of the station; the prisoner made a statement there in English—I took it down and he said, "I live at 83, Victoria Dock Road, with Bertista Peretti; he gave me the hammer and told me to go and kill him because he took all my governor's trade; he stands near my governor's shop; my governor said, 'If you tell anyone who told you to do it I will kill you.'"—after that had been read over to him, he said, "Not kill him, hit him with the hammer."
The prisoner's statement before the Magistrate:—"I insulted him, but not willingly. He stopped with his barrow and took out a knife. The people say, 'Take care he has got a knife.' He took a stick and came after me—he struck me with the stick, and I gave him a knock with the hammer.
GUILTY .—He had been charged with several assaults previously.— Twelve Months' Hard Labour.
MR. LYONS Prosecuted.
GEORGE TUCKFIELD . I am manager of the Green Gate public-house, St. Luke's—on June 29th I made a tour of the house, and found the blinds unfastened—I fastened them up—I was awoke at 1.15 by a constable, who was holding the prisoner, and said, "Come down, your shutter is open"—I went down and found the bolts drawn back, and the shutter raised eight inches—the constable said, "I found this man; will you charge him?"—he said, "Governor, I have a wife and family; you know me; will you charge me?"—I knew him as a customer.
Cross-examined. When I came to the door you said, "Do you know me?"—the constable said, "Go and look at your shutter"—I said, "My shutter was open; I closed it"—I have never known you to commit yourself—the inspector asked me whether the barman or anybody inside had drawn the bolts—I told him it was impossible, because I had fastened the house myself—he said, "How do you know that any of the barmen could not have drawn the bolts for their pals outside?"—that is impossible.
Re-examined. When I went to bed no member of the establishment was downstairs, and the door was still unlocked when I came down.
JOHN FOULSTON (60 G).—On June 30th, at 1 a. m., I saw the prisoner lying on his chest, with the upper part of his body inside the Green Gate public-house, and the shutter was raised. Before I could catch hold of him he got up and walked hurriedly away. I went after him, caught hold of him and asked what he was doing with the shutter. He said that a number of men had set upon him and struck him on his
mouth and knocked him down—I found no mark on him—I found a small penknife and a horse-nail on him—he could get his hand under the shutter where the stone is worn away and remove the bolts.
Cross-examined. I mean to say that I saw you with your body under the shutter—I did not say it was your head—when I first saw you I was twenty yards from you—you crossed Bath Street and went towards Old Street—you were not talking to other men and women at the corner of Bath Street, no one was there—you did not kick at the door, I said to the governor, "Will you charge him?"—a young man did not come up and say, "I have just left that fellow to go home—the man is drunk"—you were sober—I did not go away for two hours, before the charge was booked—after you were charged you were put in a cell, half an hour after you were brought in—I came back and pulled up my sleeve, and said that I could put my arm underneath and draw the bolt; I have done it.
Re-examined. From the first moment I saw the prisoner half-way under the shutter till I saw him in the cell I had my eyes on him.
The prisoner's statement before the Magistrate; "A man named Frederick Holmes, of the Phoenix Coffee Tavern, City Road, can prove I never was near the prosecutor's house at all; I deny all that the prosecutor has said; I was not found with my head under the prosecutor's door."
Witnesses for the Defence.
CHARLOTTE GOOD . I live at the Rope Walk Ground, Commercial Road—the prisoner is my sister's husband—on June 30, about 2.55 p. m., he came to my place and said that my sister was very bad—I said I would go home with him—we had some drink, and I left him very drunk in the Commercial Road at 10.55—I went to get him a cab, but the man would not take him because it was Sunday—he was not too drunk to walk—he got into the tram, and I heard no more of him—when I was at the station the man said that he was afraid to come and tell the story, because the policeman would put him in prison—his name is Fred Holmes—he lives opposite the large linendraper's in the Commercial Road—four of us went to the Green Gate last Sunday and inspected this shutter; we all tried to put our hands under it and could not.
G. TUCKFIELD (re-examined). I had a padlock put on the shutter the next morning—the bolt being worn, allowed the shutters to be raised a little—it would not require a hand underneath, a finger would do it.
The prisoner, in his defence, stated that he ran against three young fellows and begged their pardon, but they got fighting, thirty yards from the window, and he was never nearer to it till the constable took him there, and that the bolt must have been pushed up after the house was closed.
He then PLEADED GUILTY to a conviction in 1890, and three summary convictions were proved against him.
Eight Months' Hard Labour.
ironer—I know the prisoner, but she is not a friend of mine—on June 11th I met her; she asked me to have a drink with her and I did—this was before eleven a. m.—I went to an oil shop with her, and then went home with her and remained all day—she got the worse for drink, and asked me if I had sufficient money to treat them—I said, "No," and she pulled out one of my earrings and struck me with a knife; it went into my breast, but not far—I took the knife out of her hand—it belongs to her young man—this is it—she was the worse for drink—I did not pull out a hairpin and stick it into her arm—I did not try to stab her with a knife—I did nothing to defend myself, I was senseless.
Cross-examined by the prisoner. I was not with two young men in a public-house at Hoxton—I did not ask you to let me have a wash; I was dressed for the day—I have got a wound on my head; a man did it with a pewter pot—I did not say "I am coming home to your place to-night," nor did you say that I could not—I had got a lodging in Hoxton—I did not say, "Do you know who I am?"—I did not pull out a knife, but a young man gave me one—I did not catch hold of you by your hair, or follow you.
By the COURT. I did not fight with her—witnesses were examined at the Police-court, and one of them said that we were having a rare fight—that is not true.
ARTHUR MARTIN MITCHELL . I am house-surgeon at St. Bartholomew's—I saw the prosecutor on June 12th, she had two incised wounds on the scalp and a very small one on her breast, and the scar of an old scalp wound which might have been produced by a pint pot—this knife would produce the wounds on the scalp; they were not serious, one was half and the other three-quarters of an inch deep—she was sober—the prisoner was rather fresh.
ALFRED BUCRKYE . I am a labourer of 6, Haig Street, Bethnal Green—on June 11th, about 10.45 p. m. I saw the prisoner and prosecutrix standing against a wall striking blows at one another—they were having a rare set-to—I stopped a few minutes and looked at them, and the prosecutrix fall but commenced it again, and after she fell the prisoner got on top of her and some people pulled her off, and then they got into Newbury Street, the prisoner tried to run away, the prosecutrix ran after her and fell against the wall—I went up and saw her bleeding from her head and saw the police there—neither of them seemed sober—I am not acquainted with either of them.
EDWARD HARLECK (306 City). On June 11th, about 10.45 p. m., I saw a crowd and found the prosecutrix leaning against the wall, her dress was covered with blood, and I took her to St. Bartholomew's Hospital, she appeared sober—I took the prisoner at 3.45 next morning and told her she would be charged with cutting and wounding; she said "I did it in self-defence."
The prisoner's statement before the Magistrate, "I took the knife away from her and used it in self-defence.
Prisoner's Defence. I never saw the knife until she had it.
The prisoner received a good character.
GUILTY of unlawfully wounding under great provocation. Discharged on Recognizances.
THIRD COURT.—Wednesday, July 24th, 1895.
Before Mr. Common Serjeant.
MR. HENDERSON Prosecuted.
The prisoner stated in the hearing of the JURY that he PLEADED GUILTY to unlawfully wounding, and the JURY found that verdict.— Eighteen Months' Hard Labour.
MR. CALTHORPE Prosecuted.
GEORGE SMITH . I am a baker, of Cross Street, Essex Road—about 1.30 p. m. on Sunday, June 30th, I was in Slater Street carrying two pigeons, which I had just bought, in a bag—I was looking at a man selling cards, when Goodman snatched my watch and broke a link of my chain—I caught hold of him and asked him for it—he said, "Search me"—I felt down his coat, and then he struck me and knocked me down—I got up and blew a whistle—he struck me and knocked me down again—Gilbey was standing at the side—Goodman passed the watch to a tall man; I felt his hand go round to him, when he struck me—when I got up he had gone—the prisoners ran off rather quickly till they saw a policeman, and then they slackened speed—they were given into custody.
Cross-examined by Gilbey. You walked away quickly.
Cross-examined by Goodman. There were only you three and some little children.
WILLIAM LAUD . I am eleven—I live at 76, Long Street, Kingsland Road—on 30th June I was looking at the man selling cards—I did not see the watch taken, but I picked up from the ground this ring of the chain, and I saw Goodman strike the prosecutor, who blew his whistle—Goodman took the whistle and threw it into the air, and then started to hit the prosecutor again—Gilbey did nothing—I saw no tall man there.
Cross-examined by Goodman. You hit the prosecutor before and after he blew the whistle—he fell to the ground—you were looking at the man selling cards when he blamed you—a lot of people were round there, a few boys and a few young men—the prosecutor did not blame anyone before he blamed you.
WILLIAM GREGORY (70 H). On 30th June, shortly after one, I was on duty in Slater Street—I saw a large crowd, and the prisoners hastening towards me, and the prosecutor following—I stopped them at the corner, and the prosecutor said that Goodman had stolen his watch, and that Gilbey was the other one—Goodman could hear that—I seized Goodman and handed him to another constable—Gilbey was hastening out of the crowd—I went after him, and brought him back—he made no reply when charged.
Cross-examined by Gilbey. You were doing your best to get out of the crowd.
Cross-examined by Goodman. You both came towards me—I stopped you before you could turn round the turning.
THOMAS YORKE (22 HR ). I took Goodman from Gregory; he said, "I know nothing about it"—on the same day, previous to their being taken into custody, I had seen the prisoners together—they were companions before this.
Cross-examined by Gilbey. It was before twelve I saw you and Goodman with a crowd—you and he had your heads turned together as if speaking, and I saw you again five or six minutes before you were taken.
The prisoners' statements before the Magistrate. Gilbey says: "I can prove I did not come out of my place till twelve." Goodman says: "I was going up to the constable to tell him about this affair."
Gilbey, in his defence, said that he had not seen Goodman before, and that he followed with the crowd to see what the prosecutor was following. Goodman said that the prosecutor accused him of taking his watch, and followed him, and that at last he struck him.
GILBEY— NOT GUILTY .
GOODMAN— GUILTY . Ten Months' Hard Labour.
585. THOMAS CROUCH(41), and WILLIAM COLE(21) , Burglary in the dwelling-house of Amelia Watten, and stealing a watch and chain and £25, her property, and a handkerchief, the property of Frances Amelia Watten.
CROUCH PLEADED GUILTY .
MR. LYONS Prosecuted.
AMELIA WATTEN . I keep a clothier's shop at 123, Portland Road, Netting Dale—soon after ten p. m. on 12th June I went to bed, leaving all my doors and windows securely fastened—about four a. m. I heard a noise—a little before seven a. m. I got up, and saw evidences of a burglary having taken place—I missed a gold watch and chain, and between £20 and £30 from a collar box in the drawers, and a silk handkerchief—I saw Cole watching my house the night before the robbery, opposite my door; he was by himself—my daughter is dangerously ill.
ALFRED GILLAM (Inspector X). On 13th June I visited 123, Portland Road, and examined the premises—entrance had been gained into the back premises by a gate, over several walls, to a door in the basement, from which several panes of glass were taken out—the outer door could not be opened till an inner w.c. door had been pushed back—in the upstairs front room I found a number of things disturbed—a chest of drawers in the front room had been broken open by some blunt instrument, apparently a pair of tongs which I found there had been used—the glass in the basement door had evidently been out for a long time—an arm would have to be put through the broken glass to push back the w.c. door.
JOHN PALFREY (Detective X). About midnight on 12th June I was in plain clothes, and saw the prisoners outside the Unicorn public-house in Portland Road—on 14th June I saw them with a woman in Latimer Road—on June 16th I went to the George beer house, in St. Clement's Road, where I saw Cole and a woman—I told him I should take him into custody for housebreaking—I took him to the station.
him he would be charged with Crouch with breaking and entering 123, Portland Road on the night of the 12th inst—he said "Is Crouch locked up?"—I said "Yes"—I said he would be charged with stealing a gold watch and chain, and about £30 in gold and silver, and other property—he said, "Let me see the entry of the things that were stolen"—I gave him the book describing the property, and he read it and said, "Yes, we did the job; this is a bit of cutting up; I only got about 30s. for my share; I never saw any watch and chain; that girl knows nothing about it, let her go," pointing to a girl on the opposite side of the room—she had been brought to the station as being with him at the public-house—she was discharged—he was afterwards charged, and made no reply—I made this note at the time—Cole did not deny this statement when at the police-court.
Cole in his defence stated that he did not know Crouch, and that he did not own to the burglary, or say anything of the sort.
GUILTY .—Cole**† then
PLEADED GUILTY to a conviction of felony in November, 1891, in the name of William Harris , and Crouch** to one in October, 1887, in the name of Thomas Jones . Crouch was stated to have served two terms of seven years' penal servitude, and one of five years' penal servitude, in addition to three terms of imprisonment, but to have been at work since he last came from penal servitude, and until he came into Cole's company three weeks before this burglary. A Nonconformist minister, who had employed Crouch, stated that for the past eighteen months he had done his utmost to gain an honest livelihood, and that he would endeavour to assist him on his release. Cole was stated to have done no work since he came out of prison, and to have been the constant associate of thieves.
CROUCH— Twelve Months' Hard Labour. COLE— Three Years' Penal Servitude.
MR. S. W. CLARKE Prosecuted.
MARY ELIZABETH POWELL . I am a widow, of 18, Rossiter Mansions, Fulham—I have known the prisoner seven years; he has been an intimate friend of my family—in May last I employed him to try and obtain a return of income-tax—he filled up these three forms of application in my presence—the signatures on them are mine—on June 20th he called and said, "Mrs. Powell, I have got your claim"—I said "I am very pleased indeed to hear it"—he said "What arrangement will you make with me?"—I said "What do you expect me to pay you?"—he said "I shall want at least one-half"—I said "I cannot do that, I will give £3"—the amount of the rebate was £11 16s. 8d.—he did not tell me what the amount was, or say he had the order for payment in his pocket, I never saw it—this is not my signature—I did not authorise the prisoner or anyone else to sign my name to this or any other money-order—I have never received a farthing of this money; I never knew the prisoner had got it—not getting my money I communicated with the authorities at Somerset House, and in consequence of what I heard the prisoner was given into custody at my instance—I was quite ready to sign this postal order on 20th June,
and if the prisoner had asked me I should have done so directly; there was no need for me to give him authority to sign it.
Cross-examined by the prisoner. I gave you authority to do everything for me to obtain the return of this income-tax, except to sign my name—I never gave you that authority—I have been to your house several times—you are an accountant, I believe—I have not been to your house since you had the order—I never applied to you and asked if you had the money, or any part of it—I did not know you had it till I wrote to Somerset House—you said you were very pleased to say my claim was allowed, but you did not say you had it in your pocket—I have been a widow for eleven years—about five months ago I made a will, and appointed you executor, and the trustee for and guardian of one of my children—I had every confidence in you up to this time.
JOSEPH SIMPSON . I am the principal Registrar of the Inland Revenue Department, Somerset House—about 21st May I received these three claim forms for the return of income-tax signed by Mrs. Powell—on 19th June the claim was allowed, and this money order for payment of £11 16s. 8d. was made out, payable at 276, Chiswick High Road—this this is the office register, which shows that it would be sent to the address shown on the form, to the care of Mr. Pike, 262, High Road, Chiswick.
Cross-examined. I cannot identify you as the man to whom it was paid.
WILLIAM JAMES (Sergeant T). On 24th June, about eight p. m., I arrested the prisoner at his house, and said he would be charged with forging and uttering a letter for the payment of money, which order was enclosed in a letter sent from Somerset House to him, and changed by him at the post-office close by—he said, "Well, that is all right, but she is not going to charge me"—I charged him again at the station—he said, "I am innocent, I had her authority"—he was under the influence of drink, but sober enough to know what he was saying, and several hours elapsed between his being taken to the station and being charged.
Cross-examined. I have made some inquiries about you—you have never been charged before—several persons in the neighbourhood of Fulham know your actions to be far from straightforward—you have incurred debts and not paid them, and done other things—you have lived in Chiswick since last December—before that you lived somewhere in the neigbourhood of Fulham—I gave you the opportunity of giving me the names of people I could refer to, and you did not.
By the COURT. He and his wife were in the habit of drinking.
THOMAS HENRY GURRIN . I am handwriting expert to the Treasury and Scotland Yard—I have examined the writing of the prisoner and Mrs. Powell contained in this document and this postal order, and have come to the conclusion that the signature on the money order is an imitation—it is not in the prisoner's ordinary writing, and purports to be written by a woman; it is a disguised writing.
The prisoner, in his defence, stated that the had done what he did to save Mrs. Powell trouble; that he considered he had her authority to do it
that he had no intention to defraud her, and that if she had called at his house on the Friday, Saturday or Monday she would have had the money.
GUILTY .— Discharged on Recognizances.
MR. RANDOLPH Prosecuted, and MR. E. BEARD Defended.
The prisoner stated in the hearing of the JURY that he PLEADED GUILTY to unlawfully wounding, and they found that verdict. The COURT considered that the prisoner had received great provocation.
Discharged on Recognizances.
MR. CAGELL Prosecuted.
JOHN WRAY . I am a horse-collar maker, of 41, Maybury Road, Harrow Road—on 18th June I was returning home late—I saw the prisoners, whom I knew well by sight, standing on the kerb outside my house—as soon as I took my keys out they rushed on me and held me by the throat and very nearly killed me, and took my watch and Albert, a penknife, a sovereign, a half-sovereign, and two florins—Allen went away but Mace stopped, and I got hold of him, and got my watch back from him; he pulled at the chain and it broke—I held him as long as I could and then had to let him go, I was so fatigued—both prisoners seized me by the throat—I was kicked on the body and my knee; my knee-cap is disarranged; I am lame now, and can hardly walk; all my left leg was black and blue from the ankle to the knee, and this side also—my throat is not right now; I have not been well since—I cannot say which prisoner kicked me; that happened in the passage of my house, I had got the door open—on 26th June I gave Mace into custody—I knew both prisoners by sight, but did not know their names—I was not a friend of Mace; I never mixed up with him, but he has asked me for a drink, and I have said he could have one—I was on speaking terms with him—on Saturday last I saw Allen in the Harrow Road, and gave him into custody.
Cross-examined by Mace. On that day you forced your company on me—I gave you 6d. to go on an errand for me—at mid-day on 18th June I left off work about twelve and engaged a cabman, who drove me and you to Wembley Park; you asked if you could come with me, and I said, "Yes"—you were in my company from 12.30 till 11.45 p. m.—I met you outside the Neeld Arms, I was not drunk—I had a small lemon then; they did not refuse to serve me—we went from there to the Royal Saxon—the cabman was to have 10s. for driving me to Wembley Park and back—I did not leave you with the cabman, and go home to get more money—I had plenty with me, over £3—a lady came to the Neeld Arms in answer to the message you took for me; she did not come with me—we went to the Greyhound at Wembley Park; I showed you over the grounds, and then you and I and the cabman had tea, which I paid for—I did not fall down the steps going into the room—I did not go to sleep in the cab—I did not take the cabman's number;
I saw him the other day, but he cannot get here—we parted that night at the Oliver Arms at 11.40; I bade you good-night, and when I got to my door I found you both waiting for me on the kerb—the robbery took place in the passage just inside the front door—I unlocked the door, and you rushed in after me—it was four or five yards from the kerb to the door—you sprang on me—I did not take any man indoors with me that night—the lamp was out, and it was dark in the passage, but I saw you both on the kerb, and I knew you both by sight—Allen joined you at the Oliver Arms on our return from the excursion—I took no other men into the public-house—I did not take Allen in; he came in, and I gave him a glass of beer—you and I were alone there till he came in—I did not get into conversation with anyone else in the bar—I am single, and I have lodged with my married sister for twenty-three years—after the robbery I went to the police-station and reported it, with my tie and collar pulled off, as you had left me—I had not fallen down all day long.
Cross-examined by Allen. I knew you by sight, not by name—I have seen you in the Harrow Road several times—I never spoke to you—it is about five minutes' walk from the Oliver to my lodgings.
Re-examined. I saw Allen in the bar of the Oliver up to 11.40—he joined Mace, and made himself very familiar to me—I saw him last Saturday, and gave him into custody at once.
ROBERT GOTSELL (XR 30). On 26th June I took Mace into custody at eight p.m.—he was quite sober—I took him to the police-station, where he was charged—he said, "If I wanted to rob you I could have done so in the cab"—I had been seeking him since the 18th, and could not find him—the prosecutor gave him into my custody.
WILLIAM SPENCER (XR 6). I arrested Allen in the Harrow Road last Saturday evening—I took him to the police-station, where he was charged with this robbery—he said to the prosecutor that he had made a mistake, and that, to the best of his memory, he had never seen him before.
Mace, in his defence, said that the prosecutor was drunk at midday, and that he could have robbed him in the cab if he had wanted to do so. Allen said that he knew nothing of the robbery.
JOHN WRAY (re-examined). I went to the Police-station after I was assaulted—the officer who took my statement there is not here—I was perfectly sober then—I had no spirits all day—I don't know the name or number of the cabman.
ROBERT GOTSELL (re-examined). We had instructions to search for Mace on the morning of the 19th—I don't know who was the officer in charge of the station on the night of the 18th—on 26th I met the prosecutor, and he said he had just seen Mace go up the road, and I went with him, and arrested the prisoner—the prosecutor gave a description of Mace, which corresponded with him.
NOT GUILTY .
MR. HUTTON Prosecuted.
NOT GUILTY .
MR. MORRIS Prosecuted.
RICHARD DEEBLE . I am manager to Henry Peter Tyler, boot manufacturer, of 629, Holloway Road—no one lives on the premises—on the afternoon of June 27th I left the shop locked up, and everything was then safe—I came again next morning and noticed the till broken from the counter and lying on the floor—I missed 3s. 6d. in coppers and several pairs of boots—this pair was taken; they art; my master's, his name is on them—their value is 8d. 6d. retail—the kitchen window shutter had been forced open; it was securely fastened the day before—I found a knife and an iron rod, something like a poker, in the shop—I went to the station after the prisoner was arrested and charged him—he did not say anything—I did not know him.
Cross-examined by the prisoner. These boots were unstitched at the back, the seam had given way—they have since been mended.
ALBERT GARRETT . I am assistant to How, a pawnbroker—the prisoner pledged this pair of boots on June 29th for 3s., in the name of James Williams—the police afterwards called and gave a description of stolen property, and we produced these boots—they were soiled, and seemed to have been worn—the prisoner brought them in a piece of paper—we asked if they were his own, and he said "Yes"—I think he asked 5s. for them.
GEORGE CONSEN (Detective Sergeant Y). I received a description of the boots; inquired at the pawnbrokers, and found that a pair of boots answering the description had been pledged; they gave me a description of the prisoner—I spoke to Deeble, who identified the boots—about two hours afterwards I saw the prisoner in the road, and said to him, "Where did you get that pair of boots which you pawned this afternoon?"—he said, "I bought them off a man in the Marlborough, I don't know who he is; I gave him 2s. for them, and pawned them for 3s., and lost the ticket"—I told him he would be charged with shop-breaking—when the charge was read to him, he said to the prosecutor, "What time was the alleged offence committed?"
The prisoner called
THOMAS PORTER . I am a horsekeeper, of 8, Flower's Mews, Archway Road, Highgate—you lodge in the same house with me, and occupy the room next to mine—I went to bed at twelve o'clock on the night of 27th June—you were then in bed, awake—I was up at seven o'clock next morning—I saw you at breakfast at about nine o'clock.
Cross-examined. We live at a common lodging-house—I don't know where the prisoner was between five and 11.30 p. m.—I did not see him between twelve and 8.30 or nine next morning.
The prisoner, in his defence, stated that he bought the boots for 2s., had them mended, and pawned them for 3s.
NOT GUILTY .
Second Count—Receiving the same.
MR. MORRIS Prosecuted.
EDWIN TOWLER . I am a jeweller, of 41, Crouch Hill, Islington—on 27th June I securely closed my premises about ten p. m.—I live in the house—I went out and returned about 11.15, and found the place all right—next morning, about six, I was awakened by neighbours, and I found my parlour door was fastened by a chair placed against it, and a poker was lying on the couch—the place was in great disorder—I missed twenty-three watches, three gold pins, eight gold lockets, twenty-one gold rings, a silver match-box, two gold neck-chains, five pairs of earrings, and two gold bracelets, and several other things—my total loss was over £40—the shop parlour window had been forced open—it was fastened the night before by a catch and a long French nail—I communicated with the police—Couchman showed me these three silver and one gold watches the same day; they were part of the stolen property—the next day I identified six gold rings and two watches—on the morning of the 27th June I had seen the prisoner and another man hanging about outside my place for ten minutes—I was speaking to a detective-sergeant; for the same morning, while I was at breakfast, I lost a diamond and ruby brooch out of my window.
ALFRED TESTER (329 Y). About 2.50 a. m. on 28th June, I was in Blyth Road, Stroud Green—I saw the prisoner and another man on the Great Northern Railway line—their pockets were sticking out a little—I went round the road in front of them—I saw them go off the railway line and get over a fence—when they saw me they ran towards some empty houses in Stapleton Road—I ran after them and blew my whistle, but I lost sight of them in the houses—when I came back over the railway I found these two silver watches at the place over which the prisoner had come—he was coming from the direction of the prosecutor's shop—I afterwards identified the prisoner from among twenty other men—I was twelve yards from him when I first saw him; he did not see me then—it was day-light—I was in uniform—I gave this description to my inspector—I should know the man who was with the prisoner if I saw him again.
GEORGE COUCHMAN (Detective Sergeant N). I had the prisoner in custody on another charge and I thought he answered the description, and I placed him among twenty others, and Tester identified him—I told the prisoner he would be charged with burglary; he said he knew nothing about the burglary—I received these watches and ring from a working man.
ISAAC FISHER . I am a labourer of 91, Merton Road, Stamford Hill—I picked up six rings and two watches, one gold and one silver, in a cupboard in the kitchen of an unfinished empty house in Stapleton Road where I was working—the doors were open all night and anybody could walk in—I gave the watches and rings to the police—the house is close to the railway.
HENRY MEAD (191 Y). About 2.50 a. m. on 28th June Tester called my attention to the prisoner and another man walking on the railway—I followed and got twelve or fourteen yards behind them, while Tester was in front—I saw their side faces distinctly—I afterwards identified the prisoner from among nine others at the Police-court—I am sure he is the man—I had not seen him before—he was forty yards from me when first saw him—he was wearing a hard felt hat.
The prisoner, in his defence, stated that he knew nothing about it.
Couchman stated that the prisoner did no work, and was the associate of thieves. Eighteen Months' Hard Labour.
OLD COURT.—Thursday, July 25th, 1895.
Before Mr. Justice Collins.
He received a good character, and his aunt became surety for him and undertook to find him employment.
Discharged on recognizances.
Second Count to do grievous bodily harm.
MR. O'CONNOR Prosecuted, and MR. BIRON Defended.
JANE NOAD . I am single—I live at 72, Collier Street, Pentonville—on the morning of 12th July I was in the Street, going over Battle Bridge—I met the prisoner—he pulled out a knife and stuck it into my arm—he meant it for my side—I did nothing, I was standing at the time—he took his hook, and I went to the Police-station and had my arm dressed—I have lived with the prisoner nearly all my life, but I left him for his cruelty six years ago—I have had ten children by him—these letters were handed to me by my child—they are the prisoner's writing (These were in very abusive terms, threatening the death of the witness the next time they met.)
Cross-examined. I have lived with the prisoner about twenty four years altogether—the last time I left him was about March this year—he was very anxious that I should come back to him—he wanted me to marry him, but I did not think proper to do so—I went to live with my mother, taking my child with me—I go out washing, and work hard to get a bit of bread for my child—he has not given me a halfpenny for the last seven years—he has ill-treated me all my life—my mother did not tell me to go and have it out with him—she said if we could not agree it was best to leave him, as he had been a cruel brute to me—when I met him on this day he was not using the knife to cut his bread and cheese with—the wound he gave me was under my arm, I put up my arm to save myself, not to strike him, it did not happen in that way—it was my left arm that was wounded—I was speaking to him as he pulled out the knife all of a sudden, and said, "Take that"—I met him the day before, and he asked me to wash his collars; I told him to send them to the laundry.
reside in Percy Street, Pentonville—I attended the prosecutrix on July 12th—she had a wound on the inner side of the arm, two inches above the elbow—the direction was downwards and inwards; it was not a serious wound—this knife would have done it.
Cross-examined. It was perfectly consistent with her having her arm up, and bringing it down on the knife—it was not a stab.
WILLIAM NEWTON (G. 199). I arrested the prisoner—he said "I did not mean to hurt her"—on the way to the station he dropped this knife, a little boy picked it up and handed it to me at the station—the prisoner then said to the prosecutrix, "Surely you are not going to press the charge against me, we were only having a row."
Cross-examined. He said he had been driving a cab many years and always tried to get an honest living.
GUILTY of unlawful wounding.— Nine Months' Hard Labour.
MR. HUTTON Prosecuted, and MR. TRAVERS HUMPHREYS Defended, at the request of the COURT.
NOT GUILTY .
NEW COURT.—Thursday, July 25th 1895.
Before Mr. Recorder.
BANGHAM PLEADED GUILTY .
MR. BESLEY, Q. C., and MR. C. F. GILL Prosecuted, and MR. DRAKE Defended.
WILLIAM HARRISON HILLMAN . I am manager of the City Bank Limited, Queen Victoria Street—on December 8th, 1894, the prisoner came and gave the name of Ernest Hamilton, 35, Holland Street—he referred to his bankers, the London and South Western, Earl's Court—I filled up the paying-in slip in his presence—one of the cheques was this one of Mr. Mackusick's for £49 9s. 10d., on the Universal Stock Exchange—on December 31st £11 10s., was paid in—there was a cheque of Smith, Payne's in the original opening account—I had given Mr. Child directions to issue a book of thirty cheques to bearer, numbered AB50351 to 50340—I did not see the person who came with a cheque for £960 on January 4th, Mr. Neale did—a cheque on Smith, Payne's for £811 was paid in—two cheques of £960 and £640 were returned to the bank as forgeries next day, and I found that they came from the book I had given to Ernest Hamilton—we do not look at the numbers of the cheques we pay, it is impossible—when the £811 cheque was found to be a forgery the account stood about £2 in credit.
cheque for £811 and this paying-in slip—it was not then marked "Signature differs"—it came back next day—the £640 cheque was presented to me by another man, between 11.30 and 12—I was shown eight or nine men at Cloak Lane on June 28th, and touched the prisoner immediately—I had no doubt whatever he is the man who presented the £640 cheque—I gave for it one £200 note, two £100 notes, four £50 notes, and £40 in gold—this £100 note, 63996, was one of them, and among the four £50 notes were 87051 and 87052—I only saw Ernest Hamilton a few minutes.
By the COURT. I saw Hunt at the Mansion House, and identified him some time in June, just before I identified Cronin—I picked Cronin out as the man who presented the other cheque.
Cross-examined.—A good deal of business is done at this bank—I serve about one hundred customers a day—I had never seen the man before but I had seen Hunt—I had not identified a man named Small (See page 760)—I was first spoken to on June 28th about the identification of the man who cashed the cheque—I first went to the back of Cloak Lane Police Station—I went direct—I had not been to the Old Jewry—there were six or eight men there—I said at the police-court, "I believe Cronin presented it; later on I said, "To the best of my belief Cronin presented it"—I had not seen him before.
Re-examined.—On 25th June I touched the man who presented the cheque—on January 5th, when he returned, I knew the cheques were forgeries—this book (produced) contains the entries of the transactions—there is one entry between the £960 and the other—this contains all the persons I gave cheques to between nine and four—up to 11.30 twenty-seven cheques had been presented and paid before Bangham came with the £960, and only one was paid in—about sixty were paid out.
By the COURT. It is not common to pay such large sums over the counter, but on this particular account they were in the habit of drawing large cheques, payable over the counter—except those two cheques, £100 and £120 were the highest amounts paid across the counter—when I found these cheques were forgeries I took my mind back to the day previous.
CHARLES ENGLISH . I am a builder of 35, Holland Street, Kensington—I let a room in my house from June 3rd to 14th to a man calling himself Ernest Hamilton—that is the man—I do not know of anybody sleeping in his apartment—I do not recognise Marshall—I am away in the day.
MARY ENGLISH . I am the wife of the last witness—Bangham was our tenant—he settled with me, and left on January 4th, about five o'clock—he left no address—he took his luggage with him—a man helped him to pack, but I did not see him—he came back for an umbrella—I found this paying-in slip book, and I gave it to the police.
HOWARD MONTAGU MACKUSICK . I am managing-director of the Universal Stock Exchange—this cheque for £49 is signed by me—I gave it in closing an account for a customer—the signatures to these cheques for £960 and £640 are forgeries; very good forgeries, except two letters—I said that I should pass them, but the cashier said that they had never been drawn—my book initials are E. C., and the initials of the book given out to Hamilton are AB.
CHARLES JOHN WILLIAMS . I am a clerk in the bank—I produce a £50 note, 87502, endorsed "Ernest Hamilton," which is partly torn off in cancellation, and three £100 notes, one of which, 62841, is endorsed "Ernest Hamilton."
THOMAS JOSEPH BARTROP .—I am a cashier at the London and South Western Bank, Earl's Court.—Hamilton kept an account there from January 16th, 1894—many of his cheques were in favour of Marshall—I picked out the prisoner Marshall from six or seven men, but I am not certain of him.
Cross-examined. I had several opportunities of seeing the person in the bank—I am the only person who pays cheques—they were open cheques.
Re-examined.—Note 63996 was brought to me by Hamilton on January 4th, about 3.30 p. m., and I paid him £100 in gold for it—he said he had an aversion to bank-notes—Ernest Hamilton was an old customer.
HERBERT LINFORD . I am assistant to William Ayres, a pawnbroker, of 249, Hammersmith Road—on 9th December, 1894, I advanced £10 on a watch and ring—this is the contract note—the number of the watch is 10260—the prisoners came on January 4th, at 6 p. m., to redeem the ring, and Hunt gave me this £50 note, 87502—I gave him the change in gold, £40—the other man stood by, and asked if we could change another £50 note—I said that I had not sufficient gold to spare—I believe him to be the other prisoner—it takes about half an hour to walk from Holland Street to the shop in Hammersmith.
Cross-examined. The solicitor for the prosecution examined me at the Mansion House—I told him as much as he asked me—I did not say what I have told you to-day—he did not ask me about it—the other man was not there when the watch was pawned, only when it was redeemed—he said nothing in reference to redeeming it, nor did he give me the £50 to pay for redeeming it—no other £50 note was produced—he said nothing up to that time—I am quite certain of his identity—it was not Hunt who offered me another note, it was his companion—I have no doubt about it.
JOHN DAVIDSON (City Police Inspector). On June 28th I went with Inspector Wright to 27, Ronald's Road, Holloway, and saw Cronin—I said, "My name is Davidson; I am an inspector of City Police, you must consider yourself in custody for being engaged with Small and Hunt in uttering forged notes on January 4th this year, and obtaining £1, 600"—he said, "I don't know what you mean"—I said, "Fred Bangham is in custody at Winchester; you were passing in the name of Cronin"—he said, "I know a Bangham; I used to go to school with him, and also knew him at Brighton. I do not know anything about the forgeries: I was stopping with him at Kensington, and helped him to pack his luggage, I went with him to redeem his watch. Before we left 35, Holland Street I saw him burning some papers"—he was taken to Cloak Lane and told to stand where he chose—he said he was satisfied—Mr. Beale was then in another room, where he could see no one; he was called in, and went up to the prisoner and touched him—after that the prisoner said, "What are these gentlemen identifying me for?"—I said, "He is the cashier of the City Bank, and identifies you as paving you the £640"—Small was convicted last Session and sentenced; he also assumed the name of Ernest Hamilton.
WILLIAM WRIGHT . Davidson said to Marshall, "Your name is Marshall; you were living at Brighton with Fred Bangham, you were making a book together"—he said, "I was with him collecting papers, and he paid me"—I said, "You went to the pawnbroker at Hammersmith, and redeemed a gold watch, and changed a £50 note"—he said, "I went with him, but I did not change any note"—I said, "You have been to Holland Street"—he said, "Yes, and before leaving we burnt a lot of papers"—I said, "You were at Winchester"—he said, "Yes, I left there on Monday"—on the way to the station I said, "You were a barman"—he said, "What name?"—I said, "At White Cross Street in the name of Bowden, and at the Blue Coat Boy, Norton Folgate" I took this watch from Bangham, it is a gold one, a repeater.
Cross-examined. The greater portion of this conversation took place in Ronald's Road—I was with Davidson, but was called out by Sergeant Smith, and was not there all the time—I wrote down the conversation—I am certain he said, "We burnt some papers"—Davidson does not say that he said, "We," either he or I must be wrong, but I am quite certain I am right—I do not think there was a race meeting at Winchester within three weeks or a month of his arrest—he was living with Hunt at 1, Princess Street, Winchester, for three weeks or a month—there was a race meeting at Brighton and Lewes at that time—Hunt had a cottage down there and a pony-trap—from the papers and books I found I do not think he made a book at Winchester, but he did at Brighton.
Re-examined. I am sure he said, "We"—when I went back I told him the names I knew him in—they left Brighton on May 6th; he says he came back on Whit Tuesday—I had retired, but I stayed on to oblige the Corporation—Hunt and he lived in the same cottage.
By the COURT. When they went away from Brighton Small had been arrested on May 2nd, and on May 6th Hunt closed his account, within 1s. or 2s., and went away—when they left Brighton, Sandiland was Marshall and Hunt was Cronin.
GUILTY .—Three other convictions were proved against Bangham. BANGHAM— Eight Years' Penal Servitude, and to pay£100 towards the expenses of the City Bank. MARSHALL— Five Years' Penal Servitude.
The COURT commended the officers DAVIDSON and WRIGHT.
THIRD COURT.—Thursday, July 25th, 1895.
Before Mr. Common Serjeant.
597. GEORGE MILLER, LEGER CARVELL GROOM , and ARTHUR WILLIAM WHITELAW , Unlawfully conspiring to cheat and defraud Edward Macdonald and another, and for obtaining by false pretences from Edward Macdonald and others spirits and money by false pretences with intent to defraud.
MR. MUIR, for the Prosecution, offered no evidence.
NOT GUILTY .
MR. HUTTON Prosecuted.
RICHARD GIDDINGS . I am a furrier at 100, Downham Road, Stoke Newington—I knew a girl, Maud Hastings, who lodged last year at the prisoner's house, which I used as a brothel; it was in Spring Gardens, a little turning past the Kingsland Road Station—I visited her three times, and gave her money each time—I made her acquaintance in August at the Mildmay Club, a dancing place—I went with her the next night to a brothel, and then found she lodged at the prisoner's, and I visited her there three times—I heard in January that she was enceints, about February or March her child was born—she said I was the father; I said it was impossible—I last visited her in January—in January the prisoner came to me at 100, Downham Road and said Maud was coming round to my place to show me up and tell my daughter all about it—that was after I had seen her for the last time—I was a widower then—I told him I would rather anything than that my daughter should know of my disgrace—he said "I can keep her away by threatening her about the man she has been living with, who I know of," and he said he was out of work and asked for a few shillings—I gave him 2s. and he left—I received a letter on the Wednesday that Mrs. Harbidge wanted to see me, and I went and saw the prisoner and his wife—he said "I have seen Maud and she has threatened to come down to your place in rags and show you up"—I said "You know very well she knows I am innocent of this; why do you want to trouble me like this, you are killing me. When you come round to my place like this, my daughter has to give me brandy in the night, my heart is affected"—his wife said he had got no work and would I give them a few shillings and they would keep the girl away from me by frightening her about this man she was living with—I put 9s. on the table and went away—between that interview and 14th June I repeatedly gave him and his wife money, a few shillings at a time, twice a week very often—I gave them about £5 in all, because he said that if I did he would keep Maud away from me, and that it cost him money to keep her away from coming round to show me up—on 14th June he came to my house, and into my parlour where I was at work—two men who came with him remained outside—I said to him, "How dare you come into my parlour; I am done with you, I give you no more money"—he said, "If you don't give me 28s. by eight o'clock to-night I will show you up, and to-morrow I will show you up in the City. When I am done with you I will have you in your box; me and my pals will wait for you outside"—I sent my boy for a policeman; when he found I was going to put him out he went out and ran away—he came again a week afterwards with another man—he tried to force his way in, but could not open the door—I said, "Go and fetch a policeman"—he stood outside waiting about till he saw the policeman, and then he ran, and the policeman ran after him—between January 7th and 14th June he had said it would be a great showing up for me, and it had cost him money to keep the girl quiet, and he wanted money—I was going to be married at this time—I got married three weeks ago to a lady who lived in the Downham Road, and with whom I was keeping company at this time; that was the reason I gave him money many times.
Cross-examined by the prisoner. I did not go to your house last July—I did not ask you the first time I came to your house to come on the tram
with me; it was in February you came on the tram with me to get a sovereign from me, and that was the only time—I did not pay for whisky in your house—I did not go to your house on June 14th—I did not come to your house on a bicycle to ask if you had seen anything of Maud—I gave your wife a pair of trousers and a coat; she begged me to get you work, as you had not had any for four and a half years—she came to my house and asked me to give her 10s.—I did not say I would give you 5s. if you found out the church at which Maud was going to be married—on June 1st you came to my place intoxicated, and I gave you 5s. to get rid of you—you came to me on June 3rd—you did not tell me where she was going to be married—I went with you to the church to see her married—I did not say, "Now this is all over you have been a friend to me; I promised you £3; I have given you 32s. in all, I have got to give you another 28s.; will you come up to the London and County Bank and I will pay you the other 28s. I promised you?"—I did not promise you £3 if she was married—you threatened me and I had no money to give you, and I had to promise you anything—you asked me to give you money to start you in work, and I did it out of pity for you—when I came out of the bank I said, "Get out of the City; here is a sovereign for you; don't disgrace me any more"—on the 14th you came and demanded money, and banged the table.
DAVID ELSBACH . I am a furrier, living at 81, St. Mark's Square, Dalston—on 14th June I was at 100, Downham Road, when the prisoner came and said to the prosecutor, "Give me £1 8s; I will give you to eight o'clock; if it is not paid then I will show you up all over the City. I have a lot of pals, and I tell you you will find yourself in a box"—I saw the prosecutor's son go for a policeman, and then the prisoner went away.
Cross-examined by the prisoner. I was with Mr. Giddings, and I opened the door for you—ten days after I opened the door to you and said, "Mr. Giddings is engaged; he cannot see you"—and you went away.
ELLEN KNIGHT . I am married, and live at 14, Froom Street, Islington—on 14th June I was at the prosecutor's shop when the prisoner came and said, "If you don't bring me that 28s. by eight o'clock to-night I will expose you all over the City," and he knocked the table with his fist, and said, "If you are not at my house by eight o'clock with the 28s., I have some boys waiting outside and I will wait for you"—the son went for a policeman, and the prisoner went away just before the policeman came—I have seen him come to the house several times—I was one of the sewers for the prosecutor—the prosecutor seemed very much upset when the prisoner came.
ALFRED HELLYAR (310 J). At 12.15 on 24th June, I was on duty—I heard cries of "stop him"—I saw the prisoner running down Shepperton Road—I ran and stopped him—I took him back to 100, Downham Road, where the prosecutor charged him with obtaining money by menaces—I detained him, and he was charged and taken to the station—he said he was innocent.
Cross-examined. I asked you nothing; I said I should take you to the station.
Cross-examined. I came to live at your place at the end of last July—Your wife took me in, as I was without a home at that time—I went to work at a coffee-shop on 14th November—I gave your wife much more than 12s.—between the time I went to your place and November 14th the prosecutor paid me money sufficient for me to live—every time he gave money I gave it to you—I am sure I gave you over 30s.—you wanted me several times to go and ask the prosecutor for money, but I would not do so—I know nothing about June 14th.
Re-examined. I did not tell the prisoner that if the prosecutor did not give me money I would show him up all over the City—the prosecutor treated me very well—he always looked after me, and I always knew where to find him—since then I have been married, and my husband knows everything.
The prisoner in his statement before the Magistrate said that the prosecutor promised him £3 after the woman was confined, and that he paid him 32s. and gave his wife 5s., and he denied that he had ever threatened the prosecutor.
The prisoner called.
ELIZABETH HARBIDGE . The prosecutor came to my father's place, and said "I know you can get me out of this scrape, and if you get me out of it I will give you £3. Come to the City; I will give you £1 now, and the other £2 I will give in a fortnight's time"—I don't know how long this was ago—the prosecutor gave my father some clothes—he has come and asked my father to go out with him, and he has come back with him—the prosecutor has stopped at our house for a long time.
The prisoner in his defence said that he never asked the prosecutor for a penny, but that he said he would make him a present, and gave him money of his own accord; that he had done dirty work for the prosecutor, who, now that the woman was married, wanted to cut him off.
GUILTY .—HELLYAR stated that he could not ascertain that the prisoner had done any work for the last four and a half years, and that the house he had previously lived in was apparently a brothel.— Three Years' Penal Servitude.
OLD COURT.—Friday, July 26th, and three Following Days.
Before Mr. Justice Collins.
Second Count, for feloniously uttering the same with the like intent.
MR. BESLEY, Q. C., with MR. C. F. GILL Prosecuted, MR. WILLIS, Q. C., with MR. LYNCH appeared for Pleydell; MESSRS. HORACE AVORY and BIRON for Beaumont, and SIR F. LOCKWOOD, Q. C., and MR. ROOTH for Carr.
FREDERICK CHARLES ALLEN . I am landlord of the King John's Head public-house in Southwark Street—I know Beaumont—at the end of 1892, 1893, and 1894 he was living at the Star Hotel, 3, Albion Place, Blackfriars—he was frequently in the habit of using my house, and spent a good deal of time there, and had his meals there—I gave him a reference
to my bankers, the Blackfriars Branch of the London and Midland Bank—while at my house he mentioned the names of persons he was going to see; one named John Carr, who lived in Gordon Square, close to St. Pancras Licensing Court—he spoke of going to see Carr once or twice in the evening time—I remember on one occasion, in 1894, his going away for about a fortnight; he said he had been to Rome—Pleydell came to lunch at my place once; at least I was told so by Beaumont—I do not remember seeing him there; Beaumont told me that he came there to lunch with him; that he did not stay above a moment; and that he went away without having any lunch—Beaumont was arrested outside my house; the detectives came there—after his arrest, while he was at Holloway I received some letters from him—these (produced) are his writing. One of these, dated 26th April, 1895, was read as follows: "DEAR ALLEN,—The storm has burst at last, and what I regret most is that I departed from my principle for the first time, never to entertain intimate relations with people in a respectable position. Of course I entered your house as a mere matter of business, and there, to my present sorrow, I found a social circle, the charm of which seduced me from my duty. I am deeply grieved for the wrong I have done you, and if you can forgive me I can never forgive myself. I am heartbroken over its effect on you. It came so unexpected and sudden, and Pa knew all about it a fortnight ago, and never told me a word. About the opinions of the Kinnells and the others I am not much concerned, and Bourne won't feel hurt in the least; but Jimmy the Butcher will have such a terrible gig at you, and if you introduce another stranger to him, 'What! he will cry, another old toff.' Oh! it won't bear thinking about. Your dear lady I presume not to address, I dare not. Oh, how disgusted she must be, and so unfortunate. If I had only lasted another six weeks I should have lived and died in the odour of sanctity. Did Pleydell's little sister call on you, and did you do what she asked you? 'I sent her?' Of course you have divined those two men that came into the bar were the two Yardmen on the case, one of them pulled out a gun and threatened to shoot me. I do not know what for I am sure. I want you to do a few little things for me, but if you refuse to hold any further communication you will be quite justified, and I shall not blame you. I want you to go to the Star and see if they have taken away my room from me, and what they have done with my things! I suppose they have burst open my bag without taking the trouble to look for the key. If my room still remains to me tell them to send the bill on to you every Monday, and you will pay it. You can put it down to my account. I pay 10s. 6d. for the room, and tell them if I send anybody for clothes to let them have it. And now once more offering my humblest apologies for what I, being a crook, have done to you; for although crook, I am not a wrong 'un. You might leave your cellar piled up with sovs, and I would not touch one. I conclude, yours, in deep penitence. N. B.—All letters in and out are read.—F. A. B." Pleydell's sister had called. I had never seen Pleydell or Carr.
Cross-examined by MR. WILLIS. I did not know Pleydell at all—I had known Beaumont more than two years at the time of his arrest—I had never seen Pleydell with Beaumont that I know of—I did not know him till after these proceedings were taken; nor his sister, till she called on in—she
said the came from Beaumont—it was about quite a private matter between me and Beaumont.
Cross-examined by MR. AVORY. Traphagen is the landlord of the Star—his daughters call him "Pa"—it was about the autumn of 1894 that I first heard Beaumont mention a person named Carr.
Cross-examined by SIR FRANK LOCKWOOD. I never saw Carr till at Bow Street.
Re-examined. I have children—they call me "Pa."
LOUIS TRAPHAGEN . I keep the Star Temperance Hotel, Blackfriars—Beaumont occupied a bedroom there for some time—I did not know what his occupation was—he used to go to Gordon Square—Pleydell used I to come and see Beaumont—in 1893 Beaumont went to Eastbourne for his holiday—I remember the detectives coming to my place—Beaumont was in the house, downstairs—after that he went away for a week—he returned in three or four days, and told me he had been to Spain, and had been travelling all the time, there and back, and had only slept one night while he was away—the detectives came again when he returned—they saw me, and took a statement from me—I don't remember what day it was that Beaumont went away—up to the time he was arrested he occupied the bedroom.
Cross-examined by MR. WILLIS. I only saw Pleydell twice, once in 1893, and once in 1894—I can't exactly say when it was.
Cross-examined by MR. AVORY. When Beaumont lived in my house he used to speak of me as "Pa"—my daughter called me "Pa," and he would naturally do the same—he was only away seven days altogether in 1894—it was in Midsummer, either the latter end of June or the beginning of July—I have no note to fix the time.
Cross-examined by SIR F. LOCKWOOD. I have never seen Carr before.
HARRY PLUMB . I am Chief Constable of the Borough Police at Eastbourne—I knew Pleydell in 1893—he was at Eastbourne carrying on a business as Walter Bond with Walter Jarvis, who died in that same year—I have seen Beaumont there with Bond while Jarvis was alive—I have never seen the three together.
Cross-examined by MR. WILLIS. I have never said before to-day that I had seen Bond in company with Beaumont at Eastbourne—I was not asked—I was first asked this morning—I had never given it in evidence; I may have said so, I believe, to Inspector Freeman—I mentioned it to him at Bow Street—I first saw Pleydell in Eastbourne in or about 1893—I didn't know he was carrying on business there in February, 1893, as a turf agent; he was carrying on business as a betting-man—I know there was a business of Jarvis, Bond, and another—there was a complaint about him, in April, I think it was, by a man named Doherty, that was by letter; and I think I had a personal interview with him—that business was carried on down to May, 1893—he could not carry it on after that—I raided his place, and took possession of all his books and things—I got him convicted—that was on 29th May, 1893—when I first knew him he was in Ivy Place, and afterwards in Collingwood Place—I think he left Eastbourne in June or July; he might have stayed there to the end of the year; he stayed at Monte Carlo in St. Mary's Road, Eastbourne, for a day or two, not permanently—I occasionally saw him—he was staying there from time to time, I can't say to the end of the year, it is quite possible—I
charged him under the Betting Act of 1883 with receiving money and keeping the place open.
WILLIAM FREDERICK BARTLETT . I am cashier at Molyneux Bank at Eastbourne—I know Pleydell by the name of Walter Bond—on July 7th, 1893, he opened an account there; it is now closed—on November 22nd, 1893, I received a communication from our London agents, Messrs. Williams, Deacon, and Co., in consequence of which I placed a sum of £300 to the credit of Bond, and a debit at the same time—I produce a certified copy of Bond's account with us.
WILLIAM AINSWORTH ABEL REEVE . The prisoner, John Carr, had an account with the London and Midland Bank, Tottenham Court Road Branch—I produce a certified copy of his account from May 3rd, 1893, to April 30th, 1895—on November 20th, 1893, I cashed a cheque for £200 on his account—it was paid in coin—this is his pass-book—it is debited in his pass-book in the name Pleydell.
Cross-examined by SIR F. LOCKWOOD. We do not keep our customers cheques—this account was opened as far back as December, 1888—it is a consecutive account from 1888 up to the present time—the cheques are put in the pocket of the pass-book and returned to the customer—this particular cheque was payable to the order of Pleydell—it was endorsed before presented—it does not follow that Pleydell presented it.
CLIFFORD HENRY ARTHUR HUTTON . I am a clerk at the Peckham Branch of the London and South Western Bank, and formerly of the Twickenham Branch—Pleydell had an account at that bank, a copy of which I produce—it was opened on September 22nd, 1893—this is his pass-book—on 20th November, 1893, he drew a cheque for £100 on that account, it was cashed in gold—I find the names of Carr and Beaumont in the account, here is a debit for Carr on 13th November, £100.
Cross-examined by MR. WILLIS. On the same day is an entry, "Beaumont loan, £5"—the account was opened with cash £1,000, on 22nd September—here is October 25th, "Carr £14 13s."; January 6th, "Betting £35;" 10th, "Beaumont, money lent £25;" January 19th, "Carr, £250" and £390; and May 24th, £110, and £450 betting transactions, etc.
Re-examined. When the pass-book left us there were none of the red ink mems. in it—we had nothing to do with them.
Cross-examined by MR. WILLIS. The official order in Pleydell's bankruptcy was made on the 6th February—he was declared bankrupt on 13th March—he gave me this banking book and too others—he furnished me with accounts and gave me the explanations I required—I finished with him about the 11th March—I wrote in the pass-book the answers he gave me—some related to his buying and selling jewellery, and gambling transactions—I inquired into those matters—I asked him the names of certain stockbrokers with whom he had transactions—he gave me freely the information I required—the entries in red ink are in respect of the particular items about which I asked him—the information came from him—I did not follow it up—I had not quite finished with him—I did not trace out
Bond's transactions—I had no knowledge at that time of the circular notes obtained from Messrs. Coutts—when I required further information he was arrested—the answers he gave me were about 11th March, a few days before or after that date.
JOHN HUDSON . I am a clerk in the correspondence department at Williams, Deacon and Co., Bankers, Birchin Lane; they do business with Molyneux, of Eastbourne—in 1893 Walter Bond came, I recognise him as Pleydell—I had seen him before—he said, "You know me"—I said, "Oh, yes"—he said, "I want you to get some circular notes for a friend of mine, Alfred Richardson"—knowing that he had an account I said we would get them and charge them to his account—he said, "Oh, that will be all right"—I took him to the cashier and handed him a paying-in slip, which he filled up for £300, and handed £300 in notes to our cashier—a communication was made by Messrs. Molyneux, of Eastbourne, and next day I applied to Messrs. Coutts—the document was signed at that time and handed to me to apply for the circular notes, which reached me on the afternoon of the 22nd—I did not personally hand them to the prisoner.
Cross-examined by MR. WILLIS. The cashier would make an entry in the cash book of the notes he received—our books would trace where we parted with them—they would go in a parcel—I don't think we keep the numbers.
WILLIAM HENRY WILDE . I am a clerk to Coutts and Co., bankers, of the Strand. I attend to the circular-note department—we have a number of correspondents on the Continent, to whom we issue circular notes—we issue at the same time a letter of indication, which has on it a list of all our correspondents in the foreign towns—the list varies from time to time and is corrected—all our letters of credit are printed by the same printers, who we have had for many years—we issue circular notes to our customers, and to strangers on the introduction of persons known to us—we also supply circular-notes through bankers without introduction—the first step necessary to getting a circular note is the filling up of a form of application—if the person is one of our customers there is no difficulty—on the back of each circular-note there is a bill of exchange signed by the person who pays the money—and our circular note cashed abroad comes afterwards to us in the ordinary course—on November 21st, 1893, this application (produced) came from Williams, Deacon, and Co. for fifteen circular notes, in the name of Alfred Richardson—these fifteen circular notes of £20 each (produced) were prepared on November 24th, with a letter of indication, and handed to Williams, Deacon, and Co's. clerk—they are all signed beforehand, and the name of the person is inserted by us—those fifteen notes came back to us in February—they being payable to Alfred Richardson, the bill of exchange was signed by him—they were all paid on February 15th, 17th, and 18th at Amsterdam, Rotterdam, and the Hague—the name of the payee is not filled in, these notes were never negotiated—they were not uttered in England at all, it is the custom to retain them till they get a certain number; of course our correspondents are entitled to draw a bill in one document, instead of negotiating seven, eight, or ten—they would put in their own name if they negotiated it, but as they drew a bill the bill had the requisite endorsement on it—this one which the Bank of
Rotterdam put in, as the payee, would not require the endorsement of the Bank of Rotterdam, because they would draw a bill and negotiate that in lieu of it—the other has never been paid at all—if there is an endorsement that is a sufficient discharge; where it is not mentioned I have obtained the information from our correspondent—on December 7th, 1893, I got a personal application for two £50 circular notes in the name of Alfred Richardson—I produce the application form for them, signed in my presence—I believe the prisoner Pleydell to be the person who applied; he referred to the former notes issued to himself, and asked for additional £150, mentioning the name of Richardson—I referred to my Look and found I had issued notes to the amount of £300 in that name, and, being satisfied, I gave him these two £50 notes, payable to Alfred Richardson; one bears the date of February 17th, the other is undated, but it was cashed at the Hague on the 14th—the other came back to us; they were drawn for by a bill—on June 2nd, 1894, a man named Thomas Wray applied for twelve £50 circular notes—this is the application—he is not one of the prisoners—we required some introduction, as he was a perfect stranger to us, and he referred to his friend Richardson—I handed him these twelve circular notes, and he handed me in payment bank notes, value £525, and gold—the notes were paid into the Bank of England in a bundle as they came into our possession—on June 5th Wray came back and brought me the documents I had handed to him for the money—I had a conversation with him, and we handed him £600 in three £200 notes, numbered 27256-57 and 23381, dated Dec. 19, 1893—on June 14th I received from Williams, Deacon, and Co. another application for seven circular notes of £50 each, to be issued to Walter Bond—I produce the form of application—on the same day I sent Williams, Deacon, and Co. these seven notes for £50 (produced)—they bear upon them the name of "Walter Bond"—some of them came back in July on our applying for them—they came from agents in Ostend and Brussels—these seven notes purport to be £50 circular notes; but they are forgeries, both as to paper and in every respect—they are apparently identical in every way with the two £50 notes issued on December 5th—Demachy and Seilliere are agents of ours—the letter enclosing the notes reached us on July 21st in the condition in which they now are; it is dated the 20th—by the time it reached us on the 21st it was within my knowledge that there were forgeries of that kind being uttered—these two letters of indication reached us about the same time—they are dated July 10th, 1894, and are also forgeries—they are similar to the letters of indication we issued in November and December, 1893—they are of the two fifties and the £20 on December 7th—our letters of indication are altered several times by our altering a name, or something which makes it necessary—all our circular notes bear numbers, which vary according to the time they are applied for—in June, 1894, the £350 worth of notes applied for by Bond were numbered 40200 odd, and the numbers of the 65 circular notes are 40237 to 40247, so that the numbers on the forged notes would be about the right numbers—the same numbers are repeated in several instances—that is a thing which could not occur in the same year—we have a private mark, which has escaped the forger—we had not issued notes to Lee, Baker, Gay, Finlon, Hurst, or Morris, the persons named on the forged
notes—about 20th July we received a telegram from Barcelona and also from Avignon, and we communicated with our various correspondents and with Scotland Yard almost immediately—the inquiry was placed in the hands of Inspector Lily, who later on visited those places, and the matter was reported to us and placed in the hands of the Bankers' Association.
Cross-examined by MR. WILLIS. Our correspondents at Brussels were Messrs. Bolser and Co.—the only information we should receive that they had notes of ours was the presentation of the bill on July 27th, but they were cashed on June 27th, and two or three at Ostend on the 28th—in both those cases they drew on us at one month, and they negotiated the bill, not the notes—I had two interviews with Wray in December, the man I believed to be Pleydell—I see a great many persons in business, and attend to them as quickly as I can—I only once saw the man who called himself Richardson—I carried out the whole transaction myself, and drew up the circular notes and took the money—I have a very good recollection of the person—I may have said at the police-court that I had a slight recollection of the person—I daresay I said, "slight," I believe I did—I saw him at the police-court and looked at him, and my memory was strengthened—I said, "I have a slight recollection, I believe it to be Pleydell"—I have examined the writing on the slip he wrote in my presence; I have not seen Pleydell's genuine writing, and have not compared one with the other—there is not much resemblance between this "Walter Bond," and this slip signed in my presence—our customers do not have two names—I should not think these are the same writing—the £50 notes issued to Wray in June were 40188 to 40199—we had not issued many £50 notes between 2nd June and the end of June, not so many as usual; perhaps we issued 20—sometimes circular notes are lost or mislaid, and do not return to us at all—the form of this note, and the signature could be got from almost any of the circular notes issued by my firm within a year or two years, and the letter of indication the same—the letter of indication in issue between November and December was not the same as that in issue between January and June—it might have been altered three times between those dates—the alterations are in the omission of the names of some agents, and the additions of others, or the alteration of the names of certain firms—the face of the circular notes has not been altered for the last twenty years, since the beginning of the issue—circular notes are issued by other bankers besides Coutts and Co.
Cross-examined by MR. AVORY. We never honoured any of these seven forged notes—they were sent to us as genuine documents for the credit, of the account—no bills were drawn; the notes themselves were in some instances remitted to us for the credit of the account of the person who paid them, and as vouchers merely, showing that they have paid the money on our account—they were sent to us as so many bills at seven days' sight for the credit of the correspondent who had paid them; they would be merely vouchers; we should require no other vouchers—I cannot say that the general practice among all our agents is to draw upon us for the amount of circular notes they have honoured; a great many of them honour the notes themselves; it one or two are cashed by a correspondent it is less trouble to endorse and cash them, but if he has a dozen it is better to put
it into one bill so as to simplify matters; and so quite as many notes come in themselves as bills representing notes.
Re-examined. When I first saw Pleydell in the dock my impression about him was not very good, because I had not taken much notice of him, when it occurred some time before, as it was an ordinary transaction, but a glance of recognition from him strengthened my opinion about him, and since then I have become more and more certain in my mind; so that now, although I may have said that at that time my recollection was slight, I am perfectly sure now as to his identity—he wrote this letter of—December 7th, 1894 (Requesting Messrs. Coutts and Co. to furnish circular notes for£100, payable to Alfred Richardson), and added the name and address "Alfred Richardson, 17, Crookham Road"—we only order a certain number of letters of indication at a time, and during the period we are using those we register any alterations in our books, and as soon as we have come to the end of the particular lot of letters of indication in use we order fresh ones with the corrections, so that we use all up as we go along—only the letters of indication are altered—the circular notes only vary in their numbers—on the genuine ones I recognise our private marks—these notes are endorsed Hurst and Co. (MR. WATT translated a letter of July 20th, which the COURT ruled was admissible after MR. AVORY'S cross-examination, to the effect that they confirmed letters of yesterday, and enclosed eight circular notes for£800, endorsed A. Hurst, for which credit should be given)—those notes were remitted for credit; there would be no occasion to draw as well; the account was in their favour; they would draw on us in the ordinary way, not specially for those notes—they have a current account with us, they remit us from day to day drafts and circular notes paid by them, and we pass them to their credit, and they draw on us from time to time as their requirements need; it is an ordinary current account with us as their bankers; it is not our account with them—these notes would go to their credit, on the assumption they were genuine, just an a good bill of exchange would—if there was any balance to their credit they would draw an ordinary cheque on us, payable on demand.
By the COURT. I call it a voucher, as it simply shows they had paid a certain sum to the holder of the circular note—if they had been genuine documents, and there had been no cross account, and we had not paid them the £100, they could have sued us on the general balance into which the £400 would have been merged.
JOHN LEIGH NISSON . I am a member of the firm of Nisson and Arnold, stationers, of Fenchurch Street—we have for many years produced these circular-notes from copper-plates, which we keep in our possession—these documents purporting to be circular notes for £50 each are not printed from Messrs. Coutts and Co.'s plates—they have no watermark, but an imitation of one, which could be removed from the forged note—they are not printed on the same paper on which we produce the notes; our paper is made in double sheets, and it is divided to make two—the forged notes are produced on paper four times the size at least—there are many differences in the engraving of the forged notes; the firm's private mark is not on them, it is on the genuine notes—we print the genuine letters of indication—these two were not printed by us, they are imitations of ours,
with some mistakes—this is a copy of one printed in October, 1893—the next edition was printed in December, 1893, so that subsequent to December, 1893, this would not be accurate—we number the notes consecutively, and never put the same number on two notes—all these 65 notes are of the same appearance exactly, and are produced from the same forme.
BERNARD HERRING . I am in the employment of Williams, Deacon and Co.—about 22nd November, 1893, Pleydell came there—I cannot remember the day, but I remember him—I handed him circular notes of the value of £300 and a letter of indication; I drew out this receipt, which he signed in my presence.
C. H. A. HUTTON (Re-called by MR. GILL). On 7th December, 1893, £100 was paid into Pleydell's account by a number of £25 notes through our head office—I gave him credit for it, and the same day he drew a cheque for £100 on our bank; the money was taken in gold.
Cross-examined by MR. WILLIS. He has taken money in gold at other times for cheques he had cashed; I could not say in what amounts—I have no knowledge myself of what day the £100 cheque was paid in to the head office, or in what form.
Re-examined. It was put to his account on 7th December—on 21st February, 1894, Pleydell paid into his account notes to the amount of £360; among them were two for £100 each, Nos. 00793 and 00794, dated 18th December, 1893; two £50 notes, Nos. 92, 253 and 74, 706, dated 17th March, 1893; and five £10 notes, 41, 387 to 41, 391, dated 11th December, 1893—on 1st June a cheque was drawn on his account to self for £675; that was paid in five £100 notes, 79284 to 79287 and 71247, dated 18th December, 1893; two £50 notes, 75679 and 75680, dated 17th November, 1893; seven £10 notes, 44459 to 44465, dated 1st January, 1894; and a £5 note, 87557, dated 28th March, 1894—on 6th June a cheque was drawn on his account for £450 in the name of Carr, as appears from the pass-book.
W. F. BARTLETT (Re-called). On 13th June, 1894, Pleydell called at our bank at Eastbourne, and gave instructions to apply to Williams, Deacon and Co for £350 worth of £50 circular notes—I understood that he would call at Williams, Deacon and Co. for them—I communicated with Williams, Deacon and Co. his order.
WILLIAM REEVE (Re-called). On 29th May, 1894, Carr drew a cheque in favour of himself for £800, which was cashed in three £100 notes, numbers 82967, 82968 and 83000, dated 18th December, 1893; five £50 notes, 78602, 82795, 92796, 82526 and 82527, dated 17th November, 1893; twelve £20 notes, 68743 to 68746, 72393, 72397, 72414 to 72421, all dated 5th January, 1894; and one £10 note, 14463, dated 2nd January, 1894—on 4th June, 1894, Carr paid into his account £467 1s. 8d., which included a cheque for £450 on the Walham Green Branch of the London and South-Western Bank, and a cheque for £12 1s. 8d. on Parr's Bank, Clapham Branch, and a cheque for £5—on 1st June, 1894, two £10 notes, Nos. 44459 and 44460, dated 1st January 1894, were paid into John Carr's account—Cartmell and Schlitte, a firm of money-changers, have an account at our Shaftesbury Avenue Branch—on 19th February, 1894, they cashed a cheque with us for £350, drawn by themselves, and received three £100 notes, 00793 and 00794, dated 18th December, 1893; and 94969, dated 18th February, 1893, and a £50
note, 94706, 17th March, 1893—in June, 1894, John Grumley had an account at our bank—on 12th June, 1894, I issued to him in exchange for gold a £100 note, 86788, 18th December, 1893—Mr. Brabbington, a pawnbroker, has an account at our Shaftesbury Avenue Branch—on 1st June, 1894, I gave him gold for notes to the amount of £250; there was a £100 note, 71247, 18th December, 1893; two £50 notes, 75679 and 75680, 17th November, 1893; and five £10 notes, 44461 to 44465, 1st January, 1894.
Cross-examined by SIR F. LOCKWOOD. I cannot say who drew the cheque for £450 paid in by Carr on 4th June, 1894; it was drawn on the London and South-Western Bank, Walham Green Branch.
THOMAS ROBERT BERKELEY APPS . I am a solicitor at 7, South Square, Gray's Inn—Walter Jarvis, who is now dead, introduced me to a man named Palmer, and in consequence of his instructions I attended at the Foreign Office on two occasions, and applied for two passports for Edward Groves and James Gordon—I know nothing about those persons. (Sir F. Lockwood objected that no evidence had been given which laid a foundation to make what passed between Palmer and the witness evidence. Mr. Gill submitted that the evidence was admissible, as he had proved that the witness knew Jarvis, and that Pleydell, in the name of Bond, was connected with Jarvis, and that he could ask the witness whether Jarvis introduced him to Palmer, after which Palmer applied for the passports. THE COURT ruled that the evidence was not sufficiently connected with the prisoners for it to be admissible.)
FREDERICK DE BERNHARDT . I have charge of the Passport Department of the Foreign Office. (Sir F. Lockwood objected, upon similar grounds, to this evidence, and the COURT ruled that it was inadmissible.)
DONALD SUTHERLAND SWANSON (Police Inspector). I received these two papers from Superintendent Shaw; I knew they came from the Foreign Office—I went with Brockwell to see Carr at 21, Gordon Street, on January 25th, 1894—I met Carr at the door; he knew me—I told him I wanted to see him about a matter about which I was inquiring—he went with me and Brockwell into an inner room at 21, Gordon Street—I told him the object of my visit was about an application to the Foreign Office for two passports, and that the application had his address upon it—I asked him would he kindly tell me who Groves and Gordon, applying for the passports, were, and whether they lived at his address—he said he knew them, they did not reside there—I asked him how he was to deliver the passports to them if they were sent to him—his reply was that as they called occasionally he would hand them to them—I asked him whether he would tell me whether the passports were for any legitimate purpose or not—he told me he thought I was acting both the magistrate and the clerk too, and that he would not answer me any further—I never saw him again—I cannot remember distinctly anything else that was said—I made a report the same day.
GEORGE CHILVERS . I am employed at the Winchester Safe Deposit, Winchester House, Old Broad Street—I know Carr in the name of John Osborn , of 29, Manchester Street—he leased a safe with us—I produce the counterpart of the lease, signed John Osborn.
Cross-examined by SIR F. LOCKWOOD. I cannot remember when the
safe was taken, the document is dated 7th September, 1888—he had the safe continually from that time.
WALTER DINNIE (City Police Inspector). I arrested Carr on this charge on 23rd April last, and took possession of his papers, including about thirty cheques on the branch of the Midland Bank where he had an account, also a diary and loose sheets with writing on them, and a cash-book—I also got from him these two receipts—they were afterwards all handed to Messrs. Mullens and Bosanquet, the solicitors for the prosecution.
THOMAS HENRY GURRIN . I am an expert in handwriting—I have studied it for many years, and have had very considerable experience—I was instructed by Messrs. Mullens and Bosanquet to make comparison of the handwriting of documents that were submitted to me; amongst them two documents signed E. Groves and James Gordon; also with hand-writing alleged to be that of Carr and Beaumont—I made an examination of the signatures to these two application forms in the names of Groves and Gordon, and compared them with the writing of Carr and Beaumont, and I believe the signature "James Gordon" to be in Carr's writing—for the purpose of my examination I had cheques signed by Carr, the signature of "John Osborn," the diary, cash-book, and loose leaves, and this letter of 27th June, 1893, and the word "Gordon"—with those materials for comparison that is the opinion I have formed.
Cross-examined by SIR F. LOCKWOOD. There are several points in the letter of 27th June; the head of the "J" in the signature "J. Carr" is rather characteristic in the proved writing, it is rather short, some persons make it long and some short—I think it is marked in this particular case—most of the "J's" I have seen in Carr's writing are very short—that is one of the things that assists me in forming my opinion—I do not attach much importance to that alone, the evidence is cumulative; there is the slope and shape of the letter in "Gordon," and I compare that with another in the letter of 7th March, 1895, and there in "dear," in another, and the in "Gordon "; of course, the letters are not all alike, there are differences, but the similarity strikes me—I had not seen the thirty cheques or the diary before—I have noticed the a in the "James" on the receipt—I find a similarity between that a and the a in the admitted handwriting—in my first examination I had not sufficient to enable me to form a definite opinion, and I so stated at the end of my examination—the Magistrate put several sentences to me as explanatory of my evidence, merely summarising what I had stated, such as "You think it very likely you are right," and those remarks were taken down more or less accurately by the clerk; but the observations were not mine—I am as certain of my opinion as I can morally be—I signed my deposition containing those statements; I did not think it worth while to take exception to them—I point to the similarity of the a in "James," and also the a in "able," and the a in "Carr" as well—it is very difficult to express what certainty is with regard to expert opinion—I don't think I am entitled to say I am certain of anything which I cannot swear to; I am expressing a belief, not a certainty; I did not see the prisoner write—the "a" bears a certain resemblance to a "u," but it would not strike me so.
By MR. GILL. I never speak to anything but to the best of my belief—I
had specimens of the Groves writing in three letters from Holloway—I have here a tracing of the name "Groves" in the letter of application—I take the letters one by one from the admitted writing of Beaumont, and I find in the "E. Groves" an agreement so marked as to lead me to the belief that they are written by the same person.
Cross-examined by MR. BIRON. I selected certain isolated letters with a view of discovering a resemblance—I saw some of them formed differently, although not exactly alike, they might have been written by the same person—in the word "Groves" I did not take "es's" separately—I compared the "es" together, and found seven similarities; I do not admit that they are many dissimilarities; some letters are not so marked as others, but they have their characteristic features.
FREDERICK DE BERNHARDT (Re-called). These two papers came into my hands in the Foreign Office—I forwarded them to Scotland Yard; they were then I believe in the same state as they are now—after some time the application was not pressed, and I did not grant a passport. (The application certified that James Gordon was a fit and proper person to travel on the Continent, and required a passport.)
T. H. GURRIN (continued). I had a genuine specimen of Beaumont's writing—the Holloway letter and fifteen £20 circular notes were submitted to me, payable to Alfred Richardson, with his endorsement—I have examined the signatures on the back of these twenty circular notes, and believe this Alfred Richardson was written by the prisoner Beaumont—I have also examined the signature, "A. Richardson," and believe it is Beaumont's writing, and also the signature "A. Richardson" on the back of two £50 circular notes, dated December 7th—the signature "Arthur Lee" on the forged circular note is in Beaumont's writing—I have compared this cheque drawn to Mr. H. Morrell, and endorsed H. Morrell, with the writing of Henry Morris on a forged circular note, and in my opinion they are the writing of the same person—I have examined the writing of a memorandum with the name and address of Sims on it, and a piece of paper with the name and address of George Gray, and there are such similarities as warrant me in entertaining a strong suspicion that they are the same—the "George Gray" on the back of some of the forged circular notes appears to me to be the same as on the slips—I believe ex hibit 10, the paper with the name and address on it, and also the paper with the name John W. Butler on it were written by the same person ten of the forged notes have the name of John W. Butler, and some of them in my opinion are in the same writing as exhibit 10 in the name and address.
Cross-examined by SIR F. LOCKWOOD. I said that there were similarities such as to warrant me in having a suspicion that these two were written by the same person, but I cannot say who—I think I compared the endorsement on the cheque; I read the name H. Monell or Morrell; it looks like an "n"—I do not suggest that the H. Monell is in Carr's writing, it has not been put to me—I do not suggest that the writing on the front and the back are the same.
Cross-examined by MR. BIRON. I could see on examination that the fifteen circular notes were forged—I cannot say that I examined them—the letters from Holloway were written by Beaumont, but I did not know that I had to investigate whether they were in the same writing as the
forged notes; the materials were placed before me, and I was asked whether they were the same or not—I looked for certain similarities and found them—I only gave you my opinion—I may be mistaken; experts have differed with me—it is not uncommon to find one expert giving evidence on one side and one on the other, and I believe they both give reasons—a document is submitted to an expert and another document with it, and, supposing an expert is called on the other side, he would compare the two documents—expert A arrives at an opinion by discovering certain similarities, and the expert on the other side discovers certain dissimilarities—the two experts come into Court, but the judgment of one must be very much at fault, but in many cases they agree—I have been giving evidence as an expert nearly eleven years—I only remember that Juries differed from me once.
JOHN HUDSON (re-examined). On June 14th Walter Bond came to me at Williams, Deacons from Messrs. Molineux, of Eastbourne, and said, "I want seven fifties"—they were applied for at Messrs. Coutts'—this is the order; it is in my writing—I did not hand him the bonds.
BERNHARD HERRING (re-examined). Pleydell came for £360 worth of circular notes; they were obtained from Messrs. Coutts and handed to him—he gave me this receipt for them (signed "Walter Bond")—it was all written by him, except the date.
W. A. REEVE (re-examined). I find in Carr's account on 15th August, 1894, a payment in of £1, 731 1s. 10d.—in Oarr's paying-in book there is at the top "W. Bond"—Carr made that entry; we should take no notice of it; it was no part of the instructions to us—on 4th June, 1894, there was a payment into Carr's account of £467 1s. 8d.—in the paying-in-book of that day it is described as "4th June, Ellis, £17 1s. 8d., and Pleydell, £450"—on 19th October, 1894, I find a debit of £500 in Carr's account, and in the pass-book that £500 is debited to Carr as a payment to Pleydell.
THOMAS GEORGE CARTMELL . I am a partner in the firm of Cartmell and Schlitte, money-changers, at 84, Shaftesbury Avenue—I knew all the prisoners—I bank at the Shaftesbury Branch of the London and Midland Bank—on 19th February, 1894, I changed 4, 560 florins, Dutch, into £370 10s. for, I believe, Beaumont—we keep no record of the persons to whom we pay notes—on that 19th February Reeve cashed a cheque for £350 in notes for our firm—on 12th June, 1894, Beaumont came with this £200 note, 27257; I got him to write his name on the back—he asked for smaller notes for it, and I did so—on 29th May I have an entry in my book of Carr's changing English notes into French money at our place—I did not say I did not put the names of persons for whom we gave change in our book; I meant, we keep no record of the notes we give out—I have no record of the person in whose favour we change money; we keep a record of the English money that comes into our possession, but not of that which goes out—Carr changed with us for French money £140 in English notes, a £100 note, 83000, of 18th December, 1893, and two £20 notes, 74520 and 74521 of 5th January, 1894.
Cross-examined by MR. BIRON. We change money for people going abroad, or on their return—I have known Beaumont for a considerable time, a long time prior to 1893 and 1894—during that time he has
changed money at our office from time to time—I could not swear to the person who changed the Dutch money.
HENRY ANDROS . I am in the employment of Mr. Reinhardt, a foreign money-changer, at Coventry Street—I know Carr has done business with him—Pleydell had an account with us—we also change English notes—we sometimes make a charge for that, but not to customers—we should not make a charge to Pleydell—Pleydell's address was 17, Crookham Road, Fulham, S.W.—I knew him as Pleydell—on 1st June, 1894, I changed four £100 notes into gold for Pleydell—we banked then at the National Provincial Bank, and on the same day we paid in there those four £500 notes—on 16th June, 1894, we changed this £200 note, 27256, dated 19th December, 1893—I never saw that note before—I cannot say for whom we changed it—we usually stamp a note we change—our stamp is on it, and it bears the date 16th June—Mr. Reinhardt is not now at the office, and I have no idea where he is—Pleydell was a customer, and we should make no charge to him—I cannot say if we made a charge for this note—no charge was made for it; if there had been there would be an entry, and there is no entry—I have the book here—there are several customers besides Pleydell for whom we change notes without a charge, no matter how large the amount—there were other customers besides Pleydell for whom we were in the habit of changing notes for as large amounts as £500—this case was not by any means the first in which I had given evidence before the Magistrate—I said before the Magistrate, "We change notes of such amount for no other person but Pleydell without charging"—that was a misunderstanding; it may have been copied wrongly—Reinhardt was in England at that time—I got flurried and made a wrong statement—our shop is not shut up now—our bank at that time was the Piccadilly Branch of the National Provincial Bank—the note stamped 16th June, 1894, was paid in to that bank the day we received it—I cannot say anything about that note; I have not seen it before—I saw it at the Police-court—I said there twice it might have come from Pleydell, and then I said I believed it came from Pleydell; it was drawn out of me, as it were—as it has been traced to Pleydell, it made me think so—I cannot say if I still believe it came from Pleydell—I have not changed my mind, since I gave evidence before the Magistrate—I said before the Magistrate, "The note produced may have come from Pleydell; I believe it did, "because it had been traced—I believed it then, and I do now as a matter of fact; I have not changed my mind, as it has been traced to him—I cannot say I believe now it came from Pleydell; I cannot say who it came from—I have not changed my mind since I gave evidence before the Magistrate—I have no entry of the name of Carr on 29th May, 1894—on that date I gave 7, 500 francs in exchange for English notes—I had not sufficient French money in my possession for the transaction—I have an entry here with the name of Mr. Card—it is so long ago I cannot say for whom I changed the notes into French money—Carr has been our customer for some years, I believe, and has had many transactions with us—I cannot say who the person was I entered in the books as Card—I sent to the Credit Lyonnaise and to Hans and Co., for some of the money, I believe—I said at the police-court that I made a mistake and put Card, instead of Carr
we have a customer Card as well as Carr—I said before the Magistrate I should think Card would be the prisoner Carr, and that Card was the same as Carr—I know Carr well—I can only go by what the book says—I may have made a mistake—I am not of the same belief now that Card was the same as Carr—I said before the Magistrate, "I believe it was Carr, but I put it in the book as Card. I don't know any customer named Card"—that was true—that is what I said—Carr has been a customer for a great number of years—I knew Pleydell as Pleydell and as Bond.
Cross-examined by MR. WILLIS. When this note was put into my hands at Bow Street I said I did not remember seeing it before—I do not remember seeing it before—I had no memory of any transaction in respect of it—we had customers whom we did not charge for changing large amounts; I could give their names—I came to the conclusion that the note might have come from Pleydell, because Inspector Dinnie told me it had been traced to Pleydell; but I had no knowledge of that fact in any way.
Cross-examined by SIR F. LOCKWOOD. I have no recollection of who brought me the money which was changed into 7, 500 francs—Mr. Gill conducted my examination at Bow Street, and the Magistrate had a turn now and then—I said I had had other transactions with Card and with Carr—they are two different persons.
Re-examined. Card very often comes in—I cannot say when I saw him last; I have an entry here in June—I told you I had no customer named Card, but on referring to the book I found there was a customer named Card—I am not carrying on this business myself now—I have no idea where Reinhardt is.
HERBERT JAMES GARMAIN . I am a clerk in the employ of the Credit Lyonnaise, West End Branch—on August 29th, 1894, I supplied Reinhardt and Co. with 5, 000 francs in exchange for English money, which was paid into the Union Bank, Charing Cross Branch.
WALTER GURNER .—I am a clerk in the Charing Cross branch of the Union Bank—the Credit Lyonnaise, West End Branch, has an account there—on 29th May, 1894, they paid in a sum of money, including two £100 notes, 82967 and 82968, of 18th December, 1893.
WILLIAM ERNEST FARR .—I am a clerk in the employment of Hans and Co., money-changers, at 16, Strand—on 29th May I supplied Rheinhardt with 2,000 frs. (French) in exchange for English money—we have an account at the Consolidated Bank, and we pay in money there to our account—on the same day we supplied some other person with 4,000 frs. in French money.
FRANCESCO BONNINT .—I am secretary at the Hotel National, Barcelona—on July 19th, 1894, about 11 a. m., the prisoner Beaumont came—the train arriving there at 11 a. m. would leave Paris on the 18th—he gave his name Arthur Lee and took a room—when he had washed himself he asked me to direct him to the bankers, Gerona—I told him, and he went out—in the afternoon a clerk from Gerona's came and spoke to me, and afterwards the cashier, who I took into the reading-room where the prisoner was—I acted as interpreter to explain to the prisoner—the cashier asked me to lay that he had paid four cheques of £50 each, and that that payment was wrong because
he did not know him, and that the best thing was to send a telegram to Coutts', to see whether the cheques were right—the prisoner said that he could not wait, because he left at five o'clock next morning—the cashier said "Pay back the money and return the cheques," and the prisoner put the money down and took the four £50 cheques, but I did not see them—that was about 5 p. m.—he said that he should complain to Coutts and Co.—he appeared angry—the money he returned was Spanish money—he was called next morning at four o'clock, and took the train at five—that would go to Paris, and would pass Nimes and Avignon on the way.
Cross-examined by MR. AVORY. I remember that it was July 19th—I do not remember who came to the hotel on the 18th or on the 20th; he was the only one who left by the 5 a. m. train—there was another train at 1.45—he must go by one or the other—there are eighty rooms in the hotel; it is not generally full; sometimes there are thirty and sometimes eighty—I had never seen this man before—I was first asked if I could identify him about three weeks afterwards, when Inspector Dinnie came out to Barcelona—he brought with him twenty or thirty photographs of men, and some cheques—I did not recognise any of them the first time, but afterwards I did—Inspector Dinnie was at the hotel one whole day; he stayed for the night—I next saw the prisoner at Bow Street—I knew he was charged with forging these notes—I interpreted the conversation between the hank manager and the prisoner—the man told the manager he was going to leave Barcelona at 5 a. m.—there was no secret about it.
Re-examined. I see a good many people at the hotel—when I came to England I was shown some men, and picked this man out.
By the COURT. The prisoner arrived at 11 a. m. by the omnibus from the railway station—the train came from many places—I do not remember any labels on his luggage—when he left he said he was going to France—he did not say where he had come from when he arrived.
JOSEPH CORONAS (interpreted). I am secretary to Gerona's, the bankers at Barcelona—Monsieur Cassonella is their cashier—on July 19th, 1894, a man came to change four £50 circular notes of Coutts and Co.—Monsieur Cassonella handed them to me to examine—I did so, and compared them with other genuine notes which we had, and believed them to be good—the middle prisoner is the man—he gave the name of Arthur Lee, which he signed in Monsieur Cassonella's presence and mine—a passport was asked for—I did not see the letter of indication which he produced, but I went out with it to another house to compare them, after which 6, 000 and odd piastres were given—after he left Monsieur Cassonella and I went on to the balcony, not with the intention of watching him, but we saw him—Monsieur Cassonella afterwards went to the hotel, taking the four circular notes with him, and came back with the Spanish money—I telegraphed that day to Messrs. Coutts and Co., and got an answer next morning.
Cross-examined by MR. AVORY. This is the first time I have been called as a witness—I first saw the prisoner and identified him yesterday afternoon in this Court in the dock—Inspector Dinnie came to see me at Barcelona—he did not arrange for me to come as a witness, I have only come because Monsieur Cassonella is ill, and I was present at the transaction, and know the prisoner—Monsieur Cassonella told me he had no money to
change the circular notes when they were brought—it was about 5 p. m. when they were cashed, and I only saw him on that occasion, and in the street—Monsieur Cassonella came over here and gave evidence and returned home, he was ill when he got back.
EUGENE AUBERT (interpreted). I am cashier to Toomes, Freres, of Avignon—on 21st July, 1894, the middle prisoner came to cash these two circular notes for £50 each (produced)—he had many others in his possession—he had presented at the same time a letter of introduction—I found the name of Arthur Lee on the back of the two notes—the signature on the back of the notes corresponded with the letter of introduction—I paid him in French notes—I forwarded the notes to Messrs. Coutts, and handed back the letter of introduction to the prisoner—I came to London in May and identified him from among other men.
Cross-examined by MR. AVORY. Mr. Dinnie and Mr. Sexton took me to see the prisoner in prison about May 27th—I had never seen the man who came with the circular notes to Avignon, he was in the bank at most three minutes.
CLAM E. PITSEN (interpreted), I am employed at the bank of Demachy and Seilluere, who are correspondents of Messrs. Coutts—on July 20th these seven circular notes of £50 each (produced) were presented and honoured, and they were afterwards forwarded to Messrs. Coutts with this letter.
Cross-examined by MR. AVORY. I cannot say that I see the man here who presented the notes—I saw a man who I thought was he at Bow Street Police-court—I cannot say whether his name was Piper—I do not see him here—he was in custody at Bow Street—I do not know how he got out—I do not feel sure that he was the man; I only saw him for five minutes signing a draft—a police inspector showed me a lot of photographs in Paris before I came here; I did not recognise any of them.
WALTER GEO. RUSSELL . I am a cashier at the Consolidated Bank, 450, Strand—on May 29th I received bank notes from Hans, and gave change, there were two £50 notes, 86526, dated November 17th, 1893, and on the following day two £50 notes, 82795 and 82796, dated February 17th, 1893, and two twenties, Nos. 68744 and 68746. January 6th.
HARVEY HERBERT AYSCOUGH . I am a clerk at the National Provincial Bank, Piccadilly Branch—Rheinhardt and Co. had an account there, but it had been closed on June 1st, 1894—I received these two £100 notes (79284 and 79, 287 September 18th, 1883), and gave gold for them—at the same time I changed two other notes (79285 and 79286 of the same date), and on June 16th I received from Rheinhardt and Co. this £200 note (97256), dated 19th December, 1893, and changed it for £5 notes and gold.
GEORGE THOMAS MILLS . I am in the employ of Mr. Brabbington, a pawnbroker, of Wardour Street—Pleydell is a customer—the Midland Bank, Shaftesbury Avenue Branch, are our bankers—I changed this £100 note 71247 for gold at our bankers—the endorsement is in my writing; I do not keep a record of transactions of that kind.
6, 000 francs of French money to a person very similar to Carr—about four months afterwards I picked his out from several photographs, and about last Easter or Whitsuntide I picked him out from a number of people—it was about 1.45 when I changed the 6, 000 francs—I went to Barclay and Bevan's to get the money, and I obtained two £100 notes and a £50 note, and gave the man the two £100 notes—I did not stamp them.
Cross-examined by SIR F. LOCKWOOD. This was a transaction in the ordinary way of Messrs. Cook's business; there was nothing in the nature of the transaction or in the amount to cause me to take any particular notice—it took place in our office in Cockspur Street, where there is a counter—I stand behind a grille which would be between me and a customer—my powers of observation are not interfered with at all—I had no particular reason for observing the man—I do not say Carr is the man who was there—I did not pick out anyone else—Dinny showed me the photographs quite four months afterwards—two lots of photographs were shown me on two long sheets of paper.
SIDNEY JENNINGS . I am clerk to Barclay, Bevan and Co., the bankers, of Pall Mall—on 2nd June, 1894, I cashed a cheque for £250 for Messrs. Cook and Sons, of Cockspur Street, our customers, and gave these two £100 notes, 90642 and 90643, and a £50 note, 72387—no other cheque for £250 was changed for Cook, of Cockspur Street, on that day.
THOMAS KNIGHT . I keep the Marlborough Hotel, Villiers Street, Strand—in June, 1894, I changed £50 in gold into a note for Beaumont, whom I knew—he was a customer, and asked me to accommodate him—I sent the £50 in gold which he gave me to the bank, and got a £50 note, which I gave him—that was the only £50 note I got from my bank about that time—Beaumont then mentioned something about being in Spain; I won't be certain if he mentioned any other place.
Cross-examined by MR. BIRON. I should think it was about the beginning of June he mentioned about being in Spain; I could not say whether it was nearer the beginning of June than the end of June that he said it, but I think it was the beginning.
Re-examined. I saw Beaumont occasionally for three or four months previous to that—I only saw him once afterwards, and that was at Bow Street.
JOHN GRUMLEY . I live at Monte Cristo Mansions, Stoke Newington—in June, 1894, my father kept the Plough Inn, Rupert Street, Hay-market—I knew Beaumont and Pleydell as coming there—in June, 1894, Beaumont asked me to change £100 in gold into a £100 note—I went to the London and Midland Bank, Shaftesbury Avenue Branch, where my father banked, and got a £100 note for the gold, and gave it to Beaumont.
Cross-examined by MR. WILLIS. I had seen Beaumont and Pleydell in my father's house, but I never saw them speaking together, and did not know they knew each other.
Re-examined. As far as I knew, they might have been strangers.
GEORGE VERNON GIVVARD . I am a cashier in Messrs. Williams, Deacon and Company's Bank—on 12th June, 1894, I received £350 in bank notes to the credit of Walter Bond from Molyneaux and Co.'s—this is the paying-in slip—these notes were paid in to the Bank of
England the next day in a separate parcel—they were a £100 note, a £50 note, a £20 note, and thirty-six £5 notes.
CHARLES JOHN WILLIAMS . I am a clerk in the Bank of England—on 13th June, 1894, I received from Williams, Deacon and Co. a parcel of bank notes to the value of £350—among them was a £100 note, 86788, 18th December, 1893, and a £50 note, 86638, 17th November, 1893—I produce all the notes that have been mentioned during the course of this case; they are all here—these three £200 notes, 27256, 27257, and 23381, reached the Bank of England on 20th June, 1894, 13th June, 1894, and 11th June respectively—27256 bears Reinhardt's endorsement—27257 and 23381 bear the endorsement of P. A. Beaumont, 3, Albion Place, S. E.—23, 381 was cashed for gold.
LOTTIE MILLS . I am the wife of John Mills—I live with him at 5, Grange Road, Canonbury—in May last year a man called at my house to take rooms—he paid a deposit of 10s., and gave the name of George Wray—he never came to take possession, and I never saw him again.
JOSEPH WALTER BROWN (Re-examined). On 19th February, 1894, Beaumont exchanged a £100 note, 94969, for a £50 note, 92253, and five £10 notes, 41387 to 41391—on 23rd July, 1894, a £50 note, 28925, was paid into Beaumont's account, and on 24th July a £20 note, 68432, was paid in—before the £50 was paid in his balance was 16s.
HERBERT EDWARD GRIFFIN . I am cashier at Messrs. Cook's, Ludgate Circus—on 23rd July, 1894, I purchased 2,000 francs French for £79, which I paid in a £50 note, 28925, and a £20 note, 68432—that was early in the morning—there is no stated charge for such an exchange; it is done on the basis of the exchange quoted for the day—we should not charge the same price for giving English for French as we should charge for French—there is a profit and loss, or we could not carry on business.
WALTER DINNY (Inspector, Scotland Yard). I had this matter brought before me on 20th July, 1893, and from that time on I have made inquiries with regard to the case—I first inquired at Grange Road, Canonbury, and then I saw at the Bank of England some of these £200 bank notes—I know the three prisoners—I have seen Carr and Pleydell together frequently since the beginning of 1894—I went to 3, Albion Place, and endeavoured to see Beaumont there; I saw Traphagden there, and inquired about Beaumont—I was not able to find Beaumont there on 21st July—I gave Traphagden certain instructions, and went there again two days afterwards, when I saw Beaumont there—after that I went to different places where these circular notes had been cashed, visiting, among other places, Barcelona, Nimes, and Avignon—eventually the matter was placed in the hands of Messrs. Mullens and Bosanquet, and application was made for warrants—on 23rd April I saw Beaumont at the King John's Head, Southwark Street, at seven p. m.—I said to him. "You remember me; don't you?"—he hesitated, and said, "Yes; you are Inspector Dinny"—I said, "Yes, I wish to speak to you privately for a minute. Will you come outside?"—he said, "Yes," and came out—I said, "I hold a warrant for your arrest for conspiring with Carr and others to forge and utter circular notes on Messrs. Coutts and Co."—he said, "When?"—I said, "Between November, 1893, and July, 1894"—he said, "Let me go back and have another drink"—I said,
"No; you must come with me"—he said, "Have you a warrant?"—I said, "Yes"—I showed it to him—he struggled to get away—with assistance I took him to Bow Street Police-court, where he was charged—he said nothing—next day I searched the room he occupied at 3, Albion Place—among the things I found there were a card with the name of firms at Rotterdam, the book-cover of Continental railway-guides (one of them was a railway map showing the route from Paris to Avignon and Nimes), and this pass-book on the London and Midland Bank—on the same night (23rd April) I arrested Carr at 21, Gordon Street, Gordon Square—I read the warrant to him, and he said, "What have I got to do with it? I don't know nothing about it"—I took him to Bow Street after searching his premises—he said nothing when charged—he occupied the whole of the house 21, Gordon Street—I mentioned while I was searching that it was a very large house, and he said, Yes, it was; it was his own property; he never had any lodgers, and did not want any, and he intended to move into a smaller house—I found there a pass-book on the London and Midland Bank, Tottenham Court Road Branch, two copies of the Belgian Extradition Treaty, a deed-poll changing his name from Carr to Wright, these memorandum books, a diary, thirty-one paid cheques, loose leaves as if from a cash-book—I find there entries of monetary transactions of different kinds, among which the name of Pleydell is very frequent, and the names of Fred and Alfred occur there—I found an envelope addressed to Beaumont at 3, Albion Place—in the diary or cash-book, and the loose sheets, there are entries headed Pleydell's account, Webb's account, and other people's accounts, and there are entries of Russian bonds, jewellery, and foreign moneys—thirty different names occur—I found this Morrell cheque, and this memorandum with the name of W. Sims, 28, Ewing Street, Mile End—I brought from Frankfort this signature, W Gray, cut from the hotel-book—I know W. Sims by another name; I have endeavoured to arrest him—I hold a warrant against him, and have not been able to execute it—I found the key of a safe at Winchester House.
Cross-examined by SIR F. LOCKWOOD. I gave evidence on several occasions at Bow Street—I first went to Traphagden's on 21st July, 1894; on the 26th I saw Beaumont—I had seen other people about this matter before 21st July.
Cross-examined by MR. BIRON. Allen kept the King John's Head; Allen was in the house when I arrested Beaumont—he did not see what went on, as I asked Beaumont to come outside—he saw me go outside with Beaumont.
ERNEST FREEMAN (Police Inspector). On the evening of 23rd April, 1895, I took Pleydell into custody at Piccadilly Circus, and went with him to Bow Street—I read the warrant to him there—Beaumont was there when he arrived, and as soon as Pleydell walked into the room where Beaumont was, or shortly after, Pleydell said, "What f—job is this you have dragged me into now?"—next morning I went to his address, 17, Crookham Road, and searched it—I found a book of paid cheques on the London and South Western Bank, Walham Green Branch—among them a cheque drawn by himself to self on 30th November, 1893, for £100, which had been cashed" and returned apparently—I found
cheques in favour of Carr and Beaumont, which had passed through his bankers and been honoured, and a memorandum book with entries referring to Fred.
CHARLES JOHN WILLIAMS (Re-examined). On 4th June, 1894, a parcel of bank notes, value £525, was sent direct from Coutts to the Bank of England for cancellation—I produce four of those notes; three are £100 notes, 90642 and 90643, 16th June, 1891, and 78785, 18th December, 1893, and one is £50 note, 72387, 17th November, 1893.
THOMAS WILLIAM TYRRELL . I am cashier at the Charing Cross Branch of the National Bank—in June, 1894, Mr. Knight had an account there—on 11th June, 1894, I gave him a £50 note, No. 86638, dated 17th December, 1893, in exchange for £50 in gold.
This closed the case for the prosecution.
MR. AVORY (for Beaumont) submitted that there was no evidence to go to the JURY of forgery or uttering within the jurisdiction of this COURT. Even assuming the facts for the prosecution to be proved, they only amounted to this, that the prisoners were associated together in London, and that they, or one of them, were in possession of a genuine circular note, that one of them (Beaumont) was uttering forgeries in Spain, and that Piper was uttering forged notes in Paris. Upon those facts it could not be taken that any forged note was in the possession of the prisoners in this country, or that any uttering had taken place here; the negotiable instruments were left in the hands of a foreign agent for collection, and the letters of identification were forwarded to this country as vouchers to Messrs. Coutts that a settlement had taken place with the foreign bankers. If this was the case of a bank-note it could not be said that a person passing it in a foreign country could be tried and convicted here merely because one of the notes found its way here.
MR. LOCKWOOD, on behalf of Carr, urged that there was no evidence to show Carr in any way connected with, any dealing with, any of these notes; and MR. LYNCH, for Pleydell, was also heard.
MR. GILL, in reply, contended that by the 23rd section of the Forgery Act, it was not necessary to establish that the prisoners were personally connected with the forging or the uttering. The case here was that they were accessories before the fact to both the forgery and the uttering, and, if accessories, they were liable to be treated as principals. The evidence showed that the felony was planned and carried out in this country, and therefore, although the uttering took place abroad, the parties planning the crime could be tried here as accessories. He relied on 7th Sec. of c. 94, 24 and 25 Victoria, in support of his contention.
MR. JUSTICE COLLINS. If there be no evidence of forgery committed in England I ought to stop the case, and if the uttering be limited to an uttering abroad, I ought to stop the case; but with respect to the forgery, I think there is abundant evidence to go to the JURY that the forgery took place in England. By the evidence the notes were completed in point of form, and were changed in Paris; but the payment would have to be procured in England. Therefore, although the act of initiation took place here and the uttering abroad, yet the act of the agent in forwarding documents to Coutts for the purpose of acknowledging the payment by the foreign banker was evidence of an uttering here, which
gives this Court jurisdiction. He did not think it necessary to reserve a case.
Cases referred to: Reg. v. Thornley, Sessions Paper, Vol. 80, page 501; Reg. v. Taylor, Foster, and Finlaison, and Reg. v. Carr, Sessions Paper, Vol. 76, page 531.
The JURY found PLEYDELL and BEAUMONT GUILTY generally ; CARR, GUILTY of forgery . Against the prisoners several previous convictions were proved.
PLEYDELL**— Eight Years' Penal Servitude. BEAUMONT**— Ten Years' Penal Servitude. CARR**— Six Years' Penal Servitude.
The COURT highly commended the Police-officers, Dinny, Freeman, and Gregory for the skill and perseverance they had shown in their attempts to unravel a fraud of so complicated and dangerous a character.
OLD COURT.—Tuesday, July 30th, 1895.
(For cases tried this day see Kent and Surrey cases.)
Before Mr. Common Serjeant.
MR. DRAKE Prosecuted, and MR. MUIR Defended.
AMBROSE NORWOOD . I am a butcher, of Holt Street, Walthamstow—about ten months ago I engaged the prisoner as journeyman—it was his duty to go on errands, take orders, and deliver meat, and get the money; we always bring out the book and book the money in front of him—my wife keeps the desk at one shop—Mr. Collins owed me £1 8s. 9d. for meat supplied up to May 18th—I have not received the money—this is the bill, in my wife's writing; it is receipted by the prisoner; he had power to do that—Mr. Champ owed me £6 1s.; he had a book in which I gave receipts—I have not received the £6 1s., or Mr. Champ's pass-book—the prisoner left me on Sunday, June 23rd—one week's wages, 15s., was due to him; he lived in the house.
Cross-examined. He did not ask for it; I was lying down, and heard him say, "Tell the governor I shall not come in to-night; I shall see him in the morning"—he did not appear on the Monday—I saw him next on the Tuesday week following at Bishop's Stortford—he had asked me on the Wednesday for a couple of hours to go and see a friend buried; I allowed him to go, and went upstairs to bed, and next day he was very late—I said, "You are very late"; he said, "I think you are getting; dissatisfied; I will leave on Saturday"—he had not given me a week's notice, and was not entitled to his wages—he did not come to me with an excellent character—he was recommended by a friend of mine at Bishop's Stortford, and I was satisfied—I have two shops—I am sometimes away from the shop where he worked—if my wife was not there I might take the money, but very seldom; my sister also takes money—I went down to Bishop's Stortford to see the gentleman who recommended him and
met the prisoner—he said, "Good evening; what are you doing here?"—I said, "I have come down to see what made you leave me so sharp, and did not even stop for your money"—he said, "No; I did not stop for my money, as I did not give a proper week's notice"—I said, "Well, there is a little misunderstanding about two bills," or words to that effect, and asked him about Champ—he did not say that he had had Champ's money—I think I can pledge my oath that he did not admit it; I do not think I said anything about his thinking it over—I said that I did not want to have any bother—he said that there must be some mistake—I said, "No, I think not; Mrs. Norwood keeps the books; you had better come and see here"—he said that he would, and that there must be a mistake—I do not remember his saying he would put it right if there was anything wrong—we went into the Half Moon public-house together, and I treated him to two glasses of ale and a cigar—he accompanied me back to the railway station to see me off—I did not look upon it as a question of account—I did not say, "Charley, think this over. as I think you will find it has not been paid in"—I used the word "Charley," but I said nothing about thinking—I do not think I shook hands with him or said good-bye—I do not think he wished me to go to his parents' house—before I left the station I told him that my mistress would be passing through Bishop's Strotford the next morning at 9.30, going to St. Ives, and he had better see her about the accounts—she did not see him; he would know the main line—on 4th July I had a telegram from her, from Bishop's Stortford station—I did not promise the prisoner, directly or indirectly, that I would send him a statement of the accounts not paid—I considered that I owed him 15s.—my wife said that the prisoner would come up and see me on Saturday—I got this letter from him on July 7th, brought by Pryor, one of my workmen. (This stated that he was engaged, and could not come, that he should get a cheque on Wednesday: asking for the particulars of what he owed, and stating that it was through lending money.)—I did not send him an account—this list is my youngest son's writing, but not made out by my instructions, and sent to the prisoner unknown to me—Pryor, who brought the letter, wanted to be security for the prisoner, but I said that I could not say anything about it at that time—my son's position is in the desk—I did not agree to let the matter stand till Thursday—I did not say, "I agreed to let it stand till Thursday"—my son, who signed this letter, lives at the other shop; he is 16—he keeps the books; I cannot say who gave him information of the items, not I, more likely my wife—she is responsible for the accounts. (The son's letter stated, "I enclose list of amounts paid to you and we have not received; I have stopped further proceedings till Thursday; if I had not seen Philip last night it would have been in other hands this morning. A. NORWOOD, pro W. N.)—I know now that the prisoner, who by somebody or other was given till Thursday, was locked up on Tuesday—I got a warrant for his arrest, I believe, on the Wednesday morning—I went to the station on Tuesday—I did not go and get a warrant then, because I did not exactly know what was wrong—he did not dispute the amount; no amount was mentioned—I mentioned Champ, and when I got back I found that Champ had paid his money—I may have found that out the next day, but did not go for
a warrant, because I was expecting him to call to see my wife—I mean to say I never authorised my son to write that letter—I was not at home—if he had come on Thursday, July 3rd, with the money in his pocket, I should still have proceeded against him—at the time I had this letter, "Please let me have the full items, and I will let you have it by your brother on Thursday," I intended to prosecute him then—I did not prosecute him before because I had other business to attend to—I did not write to him and say, "I will not wait till Thursday"—my son wrote the letter without communicating with me—I do not believe I said in his hearing that I would wait till Thursday—I had no warrant on the Tuesday—I gave no instructions to the police to have him arrested on the Tuesday—I got the warrant after he was in custody—I had not given instructions to the police to take him, but I went to them and stated the case.
Re-examined. On July 2nd I went to Bishop's Strotford to see the man who recommended him to me—there had been no investigation of my books then, but there had been one or two complaints—the total amount unaccounted for is £22 18s. 8d.—On July 2nd, when I drank ale and smoked a cigar with him, I was not aware of the defalcations in my books—the £22 18s. 8d. extends over about a dozen customers' accounts—I found this out on Monday, and went to the Police-station on Tuesday morning, the 9th—I know nothing about his being arrested on the Tuesday—when I saw him on July 2nd he did not promise to come and see me—I next saw him outside the Police-court—Pryor is in my employ—he is a friend of the prisoner—they are always together—he was working at the business place where my boy was also working—my son's letter was first brought to my knowledge on Monday night or Tuesday morning and I repudiated it when I saw it.
By MR. MUIR. I do not think I told Pryor when he brought the letter that I would wait till Thursday and no longer, but he tried to persuade me to do so.
SUSAN NORWOOD . I am the prosecutor's wife, and keep the books—this £1 18s. 9d. owing from Mr. Collins has not been paid to me—it was the prisoner's custom to pay me when he returned from his rounds, except on Saturdays—when my husband went to Bishop's Stortford on July 2nd, I had looked throngh the books—the amount of defalcations in the accounts with which the prisoner had to do was £22 18s.—it was Champ's custom to keep a book, which was sent to be made up—I do not know where it is—I asked the prisoner about it, and he said, "This is all right; they are at the seaside"—he has not brought the book since.
Cross-examined. The last date the prisoner paid me was June 22nd Saturday night—I knew he was leaving that night—he said he would come on the Tuesday and see that the debts were all right—I said I had no doubt it was all right—he did not say that he was going to Bishop's Stortford—I did not know where he was going, but I expected he was going home—he did not go straight home—when my husband went down to Bishop's Stortford I knew about the £6 item and about some others—I knew about the two Bartons, Edwards and Champ, but not about Collins—I told my husband about this, and he had a list with him of the names—I went to St. Ives on the Wednesday, and to Bishop's Stortford on
Thursday—I do not think I had then found out the other five items, I found them out gradually; as I sent the bills out they came back—I made out this list on the Monday, and gave him the names—I found them out on Saturday or Monday—I did not search for them on Sunday—when I saw him on Thursday, the 4th, I told him of Hopkins' case, and asked him if he would come with me and see—he said, No, he was going to get a situation—I said, "You do not expect to get a character, do you?"—he said, "No," but he would come on Saturday; he did not come—the first line of the letter is, "As I was engaged on Saturday, I could not come; I am expecting a cheque"; nothing bad been said to me about expecting a cheque—only a few words were said about the letter on Sunday at supper; my husband said that he had asked him to wait till Thursday—my son is not here; he wrote the particulars on the cover of a book, which I have not produced, when I was not present—he was in a hurry to send it by the post—I know that he had asked for the list; my husband was not within hearing—he came in to dinner and to tea, but not till after it had gone—he told me he had posted the list.
Re-examined. I have never had to ask him for a penny—up to Saturday, when I received the complaints from the customers I did not know that he had received money which was not accounted for—after that I sent bills to the customers and discovered the deficiency.
EMILY PORTER . I am a lady's companion, and live at Walthamstow—I remember paying the prisoner £1 18s. 9d. for meat from Mr. Norwood—I paid him monthly—he signed this receipt in my presence—it was six or eight weeks ago; I cannot tell the exact date.
LILY STEVENS . I am employed by Mr. Champ at Walthamstow—I paid the prisoner £6 1s. towards the end of May—he took the book away, but did not sign it; he never did—that represented the balance shown by the book at that date—I have not seen the book since—I have asked for it several times, but could never get it.
Cross-examined. There are other persons named Champ at Walthamstow.
ALFRED WARD (Detective N). I am stationed at Stoke Newington—the prosecutor called at the Walthamstow Police-station on the Tuesday and made a communication to me, and I sent a "wire" to the Bishop's Stortford Police, and heard from them the same afternoon that the prisoner was arrested—I got a warrant on Wednesday morning, and went down and read it to him—he made no reply—I brought him to London.
Cross-examined. I got the warrant after he was arrested, because it is the Commissioner's rule—Mr. Norwood gave information, and said he believed he was about to leave the country, and that he had seen him at Bishop's Stortford at his parents' home—he did not say that two days before he had a letter from him, asking him to wait till Thursday.
By the COURT. I did not tell him I could not get a warrant unless he believed he was going to leave the country—he said, "We believe he is about to leave the country," and we wired to arrest him.
GUILTY .— Three Months' Hard Labour.
Eight Months' Hard Labour each.
Before Mr. Common Serjeant.
MR. LYNE Prosecuted.
WILLIAM JOHNSON . I am a labourer—about two p. m. on 13th July I was waiting for work at the Albert Docks, when Sullivan came and asked me what the b——h——I wanted there—I said, "What has that to do with you?"—just after that he picked up a piece of a fire bar, and went up towards the store, and I heard a crash, and he came down from the store with a coil of cable wire which is kept in the store—he went to the fence, put a plank against the fence, got up and threw the wire over, and then got over himself—I next saw him at the station, where I picked him out of eight or ten men—I put my hand on his shoulder, and he struck me in the face with his fist—I had seen him about there before; I had not seen him doing any work.
Cross-examined by the prisoner. I did not hit you.
ARTHUR TAYLOR . I am a labourer, of 4, Rope Yard, South Woolwich—on 13th July I was at the Albert Docks, lying on the grass; the prisoner passed me with a bar of iron in his hand, and went to the store shed, and as he got to the back I heard a crash, and three or four minutes afterwards he came out from the shed with a bundle of this copper wire, which he put in an old sack, and took towards the dock fence—he put a plank against the fence, walked up the plank, and threw the wire over—I identified him afterwards at the Police-station; I knew him well before.
JOHN CONDON (Detective Officer, Dock Police). On 17th July I saw the prisoner on Woolwich Common—I arrested and charged him—he said, "I know what you want me for, but I know nothing about it"—I took him to the Albert Docks; he was placed with ten others, and Johnson identified him—he struck Johnson—we have not recovered the wire; the value of it was £210s.—the staple fastening the shed door was broken by being struck by the bar of iron, and then the door was opened.
Cross-examined. You were lying on the grass on Woolwich Common.
TOM DUKE (325 K). I was present at Woolwich Police-court on 19th May, 1894, when the prisoner was convicted of stealing, and sentenced to twenty-one days' hard labour—several other convictions were proved against him at the time.
GUILTY—There were nine other convictions of assaults and unlawful possession against the prisoner.— Twelve Months' Hard Labour.
Before Mr. Recorder.
MR. GEE Prosecuted.
6th July, I was in Beresford Road at 12.30—I bought some whelks, and the prisoners, whom I had never seen before, asked me to treat them—after eating the whelks, they asked me to treat them again—I said "No," and walked away—they sprang on me, pulled me down in the road, went through my pockets, and took four shillings or five shillings from me—then Sullivan came up, and they ran away down the alley—I was going to follow them, but he told me not to do so—I had gone five or ten yards from the whelk-stall.
Cross-examined by Leobane. I picked you out at once in the police-yard from among other men of your own class, and said, "You are the man"—no one gave me any hint to pick you out.
JAMES SULLIVAN . On the night of 6th July I was in Beresford Road—I saw the prosecutor lying on his back in the middle of the road, and three men around him—I went towards him, and as I did so the three men ran away; one was a cripple—I do not know who the men were—I believe Robinson to be one, but I could not swear to him.
Cross-examined by Robinson. You are lame on your left leg—I did not know you before—I could not see the men very distinctly, because it was late—I don't think Leohane is one of the men.
JOHN SIMPKINS (382 R.) I heard cries of "Police," and went to the spot, and the prosecutor said something to me—he was quite sober; he had a mark on his chin—I went to 10, Ropeyard Rails, a common lodging-house, where I found Robinson in bed—I told I should take him into custody for being concerned with two other men not in custody in assaulting and robbing the prosecutor—he asked me how long ago it happened—I said about twenty or thirty minutes previous; he said he had been in bed half an hour—I said it was false, I had seen him half an hour previous in High Street in the company of two other men—I had seen him at 12.15 with Leohane and another man—I searched and found on Robinson fivepence in bronze—at the station he said he supposed he would have to suffer for what the other two had done.
Cross-examined by Leohane. I did not see you in a lodging-house.
ALFRED VANSTAN (Detective). On July 8th I saw and arrested Leohane, and said he answered the description of a man wanted for being concerned with another man in robbery and assault, and that I should take him into custody—he said, "All right, governor, I will go with you; this is being taken for what you don't know anything about; I can prove where I was at twelve on Saturday night; who is the other chap you have got?"—I said, "William Robinson"—he said, "I don't know anything about him"—at the station he was placed between nine and ten others, and identified by the prosecutor at once.
Cross-examined by Leohane. I did not tell you another man had been placed with other men, and that the prosecutor had picked out the wrong man twice—no one told the prosecutor whom to pick out—you were placed with other men of your own height and class.
The prisoners in their statements before the Magistrate, and in their defence, denied any knowledge of the matter.
NOT GUILTY .
Before Mr. Justice Collins.
MR. HATTON Prosecuted, and MR. E. PERCIVAL CLARK Defended.
GUILTY .— Five Years' Penal Servitude.
Before Mr. Justice Collins.
MR. DRUMMOND Prosecuted.
GARRETT GREEN . I am a labourer, and live at 12, Betsy Court, Peckham—on 28th June I saw the prisoner as I came out of Lambeth Police-court—I had summoned him for my stepfather's clothing and watch and chain—the order was that he should give the things up to me—I said to him, "You hear what the Magistrate says; will you give me the things?"—he said, "Yes, I will give them to you at seven in the morning"—I went next morning about five minutes to seven to Peckham Park Road—I said, "Are you going to give me the things up, Bill?"—he said, "Wait a few minutes; I will give them to you"—I saw him again at eleven—I said, "This is a long five minutes"—he said, "Yes, I have had some business to do—if you will get two police-officers I will give you the things back"—I went to try and get the police-officers, and I saw no more of the prisoner till I saw the fire at about half-past two at 42, Lower Park Road, Peckham, where my stepfather had lodged.
FRANCES BALLIN . I am the wife of George Ballin, and live at 20, Lower Park Road, Peckham—on Saturday, 29th June, I saw the prisoner between twelve and half-past at my gate—he said he had got a few tickets to give me in remembrance of his deceased wife; he could not give them to me then; he would give them to me next day—I said, "Why don't you give up those things to the two men Green?"—he said, "No, I would sooner set fire to them"—he seemed to me perfectly sober—there are only two doors between my house and his—I saw no more of him till about ten or half-past two, when my little girl ran in and said something to me, and I went out and saw smoke coming from the back window of prisoner's house—I gave an alarm to Mr. Eyres; by that time the back place was all in flames—I saw the constable lower the prisoner from the window—by that time the place was pretty well burnt down, except the back part of the house.
Cross-examined by the prisoner. I don't know whether anyone else heard you say it; I am positive you did say it—I saw you come out of the window in your trousers and shirt.
went all over it from top to bottom—in the kitchen there was a dresser and a few old things, such as tools, lying about—there was some furniture in other parts of the house—I did not touch it—I stayed there about five minutes—there was no fire there nor any lamp—I went there again when sent for, about five minutes to two—I burst the door open, and found the back place all in a blaze, coming up from below, and rising gradually up between the shop and the back parlour—it was a chandler's shop and a sweetstuff shop—there were two rooms below and two above—all the furniture upstairs was two bedsteads, worth about a shilling, one wooden and one iron, two boxes, and a chest of drawers; no tables or chairs.
WILLIAM BLANCHARD EYRES . I am a painter, and live at 16, Lower Park Road, Peckham. On Saturday, 29th June, I saw the prisoner three or four times, in fact the whole of the morning—I saw him go into his house about twenty minutes to two. I was standing at my own door, ten feet away from his door, which was next door—he had a bottle in his left pocket, I could not say whather there was anything in it—he was decidedly sober—about eight or ten minutes afterwards I saw the fire—I saw him lower himself from the first floor window, that was after the door had been burst open—there was a policeman there—no one was living in the house besides the prisoner, the house was entirely empty—I, my wife and five children live next door, and thirteen people were living on the other side.
HENRY BROWN . I am a fireman of the Metropolitan Fire Brigade, New Cross—On 29th June I was called to a fire at 14, Lower Park Road—I proceeded there with a steamer at a few minutes after two—the staircase from basement to roof was well alight, the fire going out at the back window—the fire had apparently commenced in the basement, or in a cupboard under the stairs, there was none of the cupboard left, and not a vestige of the staircase—there was some furniture in most of the rooms, it was all smothered in water, and charred—I could form no idea how the fire originated—I saw the prisoner in Park Street—he was then without coat or shoes, apparently as if he had been lying down—he said he went upstairs about eleven and laid down, but how the fire originated he did not know—I asked him if he had been down in the basement, or anybody—he said, "No"—he had a slight graze on his arm; that was all the injury he had received—the back room of the basement was completely burnt out, and the staircase and back part of the house was all gone, nothing remained—I did not detect the smell of oil or spirit—it had the regular appearance of an ordinary fire—it had been a sweetstuff shop—there was nothing to indicate any business going on—the contents of the shop were not destroyed except by heat and smoke.
JOHN LEADBETER (51 P). About ten minutes to two on 29th June I was on fixed point duty in Park Road—I saw volumes of smoke issuing from 14—I found the shop door open—I asked if any one was inside—the reply was, "No, they were all out"—I saw the prisoner at the first floor window—I told him to jump out, which he did—I assisted him—he lowered himself down—he had no coat on—he appeared very much dazed—he said, "Was that you knocking at the door?—it awoke me—I had gone up to lie down about 11.30"—I should say he was quite sober.
I was called to the house—about three I saw the prisoner at No. 12, a short distance from his house—I said, "Are you the occupier of fourteen?" he said, "Yes, I have been for twenty-four years—I am a carpenter and joiner—my wife, until about three months ago, carried on the business of a sweetstuff shop—I slept in the house last night—I went in about one o'clock and remained till five—I went back again to the house between eleven and twelve noon, I laid down in the front room first-floor and went off to sleep, and was awoke by a knocking at the door—there was smoke in the room—someone outside called out 'Fire' I put up the window and jumped out A policeman caught me as I was coming down. There was no actual fire in the room where I was. No one else slept in the house. I may have been smoking, and had had some booze. I am not insured, and do not know if the house is. The house belongs to Mr. Taylor, of Acacia Road, Dulwich. I had a few goods there which I bought of William Dunn, now deceased, a late lodger of mine. I lost the receipts. Garrett Green, who says he is Dunn's stepson, claimed them. He summoned me to the Police-court." I left him then to pursue my inquiry—I saw him again about four, and said, "I shall arrest you on suspicion of having set fire to your house"—he said, "Yes, I knew it would come to that. I have some friends in this neighbourhood; don't forget that"—I took him to the station where the charge was entered—he made no reply.
Prisoner's defence I went to that house thirty-two years ago. I lived there twenty-four years. I have never had any charge against me all my life, and I don't think a man in his senses would set fire to his own house with his own tools and things in it; that is all I have to say.
HENRY BROWN (recalled). There were some tools lying about in the back-room upstairs—they were injured by the heat and smoke and by fire—there was a bed in the front room, that was covered by the debris from the roof—the bedclothes were all saturated with water—I could not judge whether anyone had been in the bed—(Prisoner)—There was a large quantity of tools in a box—(Witness)—I did not take notice of such articles; those I saw were all damaged by the fire—the boxes may have contained tools; I did not open them—I did not see any bottle on the premises, or the remains of any.
W. B. EYRES (Re-called). The bottle I saw in the prison's pocket was a public-house bottle, a long-necked one—I am quite certain of the day—I saw him go in at twenty minutes to two; he nodded to me as he put the key in the door.
NOT GUILTY .
MR. COHEN Prosecuted.
RICHARD LOCK (280 M). About quarter to three on the morning of June 29th I was near the Elephant and Castle—the prisoner came up to me and said, "Well governor, I have set my house on fire, and I hope it will burn my husband and no one else"—I said, "I hope you don't mean what you are saying"—she said, "Yes, I have wandered to and fro the last half hour, and I wish to give myself up"—she was quite sober.
station—she made a statement, which I took down in writing—this is it, "My name is Clara Twyman, 95, Summers Street, Southwark, married I occupy two rooms on the top floor. My husband and I quarrelled. He struck me in the face, and went into the kitchen and locked himself in. Out of revenge I opened a box of clothes, struck a match and put it in the box"—she said this quite voluntarily—she was quite aober.
RICHARD JAMES HATT . I am in the Metropolitan Fire Brigade, I was called to 29, Summers Street I found the back room well alight—it is a private house—I called out to my mates to get a hydrant to work—we extinguished the fire—there was a box in the room and some remnants of clothing of some description in it.
JAMES TRANTER . I am the occupier of 95, Summers Street—I live in the house—the prisoner and her husband lived on the top floor—I have three other lodgers—I remember the fire breaking out in the back room, second floor, the room the prisoner occupied—everybody in the house was in bed at the time, and the house was shut up—I was called at two o'clock—the prisoner was not then in the house—I went to bed at a quarter to eleven, and heard nothing—prior to that, about nine, I heard a struggle up-stairs—the prisoner wished to get into the front room—I was on the stairs talking to Mr. Twyman—she had an altercation with her husband—I saw no blows—she had been drinking from the Saturday previous—I persuaded her not—she said, "It is no use talking; I always have had the drink, and will never give it up"—she was drinking all the week.
Prisoner's defence. I did not do it—when they say I set fire to the house I was in the public-house playing dominoes—the box that was alight contained carpenter's tools, not clothing—I never went back to the house.
GUILTY .— Twelve Months' Hard Labour.
Second Count, with intent to do her grievous bodily harm.
MESSES. CHARLES MATHEWS and FINCH Prosecuted
EDWIN MAVEY . I am second coachman in the employment of Mr. Fry of Ripon House, Putney, which is the second house from Ashburton House—before Whitsuntide I saw the prisoner in that neighbourhood—I saw her four or five times; on each occasion she carried a small basket in her hand—on 21st June I was driving ray mistress and the young ladies in a victoria, and coming back I saw the prisoner on this side of the Green Man some 500 yards from Ashburton House—I recognised her as the person I had seen before—that was between 12.30 and I—between 2.50-and 2.55 I heard the report of firearms and ran out to the gate, and Mr. Carlisle's coachman beckoned me to keep my eye on the prisoner, who was 300 yards from the carriage I should say—she still carried the basket—just on 3 o'clock Mr. Carlisle's carriage returned with a policeman on the step; he arrested the prisoner.
Cross-examined by the prisoner. I could not say the exact time I saw you—you were in deep mourning.
taking my pupils out for a walk—at 4.40 I returned and saw the prisoner sitting in the same place—I thought she was watching the gateway—she could see down the drive, and the conservatory.
EMILY LUCY CARLISLE . I am the wife of John Carlisle, a shipowner, and live at Ashburton House, Putney Heath—I am the sister of Edgar Holland—I did not know the prisoner up to 21st June this year—on the afternoon of that day I went out for a drive in my victoria about 2.50 p.m. in the direction of Putney—I sat on the left side of the victoria—Talbot, my groom, drove—as I drove out of the gate I was aware of somebody in a dark dress on the footpath, but I did not notice particularly—as the carriage passed her she rushed towards it—I turned my head towards her—she appeared then to be holding on to the back of the carriage—immediately I turned round I was aware that her arm was up towards me, but I did not see what she held in her hand—I then heard a report and saw some smoke, and seemed to feel something passing at the back of my head, a kind of whizy—I put my hand up to my ear and bent my head forward very quickly—I thought I heard a second report, but I was frightened, and it is possible it was only the trigger falling on another cartridge—I heard a click—the coachman had his attention directed, and he struck at the woman with his whip, and I called to him to drive on as quickly as possible, which he did for some 200 or 300 yards, till we came to a policeman—I spoke to him and he came back with me on the victoria step—we met the prisoner walking towards us carrying a basket—the policeman went up and spoke to her; I was not near enough to hear what was said—I went on to the police-station and waited for the inspector to take the charge—I was very much terrified by what was done to me, and I have remained in a condition of considerable fear ever since.
Cross-examined. You appeared to be holding on to the carriage and were quite near to me—I saw no pistol, but your arm was up—I was driving fast at the time—I heard a click after the report—I had not seen you before that day—I have no reason to know of any malice you bear me.
By the JURY. I saw smoke between the prisoner and myself, because I could not distinguish her face—the hood of the carriage was behind the smoke and behind me; so that the smoke could not go to the ground.
GEORGE TALBOT . I am a groom in Mr. Carlisle's employment—on this afternoon about three I was driving Mrs. Carlisle—I saw the prisoner strolling on a side path, and as I got opposite to her I saw her make a rush for the carriage—I was turning round when I heard a report—I then saw the prisoner quite close to the carriage, not touching it, but running after it—I saw smoke behind Mrs. Carlisle's head—I struck at the prisoner with my whip and drove on—coming to a policeman I spoke to him, and we returned to the prisoner.
Cross-examined. I did not see you take hold of the carriage—I was driving fast at the time, but not very fast—I did not see you point the pistol; I saw the smoke—you were close to the carriage when I struck at you with the whip; you ran after the carriage till I struck at you—I cannot say whether I struck you.
By the JURY. The prisoner was on the near side and so was Mrs. Carlisle—I was turning, but I was not round when I heard the report.
MARTIN RYAN . I am a bricklayer, living at 41, Red Lion Street, Clerkenwell—on June 21st I was working on the house next to Ashburton House—I saw Mrs. Carlisle in her victoria going towards Putney—I saw the prisoner rush from the opposite pathway towards the victoria on the near side; I was going towards Putney Hill; the victoria had passed me about forty yards—the prisoner clutched the victoria with the right hand, so far as I could see, but with one of her hands—then I heard a report, and smoke followed; I should say the smoke was going towards the lady's head—then the coachman struck round at the woman with his whip, and she left go—the carriage drove off—I followed the prisoner—I saw some coachmen further on, and told them what she had done, and while I was talking to them the lady drove back in the carriage with a policeman.
Cross-examined. You caught hold of the carriage with your right hand—I don't know what you did with your left hand—a report followed—I heard the report come from the left hand—I did not see any revolver, but seeing you hold the carriage in your right hand I thought you must have fired with your left.
THOMAS HARRIS (641 V). On 21st June I was on duty at Putney Hill—I received a communication from Mrs. Carlisle, in consequence of which I went back with her carriage in the direction of Ashburton House—she and the coachman pointed out the prisoner to me, and I arrested her—she had this small basket containing a six-chambered revolver—there is room for an arm to go through the handle of the basket—I took her into custody—she said that was what she did it for; she had no intention to hurt her, but merely to frighten her, as she wanted to go for trial where she could explain all—as she was penniless now—I took her to the station—I handed the revolver to the inspector—four chambers were loaded, one had an empty cartridge in it, and one chamber w is empty.
FORBES COWIE (Inspector V). On 21st June the prisoner was given into my custody at the police-station—the constable handed me a basket containing this six-chambered revolver—there were four loaded cartridges in it—and one discharged one; one chamber was not loaded—I took out the cartridges—one of them had a small dent on the end and partly on the rim, which showed that the hammer went down on the cartridge and left the dent, and caused a misfire—I have had some experience with revolvers—that mark on the cartridge is the result of the revolver being fired, it fits the point of the hammer—that cartridge would be the one to go off in its proper turn, next to the one already fired—I took the cartridges and the pistol to a gunmaker—since then two other revolver cartridges have been handed to me; they fit this revolver exactly, and are similar in appearance to those I took out of it—before I took the charge the prisoner said to me, "I fired the revolver at Mrs. Carlisle; I have a grievance against her brother. I wish to get committed for trial, so as to bring the case before the public"—T read over the charge; she said, "That is wrong, I did not mean to murder her.'
me by Cowie—my attention was directed to an unexploded cartridge—the rim of it had been hit by the hammer—I should attribute the cause of the misfire to the chamber being a little larger than usual—it was too large for the cartridge, and the hammer would not strike it with sufficient force to explode it; there would not be sufficient resistance—there is no reason but that for its not exploding—if the same cartridge had been in a good revolver it would have gone off, I should say—I think there was a misfire—the revolver is a sufficient weapon, with its contents, to kill a person with.
ELIZABETH MATTHEWS . I have been housekeeper to Mr. Edgar Holland for some years—on 27th April the prisoner called at Stoneleigh, Mr. Holland's house, and I had a long interview with her—she said that if Mr. Holland did not settle with her she would have to bring the revolver with her, and she spoke of putting a knife into someone—she wrote down and gave me this address of Mr. Holland's solicitors—on 4th June I received this parcel, addressed to Mr. Holland—I took it to him—I think the handwriting on it resembles this other writing.
Cross-examined. I have been his housekeeper about ten years—I do not remember other women writing to him about dresses he had not paid for—I brought in a telegram from him when you were there—I said I did not know where he was; I wrote to his office—after receiving the telegram I knew he was not coming back—I do not always know his movements—this direction on the parcel resembles your writing a good deal—I am not positive about it—I did not say I knew Mr. Holland's affairs; I said I knew nothing about his father's affairs.
GEORGE LACEY STIBBARD . I am a member of the firm of Stibbard, Gibson, and Co., solicitors, of Leadenhall Street—we acted for Edgar Holland in the proceedings for breach of promise of marriage brought against him by the prisoner—on 25th January this year the action was in the paper—I went into Court and found counsel consulting in the matter—Sir Edward Clarke appeared for Holland, and Mr. Witt for the prisoner—I heard what passed between them, and saw Mr. Witt communicate with the prisoner, who sat at the solicitors' table—the arrangement then made was that there should be verdict and judgment in the action for the defendant, but that £1, 000 should be paid to the prisoner, and £200 towards her costs—I don't think she spoke, but she evinced dissatisfaction with the compromise, but it was agreed to by her counsel—the additional terms were imposed that she should not molest Holland in the future, and she was to return all his letters—on 29th January prisoner called at my office in a somewhat excited condition—I told her I could not speak to her; that she was in the hands of her solicitors, and anything she had to say must come through them; and I told herfirmly but kindly that I could not allow her to come to the office—she was talking faster than I was, and was very excited, and I said I could not allow her to come—she said she should come—I said if she did come I should be obliged to send for the police and have her removed from the office—she said she should come whenever she liked—I think in the course of the conversation she mentioned £5,000 or £8,000 as the sum she demanded from Holland—I declined to discuss it with her and
said she must communicate with her solicitors if she had anything to say—On 30th January a notice of motion was served on me giving notice that on 31st there would be a summons heard to restore the action to the list and set aside the judgment of the 25th—On 31st I instructed Sir Edward Clarke to attend before Baron Pollock, who referred the matter to the Court of Appeal, and on 20th February a new trial was ordered—Mr. Witt made a statement to the Court as to what had taken place between himself and the prisoner, and the Court of Appeal ordered a new trial on the ground that there were two terms to which the prisoner had not consented, and to which Mr. Witt had no power to bind his client—On 22nd March I received this letter, in which the statement occurs that Miss Kempshall, the writer, is not quite so hungry as to snap at a dry crust, after being cheated out of £5,000 by the thief, and that she is coming to the City one morning to slash Stibbard or Gibson for playing the part of conspirators—Mr. Carlisle's offices in Leadenhall Street are opposite ours; while in my room she would see his name on the windows—I had no interview with her after that—the case restored by the Court of Appeal was heard partly on Friday and concluded to-day—it was first of all for seduction and breach of promise of marriage, but the accusation of seduction was withdrawn by the plaintiff before the trial—there was a verdict to-day for the defendant with regard to the breach of promise—in the course of today's proceedings a letter of 2nd of April, purporting to have, been written by the prisoner, was read—I cannot find it now, but I remember it; this is a copy of it. (This stated what the writer would have done to Holland, and mentioned vitriol; that she would have dashed a dagger in his face; that she would never forgive him; that those who had injured her should suffer; and it contained the passage "It always recoils; it did on my brother and sister, and so it will on you.")
Cross-examined. Holland told me you had a brother, soon after I had to do with the case—I think after you brought the action I instructed a detective officer to go to the country and make inquiries into your family affairs—I wanted to find out your history, and I thought your brother could give me information about you—I did not tell the detective to offer your brother or sister a bribe—I think my clerk offered your brother five shillings, because he complained that he lost a day's wages, or something like that—I did not say I would make it worth his while to answer questions against his sister—I thought you were perforce obliged to accept the compromise, because my opinion was you knew you could not succeed in the action.
----PAYNE. I am managing clerk to Stibbard, Gibson, and Co.—during February and March this year the prisoner used to call at our office—on 20th March she came about one—I told her Mr. Stibbard was out—she observed the name of Carlisle and Co. on the windows across the road, and wanted to know whether Carlisle was the name of the place where ships went to or the name of the firm—I told her it was the name of the firm who kept the office—on that occasion she said she would break all their jaws, one after the other; I suppose she meant all the persons concerned against her; and she said, as to old Gibson, she would put her fingers in his whiskers and pull them out by their roots; and she was prepared to fight her case, but that she would do it without bits of paper,
and she had had her ammunition ready for a long time—she added that some one had gone round to where Mr. Stibbard was lunching to say she was there, and that he was afraid to come back—that was the last time she came.
ELIZABETH WILSON . I have lived at 28, Koppech Street (late Duke Street), Oxford Street, for sixteen years—I am a widow—I keep a lodging-house—I have known the prisoner about thirteen years—at one time she lodged with me—since then she has called on me—I have seen her write on many occasions, and have had letters from her—I am well acquainted with her writing—this letter of 22nd March is in her writing. (This contained the postage, "I am going to send a full account of your fiendish treatment to your sisters, though being the same breed I daresay they inherit all King John's discordant pack," etc.)—I should not like to swear that this wrapper is in her writing.
Cross-examined. I went to Stibbard and Gibson's last year—I met your brother there—I did not say, "Why don't you take a price and go against your sister as she went against you in 1886; now is your time to do it"—I have not borrowed on your furniture under false pretences—I do not owe you anything—they did not offer me a bribe—I went to the East-end to see your brother to please myself.
WILLIAM PRITCHARD . I am member of the firm of Pritchard and Sons, solicitors for this prosecution—I was present at the hearing at the Police-court, when the prisoner was represented by Mr. Doveton Smyth, a solicitor—he first suggested in the cross-examination of one of the early witnesses that the pistol had been fired at the ground.
The prisoner, in her statement before the Magistrate and in her defence, stated that she had no intention to injure the prosecutrix, but that she shot at the ground in order to call public attention to her case, and because her relations had been interfered with; that she carried the revolver, with a chain round it, to prevent its going off accidentally; and that, after firing one shot, she replaced the chain, and might have pulled the trigger, to see if it was firm, and that in that way the second cartridge might have become dented.
NOT GUILTY .
MESSRS. CHARLES MATHEWS AND FINCH Prosecuted.
Emily Lucy Carlisle, George Talbot, Martin Ryan, Thomas Harris, and Forbes Cowie repeated in substance the evidence they gave on the last trial
NOT GUILTY .
Before Mr. Common Serjeant.
608. CHARLES HUMPHREYS(32), PLEADED GUILTY to forging and uttering a receipt for £16 8s., with intent to defraud; also to forging and uttering a withdrawal note for £16 8s. from the Post Office Savings Bank.— Three Months' Hard Labour.
MR. PARTRIDGE Prosecuted.
RACHEL HUGHES . I assist in a greengrocer's shop, 108, Falmouth Road, Newington—on June 3rd the prisoner came in for a tin of Nestle's milk, price 3d., and tendered a half-crown—I gave him 2s. 3d. change, and he left—I then bent the coin, and went out and walked behind him; I look ed at him, but said nothing—he ran, and I ran after him, shouting "Stop him!"—he ran round a turning, and I found him detained by a policeman—I charged him with giving me bad money—I had the coin in my hand—he said nothing—I gave it to the policeman.
THOMAS FIELD (67 M). I saw the prisoner stopped—the prosecutrix came up with a half-crown and said, "Look what he has given me for a tin of milk"—he took the tin out of his pocket, and gave it to me—I searched him at the station, and found this bad half-crown and a good florin and threepence—he was charged with uttering counterfeit coin, having another in his possession; he made no answer—he was taken before a Magistrate and remanded for a week, and then said, "I picked the coins up outside a public-house in the New Kent Road the same morning."
The prisoner in his statement before the Magistrate, and in his defence, said that he picked the coins up, and when she shouted he guessed they were bad and ran away.
GUILTY .— Three Months' Hard Labour.
MR. PARTRIDGE Prosecuted.
ELIZABETH MEADOWS . I am the wife of Sidney Meadows, a baker, of 79, William Street, Borough—on 9th July, between three and four p. m., I served the prisoner with a loaf for 11/4d; he threw down a half-sovereign—I did not like the sound of it, and said, "I have not change"—he picked it up and went out—my husband came in, and followed him.
Cross-examined by the prisoner. I did not touch the coin.
JANE JENKINS . My husband keeps a milk-shop—on July 9th, about 4.30, the prisoner came in for a Neville's loaf, and gave me this gilt sixpence—I asked where he got it—he said in his wages in Mason Street—our shop is about half a mile from Mrs. Meadows—my husband came in and sent for a policeman.
EVAN JENKINS . I am the husband of the last witness—on July 9th I went into my shop and saw the prisoner there, and my wife looking at this coin—I asked the prisoner where he got it—he said, "In Piccadilly"—I gave him in charge.
Cross-examined. There is a little nick in the rim of the coin—it has been used as an ornament.
GEORGE PITCHER . I was a constable in the H Division—I left the force last week—on 9th July Mr. Jenkins gave the prisoner into my custody, with a counterfeit half-sovereign—I commenced searching him—he said, "I have got no more"—I said, "Where did you get this?"—he
said, "I received it from a betting man, a bookmaker, by Glasshouse Street, Piccadilly"—no other money was found on him.
NOT GUILTY .
MR. POYNTER Prosecuted.
HENRY SIMPSON . I am a horse dealer, of 5, Cross Street, Barnes—on May 20th I had a bay mare, with a white leg, on Barnes Common; I missed her at six o'clock—Mr. Burroughs afterwards gave her up to me—I have sold her for £10.
RICHARD BURROUGHS . I liveat 4, Tobin Street, Notting Dale—the prisoner who I knew came to me on May 20th—I knew his mother before he was born—he did not come in; he stood outside the Bridport public-house, and asked me to have something to drink, and offered to sell the mare—I tried her in a cart, and asked how much he wanted for her—he said £10, and that he bought her of a butcher—I gave him a sovereign and another horse, for which I gave £6 4s.—I was suspicious, and went to the prisoner's house the same afternoon—on the Friday I saw Mr. Simpson, and gave the mare up to him.
WILLIAM HURD (Detective E). On Tuesday morning, May 21st, from inquiries I made, I went with Burroughs to Tobin Street, but the prisoner had left the neighbourhood—I applied for a warrant, and on July 16th the prisoner was arrested at Cheltenham—he gave the name of Robert Lee —I read the warrant—he said, "All right; I know I sold Mr. Burroughs a horse; I thought it was all right."
Prisoner's Defence: A butcher asked me if I would buy the horse. I said, "How much?" He said, "£8." I bought it, and sold it to Mr. Burroughs.
GUILTY .— Six Months' Hard Labour.
WILLIAM HARDING . I live at 2, Vineyard Walk, Mortlake—the prisoner and I work in the Mortlake Brewery—on June 27th, we were in the Ton Yard, on the scaffold—Surridge was there—the prisoner and I quarrelled; he asked me to fight, but I refused—I said after we had done work I would fight—he was not eating anything, but he took a claspknife from his pocket, and stabbed me on my shoulder—I did not take off my neck handkerchief before that to fight him—Storey seized him, and I was taken to a doctor.
Cross-examined by the prisoner. You had not the knife in your hand, eating bread and meat.
ARTHUR STOREY . I was employed at the Mortlake Brewery repairing machinery all day on June 27th—I gave the prisoner some food that afternoon, but he never had time to eat it till two o'clock, when the bell rang, and he was eating some at 4.80, when the assault took place—I did not see him strike Harding—they were both working underneath me at 4.30; I heard a quarrel below, and asked them to leave off—they got to louder language, and Harding called out, "I am stabbed"—I jumped down, took hold of the prisoner, and took him downstairs.
JOSEPH SURRIDGE . I am a labourer at Mortlake Brewery—on June 27th I was working in the Ton Yard—they began quarrelling about 3.45—they got to very high words, and one of them said, "Shirts off"—I saw them preparing for a fight, and the prisoner rushed at Harding and struck him—I did not see whether the prisoner was eating any food, because they were both standing up.
Cross-examined. You struck the same as a man bowling at cricket—I did not see a knife in your hand, nor did I see Harding put his head down and butt you—your handkerchief was off—I did not see him throw his cap down.
JAMES EVANS . I am divisional surgeon of police—I examined Harding—he had a wound on one shoulder, caused by a blow from a knife from above, downwards—it is impossible that that could be done by one man running against another with a penknife in his hand—it must have been a downward blow—it was three-quarters of an inch long, and an inch and a quarter deep, but did not injure any vital part.
Cross-examined. I cannot say that it might be caused by his coming to you to butt you in the stomach.
THOMAS BENHAM . I am a labourer, of Mortlake—on June 27th I lent this knife (produced) to the prisoner—I was at the brewery after that, and saw the prisoner come through a window; I asked him which knife he stabbed him with; was it my knife?—he said, "Yes."
WILLIAM SNELL (357 V). On 27th June, at five o'clock, I took the prisoner in custody—he said it was an accident, he and Harding were quarrelling, and Harding ran up to him, and he put up his knife, and Harding ran against it.
Prisoner's Defence: I am very sorry; I can assure you it was an accident.
He received a good character.
NOT GUILTY .
MR. TURNER Prosecuted.
GUILTY .— Eighteen Months' Hard Labour.
Before Mr. Recorder.
MR. LYONS Prosecuted, and MR. BURBIDGE Defended.
ALFRED HARMER . I am a labourer of 2, Culvert Road, Stamford Hill—on July 5th, about 11.30 p.m., I was in Newington Causeway, and received a violent blow on my jaw, from the prisoner Johnson—I was quite sober—I had 4s. 10 1/2 d., but did not miss any of it—I fell on my back, and feel it very much still.
Cross-examined. There was a push and a blow so near together that I could not tell any time between them—I cannot say whether Martin was there; there were several of them, and when I was pushed I might have knocked against some of them, but they attacked me so violently all round that I cannot say—I tried to get up, but was pulled down again—I
was almost knocked unconscious—I had this frock-coat on, buttoned up and my money was in my trousers pocket, so it was difficult to get—I cannot say whether they tried to get it—two detectives came and lifted me up, and asked if I had lost anything—I counted my money at the station, but could not say whether I missed any, because I did not know to a few halfpence what I had got.
Re-examined. I was nearly stunned—if I lost anything it was not more than 1s.—it was all done in a few seconds—I did not strike the prisoner, nor was it suggested at the Police-court.
WILLIAM KEMP (Detective M). On 6th July, about 11.30, I was with Sergeant Gentle in Newington Causeway, and saw the two prisoners coming along the road—I knew them both before—Martin pushed Harmer on his right shoulder, and Johnson struck him on the jaw, and he fell—we ran across the road, and someone called out "Coppers"—I took Martin, and Gentle arrested Johnson—he said, "I have not taken anything from him"—he was close to Martin when he was caught.
Cross-examined. Sergeant Gentle drew my attention to the prisoners—it was not dark—there was a public-house with a large lamp outside—Johnson was not walking away when he was arrested—he was kneeling, and just in the act of getting up.
Re-examined. We were watching them—there are three public-houses within a short distance of each other all lighted up.
WILLIAM GENTLE (Detective Sergeant M). I was with Kemp, and saw five men standing on the other side of the road—the prisoners are two of them—after looking at them two or three minutes, Harmer came by with a large bundle of flowers; they opened so as to allow him to pass between them, and pushed on his right side—he rolled over, and Johnson struck him on the jaw and knocked him down—Martin pushed him down again—someone called out "Coppers" and there was a stampede—I got hold of Johnson a few steps from the prosecutor, to whom I said, "Have you lost anything?"—he said, "I don't think so"—I said to Johnson, "You will be charged with assaulting him with intent to rob him"—he said, "I have not taken anything from him"—on the 18th Martin came to the station—I saw him talking to an officer and said, "I shall charge you and Johnson with attempting to rob a man on Saturday night in Newington Causeway"—he said, "I was not there, I will prove where I was that night."
Cross-examined. I cannot say whether it was Martin who pushed the prosecutor first, because there were three men standing close together—I recognised one of the others, but I cannot find him at present.
Cross-examined. Johnson had 1s. 6d. on him, which was afterwards returned.
PLEADED GUILTY to previous convictions, Johnson at Newington on February 17th, 1891, and Martin at Clerkenwell on November 20th, 1882. The police stated that Martin was an instructor of young thieves. MARTIN— Fifteen Months' Hard Labour and Twenty Strokes with the Cat. JOHNSON— Six Months' Hard Labour.
615. ROBERT LANE(20), PLEADED GUILTY ** to burglary in the dwelling-house of Henry John Tall, with intent to steal; also, to a conviction of felony in August 1894; and seven other convictions were proved against him— Eighteen Months' Hard Labour.
617. CHARLES WILSON** (19) [Pleaded guilty: see original trial image] to burglary in the dwelling-house of William Roots and stealing 11 1/2 d.; also to a conviction of felony in June, 1894— Twelve Months' Hard Labour.
618. HENRY JAMES SWANN(25) [Pleaded guilty: see original trial image] , to forging and uttering an authority for the payment of money; also to attempting to obtain £600 by false pretences with intent to defraud— Twelve Months' Hard Labour.
ADJOURNED TO MONDAY, SEPTEMBER 9TH, 1895.