CENTRAL CRIMINAL COURT
FIFTH SESSION, HELD MARCH 8TH, 1897.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
Short-hand Writers to the court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
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On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, March 8th, 1897, and following days.
BEFORE the RIGHT HON. GEORGE FAUDEL PHILLIPS, LORD MAYOR of the City of London; the Hon. Sir WILLIAM GRANTHAM , Knt., one of the Justices of Her Majesty's High Court; Sir HENRY EDMUND KNIGHT , Knt., Sir STUART KNILL , Bart., Sir JOHN VOCE MOORE, Knt., JOHN POUND , Esq., WALTER VAUGHAN MORGAN , Esq., JOHN WYATT TRUSCOTT , Esq., and FREDERICK PRATT ALLISTON, Esq., Aldermen of the said City; Sir FORREST FULTON, Knt., Q.C., Common Serjeant of the said City; and FOBERT MALCOLM KERR, Esq., Judge of the City of London Court; Her Majesty's Justices of Oyer and Terminer, and General Gaol Delivery, holden for the said City, and Judges of the Central Criminal Court.
ROBERT HARGREAVES ROGERS, Esq.
WEBSTER GLYNES, Esq.
RICHARD CLARENCE HALSE, Esq.
CENTRAL CRIMINAL COURT.
PHILLIPS, MAYOR. FIFTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, March 8th, 1897.
Before Mr. Common Serjeant.
MR. C. F. GILL Prosecuted, and MESSRS. E. PERCIVAL CLARKE and BURNIE Defended Kniese.
WHITE— GUILTY. He received a good character .— Judgment Respited.
KNIESE— GUILTY .— Three Months' Hard Labour.
220. CHARLES STONE (19) and RICHARD CANTER (20), Feloniously breaking and entering the warehouse of Silber and another, and stealing a watch, to which they PLEADED GUILTY ; also to being found by night in the possession of burglarious instruments, Stone having been previously convicted of felony. STONE— Twelve Months' Hard Labour; CANTER— Six Months' Hard Labour.
221. FREDERICK GRESSEN(23) , to breaking and entering the dwelling-house of Edwin James Lange, and stealing two overcoats and other articles; also to breaking and entering the dwelling-house of Edwin Kiles, and stealing two watches and other articles, and to a previous conviction of felony; other convictions were proved against him.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.] And
222. DANIEL HANNIGAN (38) and HANNAH HANNIGAN (26) , to conspiracy to obtain P.O. orders, Daniel Hannigan also PLEADING GUILTY to forging and uttering P.O. orders.— Two Months' Hard Labour each. [Pleaded guilty: See original trial image.]
223. WILLIAM THOMAS MOORLEN (56) , Feloniously demanding from the Postmaster-General £118 4s. 5d. upon certain letters of administration, knowing that those letters had been obtained by a false oath and affidavit.
MESSRS. H. C. RICHARDS and SOPER Prosecuted.
aged seventy-five—we had lived together for twenty years—she had an account in the West London Savings Bank—shortly before her death she handed me this bank-book—after her death I went to live at the prisoner's house—this book and two others were stolen from my box—the prisoner's first wife was my late sister's step-daughter; she died in 1875—I gave information to the Post Office—I still work; the prisoner never kept me. (MR. RICHARDS stated that the business and assets of the West London Savings Sank were transferred to the Post Office in 1888.)
GEORGE PHILLIP MORRIS . I am a clerk in the Savings Bank Department of the General Post Office—on February 8th, 1893, this book was brought to me, and this form "B" was filled up, and signed in my presence. (The answer to the question upon the form, "State your relationship to the deceased, and your age, and whether you claim the deposit as a nominee of the depositor" was "Widower," and the signature was "W. T. Moorlen, 64, White Lion Street, Clerkenwell.") The book was left with me—I do not recognise the man.
HAZELTINE OWEN . I am a Commissioner of Oaths at the Principal Probate Register, Somerset House—I produced this affidavit "C" and oath "D," sworn by William Thomas Moorlen, and this administration bond "J"—in consequence of those documents, the letters of administration were granted on February 25th, 1893. (The documents were to the effect that William Thomas Moorlen, of 64, White Lion Street, Clerkenwell, was applying for letters of adminis tration of £118 14s. 5d, the sole property of his deceased wife, Mary Ann Moorlen, who died intestate; that that money was deposited in the Post Office Savings Bank; that he had only received information of it in December, 1892; and that he would administer her estate well and faithfully.)
WILLIAM JAMES HAYLOTT . I live at 22, Havelock Road, Hammersmith, and am a builder's foreman—about February, 1893, the prisoner said to me something to the effect that, in turning over the contents of an old box of his aunt's, he had found a bank-book belonging to his late wife—I went with him to Somerset House—I there saw him sign a document similar to this; I believe these others are in his writing—I signed one; this is my signature.
Cross-examined. You worked for us sixteen or seventeen years as a joiner; I thought you a very respectable, hardworking, and trustworthy man.
WILLIAM SAMUEL BOND . I am a clerk in the Savings Bank Department, General Post Office—I produce a declaration book, which came to our department from the West London Savings Bank—on January 4th, 1864, when this account was opened, there appears a signature by a mark—on February 28th, 1893, I received these letters of administration, and consequently I authorised a warrant for the payment of money out, and closed the account.
GEORGE JAMES FUGGLE . I am employed in the Post-office in Parliament Street now—in March, 1893, I was employed at the Northern District Post-office—on March 2nd this warrant was presented to me for payment—the receipt at the foot, "W. T. Moorlen," was signed in my presence, and I paid the person who brought it £118 4s. 5d.
of a complaint made by Miss Holder as to the loss of her book, I saw the prisoner at West Place, Chapel Street, Islington—I showed him the notice of withdrawal and the warrant for £118, and asked him if these were his signatures, "W. T. Moorlen"—he said, "Yes; but this is not what Miss Holder is inquiring about; this is all right; it is her own book that has been lost"—I said, "What does this refer to?"—he said, "Money from my aunt's account, which I am entitled to get out; I got letters of administration"—on January 21st, 1897, I saw the prisoner again at 8, Rising Hill Street, his present address—I cautioned him, and told him had come with reference to a complaint by Miss Holder that her sister's book had been stolen from her box, and I showed him again the notice of withdrawal and the warrant, and asked him if he cared to say how the book, which I showed him also, came into his possession, as Miss Holder said it was stolen from her—he said the money was his wife's money; that the account had been opened by his first wife, Mary Ann; that the account had been opened with money he had given to her for the purpose of opening the account; that he had lost sight of, or overlooked, the book for the twenty odd years his wife had been dead, but, in turning over her things in 1893, he found the book, and went and obtained letters of administration—I said the story differed from what he told me in May about it, when he said the money belonged to his aunt, and that Miss Holder said the book had been stolen from her box—he said then Mrs. Moorlen, his second wife, had taken the book as well as the other book, which we were referring to in the other case, and that he was pressed for money, and was tempted to do it, and he said he wished ns to be lenient with him, and asked us to report the matter to the Secretary of the Post Office—I said I should have to report to the Secretary, and he said he hoped we would be lenient with him—I said if he wished to write anything; of that kind he could, and I might be instructed to place it before a Magistrate—he then wrote this letter, "J ": "Dear Sir,—As I was in want of money, I did use aunt's book, and now I must leave it to you to be as lenient as you can to me. Mrs. Moorlen took the book out of Miss Holder's box when she came to live at 63, White Lion Street, and I was tempted to do it"—he wrote that in my presence—I called in James Walker, who was outside, and said to Moorlen, "Do you wish this to be sent to the Secretary of the Post Office?"—he said he did—I said, "You know it will be produced before the Magistrate"—he said, "Yes"—Walker endorsed it on the back as it is here—on the say to the station the prisoner said that as he had had the money he must put up with it, he must suffer—he said he wished me to tell the Magistrate that his sister, Mrs. Anscombe, he thought, would be able to come forward and prove the money was his aunt's money, and that she had expressed the wish that he should have the money when she died—I have seen Mrs. Anscombe; she has not come here.
JAMES WALKER (Police Constable, General Post Office), The prisoner was given into my custody on February 25th, and I charged him with fraudulently obtaining, on March 2nd, 1893, at the Essex Road District Post-office, £118 4s. 5d., the moneys of the PostmasterGeneral, by virtue of letters of administration, knowing that such letters had been obtained by a false oath and affidavit—he made no reply.
GUILTY .— Twelve Months' Hard Labour
MR. COHEN Prosecuted, and MR. SYMMONS Defended.
FLORENCE VICARY . I am a housemaid in the service of Mrs. Sewell, of 11, Trebover Road, Earl's Court—the prisoner was employed there as cook—she and I occupied the same bedroom at the top of the house, but not the same bed; I occupied a bed with one of the other servants—about three on the morning of January 19th I heard a child's cry in our bedroom, from the direction of the prisoner's bed—I said, "Is that you, Bessie?"—she said, "Yes"—I remained awake till about six—I got up at 6.45—I heard no other sound resembling a child's cry after that—I noticed that the prisoner looked very ill in the morning—she got up, and left the room before I got up—after I heard the baby's cry the prisoner left the room for about ten minutes—that was in the middle of the night—I recognised the cry as that of a baby.
The COMMON SERJEANT pointed out that there could not be said to be a secret disposition in this case, as the birth, in fact, was not concealed, and he directed the JURY to find the prisoner
NOT GUILTY .
225. JAMES MEREDITH PHILLIPS (22) PLEADED GUILTY to forging and uttering a receipt for £2 15s. 6d.; also to obtaining money by false pretences from William Richmond Baverstock, with intent to defraud, and to making false entries in a book of account.— Nine Months' Hard Labour. And
226. THOMAS JAMES (17) and JAMES MURRAY (17) , to breaking and entering the warehouse of Harry Custance and others, and stealing cigars and other things.— Six Months' Hard Labour each. [Pleaded guilty: See original trial image.]
NEW COURT.—Monday, March 8th, 1897.
Before Robert Malcolm Kerr, Esq.
MR. WILKINSON Prosecuted, and the evidence was interpreted to the Prisoner.
PHILIP SHKLITZ (59 NR). On February 6th I went by appointment to the Rupert Castle public-house, Christopher Court, Cavendish Square, and waited outside—I saw the prisoner, whom I had not seen previously—I said, in German, "Have you got that money?"—he said, in German, "Yes; 8s. for these; I can make them for £5 a day"—they were eight florins—this was outside the public-house—Inspector Bush came up, and said, in English, "Halloa! what is this? this is bad money; I am a police officer, and must take you to the station for having bad money in your possession"—he said, in German, "I am put away"—he was taken to the station, searched by the inspector, and two keys, a pair of spectacles, and a small purse found on him.
Cross-examined by the Prisoner. I did not have a conversation with the prisoner about this affair—the appointment was made by the inspector.
Pomfret Castle, about one in the day, and saw the prisoner showing Shelitz these eight coins in this paper; he looked at them, and had them open in his hand—I said that I was a police officer, and should arrest him for having counterfeit coin in his possession—he said, in German, "I am put away"—I found on him a memorandum and a key—I went with Phillips to 34, Munster Square, and was shown to a third floor front room by Miss Mason, where I found this portmanteau—I opened it with a key found on the prisoner, and found in it two moulds for half-pastcrowns, four packets of white metal, three unfinished half-crowns, some emery paper, plaster of Paris, a file, a cardboard band, some glass, and a ladle, and on the mantelpiece two bottles of chemicals, and some powder in paper—there was metal on the file—Mr. Webster has seen them all—I took the portmanteau to the station, put it on the table, and the prisoner said, "That is mine"—I accompanied the prisoner and Phillips in a cab to the Police-court, and said, "I wonder what has become of the 2s. mould"—the prisoner replied in German—he made no answer to the charge at the station.
Cross-examined. I think you understand English enough to know what a mould is.
EMMA MASON . I live with my mother, Mrs. Mary Mason, at 34, Munster Square—the prisoner lodged there, in the name of Schmidtz, from July till he was taken in custody—he paid 4s. a week—I went with the police to the room he occupied—he brought this portmanteau with him—another lodger came after him, who is still with us—I attended to the room, and once saw what I thought was a piece of lead off some tea, and threw it in the dust-bin.
Re-examined. I had conversations with the prisoner; he spoke English—he stayed in all the afternoon, and then went out—the other lodger was out all day.
WILLIAM JOHN WEBSTER . I am Inspector of Coin to H.M. Mint—I have examined two flawed moulds for half-crowns—this half-crown is from one of them, and is also flawed—these nine florins are all from the same mould—this file has white metal on it—this cardboard band is to enclose the plaster on the glass—those are all articles used in the manufacture of counterfeit coin.
Cross-examined. I am not aware that the chemicals were medicines for your chest.
JOHN DOYLE ALBERT . I was sworn as interpreter before the Magistrate, and took down the statements he made, and read them to him; he did not object to any word. (In this statement, and in hit written defence in German, the prisoner said that he received the coins and other articles from a man named Auguste, for safely as he was haunted by detectives.)
GEORGE BUSH (Re-examined by the Prisoner). I do not know Auguste; you were not standing next to him, but there was a man standing there—he was not the man I arranged to meet; I made no arrangement; my inspector arranged that I should meet you there—I did not see Auguste at the Court, or tell you that I was acquainted with him, and that he was a baker.
By the COURT. I had somebody to follow the prisoner and point him out—the informant did not say we should find anything on him; he was simply to introduce us to Schreiber to visit him.
GUILTY .— Three Years' Penal Servitude.
MR. PARTRIDGE Prosecuted.
SARAH ANN ROGERS . I am the wife of George Rogers, who keeps a dairy at 123, Kentish Town Road—on February 2nd the prisoner came in for an ounce of butter, price 11/2d., and tendered a half-crown—I said, "It is very light," sounded it on the counter, and asked if he had any more—he said that that was all he had got—Cave came in to be served, and I kept him waiting (See next case)—Cave said, "What is the matter?"—I said, "I don't think this is a good half-crown"—he tried it, and said, "It is good"—a detective came in, and I told him.
GEORGE WALLIS (Police Sergeant Y). On the night of February 2nd I was with Sergeant Pengelly in Kentish Town Road, and saw the prisoner with Cave in Mrs. Rogers' shop, and saw a coin pass—we entered, and I said, "We are police officers; is anything the matter?"—she said, "This young man has just given me this half-crown for some butter, and I don't think it is good"—Cave said, "I have done nothing; you can't search me"—I seized Bailes, and heard the jingle of money on the ground, and Pen-gelly picked up nine half-crowns—I took Bailes to the station, and told him he would be charged with being concerned with Cave in passing counterfeit coin—he made no reply, and gave a false address.
JOSEPH PENGELLY (Police Sergeant Y). I went with Wallis to Mrs. Rogers' shop—Cave refused to be searched—I seized his right 'hand, he pulled it back, and I heard money fall on the floor—I picked up nine half-crowns and this piece of paper.
WILLIAM JOHN WEBSTER . I am Inspector of Coin to the Mint—these ten half-crowns are counterfeit, and all from the same mould—this paper is similar to that in which counterfeit coin is wrapped to prevent its rubbing.
The Prisoner's Statement before the Magistrate: "I am very sorry I am here; it is my first time in trouble. He sent me into the shop for two ounces of butter. Cave dropped the money; I did not drop it all."
GUILTY . (See next case.)
Cross-examined by the Prisoner. I did not see you come in—I heard coins drop, but did not see you drop them—I said, "Have you got any more?"—he said, "No, that is all my mistress gave me"—you gave me the same coin back—a woman who had been there had gone when the coins were dropped.
The Prisoner, in his defence, stated that he went into the shop and found Bailes and a woman there; that Mrs. Royers asked him to try a coin, which
he did, and found it good; that he then heard some money fall, and the officer came in; that he did not drop the coins, and would not have gone in there with nine bad half-crowns it he had sent Bailes, whom he did not know, in with one.
GUILTY .—He was further charged with a conviction of a like offence at this Court on January 5th, 1894.
FREDERICK COOK . I was present at this Court on June 20th, 1894, when the prisoner was convicted of having twenty-eight counterfeit coins in his possession, with intent to utter them, and previous to that he hadfive years' penal servitude twice; he has had thirteen years in prison.
GUILTY— Five Years' Penal Servitude.
Sentence on BAILES— Twelve Months' Hard Labour.
OLD COURT.—Tuesday, March 9th, 1897.
Before Mr. Common Serjeant.
CHARLES GEORGE DICK . I live in the St. George's Road—at 7.30 on Saturday evening, December 19th, I had occasion to go into a urinal opposite the Metropolitan District Railway Station at Victoria—I came out and went towards the Wilton Road, when I found I was being followed by a man dressed in a long dark overcoat and a pot felt hat—he followed me down Wilton Road; I told him not to follow—he came just behind me—I said, "Don't follow; what do you want?"—he said he wanted assistance; I said, "I shall not give you anything," and walked on, going towards and into the Belgrave Road—I noticed I was still followed by the same man; he told me then he wanted assistance, as he wanted to go to his sister's in the country, it being near Christmas time—I walked on, quickening my pace rather—I came from Belgrave Road into St. George's Square, and I crossed it on to the Thames Embankment—the man still followed me, and on the Embankment I turned and said, "I won't have this, And gave him 1s. "; he said, "This won't do," and seized me by the person—it caused a feeling of extreme pain and sickness—I was wearing a turquoise and diamond pin, a gun-metal watch, a gold chain, and I had a sovereign and a few shillings in my pocket—in order to get the shilling I gave him I had to undo my overcoat, which was lined throughout with astrachan, including the sleeves, and had astrachan cuffs and collar—while the man had me in that position he took my pin, my watch and chain, the sovereign and silver (all the money on me), from the trousers pocket from which I had taken the shilling and then he dragged the coat from my back—it is rather large for me, and slips off rather easily; the lining lends to its slipping off easily—the pain and sickness continued while these things were being taken—he held me by the left hand, and used his right for the purpose of robbing me—having got my property, he took to his heels—as soon as I recovered myself, I cried "Stop thief!" and ran after him—the assault and robbery took a very short time; it was very sudden—could not overtake him, and he got away—I went home—within half an
hour of the occurrence on the 19th I went to Rochester Row Police-station, and gave a description of ray assailant—I was referred to the Gerald Road Police-station—an officer accompanied me from one station to the other—at Gerald Road I made my statement, and a full description, including such description as I could give of my assailant—immediately after that the case was placed in the hands of Inspector McCarthy—in a pocket of the coat I lost was a card-case containing one of my cards with my name and address on it—on December 24th a man called on me at my residence, and produced certain pawn-tickets, and my card-case and my card—in consequence of what he said to me I saw the same man again outside Charing Cross-station later in the same day—I then received from him the pawn-tickets relating to my stolen property; he only showed them to me in the morning—I gave him £5—my property was much more valuable than that—on the following Monday I endeavoured to see Mr. Wallis, my solicitor, with the object of handing the duplicates to him, but he was away—I could not see him till Thursday, December 31st, when I saw him at his chambers, before he went to business in the morning—Inspector McCarthy was present at the interview between us—I had communicated with him before that—on that day I handed over the duplicates to McCarthy—on January 10th I was taken to Gerald Road to see if I could identify Marling from among others, but I could not do so; I had never, to my knowledge, seen him before—I attended at Westminster Police-court, and gave evidence before Mr. De Rutzen against Marling in relation to my property—at that time Marling was charged alone—about February 11th I was required to see if I could identify Saunders at the same Police-station—he was then dressed in a short light coat and a cap—I failed to identify him—after that I attended at the Police-court, and gave evidence against Saunders, and on that occasion Robert Hine was in attendance, and Saunders was committed for trial.
Cross-examined by Saunders. I did not see you at Victoria Station with anybody on the 19th—I did not ask you to have a drink—I did not have a drink with you—I did not ask you to do a little job for me—I did not have a conversation with you in a public-house outside Victoria Station; I did not ask you if you knew Mr. Gregory, an actor—you did not run across to the urinal, and I did not follow you—after leaving the urinal, I did not walk with you; you followed me—I did not ask you to take my arm; I did not tell you I lived in St. George's Road—I did not ask you to accompany me towards some bridge. (Saunders asked whether the prosecutor had made an indecent proposition to him; this the prosecutor denied.) You did not say, "Is that the job you want me for?I will lock you up if that is the job"—I did not give you all the things, so that you should not lock me up, and wait till you got eighty yards away before I halloaed out, "Stop thief!"—you seized me by the trousers.
By the COURT. I was asked at the Police-court whether I was exposed, and whether I had given him the things.
Cross-examined by MR. ABINGER. I was outside Victoria Station; I went on to the Embankment, and the man followed—the Magistrate asked me how my coat could be taken off my back against my will—if I crossed my arms, it could not have been taken off; I did not cross my arms—the man called on the 24th in the ordinary way, and rang the
bell, and was shown up by a servant—he gave no name—I did not send and tell the police he was in the house, because I wanted my property back, and I did not want to make a bother—I am staying with friends—I told them of the outrage on the 19th—I did not tell the police I had appointed to meet a man concerned in the robbery—I wanted to get the things back, and the man said I should not get them back unless I bought the tickets—I went there alone—I was living in St. George's Road on December 19th—I went on to the Embankment because I wanted to shake the man off, and I did not want him to see where I lived—I had come from Hyde Park Corner by omnibus, and had got out near Victoria Station—I did not say anything about Victoria Station to the Magistrate—I walked alone to my address, because I did not want a beggar to know my address, or to be followed—I did not see a constable—it is about a quarter of a mile from the urinal to St. George's Square—this was 7.30 p.m.—I passed a good many persons—the man said, "Can you help me?" and I refused, and I next told him not to follow me—he suddenly said, "This won't do," and took my pin out—he was then holding me with one hand, and taking my pin out with the other—I did not, the first day before the Magistrate, say anything about how he held me, because I did not think it necessary—only Marling was charged then—I said I was held tightly—I told the Magistrate how he held me on the second occasion—Saunders was there then—I had not identified him, and I do not identify him now—I struggled as hard as I could when he held me—I did not strike him—the watch-chain was broken in the struggle—I called out loud, "Help! help!"—all the time this was being done no one came—he took my pin, and put it in his pocket, I think, and then took my watch and chain, and then my coat—he said, "It is no good struggling"—he still held me when he took my coat; he whipped it off—I only gave him 1s.—I went straight to the Police-station, and saw an inspector.
Re-examined. On January 11th evidence was given against Marling alone—Saunders was not arrested till a month later—before I gave evidence against Saunders Hines was examined—I described in detail what occurred on the Embankment—I did not consult a doctor afterwards; it was not necessary.
ROBERT HINE . I live at 16, Lyons Place, Maid a Vale—Saunders married my sister—on the afternoon of December 19th I was at my sister's; I live there—I saw Saunders that afternoon; he asked me go out with him about half-past six in theevening; I did so—we went down to the Edgware Road and across the park to Victoria Station—there Saunders said to me, "If I speak to anyone, you follow me"—I saw Saunders come out of a urinal; he and the prosecutor came out together—Saunders went towards the Standard Music Hall, opposite the District Station—Mr. Dick'" went in the same direction; he followed Saunders; they stopped against the District Station for about five minutes, in conversation, and then walked on together along the main road, and then turned to the right—I followed, on the other side—they turned to the right again, still together; they then turned to the left; I don't know the names of the streets—they went up the turning till they got to the top, and then turned to the left, and then took the next turning to the right, and went to the top of that, which took them into Belgrave Road, and went down
Belgrave Road towards St. George's Square, still together, and in conversation—they went through St. George's Square, and when they got to the bottom I lost sight of them for about two or three minutes—I then saw them again, on the left-hand side of old Pimlico Pier, right down to the wall against the water, on the Embankment—I was then about fifty yards from them—I heard someone call out, and then saw one man running after another—before that they remained against the pier for half an hour—I was on the opposite side, waiting—then I saw them running; I think Saunders was first: he was running away, and Mr. Dick was running after him, halloaing out "Stop thief!" two or three times; after he had got sixty or seventy yards—it attracted the attention of a number of people, and they followed in pursuit—I followed, and kept Saunders in sight, till I lost sight of him for about ten minutes, when I saw him again against a cab rank at the end of St. George's Square; that was, as near as I could think, about 800 yards from old Pimlico Pier—Saunders then said to me, "Put that coat on"; he had an overcoat on his arm, a kind of melton cloth, lined with astrachan—this (produced) is the coat—he then said, "Jump into a cab, or else we shall get pinched" and drove to the end of the Marble Arch, at the end of Park Lane—in the cab he showed me this gun-metal watch and chain, and a sovereign and six shillings—we then went to the New Inn public-house, in the Edgware Road, and then went on to 16, Lyons Place—we left these things there; that was where Saunders lived—we then went away together, and remained out till an early hour next morning; we went to some place of amusement, and returned to Lyons Place, and were there on the Sunday—on Monday morning I went out with Saunders—I was wearing this coat—I went to 57, Castle Street, Oxford Street, and there saw Marling; he lives there—I knew him before—I had seen him in Saunders' company—I there took off the coat, and Saunders produced the jewellery, and asked Marling to do this stuff in for him, meaning to pawn it—Marling asked where he got it; I can hardly recollect now what Saunders said; I could not say whether he said from an old gentleman, or an old toff—Marling said he could not do it then; he would have to come back at one o'clock—we went away, and came back about one—Marling did not ask for any further explanation—when he came back I was still wearing the coat, and Saunders had the jewels—between two and three we went together in an omnibus to Victoria, and went into a public-house near Sutton's, the pawnbrokers—Marling left the public-house with the watch and chain—Saunders and I left the public-house five or ten minutes after, and met Marling coming from Sutton's; he had not then got the watch and chain with him—we went into another public-house, the Windsor Castle, and Marling there handed to Saunders some money and some pawn-tickets—I then took off the coat and gave it to Marling, and he took it away, and returned in a short time, and gave Saunders a pawn-ticket and 35s., and Saunders gave him 8s. for what he had done; Marling then left—Saunders and I did not go home; he bought me a pair of boots, and on another day an overcoat I was not a witness against Marling before the Magistrate on the first examination—I gave a statement to the police when they asked me for it; I cannot tell you what that was; I never took any notice of that; I gave it to Mr. Whitlock, and it was taken down at the Police-station—I
was then called before the Magistrate—since then I have seen relatives of Saunders—I am still living at Lyons Place.
Cross-examined by Saunders. When you came home from work on the Saturday you gave me 1s., and told me to go down the road with you—you went into the Shakespeare with a working man, and then went over to the station—you said you had given that man drink to the amount of 10s., and that would bring you in lots of work—when I saw you with Mr. Dick he was rather close to you sometimes; I could not say whether he was getting hold of your arm—you passed five or six policemen before you got to the Embankment—I was about fifty yards off when you and the prosecutor were by the pier—I could not see from where I stood what happened, it was so dark down there—I heard no scuffle or cries—I cannot remember if you said to me before we got into the cab, "The gentleman gave me the things"—I did not hear you give any explanation of how you got them; I did not ask you—you did not say what the gentleman wanted you to do—I never asked what you were doing for half an hour by the pier with the gentleman—if you told me, I did not hear you.
Cross-examined by MR. ABINGER. Saunders did not say why I was to follow him if he spoke to a gentleman, and I did so—I have never done it before—I first gave a statement to Whitlock—I heard a little of Mr. Dick's evidence at the Police-court; I did not take much notice of it—I heard him say that Saunders followed him from somewhere near Victoria Station to the Embankment; they were together all the way going along—they did not seem to be jangling; I could not hear anything; I was too far away—they appeared to be talking—I took my eyes off them for two or three minutes, and when I saw them again they were in the left-hand corner of the old Pimlico Pier, on the Embankment—I stood watching on the pavement at the side of the Embankment, on the other side of the road—they must have stood there for about half an hour—I heard no cry or call during that time—a policeman was near—they were in the dark; I could not see what was going on—I did not hear Saunders say to Marling, "These things were given to me by an old toff"—he said something to the effect that he got them off an old toff—I did not see how much Marling gave Saunders for the pin, watch and chain, but he gave him 8s. for the coat.
Re-examined. I daresay the prosecutor and Saunders could see the policeman near the Embankment, because he was rather under the lamp—he was not in a position to see them—he was at the corner of St. George's Square, about fifty yards from them—I was five or six yards from him—Saunders asked Marling to do the stuff in for him.
JOHN BARRELL (Inspector A). I was in charge of Rochester Row Police-station on December 19th, when Mr. Dick came there about 8.30 p.m.—I sent Sparrow with him in a cab to Gerald Road Police-station—I am sure of the date—I made no note in the occurrence book, because he was sent on to Gerald Road.
Cross-examined by MR. ABINGER. I was only asked yesterday to attend here to-day; I did not give evidence at the Police-court—I remember the 19th, because it was the last Saturday before Christmas.
WILLIAM PORTER (Inspector B). I was in charge of the Gerald Road Police-station on December 19th—the prosecutor came there with Sparrow about 8.40 p.m.—I took these particulars down in this book—they are to the effect that there were stolen, at about eight p.m. on the 19th, from the person of William Dick a black overcoat lined with astrachan, a gun-metal watch, part of a gold chain, and a scarf pin—not a word was said about his having been attacked and seized and held while he was being robbed—the only charge taken was that of larceny from the person—if I had been told what the prosecutor has said here to-day I should have entered it as a charge of highway robbery with violence.
ALFRED CAMBER (Detective Sergeant B). On the evening of December 19th I was at the Gerald Road Police-station immediately after the prosecutor had been there—next day I called on the prosecutor, and he made a statement as to what had occurred on the night of the 19th. (MR. MATHEWS proposed to ask what the statement was. MR. COMMON SERJEANT ruled that it was not admissible.) The cane was placed in the hands of Inspector McCarthy.
Cross-examined by MR. ABINGER. I have not given a proof to anybody—I have not been spoken to since the adjournment.
JOHN McCARTHY (Inspector B). On Sunday morning, December 20th, I went to the prisoner's house, and he made a statement to me as to the circumstances of the robbery—on December 31st I went to Mr. Wallis's private chambers, and saw the prosecutor and Mr. Wallis—three pawn-tickets were handed to me—I went to Mr. Sutton, a pawnbroker, of 156, Victoria Street, and saw Mr. Lawler—on Sunday night, January 10th, I Arrested Marling at the New Inn, Edgware Road—I told him I was a police inspector, and that I was going to arrest him on a charge of robbery with violence on Mr. Dick on December 19th—he said, "I don't know what you refer to; I don't know Mr. Dick; can I see him?"—I took him to Gerald Road Station in a cab, and he was detained till the next morning, when the prosecutor came—Marling was placed among others; the prosecutor failed to identify him—after that Lawler was called in, and identified him immediately—when the charge was read to him he said, "It is all right; I never assaulted him; he has not identified me; I can account for how I got the property"—on the next day, going across the yard to the Police-court, he said, "The charge is enough to hang one; I own pledging the goods, but I deny having stolen them"—on two of these duplicates is the address of the pledger as 16, Warwick Square, and on a third it is 10, Warwick Square—I have made inquiries at both addresses—at the Police-court, in reply to the Magistrate, Marling said, "I got the things from a man named 'Little George near Victoria Station"—he said, "Little George" had asked him to pledge these things, and all he had got out of them was a drink of whisky and soda, or something of that sort—he was committed to this Court for trial at the last Sessions—about February 10th, having received information, I arrested Saunders after calling him out of the billiard-room of the Devonshire Arms, Denman Street—I said to him outside, "You knowme, Saunders?"—he said, "Yes"—I said, "I am going to take you into custody for committing a highway robbery on a gentleman named Mr. Dick on December 19th last"—he said, "I know nothing about it"—he was taken in a cab to Gerald Row, and placed with others—when Mr. Dick did not identify him he
muttered, "Well, he has not identified me"—Mr. Willis appeared for the prosecutor—Hine was called before the prosecutor.
Cross-examined by Saunders. You came up to the billiard-room while I was there.
Cross-examined by MR. ABINGER. I had no communication from Mr. Dick between the 20th and 28th, I believe, about what had happened on the 24th or 25th—when I told Marling the charge he seemed astonished, and said he did not know what it meant.
By the COURT. A constable is always on point duty forty-five to sixty yards from the pier on the Embankment—I should think he could hear if anyone called out—it is a place much frequented at night by young men and women up to eleven o'clock.
WALTER LAWLER . I am an assistant to Mr. Button, a pawnbroker, of 156, Victoria Street—on December 21st Marling brought me a pin, a gold albert chain, and a fur-lined overcoat, all at the same time—I advanced him £4 on the jewellery; he did not pledge the overcoat at that time, as I would not give him what he wanted, £5—I made out these two duplicates in the name of Marling, 16, Warwick Square—he had been in the habit of pledging jewellery with me before; he had redeemed and pledged the same things again—he came on December 21st a second time, between twelve and one, about ten minutes after his first visit, and then pledged the overcoat for £1 15s.—another assistant wrote out the ticket in the name of Marling, 10, Warwick Square.
Cross-examined by MR. ABINGER. I have known him as a customer for three or four years.
Cross-examined by MR. ABINGER. Mine is a well-conducted house.
JOHN McCARTHY (Re-examined). I went with Whitlock to 57, Castle Street, and in Mailing's room I found twenty-eight pawn-tickets in different names and addresses, mostly relating to such property as men carry with them.
Saunders, in his defence, stated that the prosecutor came up and spoke to him, and asked him to have a drink, and that he afterwards gave him the things:
SAUNDERS— GUILTY of Robbery.
MARLING— GUILTY of Receiving. McCarthy stated that the prisoners were addicted to indecent and unnatural practices.— Five Years' Penal Servitude each.
231. ROBERT McINTYRE (56) PLEADED GUILTY to unlawfully and maliciously writing and publishing a false and defamatory libel of and concerning Sir Andrew Lusk, Bart., John Robert Freeman, and others, the Director and Secretary of the General Life Assurance Company.— Judgment Respited. ( The prisoner was released on his Recognizances, and with an intimation that if he produced sureties at the next Session he would be discharged upon Recognizances. )
NEW COURT.—Tuesday, March 9th, 1897.
Before Robert Malcolm Kerr, Esq.
PLEADED GUILTY to burglary in the dwelling-house of Claud Ernest Turvey, with intent to steal; Johnson having been convicted at Marl-borough Street, on December 13th, 1892.— Twelve Months' Hard Labour each. And
233. JAMES CLARK (45) , to unlawfully attempting to break into the shop of Summers and Co., Limited; also to breaking and entering the shop of Gadsden and Son, and stealing a saw and other articles, the goods of Samuel Stead. Several other convictions were proved against him.— Eighteen Months' Hard Labour. [Pleaded guilty: See original trial image.]
MR. MOORE Prosecuted.
EDWIN POLLARD (Detective Sergeant A). On February 10th I followed the prisoner in Vauxhall Bridge Road, carrying this bag; I told him I was a police officer, and should take him in custody, and asked what he had in the bag—he said, "Some spirits"—I said, "What spirits?"—he said, "Some whisky"—I found two pint bottles—he said he bought it at a public-house, which he did not know the name of—I told him I had followed him the morning before; he made no reply—I went to his lodgings, and found this flask, three empty flasks, and a quantity of knives, forks and plates (produced).
JOHN WILLIAMS . I have been head cellarman to Moore and Co. twenty-two years—the prisoner was engaged last Christmas as an extra hand in the cellars—I have only given him a little whisky in a wine-glass—these bottles belong to my employer; I identify this whisky—(Tasting it)—it is over proof, and was not on sale; it came out of our large vats.
The Prisoner's Statement before the Magistrate: "Every drop of that whisky was given to me by John Williams, the head cellarman; instead of drinking it drop by drop I saved it."
Prisoner's Defence: Every day John Williams, the head cellarman, gave me a little whisky, and on Saturday a larger quantity, and, instead of drinking it, I saved it day by day and week by week, till I had the quantity I am charged with stealing, and I was removing it, as I was changing my lodgings, owing to their being unfit for habitation. The things found were not in my lodgings at the time of my arrest; they must have been put there. Could they have searched my room, and not seen them at first?
NOT GUILTY .
MR. MOORE Prosecuted.
CHARLES MOORE . I am managing director of B. A. Moore and Son, Limited—I engaged the prisoner at Christmas, and he remained till his arrest—in addition to his salary, he had his meals, and used the knives, forks, and plates—I identify these articles; they have our name on them; I never gave any of them to him.
Cross-examined by the Prisoner. You did your work properly and honestly, as far as I know.
name on the blade, a champagne knife and six forks—on the night of February 20th I only searched for spirits, as, owing to the stench in the room, I left—about a week afterwards I went again, as the County Council wanted to take possession of the room, and while searching I picked up one of these knives, and then found the rest.
Cross-examined. I did not see them before, because I did not open the cupboard door, as I had not to look for knives and forks.
J. WILLIAMS. I identify this champagne knife—I asked the prisoner several times about it, and he said that he had not seen it—I never gave him any of these plates, knives, or forks.
Prisoner's Defence; These things were not there when they searched the room; they have been put there since. It is quite possible John Williams put them there; there are several keys in the house which open my door.
GUILTY .—He was further charged with having been convicted at this Court on January 27th, 1892.
Cross-examined. I did not give evidence against you at the Police-court, because I was not called—you have also had three months on another charge.
GUILTY†.— Five Years' Penal Servitude.
MR. OLDFIELD Prosecuted, and MR. PURCELL Defended.
WILLIAM MCARTHUR (Police Sergeant S). Early on January 30th I was in Maryland's Road, Paddington, with Detective Burrell, and saw the prisoners walking towards Harrow Road; they stopped about No. 360, turned to the left, and went to the Avenue, No. 7, a jeweller's shop—I heard something heavy drop, and they left the door about the same time that we did, turned the corner hurriedly, and we followed them; they went into the Mews, and into Horseferry Road again—I went after the prisoner, and stopped him when he had gone eight or nine yards—he said, "What do you want me for?"—I said, "Being a suspected person"—I took him back, and found Burrell had Routledge in custody—we went back to the shop, and tried the door and the gate, and Boules picked up this jemmy; I handed it to the station sergeant.
Cross-examined. Ridler gave his address as in Clarendon Street;. I went there, and found he was not living there, but he was living in the same street—Burrell was by my side, and had the same opportunity of seeing them as I had—both their backs were turned towards us—we were fifteen or twenty yards behind them when they started down Harrow Road—I was about thirty yards behind them when they turned into Sutherland Avenue; the Mews is on the right, and they had got half-way through the Mews before we got to the corner—we got sight of them when they turned into Amberley Road—I did not say before the Magistrate, "This man spoke to me first."
a gateway—they then went on to No. 7 in the Avenue—I heard something drop, apparently an iron instrument, and they went through Fosket Mews, and into the Harrow Road again, and separated over the bridge—I followed Routledge—he had not left Ridler more than five yards then; I told him I was a police officer, and had seen him loitering about shops—I took him back, and knocked at the door—I saw marks on the door, and picked up this jemmy—I asked him what it meant—he said, "I know nothing about it."
Cross-examined. I always take a prisoner back if he wants it—I do so if he wants to see his wife—I did so once before, because I was going right past the door—the prisoners turned five turnings while we were after them.
Re-examined. Two of those five turnings were before we got to the shop in Sutherland Avenue—I found a small dent on the door, and another near the lock; the jemmy corresponded with them.
GUILTY .—RIDLER**— Eighteen Months' Hard Labour. ROUTLEDGE— Nine Months' Hard Labour.
237. EDWARD SHEPHERD (45), ROBERT SIMPSON , and ANDREW GREENWOOD (59) , Stealing 2 cwt. of lead cuttings, the property of James Sheffield, the master of Shepherd and Simpson; Shepherd having been before convicted.
SHEPHERD PLEADED GUILTY .
MR. ABRAHAMS Prosecuted, and MR. BURNIE Defended Greenwood.
WILLIAM JOHN TOZER . I am foreman to Messrs. Sheffield and Co., builders, who are rebuilding the Lea Tavern—Shepherd and Simpson were working for me in October—on October 8th Simpson asked me whether I had anything else to take back in the cart—I said, "I did think of sending the lead cuttings, but I cannot find them"—I gave them in custody—the lead has never been found—I do not know Greenwood.
ROBERT RAVELL . I am watchman to Messrs. Sheffield and Co.—on the evening of February 6th I was watching outside the Lea Tavern, and saw Shepherd go up the lane, and come back with Greenwood—they went to Simpson's house, called him out, and brought a barrow out, and a bag of lead, and all three went away together—I met them on the road, and said, "Mr. Simpson, you have got your full cargo," and he ran away.
Cross-examined by Simpson. I saw you bring the bag of lead out, and put it on the barrow.
Cross-examined by MR. BURNIE. I followed the barrow some distance—Simpson was just behind; Shepherd was drawing the barrow, and Greenwood was by his side.
SAMUEL LEE (Policeman.) On February 8th, shortly after seven o'clock, I went to the Lea Tavern, and saw Simpson—I told him there had been some lead stolen, and he had been seen wheeling a barrow—he said, "I and Shepherd went and got the lead; we shoved it into, my passage. Shepherd and I went and fetched Greenwood. Greenwood arranged to buy it of Shepherd. He went and fetched a barrow. I put the lead in it, and Shepherd wheeled it round to Greenwood's house. Greenwood took it inside his house, and gave Shepherd half a crown. He gave me 1s. 2d., my share. The lead was in two bags; we shot it into a big one."
MR. BURNIE called
EDWARD SHEPHERD (the Prisoner). I was in the employ of Messrs. Sheffield—on February 6th I was working at the Lea Tavern—I and Simpson were together; we carried the lead off the building, and took it to Simpson's house, and left it there three or four hours, and then went to Greenwood, who lives in Chapman Road; and Greenwood and I went back to Simpson's; we all went in—I fetched a barrow, and Simpson took the lead to Greenwood's house—Greenwood stood there, and gave me 2s. 6d.; I paid 2d. for the hire of the barrow, and divided the rest.
Cross-examined. Lee took me into custody; I said nothing, but I said at the station that I was connected with it—Simpson and I were charged together, but I said nothing—I was asked at the Police-station if I desired to say anything—I said, "No, sir"—I have not been talking to Lee since I have been committed—I asked him yesterday afternoon if I could make a statement—he said, "Are you going to plead guilty?"—I said, "Yes"—he had asked me nothing; I thought my making a statement would help me—this was outside the Court—he did not take my statement then; he took it yesterday evening, after the Court had adjourned; he came to my house.
WILLIAM KEMP (Policeman). On the evening of February 8th I went to Greenwood's house, 9, Chapman Road, but did not find him; I found him at 4, Oxley Buildings, and woke him up at two a.m.—I said that I was a police officer, and should take him in custody for stealing a quantity of lead cuttings—he said, "All right, governor; I know what you want; I will come quiet if you will let me alone; I know nothing at all about it; if I buy anything, I must put up with it; there is no climbing golden stairs for me now; I am over fifty years"—at the station Lee took down Simpson's statement, and Greenwood said, "I hear what he says; I know nothing about it"—I afterwards went to Greenwood's house, and found several boxes of india-rubber balls—he requested me to see his wife—she said, "We bought them straight enough, and have got the receipt upstairs"—going to the station, Greenwood said, "I bought them on the stones"—that is, the Caledonian Cattle Market, everything is sold there—if he bought them six months before, I should expect him to know the person he bought them of—I searched Greenwood's house, but found no lead—I then went on to the other house, and found him in bed, and his wife endeavouring to conceal the balls in his absence, about nine o'clock—I brought him back to Chapman Road—he said, "I can't help what she does"—it is seven or eight minutes' walk from Roll Road to Chapman Road, and about the same distance to the station.
JAMES RILEY . I am warehouseman to Robert White and Co., of 78, Houndsditch—these india-rubber balls are their property; I missed them about three weeks ago—we have sold a lot, but, on examining our boxes, we missed ninety-five boxes; that is ninety-five dozen—I do not know Greenwood.
Cross-examined. We sell great quantities wholesale only.
SIMPSON and GREENWOOD— GUILTY .
SIMPSON then PLEADED GUILTY to a conviction at Dalston on April 22nd, 1890.
SIMPSON— Four Months' Hard Labour.
GREENWOOD*†— Twelve Months' Hard Labour.
SHEPHERD— Four Months' Hard Labour.
OLD COURT—Wednesday, March 10th, 1897.
Before Mr. Justice Grantham.
(For the Cases tried this day, tee Surrey Cases.)
NEW COURT.—Wednesday, March 10th, 1897.
Before Mr. Common Serjeant.
MR. MOORE Prosecuted; MR. BURNIE appeared for Jones, and MR. PURCELL for Quinn.
JAMES WILSON . I live in Cumberland, and am a ship's donkey engine-driver—on February 22nd I left my ship, and was paid my wages, £15 10s., which I had in gold in my pocket on the 23rd, in a brown paper bag; I also had a few coppers and some ship discharges from the Naval Reserve—I was going to Euston Station, to go home to Cumberland—I went into a public-house, and met the prisoner, Jones; I had never seen him tefore—I was sober—he said, "Old man, have a drink with me"—I said, "I don't want to have anything to do with you"—he followed me to a fried fish shop—I had some fish and potatoes, and when I got out of the shop he was behind me—I had taken half a sovereign out of the bag containing the gold in the public-house—Jones was there then, and had an opportunity of seeing it—he put his hand in my pocket in the public street—Quinn, who was with him, kicked a pin out of my right knee—my money fell on the ground; I picked up as much as I could, and they ran away—I got hold of Jones by his wrist; he struck me several times on my neck; I kept hold of him—Quinn struck me on my head, and bit my knuckles, when I had hold of him—I gave them in custody.
Cross-examined by MR. BURNIE. I was going by the midnight train; I was paid off at three o'clock the day before, and I went on board the ship, and stopped all night, and went to Gower Street by railway—I got there about 9.30—I had a mate with me in the afternoon for two hours, but he had left me; he was not in the public-house where Jones was—I went into one or two public-houses in the afternoon—I had three pints of beer—the bag of money was in my coat breast-pocket—he got the bag, and after I gripped him by the wrist the money dropped on the ground—it all took place very quickly—there were a few people in the street; I ran after the man, about two dozen yards, calling "Police"—I believe there was a third man there—my mate had been paid off, too; he lives in Cumberland too, but not in the same district—I do not Know whether he was" going to Cumberland.
By the COURT. I heard Quinn say to Jones, "God blind me! take off your jacket, and get away"—they were both together.
Cross-examined by MR. PURCELL. Before they ran I picked up £5, but people commenced to gather round the gold on the pavement; I then ran after the two thieves, and the police found me holding them where I had
stopped them—that was not 200 yards from the fried fish shop—I do not recollect an inspector saying that I was drunk—I saw Quinn picking up the gold.
Re-examined. When I was picking up the money I had a good opportunity of seeing their faces—I ran about twelve yards after them; I mean twelve paces—I seized the prisoners twelve paces from where I was robbed—I was robbed twelve paces from the fish-shop.
ARTHUR AINGER (Policeman 43). On February 23rd I was attracted by shouts in George Street, Hampstead Road, and saw the prosecutor struggling with Jones, who said he had been robbed of his money by two men; he was only holding one man—I took Jones; he had no coat on; his coat was lying in the road—on the way to the station he commenced making a statement; I cautioned him—he said, "I know he had gold and silver on him, but I have not robbed him"—at the station he said, "I picked up two half-sovereigns, and handed them to the prosecutor."
Cross-examined by MR. BURNIE. Two lads came to the station and picked out two other men—the lad who served in the shop gave a description of two persons; they were brought to the station, and the boy picked out somebody else.
Cross-examined by MR. PURCELL. I found Wilson, with a crowd of men round him, struggling with Jones, and when I was moving with Jones away from the crowd I saw Quinn standing in the crowd—Wilson did not say to me, "Take that man, too"; he said that to another constable in my hearing—Williams was with me; he handed Quinn to a third constable, who is not here, and followed behind—Wilson did not say at the station that Quinn had tried to rescue Jones, but he said that he had hit him about the head while he was holding Jones—Wilson was not drunk.
By the COURT. One of the prisoners said that Wilson was drunk, and the inspector said that he might have been drinking—he was able to give an intelligent account of what had happened—I saw his shin; a piece the size of a 5s. piece was kicked off; a drunken man could not have pointed it out like he did.
JOHN WILLIAMS . (146 S). On February 23rd I heard cries of "Police!" in George Strwet, and saw Wilson and the two prisoners, and several people round him. I went up with another constable, and saw Wilson holding on to Jones, who told me to take him in custody for robbing him—I did so—Quinn was standing by, and Wilson said, "There is another one," and I took hold of Quinn; he looked at Wilson, and said that he had made a mistake—I handed him over to another constable, as Wilson said that there was a third party, and I was looking for him.
Cross-examined by MR. BURNIE. That was thirty or forty yards down the street—George Street is a good way from Euston Station; it runs from Gower Street to the Hampstead Road.
Cross-examined by MR. PURCELL. I searched Quinn at the station, and found on him eightpence, of which twopence was in bronze—Wilson was perfectly sober—he gave an intelligible account of the injuries he had received, and showed his knee and ankle.
A. AINGER (Re-examined). Jones refused to give his name and address; he gave the name of Jones at the Police-court, but no address; I know
nothing about him—I know of no convictions against him—he has been seen by the warders, and not recognised as a convicted man—Quinn gave his correct name and address.
GUILTY .—Quinn then PLEADED GUILTY to a conviction at the Thames Police-court, in the name of James Donovan, on February 10th, 1896; he had also been four times convicted of assaulting the police.
JONES†— Five Years' Penal Servitude.
QUINN— Six Years' Penal Servitude.
MR. LYNE Prosecuted.
CHARLES HAMILTON . I am a carman in the employ of McNamara and Co., Limited, of Cox Street, Finsbury—the prisoner used to drive the van when I was van-boy—on January 28th, about 12.50, I was going up a court, and he was coming out—he said, "Hurry; it is dinner time; take your sheet to the warehouse"—I did so—he was not in the employ then—he told me he was employed by the firm—I took one which I had delivered wrong, in my hand—I left him with a case, and said, "Where is my sheet?"—he said, "I have got your sheet"—I thought it was all right—I never saw him afterwards—he has signed the sheet, "Nicholls"—I am sure he is the man.
Cross-examined by the Prisoner. I did not know then you were at work there—when you met me you had my load in your hand—I had forgotten your name; I did not leave you to go to Hanson Street—you gave me twopence, beer money, and said, "I will sign your sheet"—you lifted the case on the trolly, and went away with it—I did not ask you to meet me in a public-house at nine o'clock that night; that is not true; nothing of the kind took place.
RICHARD REYNOLDS . I am a greengrocer, of 24, Finsbury Market—on January 25th, between three and four p.m., the prisoner came to me with a trolly, and a large box on it—I let him have a barrow, and he left the trolly—he said he could not get the case into the office at Shoreditch—he did not bring the barrow back, but it was brought back in pieces a fortnight ago.
Cross-examined. You said that the carman told you to tie it with a rope.
GEORGE HENRY BEAMANT . I am dispatch manager to Dent, Allcroft and Co., of Wood Street—on January 25th five cases of shirts were delivered there from McNamara's; we expected six—we missed one containing eight dozen shirts—I did not sign the delivery sheet.
THOMAS DOWSE (City Detective Sergeant.) On February 11th the prisoner was brought to Moor Lane Station—I said, "Your name is Norton?"—he said, "Yes"—I said, "You will be detained for stealing a box out of Messrs. McNamara's van"—he said nothing; he was placed with others, and identified by Reynolds, and the carman identified him afterwards—he said he should plead guilty.
Cross-examined. You said to the gaoler, "If I get this over I will plead guilty to-morrow"—I said, "That is not a matter for me"—I gave you a paper.
we are going to charge you with stealing a box and a truck, from Wood Street on January 28th"—he said, "I know nothing about it."
Cross-examined. I should not have stopped you if you had not run away.
Prisoner's Defence: The case was as high as this, and I had to come right through the City.
GUILTY . He then PLEADED GUILTY to a conviction at the Mansion House on May 10th, 1895; and eight summary convictions were proved against him.— Three Years' Hard Labour.
241. WILLIAM MORRIS (22), DAVID ASHMORE (19), and FRANK DOUGLAS (18) , Burglary in the dwelling-house of Peter Gotto, and stealing jewellery, value £400, his property; and MAUD HUGLESTONE (17) and EMMA HUGLESTONE (43) , Feloniously receiving the same. Morris and Ashmore having been previously convicted, to which MORRIS, ASHMORE and DOUGLAS PLEADED GUILTY .
MR. PURCELL Defended the female prisoners.
ALFRED ROLLINS (Detective Inspector S). I arrested all the prisoners—I obtained a warrant, and on January 28th, with other officers, searched 59, Great Peter Street, Westminster, a wardrobe shop—I saw the female prisoners there, and enumerated the articles missing—the elder prisoner said that she had none of them—the robbery was three weeks before this—after the search Emma brought down some forks, and said she did not know whether Maud had bought them—I saw two brushes; she said that she had had one of them in her possession two years—there is a name on it, either of the maker or the owner—the female prisoners were not charged at Hampstead with the male prisoners—I remember Ashmore signing a statement; Morris spoke at the time—the other prisoners were not present.
Cross-examined. The elder female prisoner is the proprietor of the wardrobe shop; she has also a stall in Horseferry Road, close to a public-house—I did not find any of the goods exposed there—Mr. Haines is the publican.
WILLIAM BROWN (Police Sergeant S). I examined the premises with Inspector Rowe—I went on June 28th to this shop in Great Peter Street, and saw the two female prisoners—I accompanied Maud to the first floor, and found three knives and a spoon, and under the mattress four knives and two spoons—she said she bought them of a man with a barrow a week ago—I said, "How much?"—she said, "Threepence for the knives, and threepence for the spoons"—I said, "Did not you think them cheap?"—she said, "No; I often buy things that way in the Lane"—I said, "What Lane?"—she said, "Petticoat Lane"—Mr. Gotto has identified these knives and forks—I drew her attention to the crest, a griffin, which is on all the spoons—she said that she did not notice it—Maud lifted the mattress before I offered to do it—she said that the place was not safe, and that was why she put them there.
Cross-examined. The door was open; there was no lock to it—there
were knives, plates, cups, and saucers on the table, and then I found these spoons—the house is let out in lodgings—she said she gave sixpence for the brush—I went away, leaving both prisoners, and went again next day, and apprehended them both—I went to Mr. Prentice's, and found twelve knives and two dozen forks—the knives had no crest—I found at Hayes, the publican's twelve knives and four spoons—the property stolen amounted to about £400.
GEORGE PRENTICE . I bought some knives and forks on a Saturday of the female prisoners, for 6s.—I bought them for brass—I did not notice the crest.—I sent a little boy round to see if she had any small ones, and I bought half a dozen small knives for two shillings, and the prisoner Maud brought another dozen knives and forks, which I identify.
Cross-examined. The woman keeps a stall near my shop—I did not see them on her stall—she came and asked me if I wanted them—I thought the griffin was a trade-mark.
JAMES HAINES . I am a licensed victualler, of 152, Horseferry Road—on January 16th I bought a job lot, a dozen knives, of the prisoner Emma, in the bar, for 14s. or 14s. 6d.—they had no crest on them.
Cross-examined. February 8th was the first day I went to Mr. Haines or Mr. Prentice.
PETER GOTTO . I live at West Heath House, Child's Hill—on February 7th or 8th my house was broken into, and the property here is part of what was stolen from my premises—they are metal-plated, and bear my crest—the knives are worth 3s. 6d. or 4s. each; they are Rogers' best, and the forks came from Rogers'—the others are worth 2s. or 2s. 6d.—some of them have only been used once or twice, and some not at all—this is a list of the articles stolen.
MAUD and EMMA HUGLESTONE— GUILTY .
EMMA HUGLESTONE to enter into her own Recognizances to come up for judgment if called upon Judgment Respited, and admitted to bail, being near her confinement.
MORRIS*— Twelve Months' Hard Labour.
ASHMORE**— Fifteen Months' Hard Labour.
DOUGLAS— Nine Months' Hard Labour.
OLD COURT.—Thursday, March 11th, 1897.
Before Mr. Justice Grantham.
MR. DRUMMOND Prosecuted, and DR. BERNARD O'CONNOR and
FRIDES LEACH . I am a widow—I live at 3, Clare Court, Clare Market—I go out washing, charing, and anything to get my living—I have known Collins a twelvemonth last August—he was my lodger—I have two rooms—in his room are two beds—Curley came on February 13th, about two o'clock, with Collins—they were not quite sober—Collins sold me he had brought a new lodger home—I said, "Halloa, Curley, yon don't want lodgings; go home to your wife"—I knew Curley—he said he
would not go home, for he had had a few words with his wife, and if he did not stop with me he would go somewhere else—I said he might stay—the two men sat down by the side of the fire; then Collins asked me to go and get a pint and a-half of ale and a quartern of rum—when I brought it they were talking about work—they are labourers' scaffolders—Curley gave me money to get another quartern of rum and another pint of ale—that was about 3.35—when I returned, Curley said he would go to bed—when he had had his drop of drink I showed him into the bed room occupied by Collins—Curley had a fall, but got up all right, and got into bed—he did not hurt himself—Curley said, "Go and get Dick something to eat; he has not broken his fast to-day"—Collins was in the room—when Curley was sitting in the front room he dropped asleep, and I got tea ready—he asked me to go out and get him something for tea—I said to Collins, "Will you take this piece into Curley?"—he said, "No, eat it yourself"—it was bacon—I said, "No, I will take it into Curley, and a cup of tea"—he said, "I will take the tea in"—he said, "Here, old boy, this is the best cup of tea you have had this week"—he gave the tea to Curley—Collins went to bed then, and after Curley had drunk his tea he asked me if I would fetch him another quartern of rum and a pint of ale—that was about six p.m.—when Collins went to bed I went into the other room—about nine p.m. I heard a knocking at the wall for me to come, and Collins asked me to fetch him half an ounce of tobacco—I heard him say, "You have done me for three quid"—I said, "You see what, you gave me; one bright penny, and one black one"—Collins said, "Go and get my tobacco, will you?"—I was away about five minutes—I went into the bedroom to take the tobacco, and saw Curley lying behind the door—he was bleeding very fast from the left side of his head—he was in his night-shirt, and the bed-clothes were laid across his legs—Collins was standing up in the bedroom in his night-shirt—I said to Curley, "Do get dressed, and go down to the hospital"—Collins then threw a jug at him—it bad been standing on the drawers—he was about two yards from Curley—the jug "catched" Curley over the left eye—it broke in pieces—Curley said, "Dick, do you mean to do for me quite?"—Collins said, "Once you gave me a black eye, and now you have got one; if I do not live with my wife I have the same respect as if I did"—I tried to get Curley dressed to get him to the hospital—wheh the jug was thrown he was in a sitting position behind the door—I helped to dress him—Collins said, "Have you had enough?"—Curley said, "Be a man, Dick; if you had wanted anything, why do not you come out, and have it out?"—Collins hit him again in the eye with his fist—I got Curley downstairs as soon as I could—a policeman was there—I did not see them fighting—when the policeman came Collins said, "He had no right to take liberties with an old woman"—he remained upstairs—the policeman went upstairs with Curley—Curley said to me, "Did I take any liberties with you?"—I said, "No"—that is true—the chamber was there all right when I went for the tobacco—when I came back it was broken in several pieces—on Sunday morning I searched Collins' bed—I found three half-sovereigns and a sovereign wrapped up in a piece of paper betwixt the bed and the mattress, about half-way down the bed.
Cross-examined. Curley was conscious, and gave an intelligent Account to the policeman of how he came to be there—I have heard that an
abscess was found on his brain at the post-mortem examination—he had not complained to me of pain upon his brain—I said before the Magistrate, "As he was going into the room he fell down; he was not quite sober"—he had been in bed then—I do not know what got him out of bed; I was not there—Collins was not very drunk, for Clare Market; he could stand easily—he had been in about five hours when it happened—I do not know that he had spent 16s. in public-houses.
LOUIS KIBBARD (206 E). I was in the vicinity of Clare Market when I was called to No. 3, Clare Court—I saw Collins in the back room on the second floor—I had met the deceased at the front entrance—he was covered with blood; it was running from wounds in the head—he followed me upstairs and said, "That is the man that has done it, and I will charge him"—Collins said, "It serves you b——well right; you had no right to take liberties with a woman"—shortly afterwards Police Constable 73 ER arrived, and the deceased was advised to go to the hospital—before going he said to Mrs. Leach, "Did I ever attempt to take liberties with you?"—she replied, "No"—then Curley and the other constable left for the hospital—I said to the prisoner, "You must come with me to the Bow Street Police-station"—he said, "I shan't b——well go with you," and struck me on the left side of the face with his fist—I struggled with him, and threw him across the bed in the room—I had to threaten him with my truncheon—he then said he would go quietly—he then went quietly—I took him to Bow Street Police-station—when Curley came from the hospital he charged him—the prisoner said, "It serves you b——well right; I have owed you this for years"—after the charge was taken I went back to the house, and got permission of Mrs. Leach to go into the room, where I found the broken jug and chamber (produced,) stained with blood—the blood is on the bottom of the chamber—I could not say whether Curley was drunk, he was so much cut about—Collins was not very drunk—Curley could walk.
CHARLES ELLIS (42 ER). About 9.30 p.m. I was called to No. 3, Clare Court—I went upstairs, and saw the prisoner with Curley and Mrs. Leach—Curley was cut about the head and face, and covered with blood—I heard the conversation about taking liberties with the woman—I took Curley to King's College Hospital, where he was attended by the house surgeon, and the wounds stitched.
JOHN HOPKINS . I am house surgeon at the Central London Sick Asylum, Cleveland Street, West, where patients are received from the workhouse, the deceased was sent there from the hospital on February 15th—I examined him, and found wounds on the head—he was dazed, and during the time I examined him he had a fit—the wounds had been stitched up—he had been in the Bell Yard Infirmary two nights—the fits continued to occur for three days—they were convulsive—they were symptoms of injury to the brain—the fits ceased, and he continued to improve till the 27th, when symptoms of pressure on the brain showed themselves, and he died at 1.10 the following morning—I made a post-mortem examination—ontheboneof the skull was a linear indentation on the posterior part of the top, running to about half an inch—on opening the head and the outer membrane that cover the brain, I found beneath it about a small teacupful of blood pressing upon the brain, partly clotted and partly fluid, and firmly adherent to the outer membrane—the firm adhesion
points to the fact that hemorrhage had taken place some days before death, and the fluid possibly later hemorrhage—the cause of death was pressure of blood on the brain—in my opinion the effusion of blood was caused by injuries received—I have heard the evidence—the injuries described might cause it—they might have caused the indentation, which I should say occurred at the time the wound was inflicted on the back of the head—there was no abscess on the brain—the fits were caused by the effusion of blood on the brain, in my opinion.
Cross-examined. The fits did not recur—the asylum is a general hospital, and not a lunatic asylum—it is a public institution, supported by the rates—the wounds on the top of the head and on the face had been stitched—there was no obvious injury to the brain—the membrane of the brain was not injured—the blood clot was caused by blood escaping from blood vessels—I discovered no broken blood vessels—the skull not being injured, the force would be transmitted inwards—if the skull had been broken the sharp edges might have cut the blood vessels—the skull not being broken, the injury might be found on the opposite side of the brain—in my opinion, the force was transmitted from the curved hard surface to the softer surface below—the deceased said he was thirty-three years of age, and he looked about that—a drunken man might fall with sufficient heaviness to cause the condition of the skull I found—I could not account for the injuries apart from some violence—there was no suggestion of apoplectic condition in this patient—I said at the Police-court that "the clot of blood was due to some violence, but I will distinctly say that it was due to the violence which caused the indentation," I made an addition to that—I have not examined the earthenware—the blood on the bottom of the chamber might have come from contact with the floor—there is just a faint trace of blood there.
By the COURT. This asylum has been established about twenty-five years—every parish in the metropolis has a similar institution—they are sometimes called infirmaries—there was nothing internally to suggest disease; I looked for it—the clot may have blocked the opening of the blood vessel for a time, and then something may have re-started the bleeding, but the causa causans of it must have been violence.
GUILTY .— Twelve Months' Hard Labour.
THIRD COURT.—Wednesday and Thursday, March 10th and 11th, 1897.
Before Robert Malcolm Kerry Esq.
243. FRANK HURST BARNES (43) and FLORENCE MIZEY HURST BARNES (35) , Unlawfully conspiring to obtain, and obtaining, by false pretences, from the London and Lancashire Fire Insurance Company, cheques for £17 and £8, and conspiring and attempting to obtain money from the North British and Mercantile Fire Insurance Company, with intent to defraud.
FRANK HURST BARNES PLEADED GUILTY .
MESSRS. HORACE AVORY and BIRON Prosecuted.
AUGUSTUS DOVE , M.D. I practise at Crouch End—I have been in attendance on Claude Harrison for some weeks—he is suffering from bronchitis and congestion of the lungs—it would be dangerous to his health for him to come here as a witness.
GEORGE CLEAVER . I am manager to Mr. Chew, an auctioneer and surveyor, at his branch office, Maryland Point, Stratford—he is an agent for the North British and Mercantile Fire Office—in October, 1896, the female prisoner came to see about effecting an assurance—she represented herself as the wife of Frederick Hurst—I afterwards found out she had gone by the name of Barnes—she said she wanted to insure the goods in her house, 61, St. Mary's Road, Plaistow, against fire—I showed her this proposal form—I filled it up, she giving me the necessary instructions, and signing it for Frederick Hurst—she paid 3s. as a deposit for the premium—I asked her whether she was the wife of Frederick Hurst; she said she was, and I wrote under her name "wife"—after she had left I recollected that the questions on the back of the proposal form had not been answered—amongst them were questions as to whether any claim had been made before, or whether they were insured in any other office—I sent a postcard to 61, St. Mary's Road—on November 2nd the female prisoner called again, and I filled up the answers on the back of the proposal form from the answers she gave—I think at the Police-court she said she was not the male prisoner's wife, and that she had not said so.
HENRY BUCKINGHAM . I am a surveyor, in the office of Brown, Roberts and Co., of the Poultry—upon instructions from the North British and Mercantile Insurance Office, I called at 61, St. Mary's Road, Plaistow, on December 17th, 1896, to investigate a claim for loss by fire—I saw the female prisoner, and asked her if Mr. Hurst lived there—she said, "Yes, I am Mrs. Hurst"—I said that I represented the North British and Mercantile Insurance Company, and had come with reference to the claim for loss by fire—I asked her how it occurred—she said she was going to the railway station to see some friends off who had been visiting her, and the tire occurred in a cupboard in the first floor front bedroom, and was caused by a spark from a match she had used to get something from the cupboard—I asked what her husband was, and if he was at home—she said he was employed as a store-keeper on an Atlantic liner, and that he had gone to town on the business of the Cunard Company—I handed her this form to be filled up—I asked if she or her husband had had any previous experience in making claims for losses by fire, or had had any previous fires, and she said, "No"—I asked to see the cupboard, and she showed it to me in the front room, first floor—I examined it—it appeared clean—there was evidence of some damage of fire at some time, but, in my opinion, it did not look aa if there had been a recent fire there—on the following day she called at our office, bringing with her this form, filled up as it now appears—it contains several articles of wearing apparel, described as having been destroyed or damaged by fire, beginning with a diagonal frock-coat, which cost £2 5s., and is claimed as worth £1 10s.—the total claimed is £17 19s., and it is signed "Frederick Hurst"—while she was in the office on the 18th, Mr. Collette, who is one of the surveyors in the office, was there—he spoke to
me, and, in consequence, I asked her again if she or her husband had had a fire before, or had made any claim on any insurance company for loss or damage by tire—she said, "No"—I asked if she knew there had been a fire in that house before—she said, "No"—I asked how long they had lived at St. Mary's Road—she said, "A few months"—Tasked her where she had previously resided—she said, "Somewhere in Kingsland"—I asked for the name of the street or road—she said she could not remember; she thought it was North Street—I said, "I happen to know the neighbourhood of Kingsland; there is no such street as North Street there; I shall be glad to know the precise address," and requested her to furnish it to me—then Mr. Collette took the matter up.
Cross-examined. When I called on you you did not gay that Mr. Hurst Barnes lived there.
JOHN MICHAEL JOHNSTONE . I am the English Fire Superintendent in the office of the North British and Mercantile Company—this is the policy under which the claim is made, dated November 24th, 1896—a claim was made, and the matter was investigated, and a report was made on the matter, and afterwards the matter was placed in the solicitors' hands to report to the committee.
RICHARD COLLETTE . I am a surveyor in the office of Brown, Roberta and Co., of 7, Poultry—about September 17th, 1896, I received instructions to investigate a claim made against the North British and Mercantile Company by people named Hunt, at 61, St. Mary's Road, Plaistow—I was at the office one morning when the female prisoner came there to see Mr. Buckingham—directly I saw her I recognised her as a woman I had seen in connection with a claim made in June, 1896, against the Imperial Insurance Company, for which we were then acting—I told Mr. Buckingham I recognised her—after that I went to 61, St. Mary's Road, Plaistow—the female prisoner opened the door to me—the man came from a back room—I asked them to show me where the fire occurred, and she took me up to the room, and showed me the same cupboard in which the previous fire had occurred—I asked to see the clothing which was the subject of the claim—I was taken downstairs, and some things were brought to me from a back wash-house—I immediately identified among them a pair of troupers which had previously been paid for by the Imperial Office—I told the prisoner that I was quite certain they were the same, and they were positive they had never had a previous fire, or made a previous claim—I said I was confident about it, and the best thing they could do would be to admit the fact, and I should want the North British policy—after some consideration the male prisoner advised the female prisoner to get the policy, and admitted that what I said was correct, that they had had a previous claim—the policy was then given to me, and I brought it away; it is the one produced by Mr. Johnstone—afterwards I drew up a report, which was submitted to the company—I had been to the same house, and seen the same cupboard, in June—the claim then was made in the name of Barnes—I saw both prisoners—they said that fire was caused by a lighted candle igniting. the clothing in the cupboard—this is the original claim made against the Imperial Fire Office, filled up by the male prisoner—I witnessed the signature—the sum claimed was £17 7s.—they accepted payment of £12 10s.—this is the receipt, signed
"Frank Barnes," in the same writing as the signature to the claim which I witnessed—the cheque for £12 10s. is endorsed in the same writing, I should say—I should think the signature, "Fredk. Hurst," to this second claim against the North British Company is in the same writing—the description of the articles claimed for in both fires is identical, but the prices differ; a diagonal frock-coat appears in both cases.
Cross-examined. You pressed me on both occasions to have some refreshment—I recognise you.
WILLIAM CRADDOCK . I am agent to the Imperial Insurance Company—in March, 1896, the female prisoner came to effect an insurance—she said she did not know how to go to work about it—this proposal form was filled up as it now appears—she gave the name of Frank Barnes as her husband's name, 61, St. Mary's Road, Plaistow—I subsequently handed her, at that address, the policy for £160 in the Imperial Insurance Office, and she paid the premium—when the claim was made on June 27th, 1896, I handed the cheque in settlement to the female prisoner, I believe; the male prisoner signed the receipt.
HENRY HILL . I live at 98, Douglas Road, Plaistow, and am agent to the London and Lancashire Fire Insurance Company, of King William Street—on December 1st, 1893, the female prisoner came about effecting an insurance in the name of Frank Lyons, her husband—she gave the address, 509, Barking Road, Plaistow—I asked whether he was already insured, and if they had had any fire before—she said, "No" to both questions—she wanted to insure for £150—she paid 3s., and left the balance till the policy was produced—I filled up the proposal form from directions she gave me—I forwarded it on to the office, and obtained the policy, and took it to 509, Barking Road, a week or fortnight afterwards—I saw the female prisoner, and she paid me the balance of 4d.—afterwards a change of address to 61, St. Mary's Road, was endorsed on the policy on August 31st, 1895.
ARTHUR PANTIN (Detective Inspector, City). I was present at the Mansion House during the investigation of this case—I saw Harrison called, and heard him give evidence in the prisoners' presence, who both had opportunity of cross-examining him.
The deposition of CLAUDE HARRISON was read as follows:—" I am an architect and surveyor, assistant to my father, 103, Cannon Street. In February, 1894, my father was instructed by the London and Lancashire Fire Insurance Company to investigate a claim with respect of a fire alleged to have taken place at 509, Barking Road, Plaistow. I attended at those premises to investigate the claim. This is the claim (J) sent me by the office, filled up as it now appears. I saw a man and a woman there, but at this distance of time I cannot recognise the prisoners. I had a conversation with the persons I saw, and examined the cupboard in the first floor room, where the fire was alleged to have taken place. There was the appearance of a fire having taken place there. After my conversation, I agreed to settle the claim, and pay £17 in settlement, and the male person I saw there signed this paper (K). The statement made to me by one or other of them (both being present) was that they were both going out, and previous to doing so the man went to the cupboard with a lighted pipe in his mouth, and he presumed a spark from it must have fallen unobserved on to some clothing.—CLAUDE HARRISON."
RICHARD COLLETTE (Re-examined). The signatures to this claim and agreement (J and K) are, to the best of my belief, in the male prisoner's writing. (The claim was for an alleged fire in February, 1894, at 509, Barking Road, caused by ashes from a tobacco pipe falling on clothes in a cupboard; and stated that Frank Barnes, the claimant, had no other insurance in any other office, and had not made a claim before; and the inventory of goods for which the claim was made was the same as before, beginning with the diagonal frock-coal, and amounted, to £22. By the agreement, Frank Barnes agreed to accept £17 in full settlement, and declared the policy was the only one effected on the goods.)
EDWIN FROST . I am a surveyor, of 74, King William Street, the office of the London and Lancashire Fire Office—this (L) is a cheque for £17, dated February 22nd, 1894, and drawn by the London and Lancashire Fire Insurance Company, and payable to and endorsed "F. Barnes"—this (M) is the receipt, signed "Frank Barnes"—in October, 1895, I went to 61, St. Mary's Road, Plaistow, taking this claim (O) to investigate a fire alleged to have taken place there—I saw the prisoners—I asked about the fire; the male prisoner, in the presence of the female, told me his wife had occasion to get some article of wearing apparel from the cupboard in the first floor front room, and they supposed the head of a lighted match must have fallen off, and fired some of the articles in the cupboard—I looked at the cupboard—I saw some of the articles that had been burnt—I asked the male prisoner what business he followed, and he said he was a ship's store-keeper—I asked him on what line or company, and he said the Glen Line—I asked him the name of the vessel—he told me a name which I had seen a day or two previous as at a foreign port, and I told that to Bui, and he said, "Oh, yes"; I am staying off this voyage—afterwards the claim was settled for £8, by this cheque—it is endorsed "Frank Barnes"—this receipt for it is signed "Frank Barnes"—this is the policy (N)—it was cancelled.
Cross-examined. I cannot remember you; I dealt with the male prisoner.
FRANK RUSSELL SELLAR . I am a clerk in the surveying department of the Liverpool, London and Globe Insurance Company—on April 14th, 1896, I attended at 61, St. Mary's Road, Plaistow, to investigate a claim made on our office by Frank Barnes, taking with me this claim, which had been sent to the office, amounting to £13 17s.—I saw both prisoners—the claim alleged the fire to have taken place through a lighted match—there is an inventory of goods destroyed and damaged—we agreed ultimately to settle the claim for £10—the male prisoner signed this agreement, which declares that the policy is the only one in force—this is the policy under which the claim was made; it was taken out in March, 1894; the goods were then at 509, Barking Road—the removal of the goods to 61, St. Mary's Road was sanctioned by endorsement on the policy—the premium for this policy had been paid in 1896, and was in force till Lady-day of that year.
SIDNEY ERNEST WAYLAND . I am agent to the Liverpool, London and Globe Insurance Company, of 380, High Street, Stratford—on March 16th, 1894, a proposal was made to effect an insurance by the female prisoner, and I filled up this form by her instructions, and forwarded it to the head office in March, 1894—in May, 1896, she called again
concerning a claim which she had on the office, and as to which a cheque was mislaid or delayed.
RIGBY KEWLEY . I am a clerk in the Liverpool, London and Globe Insurance Company—on July 9th, 1894, I went to 509, Barking Road to investigate a fire which it was suggested had occurred there—the claim for £21 1s. alleged the fire was in a cupboard in the first floor front rooty—I saw both prisoners, I believe—we ultimately agreed by this agreement to settle the claim for £18—Frank Barnes signed it in my presence—this is the company's cheque, endorsed by Frank Barnes, and this is the receipt signed by him—those signatures appear to be in the same writing as the signature to the agreement to settle—this is another cheque for £10, dated January 2nd, 1896, paid in connection with a second fire on the same premises—it is payable to and endorsed "F. Barnes"—the endorsement I should take to be in the same writing as the other signatures.
GEORGE HEBDON ROBERTS . I am an auctioneer and surveyor—on August 29th, 1893, I attended at 509, Barking Road, Plaistow, on behalf of the Westminster Fire Office, to investigate a claim that had been made on them for loss by fire—I took with me the claim and the list of articles alleged to be damaged—I saw both prisoners—the man said, in the woman's presence, that he had occasion to go to a cupboard in which his wife's clothes were kept, and he was smoking at the time, and he supposed a spark must have fallen from his pipe, as shortly after the things were found to be on fire—the amount claimed was £22 3s. for men's and women's wearing apparel, beginning with a diagonal frock-coat—I was shown burnt remnants of the articles—we agreed to settle for £20, and Frank Barnes signed the agreement to accept that—on September 19th, 1895, I went to 61, St. Mary's Road, to investigate Another claim on the same office, taking with me this claim, made under the same policy, and this list of articles—I saw the prisoners—the woman said she went to the cupboard to get a wrap before going to see friends off at the station, and used two matches, and shut the cupboard-door, and on her return, about two hours afterwards, she found the fire had taken place; the house was full of smoke, and the things were burnt—I saw the cupboard then, and I had the prisoners at my office a day or two afterwards, and told them I thought the prices were too much, and drew their attention to the previous fire, and, after discussion, I offered them £10 instead of £16, which was what they claimed—it was a similar cupboard, but not in the same house, and I remarked upon it—we paid the £10; this is the document agreeing to accept it.
ALFRED RICHARD JONES . I am employed in the Royal Assurance Company as an assessor—on December 20th, 1894, this claim for £21 18s. was made against that office in respect of men's and women's clothing, beginning with a diagonal frock-coat, said to be damaged by fire caused by lighted tobacco from a pipe—the claim was signed by Richard Barnes—no payment was made in respect of that claim—I was sent to investigate the claim, and reported against it—no action was brought—when the policy became renewable it was declined.
WILLIAM RAWLINGS . I am assistant secretary to the Kent Fire Office—in 1893 I was acting as assessor to that office—on December 8th, 1893, I went to 509, Barking Road, to investigate a claim for a loss by fire—I
saw a man and a woman; I recognise the prisoner as the woman—they said a tiro had occurred, through, it was supposed, the accidental dropping of a light—this was the claim, amounting £23 11s., and the list of articles beginning with the diagonal frock-coat—I saw the cupboard—there were slight smoke-stains on the skirting—I could not tell if they were recent—the circumstances were so suspicious I asked them to account for the fire—they said they believed it had been caused by a light accidentally dropped—that did not satisfy me—I told them I did not believe there had been any bona fide fire, and ultimately they accepted £4 10s. in settlement—the policy was cancelled.
By the COURT. It would be impossible for insurance companies to send each other a list of small insurances.
CHARLES HENRY GIBBS . I am a member of the firm of Pirie and Gibbs, surveyors, of Cornhill—I went to 509, Barking Road, on July 12th, 1892, to investigate a claim of £17 14s. for articles of clothing in respect of the County Fire Office—I saw the female prisoner, I believe—she said she had gone out for a walk about nine o'clock, and, returning an hour afterwards, found the room upstairs filled with smoke—before going out she had gone to a cupboard with a light, and that probably caused a fire—after some discussion the matter was settled for £14—the policy, I believe, was not renewed.
DANIEL HOLTEN . I live at St. Mary's Road, Plaistow, and am agent for No. 61—in August, 1895, the prisoners took No. 61, on a weekly tenancy, in the names of Frank Barnes and sister—I saw them frequently in the house from then to the end of last year—I never heard of them being man and wife—under the agreement the landlord had to do all repairs—he was never called on to do any repairs to the cupboard in the first floor bedroom—I never heard of a fire taking place there—we called weekly to collect the rent.
ANNIE WISE . I live at 509, Barking Road—the prisoners lodged there as Frank and Miss Barnes, brother and sister—they came about 1892, and left two years ago—when they first came the man was away at sea for a short time—when he was at home he did nothing that I know of—two years before they left me, nearly four years ago, at Christmas time, they had a fire, when I was out—I was shown a cupboard, which was scorched and burnt, and burnt clothes—they said it was caused by a lighted pipe in a coat-pocket, and they had put it out—that was the only fire I heard of on the premises.
EDWARD SMITH . I am Superintendent of the West Ham Fire Brigade—I have been there sixteen years—I keep a record of all the calls received—from the beginning of 1889 to the end of last year, I never heard of any fire at 509, Barking Road, or 61, St. Mary's Road, both of which are ia my district.
ARTHUR PANTIN (Detective Inspector, City; Re-examined). On January 26th I went to 7, Serinit Road—I saw the prisoners, and told them I had a warrant for their arrest for attempted fraud; I read it—the woman said, "Cannot you spare him? he is so ill that this disgrace will kill him"—I allowed him to write some letters, and noticed he was Anting on a North British form, and I called his attention to it—he said, "It is the North British that is pressing this; cannot you take me and leave her here? she knows nothing about it"—I took them to the station—next
day, on searching the premises, I found in the front bedroom a port-manteau and a canvas bag, containing articles of clothing damaged by fire—I afterwards showed the clothes to the prisoners—the woman said, "I kept them to make up again, if they did not take them away"—as to some of the articles of ladies' dress, she said, "They are only rags; they have not been put in any claim"—in the condition in which the clothes were, they could not have been made up again.
Cross-examined. You said, "The best have been put in the port-manteau."
The female prisoner, in her defence, asked the JURY to punish her if they pleased, but to spare her brother.
GUILTY .—FRANK BARNES— Three Years' Penal Servitude. FLORENCE BARNES— Twelve Months' Hard Labour.
NOT GUILTY .
MESSRS. HORACE AVORY and ROOTH Prosecuted, and MR. KAPADIA Defended.
TOM FORD (Inspector N). At 7.30 on January 30th, I was stationed at Stoke Newington, when the prisoner came in and said, "My name is I Stanley Foxhall Fitch; I want to give myself up for conspiring with Dod, Coles, and Wilson to set fire to the place, 63, High Street last May twelve months; Wilson is the man who set it alight; there was not £30 worth of stuff burnt"—I said, "Are you aware of the seriousness of what you say?"—he said, "Yes, I know what I am doing; I have had this on my mind long enough, and I mean to go through with it now"—I said, "If that is so, I will take your statement down in writing"—he repeated the statement, and I took it down at his dictation—I then read it to him, and asked him if he would sign it—he said, "Yes," and he did so.
Cross-examined. It is usual to take down statements of this description—I should say the prisoner had been drinking, but I should not call him drunk—Tasked him if he would sign the statement—I believe I should be liable to blame if I did not take down such a statement.
Re-examined. It is no duty, but only a practice, for the sake of accuracy, and in case a man should deny his statement the next morning I—there is no statute requiring such statements to be taken down; there is a police regulation to that effect.
EDWARD JAMES NEW (Police Xergtant N). I arrested the prisoner upon a warrant on February 7th—when I read it he said, "I am in counsel's hands; I have nothing to say"—I took him on January 30th into custody on a charge of arson—he said then, "That is all right; you go and fetch the others, and I can prove it; I have got some papers in my bureau at home which will fix them up"—after he was charged he said, "Mind, I did not set fire to it; Wilson set fire to it"—on February 11th I was in the prisoners' waiting-room, and I heard the prisoner say,
"I was a fool to put myself in such a predicament; I was boozed, in fact, mad; there is only one way out of it"—later on, the 16th, he said, "I was a b——fool."
FRANCIS AUGUSTUS DOD . I am an auctioneer and furniture ware-houseman, at 59, 61 and 63, High Street, Stoke Newington—I have been in business there for eleven years—in 1894 I took the prisoner into my service as an outside salesman—on May 10th, 1895 (when he was still in my service), a fire occurred on my premises—Wilson and Coles were in my service then—from what we subsequently learnt, we thought the fire was caused through Wilson smoking a pipe in the basement; Fitch said Wilson had smoked there—I made a claim on the insurance company, and was paid about £430—within a month after the fire I discharged the prisoner for drunkenness—when I gave him notice he came up to my office desk—I said, "You get out; I will not have any more to do with you; I am tired of you"—he said, "I will make you suffer for this," and he struck the desk with his fist, and split it—he said he would burn the b——show—I then got ex-Policeman Jones to mind the place at night—the prisoner would not go, and stopped on at the place for about three weeks—he occupied a suite of rooms on the upper floor—soon after he had left the premises Mr. Hudson, a trade customer, called on me—the prisoner, after he left, frequently annoyed us; he came and stood in front of the premises, and flourished his umbrella in front of the shop, and he would come into my office if I was not in—I have come in and found him there, and have had to send for the police to remove him—I had to send half a dozen times in the first three weeks—he met me in the street once, and said, "Good evening"—I said, "Good evening, what do you want?"—he said, "Money"—I said, "You will get no money from me," and went on about my business—directly after the prisoner had made this statement to the police, the police came to me to make inquiries—I attended at the Police-court when he was brought up on the charge—I instructed my solicitor to take proceedings against him for this libel, as reports had got about about me—there was not a word of truth in his statement that I had conspired with anybody to set fire to my premises; it is a deliberate lie, and a malicious invention.
Cross-examined. He was in my service for about fourteen months, I think—I knew he was addicted to drink before I took him—I took him without a reference on trial; for a time he went on very well—six or eight months after I found that he was drinking, but I kept him on, as he was a very goori salesman, and lie did not get so bad until the very end, when I could stand him no longer—after he left he continued to annoy me; I could not give the dates—I took it that when he was drunk he did not know what he was doing—he would not annoy me when he was sober—I gave a letter of reference for him to Mr. Longman; that may have been in 1895—I was asked three or four questions, and I answered one—I did not say that he was in the habit of drinking, though I knew it well—I wrote to Mr. Longman that during the time the prisoner was in my service I had found him above the average of salesmen Mr. Longman asked for an interview, and I gave him an appointment, but he did not keep it, and I made another appointment, which he did not keep—Mr. Longman asked me for his character—I told him the truth; I did not think it necessary to tell him he drank—I said all the good
I could or him—the prisoner claimed a week's wages; I don't know if that was the money he asked for when I met him; possibly he referred to that, but he did not say what money—my own solicitor suggested he might have referred to that; I am not vindictive—I only remember one conversation with the prisoner about the fire, when the assessor was there—there was no suggestion that someone set it alight—I had had another fire some years previously—the first fire was caused by using a match to light the gas in the basement—the second fire, the prisoner said, was caused by Wilson's pipe—the kitchen is used as a store-room for new things.
Re-examined. The prisoner went into Longman's employment—I never saw Longman—he asked me for a reference—when I told the prisoner to go he said, "Do you mean this, Dod?" and struck the desk with his fist—I said, "Certainly, get out, and I have had enough of it"—he said, "I will make you suffer for this; I will burn the b——show"—he was dreadfully drunk them.
THOMAS COLES . I am cashier to the prosecutor, and live at 109, Lystra Road, Stoke Newington—on April, 1894, the prisoner commenced his engagement with the prosecutor—I was present when the prosecutor discharged him, and told him to get out of the office at once, and for good, because he was in a drunken state—the prisoner said, "Do you mean this, Dod?I will make you suffer for this, "and he banged his hand on the desk, and split the desk open, and said, "I will burn the b——show"—there is no truth in the suggestion that I conspired with Wilson or Dod to set fire to the premises.
Cross-examined. I made no note of the words—Mr. Dod asked me to give evidence—he called me into the office and said, "I want you to tell the truth what you know on the subject of the fire"—I told him I remembered June 8th, 1895—I think I first repeated my recollection of that to Mr. Romaine, the solicitor.
WILLIAM ARTHUR WILSON . I am a salesman in Mr. Dod's employment—I was discharged from his service in May, 1895, shortly after the fire occurred, on account of its being imputed that the fire was caused by my carelessness through smoking downstairs—I was taken back into the service about five days afterwards—the morning af ter the fire the prisoner said to me, "I know you were smoking down there," and he said he found Lie on a chair bedstead, asleep, with ray pipe upside down—it is an utter lie to say we conspired to set the place on fire, or that I had set it on fire on purpose.
Cross-examined. I was in the employment of Mr. Dod when the first fire took place, and I took the blame for that on my shoulders—I was smoking in the kitchen, used as a store-room, before the second fire took place—Fitch told Mr. Dod it was my'carelessness—I used to sit down and have my dinner, and smoke there—the prisoner did not tell me he had suspicions about me.
WILLIAM ALFRED HUDSON . I am a wholesale ironmonger, of 11, New Inn Yard, Shoreditch—the prisoner came to me within about three days of his leaving Mr. Dod's employment, and said that Mr. Dod was in a state of bankruptcy, and advised me to apply to Mr. Dod for my money at once, or I should lose the whole lot.
Cross-examined. I knew the prisoner before I knew Dod, but my account with Dod had been running for some time before the prisoner
went into his service—he did business with me as Dod's buyer—the prisoner told me he was dismissed—I did not ask him about Dod.
CHARLES JONES . I am a pensioned police constable—on June 11th, 1895, I was engaged by Mr. Dod to look after his premises at Stoke Newington—the prisoner was then living upstairs on the premises; he remained there till the following Monday—during the night he said he, wanted to go down into the office on the second floor, and destroy all the papers that were in the office—I prevented him—he afterwards said he wanted to get into the shop, and said, "I will set fire to the place; if I cannot, I will smash everything up"—I prevented him from doing so—he was mad drunk at the time—he did not really know what he was doing,—he carried on like that for two nights, repeating his threats, and not reully knowing what he was doing.
EDWARD JAMES NEW (Re-examined). On February 1st the prisoner was brought before the Magistrate, charged, on bis own confession, with, conspiracy, and remanded for a week—on February 8th the charge was dismissed, as no evidence was tendered in support of it—the prisoner was sober on February 1st; he said nothing to the Magistrate.
MR. KAPADIA submitted that there was not sufficient publication in law, and, secondly, that the alleged libel was an absolutely privileged communication, as it was a statement made in the course of a judicial proceeding to a judicial officer, who wrote it down, and requested the prisoner to sign it. (Johnson v. Evans, Espinasse's Reports; Ram v. Lumby, Hutton's Reports.) MR. AVORY contended that a statement made to an inspector at the station was not made in the course of a judicial proceeding, as no judicial proceeding was then commenced, and that a man could not create a privilege by invnting a fictitious proceeding. With regard to publication, he argued that if this were not a real charge, and the prisoner's object in going to the station was to get the libel published through the inspector as his agent, there was publication, in law. The COMMON SERJEANT held that he should direct the JURY that, if the prisoner believed the charge to be true, they must acquit, but that if they believed it was altogether an invention, then they must convict the prisoner.
GUILTY .— Three Months' Imprisonment.
MESSRS. GEOGHEGAN and HUGHES Prosecuted, and MESSRS. DRAKE and HARRISON Defended.
FREDERICK HEISENBOTTEL (307 J). On August 10th, at about 2.30 p.m. I was on duty in Shrubland Road—a great crowd was watching the Militia going away for their autumn training—among others on duty were Henry Green and William Faux in plain clothes—I noticed the movements of the prisoner, James Wilson, Lunn (who has since been convicted and sentenced), and another man, who were acting suspiciously behind women in the crowd—I watched them for about threequarters of an hour—they then moved off in the direction of the Lee public-house—I was in plain clothes—I followed them—one of them turned, and said, "Here comes a b——split,"meaning a detective—they then turned, and I received a severe blow in the stomach from Lunn, and another blow on the left eye, and immediately after Shea drew an open knife from his coat
pocket and rushed at me—I ran into a shop, but before getting in I got a kick in the back from him—just after I had got in the shop he put the knife into his pocket, still open, and then I rushed out and collared him—as I was trying to arrest him I received a severe blow on the back of the ear that stunned me, and I lost my prisoner—Faux came to my rescue, but I do not remember anything after that—I am positive Shea is the man—I next saw him at Shrewsbury Prison, with two other men—I had been sent there to arrest him; I identified him—Faux was with me—I had given a description of the man who was with me.
Cross-examined. There were 500 or 600 people in the crowd—four men caught my attention, of whom the prisoner was one—I assisted to arrest Lunn—I only saw Shea using a knife; I only saw him attempt to use it on me—I and Faux, who arrested Lunn, had to take him into the Lee Arms, assisted by several other tradesmen—the Lee Arms is about fifty yards from the Shrubland Road—I remained in the Lee Arms with Lunn—I knew nothing about what happened to Green—I did not see any truncheon used—I knew I should see a man named Shea at Shrewsbury—I had not seen him prior to August 10th, and my means of observing him on that day were the only means I had of identifying him afterwards—he was not identified from others in the usual way.
Re-examined. When I saw him at Shrewsbury I had not the slightest doubt he was the man.
WILLIAM FAUX (425 J). On August 10th, about 2.30 p.m., I was in the Shrubland Road—I saw the prisoner and five others, among the crowd, acting suspiciously—I was in plain clothes—the prisoner and six or seven others left the crowd and went towards the Lee Arms—Heisenbottel followed him—I saw the prisoner and others hustling him—the prisoner kicked him as he was going into a shop—I ran to Heisenbottel's assistance—he came out of the shop, and we apprehended Shea—then we were hustled, and a man already sentenced struck Heisenbottel across the hrad with a stick—I let go of the prisoner, and apprehended the other man, when I received a blow on the hend and a cut on the lower part of the back, and a number of bruises about the body—I was on the sick-list for some time—when the prisoner was appre-hended, find the warrant was read to him, he said, "It is only for assault"—on August 10th he was under observation for quite half an hour; I am positive he is the man.
Cross-examined. I was watching half a-dozen men—I did not sef anyone using a knife; I did not see a knife—I was present at the North London Police court when Lunn was charged; he was not charged with using a knife—I saw truncheons drawn by the police; I did not see them used—I assisted Heisenbottel to arrest Lunn, and went to the Lee Anna with him—I went with Heisenbottel to Shrewsbury, to identify and arrest the prisoner; we should not have brought him back if he had not been the man—the usual process of identification was not adopted—I bad never seen Shea before August 10th.
Re-examined. I have no doubt he is the man I saw—I did not see a Stick in the prisoner's hand.
Wilson strike Faux, and took Wilson into custody for assaulting a police constable in the execution of his duty—on the way to the station a mob of 300 or 400 set on me, and a cry of "Rescue" was raised—while I was struggling, and trying to take Wilson to the station, Green came to my assistance—I saw the prisoner strike Green a hard blow on the back of his neck with a truncheon, which he snatched from Green—the prisoner was standing behind Green, and struck him before he could turn round—it felled Green to the ground—I kept the crowd back—I had to release Wilson, because my brother officers were assaulted, and I went to their assistance—I next saw the prisoner at the Police-court—I had only seen him at the time of the assault for five or ten minutes; I was sometimes face to face, and sometimes behind him—I have not the least doubt he is the man.
Cross-examined. I lost my truncheon in the crowd; it was taken from me in the middle of the row, when Heisenbottel and Faux were some distance behind me—I said at the Police-court that Green was knocked down with my truncheon—I saw Sergeant Brown there—I gave evidence at the North London Sessions against Devenish, who was charged with two other men—he was not charged with using a truncheon—I said I saw him throw stones at Brown—he was convicted of assault—I saw no knife—I did not know the prisoner before August 10th—I next saw him come through from the cells at the Police-court—I knew he was the prisoner charged with this offence.
Re-examined. I have not the least doubt he is the man—my truncheon was lost about the time that Green was knocked down, and I jumped to the conclusion he was knocked down with mine, but I have since found that it was Green's.
GEORGE MORGAN . I am a fishmonger, carrying on business at 2, Wells Street, Hackney—on August 10th, at 2.30 p.m., I was in the Marlborough Road, and I saw a great crowd—the prisoner was there, and about 100 others—I saw the prisoner run after Heisenbottel, and draw a knife—he made a running kick at him, and kicked him about the time Heisenbottel reached the other side—I am certain the prisoner is the man—Heisenbottel ran into a shop, and stayed there about a minute, and then he came out and seized the prisoner—Faux, in plain clothes, came up to help him, and when the two constables held the prisoner there was a struggle—then Luna came up, and struck Heisenbottel with a stick—six or seven men then were close round the constables—about two minutes after I saw the prisoner stab Faux in the back—after that they all went against some gates, which gave way, and they fell through—a few civilians came up, and assisted the officers to arrest the other man, but this prisoner got away—I next saw him at the North London Police-court, and identified him from eight or twelve men—he is the man I saw use the knife.
Cross-examined. From the time Heisenbottel ran into the shop to the time Faux was stabbed was three or four minutes—I should say there were 100 or 150 people—I suppose the crowd had collected to see the Militia go off; I don't know—I lived right opposite where it happened—when Heisenbottel came out of the shop the prisoner had the knife in his right hand—he did not stab Heisenbottel; he stabbed at him, and kicked at the same time—he stabbed Faux—I cannot say if he stabbed at Snelgrove—I cannot say if he stabbed anyone but Faux—I was watching him—after he stabbed Faux, the crowd became so dense I could not see
what he did—I cannot say what became of the knife; I believe it was passed to someone else, because I saw another man throw a knife away after the fight was over—I gave evidence against Lunn at the North London Police-court—I swore that he threw away something resembling a knife at the gates of Lee Arms—that was after the assault—I did not say that Lunn stabbed Heisenbottel and Faux—I did not say I saw him use the knife—I said I saw Lunn strike one of the policemen with a stick; that was not the thing resembling the knife—the stick was gone when he threw away the knife—I said at the North London Police-court that the man that was sentenced to five months for assault on the police came up and struck Heisenbottel at the back of the head with a thick stick when Faux came to Heisenbottel's assistance; Faux left Heisenbottel, and seized the man that did the five months, and never left hold of him—I did not know the prisoner before—when I went to identify him I did not see him till I was taken in, and saw him among others.
Re-examined. I am a tradesman in the neighbourhood—the prisoner was the man using the knife—I did not see what became of it, because the crowd became too dense, but some time after I saw Lunn throw away something resembling a knife—the prisoner was the only man I saw deliberately stab a man—I picked the prisoner out at once from eight or nine others—I have not the slightest doubt he is the man.
HENRY GREEN (317 J). On August 10th, at 2.30, I was on duty in Shrubland Road—I heard a police whistle, and ran up Brownlow Road, and saw Wilson strike Faux with a stick above the head—I saw Snelgrove arrest Wilson; there was a struggle; I went to assist Snelgrove—Wilson was very violent, and threw both me and Snelgrove to the ground—I saw the prisoner at the corner of Queen's Road—I, Snelgrove, Brown, and two ether constables were taking Wilson to the station up Queen's Road—when at the top of Shrubland Road a crowd of 200 or 300 people raised a cry of "Rescue"—we backed our prisoner against the wall, and took out our truncheons—stones were thrown, and sticks used—there were about three constables in a crowd of 200 or 300—Brown was struck with a stone—Snelgrove's prisoner, Wilson, escaped—we went along Queen's Road, with the mob following us—the prisoner snatched my truncheon from me and struck me to the ground with a blow at the back of my head—I had not had time to get the thong round my wrist—I fell on my side, and then the prisoner kicked me very heavily on the back, at the bottom of the spine—Snelgrove came and kept the prisoner back, and assisted me to my feet, and I was assisted to a surgeon's—I was in bed for eight weeks, and then I went to a convalescent home in October—I resumed active duty on November 9th, or 19th—I was unable to do my duty between August 10th and November 9th in consequence of the injuries which the prisoner inflicted on me—I am sure he is the man—I next saw him on February 18th, at Dalston Police-station, among about ten others—I picked him out.
Cross-examined. I was in uniform—I saw the prisoner in the crowd, as soon as he snatched my truncheon, immediately before he struck me—from the time I first saw him till he struck me was about two minutes, I should say—a mob of people was pressing backwards and forwards—he snatched my truncheon from my hand, coming up to my side—the crowd
was quite close to me—I turned and saw him strike me—I was on my side on the ground when lie kicked me; I saw him do it—he kicked me from behind: Wilson never assaulted me—I had not seen the prisoner before—I did not give evidence at the North London Sessions; I was in bed at the time.
Re-examined. I am quite certain the prisoner is the man.
JOSEPH BROWN (Sergeant, J). About 2.30 on August 10th I was on. duty in Shrubland Road, at the corner of Maryborough Road—I saw Green and Snelgrove taking a man towards the station, and I went to their assistance on account of the man throwing both the officers—we were surrounded, at the corner of Shrubland Road, by a mob who cried, "Rescue him!"—the prisoner kicked me on the ankle, not severely—he got away—I had seen him before that day in the neighbourhood of Kingsland Road and Haggerston—I identified him. afterwards—I have no doubt be is the man.
Cross-examined. I was present at North London Sessions when Devenish, Foster, and Lunn were charged—Devenish was charged with striking me over the head with a stick, and sentenced to six months' hard labour—another was sentenced to three months for throwing stones at me, and Foster was sentenced to six months for assaulting Snelgrove—Devenish used a stick or stone—no truncheon was lost at that time—I am not quite certain whether I was struck with a stick or a stone; it was not a truncheon, I am positive—Lunn was charged with assaulting Faux and Heisenbottel—I was present, but did not give evidence—I believe Lunn was not charged with using a knife—I identified the prisoner on February 18th—I had not seen hint between then and August 10th.
EDWARD SHAW (207 G). I was present on August 10th at Shrubland Road—I was in plain clothes, and had two children with me—I saw some constables taking Wilson into custody—Wilson struggled, and there was a good deal of struggling and kicking—the prisoner attempted to rescue Wilson, who shortly afterwards got away—the prisoner returned after that with others, and I saw him coming out of the crowd with a truncheon in his hand—he 'went away up towards Queen's Road with it.
Cross-examined. I had my children under my arm—Devenish struck Brown on the head with a stick, after Wilson was rescued, in the struggle—Devenish was charged at North London Sessions with assaulting Brown I with a stick; a truncheon was not mentioned in that case.
THOMAS CLARK (410 G). On August 10th, about 2.30 p.m., I was in bed—I heard a police whistle—I at once dressed, and came out and went towards Queen's Road—I saw the prisoner and several men going in the direction of Queen's Road Bridge.
CHARLES HOWARD JACKMAN . I am assistant divisional surgeon of the J Police—on August 10th I saw Green at his house—he was recovering from concussion of the brain—he had a cut on the left side of his face, in front of the ear; and a severe bruise on the centre of his back, which had caused injury to the spinal cord, and set up inflammation—it necessitated my keeping him in bed for about two months—he was not able to sit up during that time—after that he went to a convalescent home for about three weeks—he went on reserve duty about November 9th—a severe blow or kick would have caused the injury to the spine—a severe blow
would have caused the injury to the head; it would have caused immediate unconsciousness.
Cross-examined. There is no permanent injury.
GUILTY .— Five Years' Penal Servitude.
The GRAND JURY commended Heisenbottel, Faux, Green, and Snelgrove, and the COURT awarded them £5 each.
247. ALBERT SCHMIDT and WILHELM JOHN MERLE , Stealing a bag and a number of articles, the property of Frederick Lopez, and other goods, the property of other persons, from the dwelling-house of Catherine M'Vay. Second Count—Receiving the same. MERLE PLEADED GUILTY .
MESSRS. KERSHAW and R. GRAIN Prosecuted.
Cross-examined by Schmidt. I took the restaurant on January 12th or 13th—you first came there by yourself, and afterwards with Merle.
MARY GUTMAN . I am the wife of Charles Gutman—I was cook at 59, Charlotte Street last February—on February 4th the prisoners came together—they had big bags with them, which they left in my room—they came to ask for a room, and there was not one to let, and they asked if they might leave the bags in my room till the next day—next morning I went into my room, and found the bags gone—the restaurant is opened early in the morning, so that people can come in and out from the street—a few days ago I saw the bags in the hands of the owners.
Cross-examined. You came and asked for a bedroom for Merle—I said he could leave his bags in my room until he had a room—I said I could give him a room next day, but I did not see you afterwards—you brought one bag, and he the other.
CHARLES GURNETT (Sergeant, 8 D). On February 5th, about one p.m., I went with Seymour to 11, Vine Street, Waterloo Road, where, in a back room on the ground floor, I saw Schmidt—I told him we were police officers, and that I should take him into custody for being concerned with a man not in custody in stealing a quantity of wearing apparel—he said, "I received a note from that man Merle yesterday, and from its contents I went to No. 59, Charlotte Street, Fitzroy Square. I remained there until about eight o'clock, when the man Merle came in a cab with a quantity of luggage and two bicycles. I assisted him with the luggage into the house; he afterwards gave me one of the bicycles, which I took home. I then returned to Charlotte Street, and had a drink with him, and made arrangements to meet him the following day at three o'clock"—I looked round the room, and saw a bicycle standing there—when he saw I was looking at it, he said, "That is the bicycle which the man gave me"—that was the bicycle which was afterwards shown to Heron at the Police-station—I searched the room, and found this gold pin, brooch and cap—he was wearing this overcoat at the time.
Cross-examined. You said you bought the overcoat of a waiter six or
seven weeks before for £2—when you were charged you said you bought it for £1 from Merle—when charged on the remand you said you bought the other things from Merle.
ELIZABETH JONES . I live at 19, Howland Street—on December 24th Merle came, and took a room there—he slept there on the night of December 26th—the next day we missed this cap, brooch, gold pin, and other property.
CHARLES BONSALL . I am proprietor of the Castle and Falcon Hotel, Aldersgate Street—this is my coat—it was in the hall of my hotel on January 27th, and I missed it between then and the following morning—I gave nobody authority to take it—I gave information to the police—it cost eleven guineas.
Schmidt, in his statement before the Magistrate, said that Merle gave him the bicycle. In his defence, he said that Merle gave him the bicycle, and that he bought the pin and other things from him.
NOT GUILTY .
There were two other indictments against the prisoner for stealing and receiving certain articles. MR. KERSHAW offered no evidence.
NOT GUILTY .
Three Years' Penal Servitude.
MR. J. C. COLLINS Prosecuted.
Inspector KING. From information received, I went to 195, Latimer Road, where I saw Ellen Archer, aged seven, lying on the bed with a wound in her throat—a smaller child was also on the bed—I seat for the doctor, and the child was afterwards received at the hospital—from information I received from the child, I went in search of the prisoner, and apprehended him as he was entering a public-house in the Latimer Road, about half an hour afterwards—I told him I should take him into custody for wounding his child in the throat; he said, "Is she dead?I hope not"—on the way to the station he said, "I know I have done wrong; it is all through the drink; I have been having a drop of pinkie, and I am sorry for it; I have been out of work, and you know what it is when you have had some drink "—at the station he said, "I know what I have done; I am very sorry for it"—this knife was handed to me by a constable in the passage.
HARRY KING . I live at 195, Latimer Road—the prisoner occupies the front and I the back room there—on February 9th the prisoner came and pushed my door open, and said, "Come and see what I have done"—he had this knife in his hand, and was wiping it—before he came to me I heard two children scream out, "Oh, don't, daddy, don't, daddy!"—that noise came from his room—I went into his room, and saw Ellen on the bed, with her throat cut, and her sister by her side, fully dressed—the prisoner followed me into the room—I told my wife, and informed a neighbour, who went for a constable.
The Prisoner, in his defence, stated that he was in drink, and did not know what lie was doing; and that he was very sorry for it.
GUILTY .— Judgment Respited, in order that the state of his mind might be inquired into.
NEW COURT.—Thursday, March 11th, 1897.
Before Mr. Common Serjeant.
MESSRS. CHARLES MATHEWS, HORACE AVORY, and GUY STEPHENSON Prosecuted, and MESSRS GILL and BIRON Defended.
JOSEPH BODGER . I live at 58, Jermyn Street—at the end of January and the beginning of February I was out of employment—I had been a gentleman's servant—I saw this advertisement in the Daily Telegraph: "To Attendants, Assistants, Army Men, Grooms, Messengers, etc., requiring situations, all parts. Call or write to Messrs. Hall and Co., 303, Strand; oldest, genuine reliable." I called there, and received a form similar to this (produced)—I read it, and believed what I read—I filled it up, and returned it to Hall and Co. with a postal order for 5s.—I then received a postcard, and called at 303, Strand, about the middle of February, and saw the prisoner there—he said, "I sent out two postcards, and the other one took the situation"—about a fortnight afterwards I called to tell him I had changed my address—he entered it in thib book (produced)—he said that he was Mr. Hall—I left, and this receipt for the 5s. was sent to me by post: "Received of Joseph Bodger 5s. for registering situation. Hall and Co. We wish it to be understood that we do not and cannot absolutely guarantee situations"—I never got anything done for me in the way of a situation.
Cross-examined. I have been in service before; I have only had one situation; I went to one other registry office—I anticipated that I should have to pay some fee—I did not study the back of the form; my attention was directed to the particulars I had to fill up—I could not avoid seeing on the receipt that situations were not guaranteed; that was underlined—I did not make the slightest complaint to the defendant about the receipt—I got a situation soon afterwards, but did not write and inform the registry office—Sergeant Fuller came this year, and found me in my employment, and took me to Bow Street.
Re-examined. I had been in my situation ten months before January this year.
Re-examined. I noticed on the receipt the non-guarantee of the situation—I did not obtain my situation through the defendant.
LAUREVCE MARTIN . I live at 164, Globe Road, Bethnal Green, and am an Army Reserve man—in May, 1896, I saw this advertisement in the Daily Chronicle, and called on Mr. Hall, 303, Strand, and saw the defendant—he told me he could get me a situation in a very few days, but I must pay a 5s. fee, as horsekeeper, porter, or carman—I paid him 5s., and he gave me a receipt like this, which I have mislaid—I read it in the office, and I believe my name was registered—I saw him writing in a book—I called again in about a week—I saw him two or three times—I asked him if he had any situations—he said, "No"; and that he would
send a letter, and let me know—he did not seem very pleased to see me—I received no further communication from him—about the middle of September I called at the office, and saw the prisoner; I asked him, if I registered my name again, would be get me a situation, because I wanted day work; he said he could get me a good situation in a few days—I said that he had not done much for me last time—he said he would do his beat for me this time, and I was to pay a 2s. 6d. fee; I paid it, and got a receipt, which I destroyed—I had read on the first receipt that the fee for re-entering was 1s. 6d.; I said nothing about that—I called again about a week after, and saw the defendant; he said he had nothing to suit me, but I could keep looking up—I called a great many times for about three weeks—after Baying a 2s. fee I had a letter from him, and went and saw him; he said he had come to a new arrangement, to put the names in the paper, and asked if I should like mine in—I said, "You can please yourself," and he put it in and paid for it; it is one line for 9d.—I saw Sergeant Fuller between my paying the 2s. 6d. and the conversation about the advertisement—I have been in the Royal Artillery—he advertised for me three times, and I got one letter, but it led to no situation.
Cross-examined. Sergeant Fuller called where I lived after I had had the first receipt; I have seen him several times since—I asked the defendant about getting me a situation as carman, horsekeeper, or porter—he said, "Oh, yes, I think I can suit you in a few days"—I read the receipt; it was printed, and this statement was underlined; I did not make the slightest complaint—I got myself a situation in about a fort-night, but did not take the trouble to write and say so, that my name might be marked off the books, but I went again later on to try to better myself—he said that he thought he could get me a situation, and he was sorry he could not get me one before—I did not get one—I went to a place where a man like me was wanted, as horsekeeper, but another man got there before me—I afterwards got a summons to go as a witness.
Re-examined. I am not quite sure that I saw Fuller before I paid the second fee—when I told the defendant I had got a situation, but wanted to better myself, I told him I was earning 25s. a week—it was after that that I made my statement and paid my money.
ROBERT MCALLISTER . I was in the Inniskilling Fusiliers, but left the service last March, and became a lamp-lighter—on June 2nd, 1896, I saw this advertisement in the Daily Chronicle, and called on the defendant the same day—he said he could get me a situation in a few days if I laid down 5s., but he had no vacancies at present—I showed him my character, and next morning paid him 5s., and told him I should like anything, as I could work—I saw him write in a book—I received this receipt next day in a letter, not on a printed form. (This was signed "Hall and Co.") I called two or three times, and asked him if he had anything—he said, "No, but if I required a situation in a lunatic asylum I could have it"—I said that I did not care about that—I called again twice—he said the second time that he had not heard of anything, and on August 28th he said if I wanted my name re-registered the fee was 1s. (6d.—I told him I could not afford it—I swore an information at the Police-court.
discharged in 1896—I saw an advertisement in Lloyd's Newspaper, in consequence of which, on July 8th, I called at 303, Strand, and saw the defendant—I said, "I want a place as a porter or doorkeeper"—he said, "Yes; I often have those places; have you been here before?"—I said, "No"—he said, "The fee is 5s."—I went again on the 31st, and took my discharge with me—he said, "I have no place like that, but I will tell you what I have got, a strong young man wanted to go to Eltham"—I said, "That will not do for me"—I showed him my discharge; it stated that I was invalided—I paid my money on the 31st, and got this receipt afterwards—I went on calling for about three weeks, but got no employment—he said that a porter's place was vacant at the Abingdon Union, and gave me a form to fill up and send there, which I did, and received a blank form, which I tore up—I did not get the situation—I told him I had torn it up, as I had not got the money to go with—he gave me a letter to the Great Northern Railway as a porter, which I took there the next morning, with my discharge; I was refused because I was invalided—my ailment was fever and heart disease—I went and saw the defendant at the end of October; I told him I was on the Great Western Railway, and asked him to give me a testimonial, which he did; I believe this is it. (Signed "Hall and Co." and giving the witness a good character.) He proposed advertising for a situation for me in some paper, at his own expense, but I cannot say whether it was done.
Cross-examined. He sometimes said that he was sorry I had not got a situation—Abingdon was too far away for me—he said that he would return me half my fee, or advertise for me—after I paid the fee he said, "Well, I hope we can get you a situation"—he said that I was sober and honest, but I failed to get the situation—he mentioned the Naval School at Eltham, where they wanted a strong man to do general work, gardening—I have seen Sergeant Fuller two or three times, but not till this year.
Re-examined. I went to Bow Street Police-court, and put my story down on paper early this year.
TITUS BUCKLEY . I am a barman and potman—in August last I was out of employ, and on the 28th I saw this advertisement in the Daily Chronicle. (This was for Army and Navy men wanting employment to call at 303, Strand.) I called there, and saw the defendant, and said that I should like a porter's or caretaker's situation, that I had been a barman, and wanted to get out of it—he said that the fee was 5s.—I said, "That is a lot of money"—he said, "But you can rely upon it, don't doubt that; I can get you a situation in two or three days"—I went again on August 21st, and paid him 5s.—he gave me this receipt; I read it going downstairs, and found that the sum I had paid was left blank—I took it back to the prisoner, and said, "You have forgotten to put the 5s. down"—he put it down, and I put it in, my pocket—before it was written I did not notice the words about guaranteeing a situation—I called very often for two months, but he did not get me a situation—about six weeks after my first application I had a letter to take to Dr. Downes in Harley Street, but did not find him—I am not a musician—I once went to see the defendant, and he gave me 2s. 6d. of my money back—he offered to put an advertisement in the
paper—I said, "I am in the Strand; I will do it myself"—he said, "As a rule, I give you back half the fee," which he did—I did not put the advertisement in, but I could have.
Cross-examined. I went to Bow Street through a letter, and met Fuller there—I believe it is usual to pay 1s. fee for registration, but not 5s.—I registered once before in London—I went three times a day to the defendant's place, twenty or thirty times—he sent me to Dr. Downes, and I went back next morning and told him Dr. Downes was dead, and that at the second place they asked if I could play the violin; I said, "No," and the butler said that I should not do; he said he was very sorry he had sent two chaps to the place that morning—he said that in case I was unlucky he would advertise or give back half the fee, but not directly afterwards—after that I got my 2s. 6d., but not under any threat.
Re-examined. Fuller saw me walking up the Strand; you might say it was outside No. 303, and after that the 2s. 6d. was offered me back.
GEORGE FURNESS . I was a driver in the Royal Artillery, but left about the second week in October—before I left I saw an advertisement in Lloyd's Newspaper to Army and Navy men. (This was from Hall and Co., of 303. Strand, offering situations, and stated that they had hundreds of testimonials.) I came to London, went to 303, Strand, and saw the defendant; I asked him if he was Mr. Hall; he said, "Yes"—I said I wanted a situation as doorkeeper or any situation where a knowledge of languages would be useful—I showed him my discharge; he said that, with the testimonial, there would be no difficulty in getting me a situation at once, or, at the outside, in two or three days—I told him if he got me a situation I would give him extra remuneration, and asked what his fee was—he said 5s., and I gave it to him because he guaranteed me a situation, and I took this receipt—I called again several times and saw him, but got no situation—I called in the last week in December, and asked if he had got me a situation—he said, "My name is not Hall"—I said, "What do you mean by leading me to infer this morning that you were somebody else?"—he said, "If you like we will put an advertisement in the paper for you"—a party sitting at the table spoke, and I said, "It seems rather fishy, and if I don't hear something satisfactory I shall report it elsewhere," and left—I called again, and he said he was very sorry; he had taken the firm of Hall and Co., and he would give me my money back, and get me a situation, and charge me nothing, if I would give him a testimonial—I said, "Certainly"—I got my money back on January 1st—I did not see him make an entry in a book when I paid, because when I went three days afterwards he had lost my address.
Cross-examined. I went there a dozen times—the police came to me about November where I was employed—I was asked, "Why did you part with your money?" and I answered, "Because I did not expect the man to work for nothing"—I saw on the receipt three weeks afterwards that he did not guarantee me a situation; there was nothing to prevent my seeing it before; that was a lapse on my part—I did get a situation, but did not write and inform the defendant; that was only temper—I left there on Christmas Eve, and after that I got back my 5s. from the defendant—when I went at the end of December I did not create a disturbance; I was perfectly calm, but high words occurred.
Re-examined. It is not a fact that I made a disturbance at the office—when I said I parted with my money because I did not expect a man to work for nothing, I said, "Naturally I expected him to fulfil his promise."
JOHN THOMAS HATHERTON . In, I think, November last, I saw an advertisement in the Morning Post, and called next day at 303, Strand, and saw a person, not the prisoner, who gave me this form; I took it away, filled it in, and took it to the office next day, and saw the defendant—I said I was out of a situation, and wanted a position of trust—he said he would suit me in a few days—I took the form away with me, read it through, filled it up, and returned it by post with a postal order for 5s.—I received these two documents next day; one is the receipt, dated November 20th—I was on the books as a single man—he said, "I could have suited you if you had been a married man, but another man has got it"—my application was for a butler, hall porter, travelling servant, or doorkeeper—he did not send me any letter offering me a situation, or tell me where the situation was which I failed to secure—he said that business was flat just now, but things would brighten.
Cross-examined. I parted with my money in the hope that I might get a situation in a week or two—it is rather a difficult thing to guarantee a situation—I have been to a registry office many times, and had my name registered—I do not know any registry office where they guarantee—I got employment yesterday.
THOMAS MCGUFFY . About November 22nd I saw an advertisement in the Daily Chronicle, and called next day at 303, Strand, and saw the defendant—I said I wanted a situation as porter and caretaker—he said he would get me a situation in three days—he gave me a form, which I took home—I read the front of it, the part on which the filling is—I filled it in, arid sent a post-office order for 5s., and twenty-seven testimonials with it—I got a receipt, but have not got it here—about a week afterwards I called again, and saw the defendant—he said, "We have no places at present, only heavy porters, which require a stronger man, and I will write"—about six weeks afterwards I called again, and he said that there was nothing—I wrote this letter on January 12th. (Complaining that he had been two months on the books, and got no situation, although they were advertising daily in the papers.) I got no answer.
Cross-examined. I was telegraphed for by the police on January 25th, before they had seen me—I understood that he had not got a situation vacant just at the time, but hoped to get one in two or three days—I did not read my receipt; I threw it away.
Re-examined. I stated that I was married.
GEORGE WILLIAM BUYANT . I was formerly in the Scots Guards, and was discharged last year—I saw an advertisement in the Daily Chronicle, and went to 303, Strand, and saw the defendant—I told him I had called in reply to his ad vertisement—he said he would get me a situation if I paid him 5s, which I did—he said, "I will guarantee you a situation in a week," and told me to call next day, which I did—he said something about a situation at Carlisle, but that he hail not heard from them; I called again, and he said he had not heard; it was as managing clerk in a refreshment store—I did not call for a fortnight, arid then he said he had not heard from them, and had not anything else, but if anything
turned up he would write to me, and that the Carlisle situation rested between me and another man—I never received any communication from him from the time I paid him the 5s.
Cross-examined. I noticed on the receipt that situations were not guaranteed—I had no weakness for Carlisle—I have seen a telegram of December 12th, instructing him to engage a man named Fisher—I would have taken that situation.
WILLIAM HENRY GALLAGHER . On September 2nd I was discharged from the Royal Horse Artillery, but have re-enlisted in the Royal Engineers—on December 6th I saw an advertisement in Lloyd's Newspaper, and on the 7th I called on Hall and Co., 303, Strand, and saw the defendant—I told him I was discharged from the service, and he gave me a form to fill up—I read it, put down the place I wanted, filled it up, and took it back the same day, and the defendant asked me to show him my discharge papers—I did so—he said, "A man of your character, we shan't be long in getting you a situation"—I was thirteen years in the Artillery—I paid him 5s.; he gave me a receipt, but I did not read it till I got home—he told me to call again the following Friday—I did so; he said that a clergyman in the country had applied for a man to clean boots, take up water, and make himself generally useful—I called again, and he said that the clergyman wanted a man who was more experienced—he gave me this letter to Hutchinson and Son, High Street, Sydenham: "Dr. Sirs,—Do you think the bearer will suit you as carter?—Yours truly, HALL AND Co."—I did not get it or any situation.
Cross-examined. Hutchinson is a man who employs carters—I got a situation at the Great Western Railway, but did not stay—I afterwards read on the receipt, printed and underlined, that situations could not be guaranteed; I did not go back and complain.
ROBERT FULLER (Detective Sergeant). I obtained a warrant for the prisoner's arrest, which was granted on the statements of five deponents—I on January 5th I went to Arrest him at 303, Strand—"Hall and Co." was over the office—I asked for Hall; the defendant said, "I am Mr. Hall"; I said, "I have a warrant for your arrest for obtaining 5s. from Frederick Waite, and similar sums from other men; I shall require your books"—he pointed to two books—I read the warrant to him—I afterwards returned and took three books from the office, a letter book, an employers' book containing the addresses of asylums and public institutions, a postage book, and two counterfoil receipt books, and a number of letters—I find in the register, Joseph Bridger registered on February 1st, 1896, as a porter in chambers or a private house, and at that time sixtyfour people had been registered between January 1st and February 1st, four of whom had been suited on February 1st, leaving sixty unsuited that month—when a person is suited the entry in the register is crossed out with red lines, and the word "Suited" is written against it, but in one or two instances it is in black—I find in the register fifteen porters and nine caretakers unsuited between January I stand February 1st—I made this analysis (produced), dividing them into the different occupations. (This showed the number and class of situations required by other applicants at the time the different witnesses registered their names.) From January 1st to December 21st, the last date in the register, I find 724 persons registered, and only twenty-nine suited; nineteen are marked off—I find by the
receipt book that from January 29th, 1896, to January 15th, 1897, the date of the arrest, £175 15s. was received—I have also made an analysis for 1895. (The COMMON SERJEANT considered that the evidence had better be confined to 1896, otherwise it might embarrass the defence.) I also found these letters at the office, and a document numbered 29 in the exhibits, and a memorandum with regard to George Furness—I made an analysis of the so-called testimonial book.
Cross-examined. I went to see most of the complainants—during the whole of 1896 the total names are 724 on the register—the cases where I see the names of persons suited, are the names which are written off, and where they are not written off I treat them as unsuited—I assume that unless it is written off in red ink they have got a situation—the person who gets a receipt is to be on the books for two months—some men are ready to take anything—I have been working all night at this, and have counted right through from January—when I arrive at the large figures at the end of the year, it is on the assumption that 194 have not got employment—thirteen of them have paid the 1s. 6d.—several hundred letters of complaint were all together in one drawer.
MR. GILL here read a number of letters from persons, thanking the prisoner for obtaining them good places, THE COMMON SERJEANT considered that an a bonâ fide business seemed to have been carried on it would be difficult for the JURY to pick out canes, and that the evidence did not establish a fraud, and therefore directed a verdict of
NOT GUILTY .
OLD COURT.—Friday, March 12th, 1897.
Before Mr. Justice Grantham.
MR. RAVEN Prosecuted, and MR. SYMONDS Defended.
JOSEPH BARKER . I am assistant to my father, an undertaker, of 71, Church Street, Bethnal Green—on February 10th, about half-past ten in the morning, I was walking along Church Street—my brother was about ten yards behind me, and Robert Mitchell, a lad who works for my father, was with him—when about twenty yards from my father's shop the prisoners came up to me; I did not know either of them—Hudson asked me what I meant about last night—I said I did not know what he meant; that was all that was said—Goodman then made a snatch at my watch-guard; it was a black chain attached to a gold locket—I grappled with him—I caught hold of the collar of his coat with both handsHudson came to his assistance—I let go of Goodman, and turned behind to Hudson, and he came from against the wall to the kerb, as if to strike me—he did not strike me—he tried to punch me—I rushed at him—then Goodman took this lump of iron from his right-hand trousers pocket, and struck at me, aiming a blow at my head with it—my brother pushed him off, and he then made a blow at my brother with the same, and knocked; his hat off—it just caught him at the back, but did not hurt him; then
Hudson pulled out a revolver from his right-hand coat pocket, and pointed it at my face—I put my arms up, and he fired—I was about two steps away from him when he fired—I am sure that he fired; I was so confused, I fell up against the wall—I saw the pistol as he put it up—I did not know that there was a bullet, but a lady saw it—the men walked away sharp—Mitchell put a police whistle in my hand—I blew it, and the three of us gave chase—the men separated, and ran in different directions—I lost Goodman, and I chased Hudson through a number of turnings—he stopped and pointed the revolver at me again, which prevented me from getting too close—a man said, "He is gone that way." but he had not—I went back; and I went to the Police-station in Cornwall Street, and there found Goodman in custody of Poynter—he was brought before the Magistrate the same day, and remanded for a week.
Cross-examined. At the station I charged the prisoners with attempting to steal my watch-chain—on the way to the station I did not tell the constable anything about the chain; my brother spoke to him—when the men first came up, one of them said, "What about last night?"—I said, "I don't know what you mean"—that was all that took place; it only took a few seconds—I was not standing talking to them for five minutes—nothing was said about a girl or a Jew boy—there was no grievance about a girl I was interested in—my chain is a black one; it is not very valuable—they did not touch my watch; they must have missed it; there is a lot of this sort of thing down that way—I grabbed Goodman by the collar with both hands; Hudson came to his assistance, and then I let go of him—after the blow was struck with the iron I closed with Hudson; I did not hit him, he slipped away too quick; my brother pushed him away, and when he got a couple of steps from me he produced the revolver to keep me back—I identify the revolver, it was very close to me; I could almost swear to it—this is the one; it was found on Hudson two days afterwards, and it seemed to me exactly the same—the men had turned to go away before Mitchell blew the whistle—there was one shot from the revolver; neither I or my brother were hurt—a blow was made at my brother; it struck the wall.
GEORGE BARKER . I am the brother of the last witness—I assist him at Church Street—on February 10th I was walking with Robert Mitchell—my brother was about ten yards in front of us—I saw the two prisoners in the street—they came from the opposite side to go for my brother—Hudson said something to my brother; I did not hear what—I saw Goodman make a snatch at his chain—then he pulled out a lump of iron from his pocket, struck at my brother, but missed him—I rushed up to get hold of him—he got away from me, and struck at me with it—it did not catch me; it caught the woodwork of a house that was shut up—I was close to the house—I got away from him—my brother was struggling with Hudson—Hudson then pulled a revolver out of his pocket, and put it up to my brother, and fired it—they both got away, and walked sharp up the street—Mitchell ran up with a police whistle, and gave it to my brother—he blew it, and they both ran in different directions—I followed Hudson; I did not catch him; he turned round once or twice with the revolver—then I came back—I afterwards saw the policeman Poynter, and heard that Hudson was locked up—this (produced) is the iron I was I struck with.
Cross-examined. I had never seen the prisoners before—when Good-man got away from me Hudson took the pistol out of his pocket, and fired—Mitchell was only a minute or two gone for the whistle—at that time the men were walking away sharp—my brother was about one or two yards from Hudson when he fired—he held the pistol straight up to his head—before that I distinctly saw the snatch at the chain.
ROBERT MITCHELL . I live at 35, Bushel Street, Bethnal Green—I am in the employ of Mr. Barker; I know the prisoners by sight about Bethnal Green Road—on this morning I was in Church Street with George Barker; his brother was on ahead—I saw the prisoners cross the road to Joseph Barker; I saw Goodman make aim at him with the iron, and I saw George run over to his assistance, and then Goodman marie aim at him with the iron—I ran to Mr. Barker's shop for the whistle, brought it, and Joseph Barker blew it—then we ran after the men; they ran in different directions.
Cross-examined. When I first saw them they were talking to Joseph Barker; I did not hear what was said; they were talking together a few seconds, I could not say exactly how long—the whistle was handed to me by the boy's father in three or four seconds—I did not hear the revolver fired.
GEORGE POYNTER (206 H). On February 10th, 10.30 a.m., I was on duty at the corner of Church Street—I heard a whistle blown from the direction of Church Street, and saw a chap running; I got behind a fire escape, and as he came up I rushed and caught hold of him—I said, "What's the matter?"—he said, "Nothing; I am only just going round here"—I said, "There is something wrong for you to be running like this"—I took him back, and some woman called out, "Yes, that is one of them," and a child said, "Look out, he has got something up his sleeve"; I immediately clasped him by the wrist—he was trying to get from his wrist the string of this iron—I took him to the station, and came back in the direction of Church Street to see what was the matter, and saw the two Barkers and Mitchell coming in the direction of the station—at the station Goodman was introduced, after he was charged—he said, "It's a lie; what do I want his watch for?"—I apprehended Hudson two days after at 2, Little York Street, in bed with a female; I rushed into the room, and jumped on the bed, and said, "Where is it, Dave?"—he said, "There it is, Ginger, up there"—that is a nickname they have given me round there—I held him by the two wrists; he nodded to the mantel-piece, and this revolver was taken from a shelf—I said to him, "You know what it's for, Dave"—he replied, "Yes"—he put on his clothes, and came with me to the station—before leaving the room I searched his frock-coat pockets, and found in them these six cartridges—he said, "The revolver is loaded in three chambers; look out; I cleaned it yesterday; it is loaded now"—on the way to the station he said, "I suppose this means five or seven for me; I ought to have gone away to the country"—he was charged at the station with being concerned with another man in custody for attempting to steal a watch and chain, and firing a revolver—he said, "I did not fire that revolver."
Cross-examined. I made this note at the time the charge was taken, and used it at the Police-court—I stated there that Goodman said, "It is a lie; what do I want his watch for?"—I don't think I said "his chain";
I might have made a mistake—I have been in the force fourteen years—I am quite certain he said, "I suppose this means five or seven for me; I ought to have gone into the country"—I can't say why I did net mention that before the Magistrate.
Re-examined. There is something peculiar about this revolver; a spring has been taken out of it, but by pulling the trigger it works all right—three cartridges were taken out of it at the station.
Witness for the Defence.
HENRY P. LEWIS . I am a bootmaker, of 91, Church Street—on the morning of February 10th I heard a row in Church Street, and the blow of a whistle—I did not hear any shot—I went into the street, and saw Barker blowing a whistle and running after a chap.
GUILTY .—Hudson PLEADED GUILTY to a previous conviction on July 10th, 1894, at the South London Sessions, and Goodman to a conviction at this Court on My 22nd, 1896.
HUDSON— Three Years' Penal Servitude. GOODMAN— Eighteen Months' Hard Labour.
NEW COURT.—Friday, March 12th, 1897.
MR. BOYD Prosecuted.
LEVI JAMES KING . I am a sailor; my ship is the Sir Robert Peel—I was in the Commercial Road, near 'the Clyde public-house, about seven p.m. on February 15th—three fellows, the prisoner being one, came and put their arms round my neck and took my watch and chain away—the prisoner laid me to the ground with a blow—he struck me with something heavy—I called for the police, and the prisoner ran into a police man—the value of my watch and chain was £5—I was sober.
Cross-examined by the Prisoner. I did not shake my head at the Police-station and say, "No, that ain't the man"—I said, "That man did not take my watch and chain; he hit me."
Re-examined. My head was bound up at the London Hospital—it is still bound up; I am still being treated.
JAMES WOODPORD . I live at 13, Wilson Street, Burdett Road—I am a labourer—I was standing outside the Clyde public-house on February 15th, about seven p.m.—three labouring men came up to the prosecutor—the prisoner was one—the tall man put his arm round the prosecutor's neck and took his watch and handed it to another man—they ran away—the prosecutor fell down, his hat fell off, and he said, "You have got my watch, young man"—the prisoner walked down the opposite side; I followed, with my friend, about twenty yards—I heard someone hallos, and the policeman stopped the prisoner.
Cross-examined by the Prisoner. I saw you in Cannon Street and Richard Street, and at the bottom of Chapman Street the policeman had you, near the corner—I did not see you shake hands with the prosecutor.
ALFRED KING . I live at 37, Buross Street, Commercial Road—I am White's biscuit man—I was in the Commercial Road on February 15th, about seven p.m.—I saw the prisoner with two others—the tallest man of
the three cuddled the sailor round the neck; the prisoner shook hands with him and said, "Halloa, Jack, how are you getting on?"—the tallest man took his watch and chain, and handed them to the man behind him, and walked down the Commercial Road, followed by the prisoner—the prosecutor's head was bleeding—I was twenty yards behind when I heard him halloa—the prisoner went up Cannon Street Road, when I saw the constable get hold of him.
Cross-examined by the Prisoner. It was not in Richard Street where you shook hands, it was outside the Clyde.
EDWARD MILLS (322 H). Shortly after 7.15 p.m. I was on duty in Cannon Street Road—I heard a cry of "Stop thief!" and saw a constable running after another man, and the prisoner running away—I caught the prisoner—he said, "I know nothing about it"—the prosecutor came up, and said, "That is the man that struck me"—I took the prisoner to King Street Police-station—he was charged, and identified by the other witness—he said, "I know nothing about it."
Cross-examined by the Prisoner. The prosecutor did not shake his head and say, "That is not the man"—we took the prosecutor outside to see if we could find the other man—that was after the charge was taken—when the prosecutor came back he did not say, "That ain't the man"—we took the prosecutor out to have his head done up by the divisional surgeon—after the prosecutor had had his head done up, he said "No; that man did not take my watch and chain, he hit me"—you were identified in Cannon Street, where I apprehended you—the prosecutor came up and said you were the man—you were identified by two witnesses at the station—you were the only man sitting in the station.
By the COURT. The prisoner told me the public-house where I should be likely to find witnesses—I called three or four times, and I went to his wife and gave her the names, when she said she would endeavour to find them—I used every diligence to find the men whose names he gave.
The Prisoner's defence was that he had left two friends who had given him 2s., and on his way home in Richard Street he saw the sailor, and when he got round into Cannon Street he met the policeman, and said, "What's the matter? is there another 'cheeney' row?" that the policeman said, "No, someone has lost a watch and chain, and you must come to the station;" that they went, and sat in the station twenty minutes, when the prosecutor came in and said, "No, that ain't the man," and shook his head; that two witnesses came in, and the prosecutor said, "That man did not take my watch and chain, he hit me"; and that he was not near the Clyde public-house that night.
GUILTY .*—He then PLEADED GUILTY to a conviction of felony at Clerkenvell in September, 1892.— Nine Months' Hard Labour.
MR. GERMAINE Prosecuted, and MR. WARBURTON Defended.
THOMAS HENRY COURT . I carry on business at 157, Great Portland Street, in my own name, but under the sign of the Philatelic Auction Company—I have known the prisoner about thirteen years—I saw him early in December relative to the sale of stamps, and engaged him unuer this agreement, which is in his writing. (By this the prisoner agreed to
conduct any auctions of stamps for £5 each sale, arid not to undertake any similar sales in London). On December 9th he held an auction for me at 38, Chancery Lane, and sold certain stamps to Mr. Gowelb—I gave him instructions that he was not to take any money—I was there the whole of the time—Mr. Gowelb did not take the stamps away; he said, "Send them on"—a few days afterwards the prisoner called at my house, and asked if he should leave the stamps—I said, "Yes"—he said, "Shall I ask for a cheque?"—I said, "No," and he took them away—I saw him again; I think it was next day—he said that he had left them with a young lady, but said nothing about having received a cheque—I wrote to Mr. Gowelb, but gob no answer—I wrote again, and posted it myself, but got no answer, and Mr. Gowelb said that he had paid the prisoner, and went to his bank, and got this cheque (produced)—this endorsement ia in the prisoner's writing—he had no authority from me to endorse the cheque—on the same day I met him in the street, and taxed him with it—he said. "I admit I have had the cheque; if you will wait I will pay you."
Cross-examined. I only know of one case of his endorsing cheques—I took the shop, but not from the prisoner; I would not take it from him—he had been in possession, but was not in April—the landlord was obliged to give him notice—he was not really my partner, though it did not appear in writing—I swear I did not ask him to write me this letter as a blind—I was only away once; that was when I went for a holiday for four weeks, but I should be surprised to hear that the prisoner was there every day—I have not paid him any salary—I have been dealing in stamps out of business hours—I know Mr. Bull very well; the prisoner has purchased there; he did not endorse a cheque for £60 for me for the landlord, not in the name of the company, but in my private name—Mr. Rochliffe got the cheque without my authority, and put my name on it; he gave me the money, and I told him not to do it any more—the information came from him after he found it out—I have never seen a cheque for £12 drawn by Mr. Bull, last September; I should say that he has accounted for it; I believe I have had the money—I believe there was another stamped cheque drawn and endorsed by Mr. Thompson, who took the whole lot away, and gave me two £5 notes—while I was making inquiries, I found he had forged the endorsement on another cheque—I cannot say whether that was drawn by Thompson; I gave him no authority, but I had the money—I know Mr. Cox—I constantly received money from the prisoner in the shop—I totted up how much he was to receive—I did not pay him the £5, because, when we found the sales did not answer, I gave him less; the average was £3—I made a loss on the sale of the 18th—this agreement was stamped later on.
Re-examined. When we had a loss the prisoner did not share it; he had more than half in every case, because I never deducted anything—I did not give him authority to sign a cheque; I paid the rent and everything.
MORRIS GOWELB . I am a stamp-dealer, of 88, Strand—I attended an auction sale in Chancery Lane, and bought stamps amounting to £35 5s.—I have dealt with Mr. Court once—I paid Mr. Rochliffe—the prisoner owed me £18 in November, and I gave him this cheque, and asked him to deduct £2 5s. out of it for what I owed him—he told me he had no concern in the business whatever.
ARTHUR PYKE . I am a solicitor and parliamentary agent, of 66, Lincoln's Inn Fields—I have had transactions with the prisoner, and he owed me £70 or £80, exclusive, I think, of this cheque—I asked him about December 12th to pay a portion of it off, and on December 12th he brought me this cheque for £31—I knew that he was dealing in stamps—I made no inquiries about the endorsement—I paid it into my bank, Child's.
Cross-examined. I have had several cheques endorsed like this, but some were endorsed "Manager," and some "The London Philatelic Auction Company, L. Rochliffe, Manager."
FREDERICK WILLIAM WELCHMAN . I live at 7, Dalby Terrace, Dorset Square, and have been some months engaged at the prosecutor's in his business—I have heard him say to persons who came in, that he only acted as auctioneer, and I have heard him say the same at the sale-room in Chancery Lane.
T. H. COURT (Re-examined by MR. WARBURTON). These two sheets do not represent the account between me and the prisoner; they are simply memoranda—the prisoner agreed with me that if he introduced any customers to me, I should allow him a certain amount out of it, and this 9s. represents money which ought to have been paid to me—the 9s. a week does not represent money supposed to be owing from the prisoner—these are not half the expenses; they are about a third—I agreed verbally with the prisoner, if he brought me any customers I was to make him an allowance out of it after paying expenses—this is not what he is supposed to owe me; it has nothing to do with this company; it is long previous—this 9s. a week is not half the office rent, which I debited him with—this date is April 4th, 1896.
Re-examined. I told the prisoner as a friend that if he brought me any customers, or assisted me in selling, I would pay him, and that is the 9s.—he did not share in the losses.
Evidence for the Defence.
THEODORE GOULD . I am managing director of Bull and Co., of Victoria Street—I have known the prisoner about two years—he is called the London Philatelic Company—I have been in the room on two or three occasions when sales have been going on—I have seen the prisoner selling stamps—when things were purchased for me the prisoner brought the money—I produce the cheque for £12 which we have had here to-day—on May 6th I drew a cheque for £60—I should address a communication to Mr. Court if stamps were bought by him—we have been purchasing for the Philatelic Company—when purchases were made by them we received their money, and when by Court, we received Court's money—I received one letter from Mr. Court, dated October 9th; I was not to take his bids in future, as he had been buying rather freely.
Mr. Court was to receive his share—I did not hear anything said in Court's hearing as to what their positions were.
The prisoner received a good character.
GUILTY .—Recommended to mercy by the prosecutor, and two friends offered to be security for him.— Judgment Respited.
THIRD COURT.—Friday, March 12th, 1897.
Before Robert Malcolm Kerr, Esq.
254. JOHN WILSON , Unlawfully assaulting William Faux in the execution of his duty. Other Counts—For occasioning him actual bodily harm, and for assaulting Albert Snelgrove and Henry Green. (See the case of Michael Shea, page 411).
MR. HUGHES Prosecuted, and MESSRS. DRAKE and HARRISON
GEORGE MORGAN . I am a fishmonger, of 2, Wells Street—about 2.30 p.m., on August 10th, I was in the Marlborough Road—I saw the prisoner among a crowd there—Heisenbottel was assaulted near the Lee Arms—Faux went to his assistance, and held someone in the crowd—there was a struggle, and Faux was obliged to release his man to arrest another; then the prisoner came up and bashed him at the top of his head with a stick—two constables seized the prisoner—100 or 150 men were round the constables at that time—severil tradesmen came up and assisted the police—the pressure on the gates forced them open, and the crowd fell through—the prisoner escaped—on the 19th inst. I was called to the Police-court, and I identified the prisoner immediately, as being there at the time of the assault, from nine or ten men—I have no doubt he is the man who attacked Faux.
Cross-examined. Both the assaults on Faux took place in about three minutes—I did not see assaults by five men—of the 150 people in the crowd only four or five were round the constables at the time engaged in the struggle—when Faux was struck there were not fifteen or twenty people surrounding the policemen; four or five men only were close to them—after the blow was struck there was a general ruslv—two officers took Wilson away—I know the tradesmen who were there, and the names of two or three of them, and their shops—I am the only one here to-day—I believe the tradesmen who helped the police came out of the saloon bar of the Lee Arms—I did not see a man with a truncheon—I saw Heisenbottel struck with a stick by Lunn, about a minute before the prisoner struck Faux.
Re-examined. The crowd came running from all directions to see what was going on.
ALBERT SNELGROVE (330 J.) On August 10th, at 2.30, I was in Shrubland Road—I heard a whistle, and went to the assistance of Faux—I saw the prisoner strike Faux with a stick with a large knob at the end, on the back of the head—I assisted Green to take the prisoner into
custody—he was very violent all the way into Queen's Road—a cry of "Rescue" was raised by the mob which followed us; they were friendly to the prisoner—the prisoner threw us to the ground—a savage attack was made on Green by another man, and the prisoner got away—Sergeant Brown was struck, and Green knocked down—I next saw the prisoner at the North London Police-court, going with others into the cells, and I identified him—I have no doubt he is the man who struck Faux.
Cross-examined. Wilson struck me after he struck Faux—I had him in custody when Brown and Green were knocked to the ground—I was assaulted by Foster.
HENRY GREEN (317 J.) On August 10th, about 2.30, I was in Shrubland Road on duty—there was a crowd—I heard a police whistle, and went in its direction, and saw the prisoner with a stick, in the crowd—he struck Faux a severe blow on the back of the head—Snelgrove was assisting Faux before I came up—Snelgrove took the prisoner into custody—I went to his assistance, and we took the prisoner as far as the Marlborough Road; he threw us both to the ground—a threatening crowd was following—when on the ground I was assaulted by another man—Sergeant Brown came to my assistance—an attempt was made to arrest Wilson—we got him to Shrubland Road—a cry of "Rescue" was raised—we backed up against the wall and drew our truncheons—in the attack Wilson escaped—Brown was injured with a stick or stone—I was attacked by Shea, and incapacitated for work from August 10th to November 9th.
Cross-examined. I did not identify the prisoner at the station; I believe he is the man, but I was not able to identify him.
Re-examined. I was only unconscious for a minute; I was carried away.
FREDERICK BROWN (Sergeant, 2 J). About 2.30 on August 10th I was on duty at the corner of Marlborough Road—I saw Green and Snelgrove taking the prisoner towards the station—I went to their assistance, as the prisoner threw the officers—we were surrounded by a mob, who cried, "Rescue him!"—the prisoner kicked me in the ankle, not severely—I received a severe cut on the head from another man—the prisoner got away; I have no doubt he is the man.
Cross-examined. The prisoner kicked me while I had him in custody—I believe to-day is the first time I have said he kicked me; I preferred no charge against him—Shea also kicked me—a lot of stones were thrown.
Re-examined. I had hold of Wilson at one time; he was struggling very violently.
EDWARD SHAW (207 G.) On August 10th I was at the corner of Shrubland Road—I saw the prisoner in the custody of Brown, Green, and Snelgrove; he was struggling violently with them, and kicking—an attempted rescue was made, and the prisoner escaped.
Cross-examined. The prisoner was kicking all the way round—I did not see him assault Faux; he kicked Snelgrove; I did not see him hit him with a stick—the prisoner had nothing in his hand when I saw him.
Re-examined. I first saw him in custody in Shrubland Road, 700 or 800 yards from the Lee Arms—I only saw the second assault, not the first.
beard a police whistle, and got up, and at the top of Queen's Road I saw the prisoner walking away.
CHARLES HOWARD JACKMAN (Assistant Divisonal Surgeon, G.) On August 10th I examined Faux—he was suffering from a cut on the back of his head, and one on his buttock—the cut on the head might have been caused by a blow from a stick—he was on the sick-list about nine days—on the same day I examined Snelgrove—he was suffering from a severe bruising of the muscles of his thigh, which might have been caused by a severe struggle.
Cross-examined. The cut on Faux's head might have been caused by many things; a stone would have caused it—the cut on the trousers was caused by a knife—Snelgrove had no cuts, only bruises.
Re-examined. Green had injury to his head, and severe bruising of his spine across his back, which set up inflammation of the spinal cord—he was suffering from concussion of the brain when I saw him.
GUILTY .—Fifteen previous convictions were proved against the prisoner, and he was stated to be the associate of the most dangerous criminals in the East-end.— Five Years' Penal Servitude.
MR. MONTGOMKRY Prosecuted.
ROBERT ROBERTS . I am an accountant, living at Vanburgh Villa, Blackheath—on February 16th I was in the City Road at 7.15, crossing Bell Yard—I noticed three men in a doorway, a few yards from one another—immediately I crossed the doorway the prisoner looked round, and then started running as fast as he could across the court, with his head down and his cap almost covering his head—I turned to let him go by, when I felt a tremendous tug at my chain, and found that four links, and a silver match-box,'and a scarf ring inside the box were gone—I was about to follow, when three men came from the doorway and said, "What is up, governor-"?"—I thought I had better not go up the court—I went to the Police-station at once, and gave a description of the men, and all the information I could—on the following Saturday, about eight, I received a telegram, in consequence of which I went to Old Street Police-station and identified the prisoner from among twelve others.
WILLIAM PILLER (442 G.) On February 20th I was in Lever Street about two p.m., and I met the prisoner, who answered the description of the man wanted for this robbery, of which I had heard—I told him I should take him into custody on suspicion of stealing a chain and other things, at about 7.15 p.m. on the evening of the 16th, in the City Road, from the person—he said, "You have made a mistake; it is not me"—I took him to the station, and he was detained—the prosecutor identified him at once from a number of men—when the charge was read to him the prisoner said, "I was not there."
The Prisoner called
MRS. GIMMETT. On February 16th you did not get up till 5.30—you asked me to lend you a broom to sweep your wife's room, and then you turned my machine for me, and at 7.30 or 8.15 you went out to meet your wife; you came home just after eight, and did not leave the hduse again that night.
Cross-examined. I live at 104, Ironmonger Row, near the City Road—I knew the time because I wanted to make a pledge, and was too late—I am quite sure it was 7.30 before the prisoner went out—I had no clock in my kitchen, but I saw the time at the corner of Lever Street—I made the pledge the next day, and the pawn-ticket was dated the 17th—the 16th was a Tuesday.
The Prisoner, in his defence, stated that he knew nothing of the robbery.
GUILTY .—He then PLEADED GUILTY to a conviction of felony in April, 1896. Seven other convictions were proved against him.— Three Years' Penal Servitude.
HENRY JOHNSON THROWER . I am a schoolmaster, living at Finsbury Park—about 4 45 p.m. on February 17th, I was in Bridport Place, Hoxton—I was stepping off the kerb to meet a coming tramcar, when a man rushed behind me, struck me in the chest, snatched my watch, and turned round on the same side as he had attacked me; so that I had to turn to see who he was—I wont after him down Rushton Street, but did not catch him—this is my watch—the prisoner is not the man who stole it and my chain.
JAMES WATSON . I am a tradesman in Bridport Place—on the afternoon of February 17th my attention was drawn to the prisoner and two men loitering about there frond an hour to an hour and a half—at the end of that time, as the prosecutor came up the street, one of the men crossed the road, and struck him with his left hand, and caught hold of his watch with his right—I ran after him, but did not catch him, but he was caught, and then the prisoner came up and took the watch from him, and made off—I ran after the prisoner—he was caught—eventually the watch was handed to a constable—I did not see the watch passed.
Cross-examined by the Prisoner. You did not pick the watch up—when they were going to catch you you flung the watch away—it was some time before we could catch you.
Re-examined. I have no doubt the prisoner was in the company of the man who stole the watch; I watched them for over an hour.
JAMES WATSON, JUN . I am in business with my father in Bridport Place—on the afternoon of February 17th my attention was attracted to the prisoner and two others—I saw one of the other two take the prosecutor's watch and run down Rushton Street and across Sharply Street—I followed, with my father—when they got into Minton Street the prisoner came up, and the watch was passed to him, and he ran away, followed by several people—when he saw they were getting near him he threw the watch away—I am quite sure he received it from the other man.
CHARLES HOLLEN . I am a coachman, of Bridport Place—on this afternoon I saw a man stop, rather exhausted, and the prisoner ran to him, and received a watch from him, and tried to get away at the other end of Minton Street, but he was driven back and ran into my arms, and I handed him over to the policeman on the point.
over to me by Hollen—subsequently a watch was handed to me by someone in the crowd—the prisoner said nothing.
GUILTY .—He then PLEADED GUILTY **† to a conviction of felony in December, 1896.— Eighteen Months' Hard Labour.
WALTER WILSON . I am a printer, living at Southgate Road—on February 16th I was passing down East Road about seven p.m.—I had just unbuttoned my overcoat when Clark came on my left-hand side, and snatched at my watch and chain, and ran across the road—I chased him, and shouted, "Stop thief!"—he went down Custance Street, and, as I was entering it, Branchflower knocked up against me—I thought at the time he was joining in the chase, and assisting me—I ran on, and was getting near Clark, when Branchflower kicked me in the legs, and struck me on the back, and threw me down—while I was on the ground Constable Jones came up, and I pointed out to him Clark running down the road—the constable arrested Branchflower—when Clark was apprehended I was called to the Police-station, and I identified him from eight or nine others—I am sure the prisoners are the two men.
Cross-examined. East Road runs into New North Road—it is very crowded at seven p.m.—I next saw Clark a fortnight afterwards at the Police-court—Branchflower tripped me up in Nile Street—Branchflower said I had made a mistake, as he had only just come out of a public-house in Meneyer Street—I heard him say at Worship Street, when he was committed for trial, that he had a bad leg, and could not run—I did not hear him ask the policeman to look at his leg—a crowd gathered—I heard a woman say, "This man has just come out of the public-house"—a little boy was sent for a constable—I did not hear a little boy say anything.
HENRY JARNES (449 G.) On February 16th I heard shouts of "Stop thief!" in Nile Street, and I went there, and saw the prosecutor lying on the ground—he got up; I asked him what was the matter—he said that while proceeding along East Road he had been robbed of his watch and chain, and that the thief went through Custance Street—we ran in that direction—I saw Branchflower walking along Moneyer Street—the prosecutor said he was the man that tripped him over while he was running after Clark, and I took him into custody—Clark was pointed out to me when I had Branchflower, but he got away—I subsequently identified Clark from eight or nine others at the Guildhall.
Cross-examined. I had not passed through Moneyer Street—when I arrested Branchflower he said, "I have only just come out of a public-house; I cannot run, I have a sore place on my leg"—there was a public-house thirty, or forty yards away—he made no resistance—there was a boy and several women there—I did not go into the public-house to ask if he had been there—the women said the man had come out of the public-house—I asked them to come to the station; they refused to do so—Clark was a few yards away when the prosecutor pointed him out I next saw Clark on March 3rd at the Guildhall—I identified him
then—Wilson identified him from eight or nine—Branchflower did not ask me, or others in my presence, to examine his leg.
FLORENCE STUBBINGS . I am thirteen—on February 16th I was in Nile Street; I heard cries of "Stop thief!"—I saw Branchflower knock the prosecutor in the back, and knock him over—Branchflower ran up Nile Street, and Moneyer Street—the prosecutor and a policeman ran after him I am sure about Branchflower; I afterwards picked him out.
Cross-examined. I was looking at a china stall; there were a great many people looking at the stalls; about thirty people were round the china stall—I went to the Police-station the same night and identified Branchflower; only the policeman was in the room as well—this is the first time I have given my evidence—the policeman told me to go to the Police-station the Wednesday after—I heard a man say, "That man was in a public-house."
Re-emmined. I was standing on the outside of the crowd round the stall.
GUILTY .—Clark then PLEADED GUILTY to a conviction of felony at this Court in March, 1895, in the name of John Shaw, and Branchflower to one in April, 1895, at this Court. Four other convictions Mere proved against Clark, and six against Branchflower.— Seven Years' Penal Servitude each.
ALICE EATLY . I am a tobacconist at 81, King's Road, Chelsea—on February 23rd the prisoner came in for a penny packet of cigarettes—I had seen him once before—he gave me 1s.—I gave him 5d. and 6d.—he put the change in his pocket, and then took his hand out and said,'I have plenty of change, give me that 1s. back"—I gave it to him, and he gave me a penny for the cigarettes; he still had the ild. change—he then said, "Will you give me a florin for two single shillings?"—I said I had not got it—he whistled another man in, and that took my attention off', and I gave him two single shillings—he and the other man talked in an undertone, and I listened, and did not think anything more then about the change—then they went out—I then looked at my money, and found I was 1s. less—I put on my hat, and went to look for the prisoner, and when he saw me he said, "What is the matter?"—I said, "You know; you know what you did before; I shall give you in charge"—he said, "For God's sake, don't!"—I followed and charged him.
Cross-examined by the Prisoner. The other man ran down the next street, and I could not follow you both.
CHARLES EDWARDS (308 B.) On February 23rd I was on duty in the King's Road, Chelsea—I was called to Manor Street about four—I saw the prisoner and the prosecutrix, who stated that the prisoner had stolen 1s. from her shop, and gave him in charge—he made no reply—at the station 1s. in silver and 12d. bronze was found on him.
GUILTY .—He then PLEADED GUILTY to a conviction of felony in August, 1892, in the name of John Lantell. Seven other 'convictions were proved against the prisoner.— Twelve Months' Hard Labour.
OLD COURT.—Saturday, March 13th, 1897.
Hefore Mr. Common Serjeant.
MR. WILKINSON Prosecuted, and MR. CAMPBELL Defended.
ARTHUR WILLIAM BAYLISS . I am a traveller in the employment of the Yost Typewriter Company, of 50, Holborn Viaduct—on October 5th I saw the prisoner there about ten a.m.—he had previously seen our manageress—he told me he wished to try one of our machines—I arranged to meet him at his office the same day—later on I went to his office at the Clock Hoube, Arundel Street, and saw him—he said he was a wine agent, and had a great deal of correspondence, and it would be a convenience to have one of our machines at once—I agreed to let him have one for a week's trial—he was told at the office the price was £23—at the end of a week he would return or retain it; that was stated on the invoice that was sent in—I did not tell him that—later that day I gave directions for a typewriter to be sent, and this one, No. 28,294, was sent—in the afternoon I went to the Clock House again, about four o'clock, and Raw the typewriter there—I toll the prisoner I had called to see if he wanted any further instructions about manipulating the machine—he seemed to understand how to use it—nothing was said about the terms upon which he had it—the invoice would go by post that night, or the next night—I called at the Clock House every day for four or five days before I saw the prisoner again—I saw him four 'or five days later at his office—I did not see this machine there, but another one—I said the Yost was not there—he said, "No, I have a great deal of correspondence to do, and I have taken it to my private residence"—he did not say where that was—I made no application then for payment—I subsequently sent an, invoice of the price; it has never been paid—we took some steps to enforce payment, but they were ineffectual—subsequently we gave information to the police.
Cross-examined. We issued a writ against the prisoner for the price of the machine, and obtained judgment against him for goods sold and delivered—the goods were supplied to him on approval for a week; that is our usual practice; sometimes the person can keep it for a week or two—I don't remember what I said to him.
By the COURT. If he had kept the machine he would have had to pay for it—we recovered judgment some time before we heard of the pledging of the machine on the very day it was obtained—we did not institute criminal proceedings; we are only witnesses for the Crown.
ARTHUR WOODTHORPE . I am manager to Messrs. Hoare and Son, pawnbrokers, of 1,4, Cranbourne Street, Leicester Square—on October 5th, 1896, this typewriter was pledged with us by the prisoner in the name of H. Young, 18, Arundel Street, for £6, for three months—this is the contract note—he brought a letter of introduction from another pawnbroker; I did not know him lefore—it is still in pledge.
JOHN THOMAS PETT . I am housekeeper at the Clock House, 7, Arundel Street, Strand—the prisoner occupied one room on the third floor as an office, from Michaelmas last, under this three years' agreement—he came into possession at the beginning of October, and stayed for two months—he
came back on two occasions after that, and wanted to get in—he brought some furniture there; it was taken away in November, and after that I did not see any thing of the prisoner—he left no address with me—no business was carried on there—I live on the premises, in a room just above the prisoner's office.
Cross-examined. I last saw the prisoner at the house at the end of November or beginning of December.
By the COURT. He did not pay his rent at all—he was at the office three or four times a week; he had no clerks—he would remain for ten or fifteen minutes, or perhaps a little longer—I was always there—on going away he locked the office up.
By MR. CAMPBELL. I have heard he was a wine and cigar merchant—his business might take him away from his office—the lift boy would know when he came; he always went up by the lift—the landlord would have references with him.
JOHN OTWAY (Detective, City.) I arrested the prisoner on February 10th on another charge—at the Police-court he was charged with, and committed for trial on, this charge—I searched and found on him two pawnbrokers' contract notes for typewriters, one a Remington; and thirty-five pawnbrokers' duplicates relating to watches, rings, pins, bags, umbrellas, walking-sticks, field-glasses, cigars, and other things—I have seen the articles at the pawnbrokers; they are most of them new—the dates of the tickets are from June to the end of December, 1896—ten of the tickets are for October—I also found 1s. 1d. on him—I searched the room he had occupied at the Clock House—I found a number of letters, three of which are produced, asking for situations abroad; two of them are dated November 23rd and 26th, 1896—this special contract note relating to a typewriter was handed to me by the landlady where he lodged.
The Prisoner, in his statement before the Magistrate, stated that he would Plead Guilty to the charge of illegally obtaining the typewriters, but that when he ordered them he was expecting £100, and had no intention to defraud.
MR. CAMPBELL submitted that as the prosecutor parted with the goods under circumstances that enabled the prisoner at any moment to acquire the property in them, there was no larceny; that the company could not sue for the return of the typewriter, but only or its price; and that the act of pawning was conversion of the property to him (Kirkham v. Attenborough, and Kirkham v. Gill, 1896, 1 Q B.) The COMMON SERJEANT ruled that the case must go to the JURY.
There were two other indictments against the prisoner. The police Mated that there were numerous complaints against the prisoner.— Twelve Months Hard Labour.
Before Robert Malcolm Kerr, Esq.
ROBERT GEORGE DEMUTH . I am a hairdresser, of 18, Alley Street, Tidal Basin—between 9.30 and 10.30 on February 25th, I was in the Victoria Dock Road—I had had a glass or two—I had a silver watch and this gold chain—I felt a blow at the back of my head, and heard someone say, "There goes Demuth"—I was rendered insensible—I found myself at home next morning—I missed my watch and chain—I found the bar of the chain in my passage, broken off—on the afternoon of the 26th I went to the Police-station, and gave information to the police—I showed them the bar, and they showed me the rest of the chain except three or four links—I was knocked down about a mile from Dale Road.
ALEXANDER ZUKER . I am a watchmaker, of 109, Rathbone Street, Canning Town—on February 26th, between ten and eleven, Gilford came to my shop and showed me this chain without a bar, as it is now, and wanted to sell it—I asked him where he got it—he said he found it down the New Estate—I asked him where he lived—he said, "53, Vinces Street"; that is on the New Estate—I said I would call on his parents—then Fraser came in and said, "It is no good you going there, because they have gone away, and the place is empty"—Fraser said, "I think you want to nick it," meaning the chain; "I will get a policeman"—he went out, and came in with a policeman, to whom I handed the chain—the policemen took the prisoners.
GEORGE GUNTER (349 K.) On February 26th, at 10.30 a.m., I received information, from a lad unknown, as to the prisoners being in Zuker's shop—I went there—Zuker had the chain in his hand—Gifford said, "This man has detained my chain"—I asked Gifford who it belonged to—Gilford said he had brought a chain to sell for his mother; afterwards he said he and Fraser had found the chain in Dale Road on the New Estate—Fraser, who was in the shop, tried to bolt when he saw me, but I de-tained him—Gifford said that he and Fraser were going to divide between them the money they got for it—I told the prisoners I should take them into custody for unlawful possession. The COURT considered there was no case to go to the JURY;
NOT GUILTY .
CHARLES FELTON . I live at 57, Tucker Streets, Canning Town, and am a corn porter and costermonger—the prisoner lived in the same house—on February 20th, at 11,10, I came home, and knocked at my door—my wife opened it—as she did so the prisoner came up and said, "That 3s. you received is no good to you, you f—"—I am his landlord he referred to 3s. he had paid towards five weeks' rent—I said, "Hold your noise; I want my brass"—he hit me on the top of the head with a poker, or something; I don't know what it was; it was not his fist—he, knocked me down three times—I was covered with blood—the prisoner scrambled over me and got his coat off, and said, "Come outside, and I will show you how to fight"—I could not; I was knocked senseless; I had to get the blood out of my eyes—he was in the road, shouting to me, to come and fight—a constable was sent for, and the prisoner was taken
into custody—I was taken to the Police-station and seen by a divisional surgeon, who ordered my removal to the Poplar Hospital—my wound was dressed, and I was sent home—I have attended as an out-patient till yesterday.
Cross-examined. I had known the prisoner for some years—we had been friendly at times, and at times had had a bit of a scuffle—he has never helped me in costermongering—I was attacked inside the passage—there were no lights in the passage—my little girl usually comes to take my basket—I could not see properly; it was dark—I did not see Jane Harrington—there was no fighting before I was struck—Jane Harrington did not try to separate us—my wife fell on me to save the blows—my wife did not send our little girl upstairs for the poker when the fighting began.
MARY ANN FELTON . I am the wife of Charles Felton—shortly after eleven on February 20th I went down in the passage to let my husband in—the prisoner was there—it is a long and narrow passage—as I opened the door the prisoner said, "You are none the better for receiving my 3s."—my husband said, "What, 3s. for five weeks' rent?" and as he put his foot to come into the passage he was knocked down once or twice by the prisoner—I could not say what he hit him with; it was dark—a poker was found in the passage by the constable, but I could not say if that did it—it is my poker; I lent it and a chair to the prisoner's wife when she was confined in November—the prisoner and his wife had had it since then.
Cross-examined. When this took place the door was open—my husband was just inside the passage—no one else was there when it happened—Jane Harrington was not there—I did not send my little girl upstairs for the poker—Jane Harrington did not interfere—I did not use the poker, and accidentally strike my husband in the dark—I did not use it at all.
ARTHUR JOHNSON (628 K.) At 11.15 on February 20th I was on duty in Tucker Street—I heard cries and screams, and went in the direction—at 57, Tucker Street, I saw Felton lying on the floor of the back room, with three large scalp wounds—I raised him, and found he was bleeding very much—he seemed in a semi-dazed condition—he said he would charge the man that did it—I went downstairs with the prosecutor—I, met the prisoner in the passage; the prosecutor said, "That is the man that did it; I will give you into custody"—I took him into custody, and took him to the station—I took Felton to the station, to be seen by the divisional surgeon, who examined him in my presence, and directed me to take him to the hospital—on February 22nd I called at 57, Tucker Street—I saw the prosecutor in bed—the poker was given to me by Hunt.
Cross-examined. I said to Lee, "Did you do it?"—he said, "No."
CHARLES HUNT (102 K.) At 11.15 on February 20th I went with the last witness to 57, Tucker Street—I found this poker (or handle of a shovel, I believe it is) on the staircase leading to the passage—there were no marks on it.
ANGUS KENNEDY . I live at 113, Balbam Street, Plaistow, and am assistant divisional surgeon—on February 20th, about midnight, I was called to Plaistow Station, where I examined the prosecutor—he had three large scalp wounds on the vertex: they had been caused by some
blunt instrument, and there was soot in the wounds—this instrument might very likely have caused them
Witness for the Defence.
JANE HARRINGTON . I live at 57, Tucker Street, Canning Town, and am single—I am niece to the prisoner—my mother lives in a little court by the side of 57—on February 20th I visited my mother, and on coming back to 57 I saw the prisoner and the prosecutor fighting in the passage—Mrs. Felton and her little girl were there—I tried to stop the fight, and tried to get in between them—Mrs. Felton sent her little girl up for the poker—the little girl brought the poker down and gave it to her mother—the fight was still going on—Mrs. Felton used the poker—it was dark in the passage.
Cross-examined. I did not know that there had been some disagreement about rent—I do not know that my mother threatened the prosecutor—I know the Magistrate sent a policeman to caution her—I was in at eleven o'clock, before the prosecutor knocked at the door—I was just coming out from my mother's door—I heard no screams; there were none—I was standing close against the street door, outside it, when I saw Mrs. Felton use the poker—there was no light in the passage—the struggle went on in the passage—she sent upstairs for the poker; I did not see her use it.
Re-examined. There were no screams at that time—I was there when the constable came, half an hour afterwards—I saw the little girl give the poker to Mrs. Felton.
GUILTY .— Six Months' Hard Labour.
Before Mr. Common Serjeant.
REGINALD BETTRIDGE (421 K.) I was in company with Officers King and Godding on February 12th, about 6.30 a.m., in Trafalgar Road, East Greenwich—I was going off night duty—we met the prisoners, each carrying a parcel—I stopped them and said, "What have you men got in those parcels?"—Bardell said, "Tools"—I said, "What tools?"—he said, "Carpenters' tools; we have been working all night at Woolwich"—I said, "This looks like a clock you have got here"—"Yes," he said, "the tools are on the other side"—I said, "Where did you get the clock from?"—he said, "I got it from my workshop at Woolwich"—I found no tools except this steel jemmy and this dagger—Day was also carrying a clock wrapped in a map of the Eastern Hemisphere—I asked Day where he got the clock from that he was carrying—he said, "Ask my father there in front"—I said I was not satisfied with their answers, and should take them to the station.
CHARLES HENRY THORNE . I am quartermaster in the 3rd Dragoon Guards—this is Government property, and was in the schoolroom on Woolwich Common—entrance had been effected through a window, which I think was insecurely fastened, and could be raised by a jemmy enough to effect nn entrance.
GEORGE TRUSTRAM . I am a private in the 3rd Dragoon Guards—I recognise these articles; they were safe in the schoolroom on February 11th, about five p.m., when I shut the place up—the next morning I found the place opened—nobody sleeps there—two cupboards had been burst open, and a lot of property taken, including a tablet of soap, inks, and pen-nibs.
The Prisoner Day's Statement before the Magistrate was: "I did not break into the schoolroom; I was coming along Woolwich, when a man asked me to carry a parcel, which I did, and while I did it a constable came up and asked me what I had there. I said I did not know; ask the man."
Evidence for the Defence.
James Day and Edward Sims were called, but did not answer.
WILLIAM BARDELL (the Prisoner.) I have pleaded guilty to this burglary—I have been in custody ever since—I do not know the other prisoner—I never saw him before that morning—he asked me the way to Greenwich, and I said I was going in that direction, and would show him—when I had walked 100 yards I asked him to carry one of the parcels, and I would treat him when we got to Greenwich—I turned round to see what was the matter, and heard Day say, "Ask that man"—we were taken to the station and charged together—I told the detective at Green-wich Day was a stranger to me. (Detective Rutherford called in.) That is the man I told—that was after I was charged—the reason I did not say so before is, I was not asked.
Cross-examined. I was convicted on July 1st for felony—I am a labourer—there in another indictment to which I have pleaded not guilty, for breaking into a public-house, the General Abercromby—I made no attempt to use this dagger on the officers—I got it in 1888 or 1889—it looks new because I kept it separate with my things in a box—I left it with a friend of mine—I had no particular purpose in carrying it that morning—I used it to cut the strings round the clocks, but I tucked it under my coat, and it fell out—this is my jemmy—I have been convicted twice—on October 21st, 1895, I was sentenced to eight months for ware-house-breaking; and on July 1st, 1896, I was imprisoned from Woolwich Police-court for stealing.
Day's defence was that Bardell, who was a stranger to him, asked him to carry one of the parcels when the three, constables stopped him; one asked what he had got, and he answered, "I do not know; ask that man."
DAY— NOT GUILTY .
BARDELL PLEADED GUILTY to a conviction
felony at Woolwich Police-court in, the name of William Christie, on July 1st, 1896. (See next case.)
ALFRED GODDING (230 R.) I was with the other officers, and stopped Bardell, on February 12th—I took him into custody—when I got to Park Road Police-station, about four steps up to the station, I was handing Bardell up; he stepped on to one step, and, suddenly stepping back on to my left foot, swung his left arm round and got free—he ran up Park Road and into Romney Road; I ran after him, and when within about fifteen yards he drew something from under his coat on his right side, pointed it at me, and said, "Stop"—I thought he had a revolver—I did not stop, but ran in zigzag fashion; still I gained on him—he pointed it it me again when I was within ten yards, and said, "Are you going to stop?"—I said, "No"—I kept on running, and saw it was a knife he had got—I got within three or four yards, when he stopped and took the dagger in his hand in this manner, and said, "If you don't stop, I'll put this into you"—I got my truncheon in my hand—he said, "Are you going to hit me with that?"—I said, "Yes, if you do not drop that knife"—I closed with him, and tried to knock the knife out of his hand—I gave three blows; with the second blow I knocked the knife up and struck at him, but missed and struck the rails of the College, and got my arm through the rails; the prisoner made for my stomach, and Sergeant Nicholls came up and held his wrist—he had heard my whistle—he took the dagger from him—the prisoner made three lunges at me, two at my head.
Cross-examined by the Prisoner. I was on your left at the station, and had you by my right hand—you were on the step in front of me when you stepped bock on to my left foot—I called out, "Stop him"—I did not pee anyone hold out his hand—you said, "I will give myself up and go quietly," that was after the sergeant got this knife away from you.
JOSEPH NICHOLLS (Sergeant R.) I was on duty at the station when I heard shouting outside, and a police whistle—I went out, saw Bardell running, and took up the chase up Romney Road after Godding—I saw Bardell stop suddenly, take the dagger from his coat, and say to Godding, "I'll put this into you," at thesame time making a lunge at him—the constable warded that by his truncheon, but his foot slipped, and he fell against the railings of the Royal Naval College, and Bardell made a second lunge at him—when he made a third lunge I put my right hand over his closed hand with the dagger, and my left hand below the wrist, and bent the wrist backwards—I said, "Drop that dagger"—he said, "All right, governor, I will give in and go quietly"—he was taken to the station.
Cross-examined by the Prisoner. I had a serge jacket on with pockets—I was about fifteen yards off when you stopped first—you made three deliberate blows at the constable, one when I was ten yards off, another when I was ten or eleven feet off—the dagger was in your right hand—I anded you over to King—I held you by the coat collar with my left and—I carried the dagger in my right hand to the station—I did not
put it in my pocket—only two constables came up—you made no protest against the constables striking you—I never saw a constable strike you.
Re-examined. Afterwards, when King was taking him from me, he struck King.
THOMAS KING (279 R.) I assisted Godding in taking Bardell into custody on February 12th—about half-way to the station, Bardell refused to carry the bundle any further, so I took it off him, and followed behind—he suddenly broke away from custody, and turned in the direction of the Romney Road—I threw down the parcel and followed in the chase—when I got about half-way down the Romney Road I saw Bardell draw this knife—it was in his right hand—I was twenty yards off—a few minutes afterwards I saw him make two strikes at 230 R—I followed Sergeant Nicholls, and we closed with the prisoner—he struck me across the throat with his fist—I held him by the collar after the knife was taken from him.
Cross-examined by the Prisoner. Nicholls held the knife in his right, and you with his left hand—you struck the sergeant with your right hand—I and another constable held you, and took you to the cell—when in the cell my boot did not knock up against your trousers—I did not call you a b——sod—you were stripped and searched; you had left on you your under-clothing and trousers—I did not hold a revolver over you. and say, "You b——sod, I'll cover you if you move; I'll blow your b——brains out!"—I did not remain in the cell—I did not strike you in the chest, and say, "I'll make you run away."
By the COURT. The prisoner was very violent, and a revolver was brought on the scene by Sergeant Nicholls.
The Prisoner, in his defence, said a constable put his hand up to stop him; he had a bad pair of boots, and the knife he had in his hand was to cut string; he was accused of striking the sergeant, who said he was not there, and when near the station they kicked him, and struck him twice. If he had wanted to do away with the constable, he could have done it.
GUILTY .— Five Years Penal Servitude.
Before Mr. Justice Grantham.
MESSRS. CHARLES MATHEWS and BODKIN Prosecuted, and MR. KENBICK
Defended, at the request of the COURT.
GUILTY . There were three other indictments for similar offences upon other women.— Five Years" Penal Servitude.
JOHN DURGERRIAN (Interpreted.) I am an Armenian, and am at preset staying at the Salvation Army Shelter—I come from Coustantinople—I knew the deceased, Kritorian; I knew him at Smyrna six years ago—we were both staying at the Salvation Army Shelter before Christmas last—Kritorian was about forty or forty-five years old—we met at Marseilles, and went to Paris, and from there came to England, separately, not together; he was helped by the Armenians' money—he came to the Salvation Army Shelter about two days before Christmas; I had been here about six weeks or two months, staying at the shelter—they had not given me any work to do—many of the Armenians were gent to the United States, and all were expecting to be sent there—on the Sunday after Christmas, between two and three in the afternoon, Kritorian and I went for a walk, intending to attend a meeting—when we had walked a little distance from the shelter several people came after as—we were dressed as we are now—they cried after us, and came near us, and one of them struck Kritorian over the head, it was a light blow, on his hat; I don't know who it was that did it—we looked back, and saw them laughing; we continued on our way—afterwarda the people fronted us, and came towards us; there were between sixteen and twenty of them; they began to strike us on the face and chest—as far as I remember, the first blow was on me—at first there were seven or eight people, then the number was increased to twenty or twenty-five—Kritorian was separated from me, and I escaped a little way; I looked back, and saw Kritorian was in the road, and they were ticking him—as far as I observed, there were about three persons kicking him—I could not see how it was that he came on the ground—I then went to the shelter to give information to others, to save my friend—he was afterwards brought to the shelter, in about ten minutes after me, but he could not stand when he got there, and "there was blood in his mouth; he complained of severe pain in his chest and abdomen, and lie could not stand—he had been healthy before this.
Cross-examined. At first the men were behind us, calling us Armenians—when one of them put his hand on my friend's hat he did not do anything; he thought it was only a joke.
Re-examined. When I saw them kicking him I had run a short distance.
PHILIP GUNNING . I am thirteen years, old—I live at 30, Meyne Place, Bermondsey, with my father, who is a painter—on this afternoon I was in Abbey Street, with some others—I saw the two Armenians coming along—I did not know they were Armenians till I was told afterwards—some young chaps were coining along; they got in front of them—one of the Armenians pushed the prisoner—I knew him before by sight, and I have heard the chaps call him Palmer—he was walking past, and there was not room enought to pass—the prisoner asked the Armenian what he was doing—the Armenian said something to him; I don't know what it was he said—the prisoner hit the Armenian with his fist twice in the body, and knocked him down, and then they all kicked him—the prisoner hit him with his fist twice in the same place—the prisoner and his mates kicked him—there were four or five with him—I saw the prisoner kick him—they were kicking him for three or four minutes—the other
Armenian ran away—there was a policeman opposite the church, and one said, "Look out, here is a policeman coming," and they ran away—the prisoner ran with them—I went home with a newspaper that I had in my hand, and when I came back, about an hour and a half afterwards the Armenian had gone—I had seen Abishai before, about a quarter-past four, in Princes Street, talking to the prisoner—there were other people there—I could not understand what Abishai said—the prisoner pulled hold of his coat, and pulled him back—I heard Abishai say he was going to fetch a policeman—he said that in English—the prisoner told him not to go—there were other boys with the prisoner at that time—at the time Kritorian was knocked down Abishai was in the shelter—I did not see him at all at that time.
Cross-examined. When I first saw the Armenians they were near a cats' meat shop—the prisoner stepped out into the road when the Armenian pushed him, and he turned round and said, "Where are you coming to?"—Kritorian made some reply, and then the prisoner hit him—I could not quite see where he hit him—I said before the Magistrate: "He hit him a hard blow in the jaw"; that is true—when the deceased was on the ground there were several people standing round him, besides those who were kicking him; the backs of those who were kicking him would be towards me, and some were standing in front of me.
Re-examined. I saw in between their legs—what I said before the Magistrate was:"I saw the prisoner hit the deceased on the body with his fist."
HENRY SKELLET . I am twelve years old, and live in Barbrook Street—on Sunday afternoon, December 27th, between three and four, I was in Abbey Street—I saw two Armenians coming along from the Salvation Army Shelter towards Bermondsey Church—I also saw eight or nine young men, amongst them the prisoner—he got in front of I he others, struck the deceased in the face, and knocked him down; that was the first thing I saw—the others came on, and began kicking him in the side—the prisoner walked away as far as the first gate of Bermondsey Church—the other Armenian ran away—half of the others went after him, and then came back, and set on kicking the deceased with the others; he was still lying on the ground—the prisoner was then walking slowly away, nearly up to the second gate of the church—the others went away and joined Palmer, and they all went away together—the prosecutor got up; his mouth was bleeding, and I gave him a handkerchief, and walked with him to the shelter, and he staggered into the passage; one or two Armenians came out, and I went and showed them which way the boys had gone that had been kicking the man—we saw them in Princes Street; the prisoner was with them—we saw a policeman, and told him about it.
Cross-examined. The first thing I saw was one of the boys knocking off the Armenian's hat—at that time the prisoner was near the kerb, outside the pavement, and the next thing I saw was the prisoner striking the Armenian and knocking him down—the prisoner then went away—that was all I saw him do—then a number of boys gathered round, and some of them began kicking him—while that was going on the prisoner was down by Bermondsey Church gate.
HUGH THOMAS BELL . I was house surgeon at Guy's Hospital on December 27th, between five and six in the morning, when the deceased was brought in—he was in a state of collapse, apparently suffering from some internal injury—there was a little blood on the left side of his month—I attended him till January 11th, when he died—he began to get worse on the 2nd, and on the 9th an operation was performed to relieve him from an abscess which had formed between the spleen and the diaphragm—I made a post-mortem on the 12th—the cause of death was rupture of the spleen; that might have been caused by a blow or kick, more probably by a blow.
ROBERT CAMPBELL (321 M.) On December 27th, about twenty minutes to five, I went to the Salvation Army Shelter—I found the deceased there, sitting on a pan by the side of one of the beds—he appeared to be in pain, and pointed to the lower part of his body—I took him on a barrow to the hospital.
WILLIAM GENTLE (Police Sergeant, M.) On January 27th, about eight p.m., I went to the Pine-apple public-house, St. George's Road, South wark and found the prisoner there—he said, "I believe you have been looking for me over that Armenian affair"—I said, "Yes, I have"—he said, "Well, I had best give myself up, and tell you just all about it"—I said, "There are several people here; I think you had better wait and tell me at the station"—he said, "All right, just as you like"—he then made a statement, which I wrote down—this is it: Read: "I want to tell you the truth about this affair; me and two or three other-chaps had been drinking somewhat heavily; we had all had more booze than we wanted. Going along Abbey Street, some strangers knocked against me. I said, 'Where are you coming to?' He said something I could not understand, and I hit him on the jaw. I have got the booze to thank for this; if I had been sober it never would have happened. I shall be glad when it is all over."
NOT GUILTY .— There was a further indictment for an assault, to which he HEADED GUILTY .— Five Months' Hard Labour.
MR. PASSMORE Prosecuted, and MR. HUTTON Defended.
EDWIN TAPSPIELD . I work at the printing works of Messrs. Barclay and Fry, on the same premises as the prisoner—I had to report him to his foreman for going away before his time—on February 25th, about 6.15 in the afternoon, he came into the room where I was at work, and asked what I meant by reporting him; I said I had a right to do so, as he was working for me at the time; he began abusing me—I told him to go away; he would not go, and I gave him a slap across the mouth with the back of my hand—he immediately produced a revolver from his apron, and pointed it at my left breast and fired—he was about a yard from me, or a little more—I closed with him, and caught hold of his hand, with the revolver in it—two of my mates came up, and we took the revolver from him; part of it hurt my hand—he pointed it deliberately at me; I heard the report; I don't know what became of the bullet—I went with him and the officer to the station, and he was charged.
Cross-examined. He was close to me when he fired—he had been in the employ about six years; he was just in the last term of his apprentice
ship—this was the first time I had reported him; he was a well-conducted young man—I hit him in the mouth; I lost my temper; he only fired once.
GEORGE EDWARD FRANKLYN . I work with the last witness at Barclay and Fry's—on February 25th I was there; I saw the prisoner come up to him—he said, "What did you want to report me for?"—he said, "I shall do it again if you go away before your time"—the prisoner swore at him, and he gave the prisoner a smack across the mouth, and the prisoner drew the revolver from the bib of his apron, and fired straight at him—Tapstield closed with him—several of us collected rcund, and took the revolver from him—I heard it go off, and saw the flash.
Cross-examined. I was not standing behind the prisoner; I was between him and my machine—Tapsfield was standing sideways—I was standing at right angles with him—it was all done in a moment.
GEORGE WARD (276 M.) On February 26th, about half-past six, I was called to Messrs. Fry's, and the revolver was handed to me; it was hot when I received it—I examined it; I found one cartridge case had been recently discharged, and two ball cartridges were inside, and there was one in his pocket—I took him to the station, and he was charged with attempting to kill by shooting at Edwin Tapsfield—he said, "He should not have hit me; you see my mouth"—he also said, "It was under great provocation; he struck me."
Cross-examined. His mouth was swollen, but not bleeding—two of the barrels of the revolver were not loaded—I can't say in what position the cartridges were.
J. GLAISHER (Inspector, M.) I was in charge of the station when the prisoner was brought there—after the charge was read to him, heturned to Tapsfield and said, "Now you are satisfied, Tapsfield"—the revolver was handed to me by the constable—I withdrew the cartridges—the first was the empty one, then a blank cartridge, then two ball cartridges—the two remaining chambers were empty.
Cross-examined. The prisoner is a very respectable young lad, and they are a very respectable family.
Cross-examined. I had not carried it about with me before selling it—I had no particular reason for selling it—he asked me for it—he gave me 1s. 6d. for it; he was to give me 3s.
NOT GUILTY .
There was another indictment for a common assault, to which the prisoner PLEADED GUILTY.
The Prisoner's father stated that the Prisoner's manner was peculiar at times, and there had been insanity in the family.— Judgment Respited.
MR. POYNTER Prosecuted, and MR. DRAKE Defended. No evidence was offered.
NOT GUILTY .
Before Mr. Common Serjeant.
269. JOHN DAY (21) , Burglary in the dwelling-house of Lord Tremletown, and stealing a coat and other goods, his property; and a ring and purse, the property of Isabella Deane. Second Count—Receiving.
MESSRS. GRIFFITHS and BUTLER Prosecuted.
CHARLES ELOSIUS BARNWELL, LORD TREMLETOWN . I occupy No. 29, Priory Road, Kew—I have a servant named Isabella Deane—I went to bed at 8.30 p.m. on Friday, February 5th—I was aroused about two a.m. by the servant coming and saying something, in consequence of which I went downstairs—I found the parlour disarranged—the key of the parlour door was gone—the sideboard was uncovered, the drawers pulled out, the plate disarranged in them, and a small cabinet drawer was taken out and placed on the parlour table—it contained paper, envelopes, and writing materials; 'the incandescent light was turned out, and wax vestas strewn over the carpet—when I went to bed this coat was hanging in the back parlour—the kitchen lock had been forced, and a poker was lying near it—the door could have been forced by it—I found the coat lying on a chair near the scullery door—the scullery door was open, also the scullery window, and the kitchen was very much disarranged, drawers were open, and different articles strewn about—I had not missed anything—at the back of the garden, divided by a fence of about 5 ft., is a piece of waste land—I found some clay on the scullery window-sill, and believe the entry had been effected by the scullery window, the glass of which had been broken, and brown paper pasted over it, through which a hand could be put—there were no bars—the window is about 4 ft. by 3 ft.—it opens into the garden—I found wax vestas in the kitchen—they are never used in the house—I traced foot-marks from the window to the wall fence at the end of the garden.
ISABELLA DEANE . I am a general servant of Lord Tremletown—I went to bed on February 5th, between nine and 9.30 p.m.—before that I saw that the doors were all securely fastened, including the scullery door—the front door was locked—at two a.m. I was awakened by someone moving about in uiy room I looked, and saw the rigure of a man with a light in his hand—I said, "Is that you?"—I thought it was my mistress—he blew the light out—I shouted at him—he rushed out of the room—I rushed after him—I went and told my master—he came downstairs with me—we went into the dining-room first—I found the silver, which I had left covered the night before, uncovered and disarranged; the cabinet drawers were taken out and left out, and things were disarranged—in the kitchen the dresser drawers were pulled out, and master's coat was folded up on a chair—the night before it had been upstairs, hanging up—the keys were taken out of the kitchen, scullery, and back door, and put on the corner of the dresser—this is my purse—it was on a chest of drawers—I did not miss it till after I had been at the Police-court—there was nothing in it—this is my ring—I left it on the dresser in the kitchen—the front door was locked, as it had been the night before—the man must have got out through the back window.
Cross-examined by the Prisoner. I said at Richmond Police-court I was sure it was a man in my bedroom with a black coat on.
Parade, on February 6th, at four a.m.—I saw the prisoner coming from the direction of the Priory Road—I followed him, and when within a few yards Police Constable Hammond, who was standing at the corner of Bromfield Road and Sandycombe Road, stopped him—Hammond said, "Whereare you off to?"—the prisoner replied, "I am off to Kibble's, in Fleet Street, to work"—I said, "Where did you come from?"—he said, "246, Sandy—combe Road"—I said, "We will go to that address, and see if that is correct"—he said, "I may as well tell the truth; I am destitute; I have no home; I have been walking about all night"—we decided to take the prisoner to the station—on the way to the station I saw the prisoner take something from his pocket and throw it behind him—I accused him of throwing something away—I heard the clink of a ring as it fell on the pavement—we took the prisoner to the station—we had not heard of the burglary—I went back and picked up this ring where we accused the prisoner of throwing something away—the servant identified it as hers—at the station the prisoner said, "I suppose, if you find a ring there you will say I threw it there?"—I said, "Certainly"—Smith had received news of a burglary—the prisoner was searched—he had on him a tobacco box and the purse (produced,) and other things not to do with this case.
CHARLES SMITH (Inspector.) I received information of this robbery, and went to 29, Priory Road, and examined the premises—some person had climbed the back wooden fence, of about 5 ft. high, from a piece of waste ground, had put the hand through a piece of brown paper that had been stuck over the broken pane, had opened the catch, lifted the window, and climbed through, and had passed through the scullery to the kitchen—the poker had been used to force back the kitchen door leading to the hall—I found in the kitchen the coat produced, placed ready for removal on the kitchen table—the front room on the ground floor was in great disorder; drawers had been taken out and placed on the table—I found these wax matches, which had been lighted, lying about the floor in various parts of the room, and one not lighted on the scullery window-sill—they all correspond—I observed clay about the floor and on the window-sill—the prisoner's clothing was in a very dirty state, and the cap (produced) appears to have some of the brickdust on it, similar to the red bricks on the arch of the scullery window—it was more prominent than it is now.
Prisoners Defence: I made a mistake when I said it was eleven months ago; it was fifteen or sixteen months ago the purse was given me by a girl I have been trying to find, but she has since been married, and I cannot find out where she lives.
GUILTY .*—He then PLEADED GUILTY to a conviction of felony at this Court in November, 1895.— Eighteen Months' Hard Labour.
MR. BUTTON Prosecuted, and MR. WARUURTON Defended.
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
MR. WILKINSON Piosecuted.
ELIZA ANNIE WHITE . I am assistant to Mr. Sutton, a hairdresser, of 25, New Kent Road—on January 23rd, at five p.m., the prisoner came in for some scent, price 1s., and gave me a coin—I cannot say whether this is it (produced)—I gave her 4s. change, and handed it to Miss Sutton, who tried to break it, but could not—the prisoner could see what was being done, but said nothing—I called the police, and afterwards saw the prisoner at the station with a number of other persons, and identified her.
ALICE FLORENCE SUTTON . I assist in my father's business—on January 23rd the last witness handed me a crown piece—I went to hand it to my father, but dropped it, and it sounded good—I put it in the till—I had been serving in the shop that day, but had not put another crown in the till—I told my father half a minute afterwards that I had put it in the till—on February 22nd I went to the station, and identified the prisoner from a number of others.
SAMUEL SUTTON . I am a hairdresser, of 25, New Kent Road—on January 23rd my daughter spoke to me about a crown piece—I took one out of the till, and found it to be bad—this is it—there was only one crown there—I had not placed any crown in the till that day—Miss White and my daughter made a statement—I communicated with the police, and handed the coin to them.
THOMAS DIVALL (Detective Sergeant, M.) I took the prisoner on February 2nd—I said, I am going to take you in custody on suspicion of knowingly uttering a five-shilling piece in the New Kent Road"—she said, "When?"—I told her—she said, "I have not been there for three months"—I took her to the station—she was put with other people, and identified by Miss White and Miss Sutton—she gave a correct address—I received this coin from Mr. Sutton.
Prisoner's Defence: I did not know it was bad; I unfortunately get my living on the streets.
NOT GUILTY .
GUILTY .— Twelve Months' Hard Labour.
ADJOURNED TO MONDAY, APRIL 5TH, 1897.