CENTRAL CRIMINAL COURT
SIXTH SESSION, HELD APRIL 6TH, 1897.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
EDWARD T. E. BESLEY, ESQ., Q.C.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
STEVENS AND SONS, LIMITED, 119, CHANCERY LANK,
Law Booksellers and Publishers.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, April 5th, 1897, and following days.
BEFORE the RIGHT HON. GEORGE FAUDEL PHILLIPS, LORD MAYOR of the City of London; the Hon. Sir GAINSFORD BRUCE, Knt., one of the Justices of Her Majesty's High Court; Sir REGINALD, HANSON, Bart., M.P., Sir DAVID EVANS , Knt., M.P., Lieutenant-Colonel HORATIO DAVID DAVIES , Esq., M.P., ALFRED JAMES NEWTON , Esq., JOHN POUND , Esq., JOHN CHARLES BELL , Esq., GEORGE WYATT TRUSCOTT , Esq., FREDERICK PRATT ALLISTON, Esq., and RICHARD CLARENCE HALSE, Esq., Aldermen of the said City; Sir FORREST FULTON, Knt., Q.C., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., LL.D., Judge of the 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. SIXTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT—Monday, April 5th, 1897.
Before Mr. Common Serjeant.
274. GEORGE STAPLES (32) PLEADED GUILTY to feloniously marrying Lucy Halsford, his wife being then living. The second wife stated that he had behaved very cruelly to her, and had deserted her several times.— Eighteen Months' Hard Labour.
276. GEORGE GUESS (25) , to stealing, whilst employed in the Post Office, a letter containing half-a-crown and a silk handerchief; also to stealing two letters containing postal orders.— Seven Months' Hard Labour. [Pleaded guilty: See original trial image.]
278. WILLIAM HENRY BISHOP (21) , to stealing a post parcel containing medical powders; also a letter containing four Russian postage stamps. He received a good character.— Discharged on Recognizances. [Pleaded guilty: See original trial image.]
280. ALFRED ROBERT BRAY (28) , to feloniously forging and uttering a receipt for the payment of money; also to other indictments for forging and uttering other receipts.— Nine Months' Hard Labour. [Pleaded guilty: See original trial image.] And
BARNES PLEADED GUILTY .
MR. LEYCESTER Prosecuted.
WILLIAM GOODSON (City Police Sergeant 71). On the early morning of February 11th I was on duty in Chatham Place, at the foot of Blackfriars Bridge, on the Middlesex side—I first saw Mr. Dafe half-way from the end of New Bridge Street and Chatham Place—he is about fifty years of age, but is a cripple and infirm—I saw the three prisoners there; Collier was on his left, and he hustled him: Barnes hustled him on his right side—Beecham came up to his right side, and dealt him a sweeping
blow with his fist; I should say it struck him in the neck; his fist went up in that direction—Barnes and Collier walked hurriedly away, and Beecham crossed the carriage-way towards Chatham Place—the prosecutor fell down when he was struck; he was knocked down—I was in uniform—I stopped Barnes and Collier, and said, "You will have to come along with us, and see what you have done to this man"—they they said nothing—I left them in charge of Constable Lavertz, and ran across the road and stopped Beecham—I said to him, "You will have to come back and see what injury you have done to this man"—he said to Barnes, "You did this"—Barnes said, "It's a he; you did it yourself." It was Barnes and Beecham that done it—I sent them by a constable to the station, and also sent for an ambulance; I picked up the injured man; he was insensible, and was bleeding from the back of the head; he fell on the pavement, on the back of his head—I placed him on the ambulance, and sent him to the hospital; he was examined by the doctor—the prisoners seemed to make a laugh of it, and said I had made a mistake—I was standing about fifty yards from where this occurred—there were four or five big lamps near; there was no difficulty in seeing; the prisoners were sober—there was another one behind; I don't know what became of him; he had done nothing; he was some feet behind when this occurred.
Cross-examined by Beecham. I saw you strike him—he lifted up his stick, and Barnes fell back—a young woman was there, and said she did not know which it was—she said to Beecham, "Yes, you did it."
MARIAN EMERY . I am barmaid and waitress at the George and Dragon, in St. John Street, Clerkenwell—I live at Lambeth—on the morning of February 11th, a little before one, I was walking along Bridge Street, going home, and was waiting for an omnibus at the Circus; I lost the last one, and also the train—I saw four or five men; the prisoners are two of them; Barnes was further on; I hailed a cab, and was speaking to the cabman—after the prisoners passed I walked behind them—one of them spoke to me—I saw them pass the old gentleman—Barnes and Collier hustled him, one on each side—Beecham went on his right, in front of Barnes, and struck him with his right fist—he fell on the back of his head; I stopped there; I went to the station that night—I did not say that Barnes struck the blow; I pointed to Beecham, and said, "You brute and coward—I am not sure which it was that struck the blow.
Cross-examined by Collier. You did not say to the sergeant that you were innocent, and that the other man did it—I did not point to you as innocent; I pointed to you—you went on his left side and struck him I under the chin.
ANSELM LAVERTZ (City Policeman 260). On the early morning of February 11th I was on duty at Chatham Place—I saw Mr. Dafe crossing the road, and I saw the three prisoners behind him, with another not in custody; Collier pulled him to the left side, and purposely pushed against him and hustled him—Barnes went to the right of him, and pushed against him with his left shoulder, hustling him—Beecham followed behind Barnes, and struck him with his right hand under the chin; he seemed to fall on the back of his head; it struck the footway; I could hear the sound across the road—Beecham then crossed the road towards Black friars Bridge; the over two walked straight across the bridge—they
were stopped and brought back—Beecham accused Barnes of knocking the man down—Barnes said, "It's a lie; you did it yourself"—Mrs. Emery came up and said, "The man is dead—Beecham knocked him down;" I was on fixed point duty at Chatham Place—the sergeant was standing just by, and I was near him on the next refuge, near the prisoners—I did not hear thef emale say to the sergeant, "That man is innocent."
Police Inspector FOULGER. I took the charge—the prisoners were sober; I saw no signs of drink.
THOMAS HARRISON BUTLER . I was house surgeon at St. Bartholomews at the time—I received Dafe when he was admitted—he was suffering from concussion and deafness; there was a wound at the back of his head, as if from a blow, which had knocked him down—he was under my care about three weeks; he was then sent in an ambulance to one of the infirmaries, and was an in-patient there, and several of our surgeons saw him; it was a most serious case; it was thought that his mind was affected; he is a cripple, and partly paralysed on the left side—his foot had been amputated thirty years ago—he gave his age as fifty-seven—he was very feeble, and was stone-deaf—I have not seen him once the end of February.
Cross-examined by Collier. He was stone-deaf when I took him in hand—I can't say whether the deafness was caused by the blow.
WILLIAM DEWEY BUNCOMBE . I am medical officer of the Bow Infirmary—I had known the prosecutor before this accident—I believe he was forty-nine years of age—he was not deaf before this, nor was his mind affected—I had him as a patient in the infirmary in 1895; at that time he had no deafness; he was a particularly intelligent man—he was then suffering from a chafed stump; he had had an amputation—on February 23rd I received him from Bartholomew's; at our infirmary; he seemed to be muddled, he could not understand my question, and upon investigation I found him to be absolutely deaf—I got him to bed as soon as possible—I afterwards examined him by writing—his mind was not by any means clear at times—he is is in my care now—I saw him this morning—his condition is more serious than it was; he is confined to his bed for the most part—his mind is a complete blank—the injury to the scalp has healed, but there is a puffy swelling over the seat of the puncture, which is indicative of a severe lesion—his life is decidedly in danger—in 1895 he was not at all deaf, but after this injury he was deaf.
CHARLES BOOTH I am a reporter—I have been acquainted with Mr. Dafe some years—I saw him on the 18th February—this occurred after midnight—at that time he was not deaf, nor was his mind in the least affected—he was a sporting reporter, engaged with me on the Sportsman—he was physically weak, but not mentally—he had had paralysis, and that had left him rather feeble in body, but not at all mentally.
Beecham, in his defence, stated that he was going home at the time this occurred; that in passing the prosecutor he merely touched him; tint the prosecutor lifted his sticky and Barnes, thinking he was going to hit him, struck him a blow.
Collier stated that he had got fifteen paces ahead of the others at the time of the occurrence.
GUILTY .—BEECHAM*— Nine Months' Hard Labour.
COLLIER— Two Months.
BARNES— Two Months'.
MESSRS. H. C. RICHARDS and SOPER Prosecuted.
EDWIN CHAFFIN . I live at 23, Milton Street, Euston Square—I was a depositor in the Post Office Savings Bank—I opened my account by paying in £12, and in July, 1895, I sent a post-office authority for the withdrawal of £2—this is my signature—not being a good scholar I got the prisoner to fill up the other portions—I can write my own name—I am 19—I have been to school, but was kept away a good deal—the prisoner lodged in the same house as me—he went away about the middle of October—I lost £2 10s. and a watch when he left—I found that someone had been withdrawing my money—I had asked the prisoner to draw out some—I was married, and wanted my money, but found there was not enough to draw—about three months ago I saw the prisoner near the Regent's Park, and gave him into custody—he said, "You won't get anything if you come up against me"—I never told him to draw out this money—I never tried to draw any out by telegraph—I did not know how to do it—my book was kept in my box along with my watch and money—it was not locked—anyone could get at it that wished.
SARAH TURNER . I am employed at the post-office in Euston Road—on September 11th I received a notice of withdrawal from the Essex station—I sent a telegram to the head office, and on receiving a reply I paid a sovereign to the person who produced the book and warrant—I recognise the prisoner as the person—I entered it in the book, but the words have been erased—on October 5th I was again on duty—a notice of withdrawal was brought to me by telegraph for £3 by the prisoner, and I handed the money to Miss Seward, and saw her pay him.
CHARLOTTE MARY SEWARD . I am employed at the post-office in High Street—I was on duty at the North-Western office in Euston Road—I paid the sum of £3 to the person who produced this warrant—I don't know the person.
ROSE PEACOCK . I am employed at the post-office, 402, Euston Road—on September 22nd I was on duty there—this telegraph notice of withdrawal for £2 was brought to me—I paid the money to the person who brought it—I do not recognise him.
EDITH BULT . I am employed at the same post-office—on September 25th I was on duty there—I got this notice from another office and paid £1 on the production of the book and warrant—I do not identify the prisoner.
WILLIAM HENRY WEBB . I am a plumber, of 43, Regent Square, Gray's Inn Road—on February 26th I received this letter by post from Holloway Prison—I know the handwriting—the prisoner worked for me for about four years—he bore a good character.
GEORGE SMITH INGLIS . I am an expert in handwriting, at Red Lion Square, Holborn—I have had submitted tome this letter, with the various notices and this banking book—I say that all the signatures, except three, are in the handwriting of the prisoner, but disguised—I produced tracings of the originals.
CHARLOTTE CLEEVE . I am the wife of Alfred Cleeve, of 23, Wilton Street, Euston Square—I know the prisoner as a lodger—he occupied the same room as Chaffin—the last time I saw him was in October—he went away suddenly.
RICHARD NURSEY (99 S). I was in company with Sergeant Allan in Park Street, on 29th October—I saw Chaffin running after the prisoner—I stopped the prisoner—he said to Chaffin, "Ted, you are not going to charge me; if so, you won't get anything"—when he was charged he said, "It's true I had it"—that was with regard to the watch.
JOHN ALLAN (Police Sergeant F). I was with Nursey when the prisoner was arrested—on the way to the station Chaffin accused him of sending telegrams to the post office and getting money—he made no reply to that—with regard to the watch, he said he had £2 10s. in hard cash, and one metal watch.
The Prisoner's statement before the Magistrate: "On each occasion I wrote the cards he always signed his own name, and he had all the money himself."
Prisoner's Defence: A fortnight after I stole the £2 10s. we made it up, and I promised to pay him. He asked me to draw on six post-office warrants, and I did. I did it six times before; since then I paid him several instalments; about Christmas I disappeared, and got locked up; and since then he drew out the money himself, and accused me of it. He left it all in my hands. He said, "It does not matter; you can write for it yourself; it will be all right." He came to the post-office with me. Altogether, I drew about £12 or £13. I have been six weeks in custody.
GUILTY .— Nine Months' Hard Labour.
FRANKS PLEADED GUILTY .
MR. HEDDON Prosecuted.
MARY ANN LAWRENCE . I keep a lodging-house at 76, Charlotte Street—early in February, Platzer came, and engaged one room; Franks came the same day—there were three altogether; they remained six days—they occupied one room on the second floor—the room underneath was a kind of sitting-room, with a pianoforte, and a quantity of musical instruments stored in the corner—they had nothing to do with that room, but they went in to see it—the first day they came Platzer borrowed the key to try the piano—they were not really musical; they said they were, but they played very badly—they left on Friday, the 5th, without notice—after they had gone I missed the violin, banjo, and other things, and I at once gave notice to the police—the things were worth over £15—I afterwards saw them at West Ham Police-court, besides things which I had not missed.
Cross-examined by the Prisoner. You went away on the Friday—I missed the things on the Sunday morning.
downstairs, and on the 3rd Franks came, and they both occupied the same room.
Cross-examined. On the Wednesday morning I knocked at your door, and you answered—Franks came by himself—you were then in your room.
ROBERT YALE (Police Sergeant, D). On March 3rd I went to 25, New Street, and in a back bedroom on the first floor I found this violin and other things—the two prisoners occupied that room; they were not there at the time.
JOSEPH SIMMONS (Police Sergeant, D). On March 13th I charged the two prisoners with stealing these things—Platzer said, "I am perfectly innocent of this charge, as the lady from Fitzroy Square can prove"—the instruments were all stolen at the same time—a man named Ebble has been convicted for stealing the mandoline.
Prisoner Defence: I moved from the lodging on the Friday because I had a quarrel with the man who was convicted in the other Court. He said he took the mandoline to raise money on. I told him not to do it, and it came to blows between us, and, fearing I might get implicated, I left, and don't know anything more about the matter. I did not know that Franks was connected with the theft, and I thought the others were respectable. I have never been convicted, and I have good testimonials.
NOT GUILTY .—(See page 467).
NEW COURT.—Monday, April 5th, 1897.
Before Robert Malcolm Kerr, Esq.
285. JOHN PLUMMER (20) PLEADED GUILTY to breaking and entering the dwelling-house of William Henry Morrisson, with intent to steal; also to breaking and entering the dwelling-house of the British Law Fire Insurance Company, Limited, and stealing twelve postage labels and 3s. 6d., their property.— Judgment Respited. And
MR. WILKINSON Prosecuted.
FREDERICK BURTON . I am a grocer, of 50, Rodney Street, West-minster—on March 18th, at about eleven p.m., the prisoner came in for two quarterns of flour, which came to 9d—he gave me a five-shilling piece, and I gave him 3s. change—he said, "I don't mean to take the flour to-night; I will call for it in the morning"—that made me suspicious; I examined the coin, and followed him—I met a constable; he told me to follow him, and I pointed the prisoner out to him, who was he company with several men and women—I said to the constable, "I charge this man"—he said nothing—I saw him searched; another crown piece was taken from his waistcoat pocket.
WILLIAM WAKEMAN (252 A). On March 18th I was on duty—Mr. Burton spoke to me, and he and I followed the prisoner—Mr. Burton pointed him out to me—I said, "I want you to come back to the shop you have just left"—he said, "It is fifteen months for me"—he pretended to be
drank, but he was sober—I searched him at Mr. Burton's and found a counterfeit crown in his waistcoat pocket, in a pouch under his waistcoat, attached to a belt; there were pockets as well; these are the two crowns—I also found 2s. in silver and 31/2d. in bronze in his trousers pocket—the prosecutor gave him in custody and he said, "There is fifteen months for me"—he gave a correct address at a common lodging-house—he walked a few yards before he began to be drunk—he did not appear intoxicated at the station.
The Prisoner's statement before the Magistrate: "I got the 5s. selling papers round Victoria Station. Two young, well-dressed gentlemen came and asked me if I had 10s. worth of coppers; I gave it to them; I did not know they were bad."
GUILTY .— Six Months' Hard Labour.
MR. PARTRIDGE Prosecuted.
LILIAN RUTH COOK . I am the daughter of John Cook, who has two shops in Pcckham, a tobacconist's and a newspaper shop—on March 7th, I was in the tobacconist's department, and about 7.30 p.m. a person, whom I believe to be the prisoner, because he used to come very often, came in and asked for a pennyworth of shag—he tendered a florin, and I gave him 1s. 11d. change, and put the florin in the till, on top of the silver—I cannot say whether there were other florins there—I took it out three or five minutes afterwards, and am perfectly certain it was the same coin—I sounded it and believed it was good and put it back again—I had a good look at it—a lady looked into the shop and wanted change, and, being doubtful of the coin, I sent it into the next shop by Bessie Cook—my father came and made a communication to me—my cousin was in the shop—the same person, I believe, came again on the Friday, for a penny-worth of shag, and gave me a florin—I asked if he had no smaller coin—he said, "No"—I said, "I must get change"—I communicated with Miss Dawes, and my father came and had a conversation with the prisoner.
Cross-examined by the Prisoner. I am not positive now that you are the man, but I was at the time.
BESSIE LILY COOK . I am a cousin of the last witness—on March 17th I was with her at the tobacconist's nhop when the prisoner came in—I have no doubt of him—I took the coin in—my uncle—on March 26th was called into the shop, and saw the prisoner and a constable, and had no doubt that he was the same man.
Cross-examined. I knew you because you put me in mind of someone I know.
JOHN COOK . I am the father of the first, and the uncle of the last witness—on the evening of March 17th the last witness brought me a coin; I examined it, and came to the conclusion that it was not genuine—handed it back to my daughter the same night, and it was kept in the shop till it was handed to the police on the 26th, the day that Miss Davis brought me a coin; I examined it, and came to the conclusion that it was bad—I got a constable, and went to the shop; my daughter was there, and the prisoner—I said to the prisoner, "Do you know you have
given me a bad coln?"—he said, "No"—I said, "I believe you are the same man as tendered a similar coin before"; he denied it, and I called the constable in.
THOMAS ROBERTS (Policeman). On March 26th Mr. Cook made a communication to me, and I went and waited outside his shop—he called me in, and I saw the prisoner there—Mr. Cook said that he believed the prisoner had been there before with a florin, and asked his niece if she remembered him; she said that she did—I cook him to the station, and asked where he slept the night before; he said, "Nowhere"—I found nothing on him.
GUILTY .— Twelve Months' Hard Labour.
MR. PURCELL Prosecuted.
HAROLD BODE . I am in the service of Cook and Son—in July, 1895, I was cashier at the Lucerne branch—the prisoner was in their service as courier to a party, and I gave him three parcels, containing gold, marked with the initials of the firm, for which he gave me this receipt—I told him to pay the amount at the head office.
DANIEL GEORGE PAINE . I am in Cook and Son's employ—on July 8th I received a communication from Mr. Bode at Lucerne, in consequence of which I expected the prisoner; he did not come on Saturday, the 6th, or Monday, the 8th, and I went to the address he gave, and found it was a public-house—I made inquiries there, and went to Leman Street, and saw Mr. Muller, and from what he told me I went to the police and laid an information—f have never received a parcel containing fifty sovereigns—our place shuts at eight o'clock on Saturdays.
WILLIAM MUULLER . I am Secretary to the Home for German Artizans—the prisoner has lodged there many times—Mr. Payne came in July, 1895—the prisoner came there on Saturday and Sunday, July 6th and 7th; he gave me a small parcel wrapped in paper, containing about £1,500, and asked me to take care of it—that was not an unusual thing—he was sober—he came to me to return it, on Sunday morning, between nine and ten—I knew he was in Cook's employ, and that they did not open on Sunday, and I made a remark to that effect—I did not see him any more.
CHARLES TRUBNER . I am manager of the Pall Mall branch of Messrs. Cook—on March 6th last I was on an omnibus, and saw the prisoner—I got down and followed him—I told him I should arrest him, and asked him to follow me quietly—he said he would—I hailed a cab and took him to Ludgate Circus—the constable asked when it took place—I said June or July, 1896, and the prisoner said it was the year before that he was employed in the service.
CHARLES SMITH (Detective H). On March 6th, at 3.30, I found the prisoner detained at the station—I read the warrant to him for stealing £50, from Cook and Son, Ludgate Circus—he said, "I did not have the
£50, I used to work for them"—he was brought up on Monday before Mr. Mead at the Thames Police-court, who gave him the usual caution; he said at first that he did not understand, and afterwards he said that he wished to plead guilty, that he got with some woman, and got some drink, and lost it.
The Prisoner produced a written defence, stating that he arrived in London with the packet on the Sunday, when the office was closed, and gave it to the secretary of the Home for safety; that he took it back; that he met a woman, got drunk or drugged, and when he came to himself he was on the Thames Embankment, and missed the packet; but that he had no dishonest intention.
HAROLD BODE (Re-examined). He was only a week in the employ—he went with a travelling party to Lucerne—we had a very high character as to his ability, but none as to his honesty—we made some inquiries and satisfied ourselves, before we trusted him with a party going on a tour.
NOT GUILTY .
MR. PURCELL offered no evidence.
NOT GUILTY .
RENJIRO NEGISKI . I am vice-manager to the Japan Steam Company—on Saturday, March 6th, I was in Euston Road at 12.25, and the prisoner came up—about thirteen yards from the paling a man came up, and asked where Euston Station was—I pointed it out to him—he followed me with two other men, and in a little while the other one came to me and struck me on my chest—I missed my watch, and found my chain hanging—I ran after the little one, and caught him—I said, "You took my watch; give it me back, or come to a police officer"—he struck me, and two others came and knocked me down, and then I noticed that my chain was gone—they knocked me down two or three times, and I lost consciousness—the prisoner was there when my chain was removed—I found he had been caught by a policeman, and charged him.
Cross-examined. I did not hear you speak to the other two men; you said to me, "Are you a sailor?"—I said, "No, I am living in London"—I swear you knocked me down three times by striking me on my face; the three of you struck me three times; it was not only you—I was struck between my eyes, and here, and here, and you kicked me—I saw you caught by a constable, and we went to Albany Street Station.
JOHN SCHMIDT . I am a tailor, of Great Chesterfield Street—on Sunday morning, March 7th, I saw four men fighting in Euston Road—the prisoner was one; he is the tall one; the prosecutor is another—I saw him struck down three times by the prisoner—the other men got away—a policeman went after the prisoner, and took him—I went to the station that night.
Cross-examined. I saw the prosecutor the next morning; he had a dark bruise on his shoulder.
Road, and saw the Japanese gentleman going after the prisoner—the prisoner came up and struck him three times, and knocked him into the road.
Cross-examined. You were not running with the other men—there were three struggles, in which you struck him on the side of the head and on his body—you said, "It is a shame to knock a man about like that"—I said, "Yes"—you were standing on the kerb—I pointed you out to the constable.
FREDERICK WILLIAM CANHAM . I am a painter's labourer—I was in Euston Road this Sunday morning—I noticed a disturbance, and saw the prisoner go up to a gentleman and place his hand on his shoulder, at the same time giving him two blows between his neck and shoulders; he was knocked down—I called a constable, and we all went away together.
Cross-examined. He fell three times, but I won't be certain whether you struck the third blow—I said at the Police-court that you knocked him down three times.
Cross-examined. You were running, but came to a standstill before I got to you; you were then about 200 yards from where this happened.
The Prisoner, in his defence, stated that he was on the outside of the crowd, and said that it was a shame, and that this was a case of mistaken identity.
GUILTY .—He then PLEADED GUILTY to a conviction of felony on January 13th, 1890; and three other convictions were proved against him.— Seven Years' Penal Servitude.
OLD COURT.—Tuesday, April 6th, 1897.
Before Mr. Common Serjeant.
292. FREDERICK MARSDEN (19) PLEADED GUILTY to felonously breaking and entering the counting-house of William Alfred Johnston, and stealing 4s., a coat and other articles, worth 30s.— Judgment Respited. And
MR. WARBURTON Prosecuted, and MR. RANDOLPH Defended.
JAMES MOON . I am manager of removals in the Furniture Department of the Army and Navy Auxiliary Stores; our foreman is Mr. J. Hole—when an order comes for removal Mr. Hole makes an estimate of the requirements—the foreman pays the men out of the money that is in his hands—he has to ascertain what money is required, and when he has paid it he returns the difference—he has to produce the receipts, and make up a bill, of which this (produced) is a sample—this is the regular form—he puts that in on his return, and the job is over—he has to set out all the items with the money that he expends each particular day, and he has to put down the sum total, and endorse it—the foreman pays in such balance as he has in hand—all the
documents are simple to the foreman who supplies men—the foreman has to procure the men for the labour—we call him our removal foreman; he is employed on various jobs—this removal was from Clapham to Wreford, in Norfolk, and took place in January last year—the prisoner was employed as the job foreman.
Cross-examined. Holmes has been in the employment for some years—he was employed on this job in January last year, and has been frequently employed ever since—when a removal is in London the foreman engages men of his own; when he is sent into the country he has to provide labourers; he would be gone about fifteen days—he would be responsible for all the furniture in his charge; he employs farm-labourers, and gets the best men he can—when the bills come in Mr. Hole gives them in—there generally is a small balance over, which we have to send for—the foreman is responsible for all, but it does not come out of his own money—if he engages a man one day, and he does not turn up the next, he would have to get another to supply his place—what the labourers call beer money, and so on, is not allowed—I have not had the management of this myself—we don't encourage drink—we annex "sundries"; that is, allowances—we don't make allowances in shape of beer money.
JOHN HOLE . I am out-door foreman in the Furniture Removal Department of the Army and Navy Stores—on June 18th, last year, the prisoner was put on a removal from Amersham to Wreford—I gave him £15 as the estimate cost of the removal—he returned about June 26th, and presented his sheet, and gave me £1 2s. 11/2d., as the balance of the account, which was £13 17s. 101/2d.—this purports to be a receipt from John Rump for £2 15s.—here is another item of £4 4s., as a receipt from Durrant, and there is another item from a person named Martin, of 11s, 6d. each.
Cross-examined. The £15 was given him before he started, and he returned me the balance when he came back—the amount of labour was shown by the receipts, and the account was passed.
J. T. RUMP. I am an agent at Wreford for the Railway company—about the end of June, last year, I had instructions to assist the prisoner in the removal of these goods—he did not give me any money, but asked me if I would make out an account for £2 16s.—I said I would, and he made out this account—I had nothing to add with it—I did it to oblige him—this is the receipt I gave him—I got 1s. 6d. from him for another little job which I earned.
Cross-examined. The prisoner paid the people he employed—there was a little bother about this, but I did it with my horses for him—they got into a mess, and I had to pull them out—I did that—I did not say I wanted something for my trouble—I don't know what was paid to the station-master—I only did this to oblige the prisoner—I had never done it before, and never will again—it has been a lesson to me.
Cross-examined. I was at the station when the goods were taken into the van from the truck—there was some trouble about it, and a good many people assisted.
WILLIAM DURANT . I live at Wolverton—I am manager of the Mutual Loan Society—I did some cartage for the prisoner for which he paid me £3 14s.—I did not make him out a bill for it—I gave him a receipt, this is it, for £4 4s.—he said he wanted a trifle for himself, as he had to work on Sunday, and to do an extra load on the Monday.
HARRY TEAGLE . I live at Ameraham—I was formerly in the employ of Captain Kennedy—I helped the prisoner on this job last year, and he paid me 3s. 6d.—I gave him a receipt in blank—this is it; it is for 15s.—I never put in the 15s., that was not done with my authority—he did not tell me why he wanted the receipt in blank—it was done in a hurry.
Cross-examined. I was helping till the furniture was removed—I was backwards and forwards for Captain Kennedy.
JAMBS BRANNAN . I am house superin tendent of the Army and Navy Stores—on March 10th this year I sent for the prisoner—Mr. Moon spoke to him, and showed him Matthews' account, £2 15s., and also the Great Northern van for 10s. 8d., and said, "Can you give me any explanation?"—he said, "No, I can't; my memory is so bad, Mr. Moon"—this receipt of George Martin, of Wolverton, to the best of my belief, is in the prisoner's handwriting, also this for 10s. 6d.—I have been to Wolverton, and made inquiries, and can find no such person there as George Martin.
JOSEPH HALL . I live at Whitwell, Norfolk—I am a farm labourer—in June last year I remember the prisoner moving some goods for Captain Kennedy; I helped him—he paid me 6s., and 6s. for my son—I did not sign anything; I cannot write—this is a receipt for 11s. 6d.
Cross-examined. He never said anything about a receipt—my son can write—we had two pints of beer a day.
Cross-examined. The prisoner never asked me to sign anything—I told him my name; he never asked me for anything—he made out the receipt because my father could not write.
GEORGE WALDOCK (Inspector A). On March 10th the prisoner was given into my custody for stealing 19s. 8d., belonging to his employer—I pointed out to him on the receipt given by Mr. Rump the difference between £2 5s. and what he paid the station-master—he said, "I have no recollection of paying the station-master, and I have done a lot of removals since."
Cross-examined. Before this the prisoner was for twelve years with the South London Pantechnicon—he has hitherto borne a very good character.
GUILTY. Strongly recommended to mercy by the JURY.
Nine Months' Hard Labour.
PLEADED GUILTY .— Nine Months' Hard Labour.
NEW COURT.—Tuesday, April 6th, 1897.
Before Robert Malcolm Kerr, Esq.
297. WILLIAM HOPKINS (22) , to burglary in the dwelling-house of Samuel Coulson, and stealing four boxes of cigars, a pair of boots, and other articles, having been convicted of burglary at this Court on September 9th, 1895. Six other convictions were proved against him.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.]
298. WILSON HORNE (32) , to unlawfully obtaining £33 8s. 3d., and other sums, from Edward Mills, and £5 and £5 from James George Raynsford .— Eighteen Months' Hard Labour. [Pleaded guilty: See original trial image.] And
299. ENOCH PRESS THOMAS (33) , to obtaining a cheque for £2 10s. from Henry Radford, 3s. 6d. from William Way, and money from Phœbe Elizabeth Way.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
300. OTTO FRANKS (21) and GUSTAVE PLATZER (18), were again indicted for stealing a cheque-book and £4 16s. in money, two watches, three rings, three bracelets, and other articles of Alfred Frederick Olphert, and three bicycles, the property of other persons; to which
FRANKS PLEADED GUILTY , and the evidence was interpreted to Platzer. (See page 459.)
MR. HADDON Prosecuted.
MARY ANN LAWRENCE . I keep a lodging-house at 76, Charlotte Street—in the beginning of February, Platzer took a room there; Franks came at the same time, and I believe they occupied the same room—they remained six days—there were three men; Platzer left on Friday night, and Franks the next day, and the third man on Sunday morning.
MABEL HARRIETT WELDON . My brother and father were boarding at 76, Charlotte Street, Kensington—I remember the prisoner Franks there—on March 3rd Mrs. McDurrell, who kept the house, made a communication to me, and I went to my bedroom, and missed nearly all my jewellery, value £120—this gold chain and bangle were among it—I saw Franks next day, and saw him next at the Police-court.
HENRY WALTER WELDON . I live at 5, Templeton Place—I kept my bicycle in the hall—it was there on March 3rd, and I missed it next morning—I saw it next at the Police-court, the following Saturday—this is it (produced).
ROSE KING . My aunt, Mrs. Raymond, has a lodging-house at 25, Bute Street, Chelsea—on March 2nd Platzer took a back-room there, and next day Franks came, and brought things with him—they were both in and out all day on the Wednesday, and in the afternoon Platzer brought a gentleman's bicycle, and left it in the passage, and then took it to his room—on the Thursday I went into his room, and saw two bicycles there, one a gentleman's and the other a lady's.
Cross-examined. I did not take the key of the street door away from you—I gave you no key at all.
Re-examined. I did not see him go out on the Wednesday, but I saw him come back with a bicycle after two o'clock.
ELLEN ADAMS . I am an upholsterer, of 2, Wingrove Terrace, Earl's Court—on this Wednesday I was at ray window at Templeton House, working for the landlord, and heard somebody call out, "You must go to the other door"—I loooked up, and saw Platzer standing at the area door, and the workmen called out, "You can't come here"—he must have had very soft boots, for I never heard him come down—on the Friday I was
taken to the Police-court, and saw several men, and picked Platzer out as the man I had seen.
Cross-examined. I saw you at twelve o'clock, or a little after—it was Wednesday, not Tuesday.
ARTHUR JOHNSON . I am a cycle maker, of 10, Pearson Street, Clapham Junction—on March 6th Platzer came and asked whether we bought bicycles—I said, "Yes, anything"—he went away for about twenty minutes with the other prisoner—they fetched this bicycle, and Platzer asked if I would give him £5 for it—I gave it to him—I had communicated with the police, who came, and the prisoners were given into custody—Platzer gave the £5 back—a receipt was given me for the bicycle for £8 13s.
ALBERT YEO (Policeman, F). On March 5th I received a telegram, went to Rochester Row, and told the prisoners they would be charged with being concerned together in stealing jewellery—Franks said,." Yes, I told him he would be charged"—Platzer said nothing—I went to 25, Bute Street, where they had been living, and found the jewellery (produced) in a hamper under the bed.
Cross-examined by Platzer. These two tickets were in your pocket, one for a watch and one for a chain.
Platzer's statement before the Magistrate: "I only wish to repeat what my friend has said. I wrote a letter to my landlady at 25, Duke Street, to say that I was not out of the house, as the witness says I was."
Platzer. I have got three witnesses to call, the girl who gave evidence this morning, and the woman who saw me at twelve o'clock, and the other prisoner, if I am allowed to call him, to say that I never committed these thefts.
Evidence for Platzer.
ROSE KING (Re-examined.) I remember knocking at your door on Wednesday morning, and you answered me—your friend was outside, and you were inside by yourself—Franks came at ten o'clock on the Wednesday morning.
OTTO FRANKS (The Prisoner, Interpreted). At seven o'clock on Wednesday I went to my friend with the bicycles, and then up to two o'clock I was busy in the boarding house, 5, Templeton Place, and stole these things while the people had their dinner—I stole them in the morning—my friend was not there—Mrs. Adams says that I was there on Wednesday; that is a mistake—I told my friend he could not go out at the front door, he must go by the area door—he can prove that I was there before or at two o'clock, and the girl says I came at two o'clock—he is not implicated; I stole them myself.
Platzer's Defence. I can only repeat that I am quite innocent—common sense will tell you that in broad day light I should not go into a house which was locked, and steal bicycles; and it was impossible for me to go into a house were I had never been before, and steal jewellery—more than one person must have seen me, if I was in the house from
twelve to two. The girl said I was at home when my friend came to visit me. I did not know that he had stolen the bicycles, and I know that his parents are highly respectable people, and I never had any doubt as to his honesty. I forgive him for what he has done. I have the best testimonials from Germany.
PLATZER— GUILTY of Receiving. — Eighteen Months' Hard Labour each
MR. THOMPSON Prosecuted.
ROWLAND HENRY DAVIES . I live at 173, Stanhope Street—on March 8th I was going down Euston Road, and was surrounded by three or four men—someone called out, "Hold up," and I received a tremendous slap on the back of my head, and fell, and became insensible—when I came to I found a number of women and children round me—I had a watch and chain in my pocket, but was not showing it; I afterwards found it in my right trousers pocket, much to my surprise.
JOHN ALLEN (Police Sergeant, S). On March 8th, at a quarter to ten p.m., I was in Drummond Street, Euston Road, and saw the prisoner and four others loitering about—Mr. Davies crossed the road, a signal was given, and two walked behind him and two in front, and when they got to the top of George Street they gave him a blow, and he fell—I chased the prisoner, and took him, and brought him back to the spot, and then to the station; he was charged, but said nothing—I found on him a pawn-ticket for 25s. for a silver watch, pawned three days before—I actually saw him strike the prosecutor.
Cross-examined by the Prisoner. You were running when I took you.
R. H. DAVIES (Re-examined). I identify this bow.
GUILTY — Twelve Months' Hard Labour.
MR. CUNDY Prosecuted.
ANNIE DUNN . I am married, and am housekeeper to Mrs. Lund, of 8, Glendower Terrace, South Kensington—on February 13th the prisoner called, as we had a bill in the window, of furnished rooms—I said, "We have only one to let"; he said that that would suit him till we had better rooms to let; that he had a valet and six horses—I took him into the next room to look at the stables, but noticed that he did not come to the window—he said he would call about twelve o'clock on the following Monday—there was a cigarette case, a hair-brush, and other articles in the room—Mr. Graham, whose room it was, spoke to me about them, and I looked for them, but could not find them—this is the cigarette case (produced)—I next saw the prisoner at the Police-court, and picked him out from twelve others who were much the same as to dress.
Cross-examined by the Prisoner. No one else called that day who went
upstairs—I saw the cigarette case in the morning—I was in the room while the person was there, and did not see him take it—I am quite sure you are the man.
HERBERT CHURCHILL RIGBY GRIMSHAW . I am a law student, and live in Mrs. Lund's house—this cigarette case is mine—I saw it safe that week, and missed it on Sunday, the 14th—I spoke to the last witness, and saw it on the following Wednesday at a pawnbroker's—it has my crest on it.
Cross-examined. I said at the Police-court that, to the best of my knowledge, it cost £1 17s. 6d.—I have no idea how much it weighed.
Cross-examined. I did not notice anything particular about the man's whiskers—I do not think he wore glasses.
DENNIS SPENCER (Detective A). On March 10th, about 8.30, the prisoner came to the Aquarium with a lady, and just as they were leaving the building I touched him on the shoulder and said I should arrest him, as he answered the description of a man who was wanted for stealing from furnished lodgings—he passed something to the lady—I said, "I want that"—she gave it to me—it was a sovereign purse containing £3 10s.—he said in the cab, "What you have got you had better keep"—I said, "No"—he was put with eleven others, three of whom had hats on; he was picked out.
Cross-examined. I have made inquiries about you—persons have not spoken of you in the highest terms; Mr. Dunsmore has not—Mrs. Best said that you always paid your rent, but she could not say anything more for you—you stole £17 10s. on February 17th, and deposited it in your bank; here is your bank-book (produced)—I took these articles (produced) from a house in Camberwell New Road; I have no evidence that they are stolen—you gave your name and address at the station—I did not follow a person from Holloway Gaol to Camberwell New Koad.
The Prisoner, in his defence, contended that he had been mistaken for a person resembling him; that the cigarette case could not be the same as the one stolen, as the one produced was only worth 6s.; and stated that he knew nothing of the robberies.
MARGARET EWER . I am housemaid to Mrs. Dunsmore, of 35, Palace Gardens Terrace, Kensington—on February 22nd, about 12.55, the prisoner called with a letter, to look over the house, and produced the agents card—he wanted to see the lady, and I left him in the drawing-room about eight minutes—I did not go to him again; he rang the bell, and the butler went to him—I afterwards missed a scent-bottle, a match-box and other articles, which were all in the drawing-room that morning at 9.30.
THOMAS WALTER FROST . I am butler to Mr. P. H. Dunsmore, of 35, Palace Gardens Terrace, Kensington—on February 27th the bell rang, and I showed the prisoner out—he said he could not wait any longer, but would drive up at six o'clock—I said that he had better make it a little
later—I missed a small silver scent-bottle, some Japanese figures, and other articles out of the drawing-room—this match box (produced) belongs to Mr. Dunsmore.
Cross-examined. I was in your company about a minute and a-half.
Cross-examined. This ticket has not been traced to your possession—I handed the money to the person who called.
GUILTY .—He was further charged with a previous conviction at Clerken-well on May 6th, 1895.
FREDERICK COOK (Sessions Warder). I was present on May 6th, 1895, when the prisoner was convicted of larceny—in two cases he had eighteen months; nine months on each charge, in the name of Robert William Calwell.
GUILTY.—Another conviction was proved against him, and the police stated that fifteen persons had identified him in Kensington and Brompton as being concerned in similar robberies.— Seven Years' Penal Servitude.
MR. PARTRIDGE Prosecuted, and MR. GEOGHEGAN Defended.
NOT GUILTY .
305. GEORGE SPEIGHT (39) , Breaking and entering the dwelling-house of Thomas John Morris, and stealing three pairs of candlesticks, three bottles of whisky, and other articles, his property Second Count—Feloniously receiving the same.
MR. BLACKWELL Prosecuted.
THOMAS JOHN MORRIS . I am a retired civil servant, living at Bernard Road, Wood Green—on January 29th I left home, after fastening the windows—I returned on Monday morning, February 1st, and found the house in possession of the police—I missed some whisky, a walking-stick, a bag, and other articles—the stick was not recovered—on March 4th, about 10.10 a.m., I got into a tram-car at the Nag's Head, Wood Green—several persons were in it, and the prisoner and another man—the prisoner had my walking-stick in his hand, which I have carried for twenty-eight years; I would swear to it among a thousand—I also noticed this bag—they both noticed that I was watching them, and got out—I jumped after them, and wrenched, the stick from the prisoner—he said, "That is very rude of you"—I said, "It is the result of a burglary; where did you get it?"—I kept it for fighting purposes he said, "I had it given me"—I said, "When?"—he said, "About three weeks ago a friend gave it me; my friend standing here"—I said, "Where did you get it from?"—he said, "I bought it"—they did not get it from me, I gave it to a lady—the prisoner had the bag—I saw a constable, and explained it to him—they said that if it was my stick they would let me have it—I said, "If you open that bag,
you will see my brown railway rug partly torn," and put my hand in—he I said, "Take your hands out of my bag; there are papers which I do not want you to see"—they gave me their names and addresses, and I gave mine—they said that they would call at my house with it at eight o'clock, when they had done with it—I saw a police sergeant, coming—the prisoner started off to London, where he said he had important business—the sergeant gave the other man in custody—I believe I saw the other man last Tuesday week, but he sloped.
RICHARD ROBERTS (Policeman N). I am stationed at Tottenham—on March 4th, about 10.40, I was in the Green Lanes, and saw the prosecutor and the prisoner, and another man talking—the prisoner gave me his name and address, but he was not known there—I did not find the other man.
JOSEPH CHAPMAN (Police Sergeant). On February 1st I examined 8, Barnard Road—an entrance had been effected by getting over a fence 5 feet 6 inches high, forcing the catch and getting into the kitchen.
JAMES WILKINSON (Detective Officer). On March 4th I was in the Green Lanes, and saw the prisoner and a man named Turner—I heard a whistle, and as I crossed towards them the prisoner walked away, carrying this bag—I jumped on a tram-car and went after him, and jumped down and arrested him; I took him to the station, and asked him how he came in possession of the bag—he said, "I bought it in the market"—I I opened it in his presence; it contained a stick, a silver table knife, eighteen forks, twelve silver spoons, two soup ladles, and 153 pieces of silver, broken up.
Cross-examined. You could not have got away after I got on the tram.
Prisoner's Defence: There is no evidence that I broke into this house. I bought this bag for 8d. in the Caledonian Cattle Market. Thomas, who has got away, gave them to me.
GUILTY on the Second Count. He then PLEADED GUILTY to a conviction at this Court on April 8th, 1889, in the name of George Foster; and three other Convictions were proved against him.— Five Years' Penal Servitude.
NEW COURT.—Wednesday, April 7th, 1897.
Before Mr. Commcn Serjeant.
The Prisoner stated, in the hearing of the JURY, that he was GUILTY of unlawfully wounding, upon which they found that verdict. — To enter into Recognizances to come up for judgment if called upon.
307. THOMAS CURTIS (19), JOSEPH FITZPATRICK (17), JOHN BEDWELL (17), GEORGE FOWLER (17), ABRAHAM HYDE (16), and JOSEPH WOOD (16) were indicted for a riot and unlawful assembly, and maliciously wounding Charles Luton.
MR. GILL Prosecuted, and MR. HATTON appeared for Fowler.
JOSEPH NORTON . I am in the employment of a watch-maker, and live at 41, Dove Row, Hackney—on Sunday, March 7th, between six and seven, I was at the corner of Granville Road, and saw a gang of youths come up halloaing out, "There is one, fire at him"—six shots were fired from revolvers; there were two revolvers—I ran as far as Hay Street—after they had fired, they all ran by—there were about sixty or eighty of them, but I only recognise Fitzpatrick—I had not seen him before; he was one of those with revolvers—I saw Curtis there between three and four, with a gang of boys, and saw him fire a revolver—he discharged all the barrels, till it was empty—that was meant for me—I only know Fitzpatrick and Curtis—I followed him to the side of the canal; he threw the revolver in; I caught hold of him, and a constable came up just afterwards, and I handed Fitzpatrick over to him—there have been disturbances before.
FREDERICK MILLARD . I was employed at a sugar refinery, and live at 25, Granville Road, Canning Town—I was discharged because of this case—I have attended four times at the Police-court, and they stopped my ticket, and took it off the board—between three or four on Sunday, March 7th, I saw Curtis, and twenty or thirty others—they said, "Here is two of the Broadway, and ran after me, and fired five shots"—I saw that Curtis had a revolver, and heard it fired—I ran for a policeman, and when Icame back they had gone—the same evening I saw Curtis again, with others, spread out across the footpath—they fired several shots towards where I was standing—I went to Dove Road and Weston Street, and made a complaint to two constables—Bed well broke away from the others, and ran down Wharton Street; he had a revolver in his hand, and had just moved it from one hand to the other when he was stopped.
Cross-examined by Curtis. I am sure you were there.
MARK ABRAHAMS . I live in Hackney Road, and am employed by the London and North-Western Railway—on Sunday, March 7th, about 6.30, I was in Goldsmith Row, and saw a crowd of youths coming from Hackney Road—Curtis was one of the lot—I heard him call out, "Here is Norton," and he stepped out from the crowd and said, "Go," and, pulled out his revolver, and fired in the direction of Curtis—I have known him three months—a lad named Luton was coming round the corner, and I saw Fitzpatrick arrested—he threw his revolver into the canal.
Cross-examined by Curtis. I am sure of that; I mentioned it at the first hearing at the Police-court—I have not made it up against you.
CHARLES LUTON . I live in Goldsmith Row—on Sunday night, March 7th, I was in Goldsmith Row, and saw a lot of men come by—I they called out, "Fire!" and one of them, I don't know who, shot me in my leg—somebody took me to the hospital.
JAMES DE VILLIERS . I am house physician to the Children's Hospital, Hackney Road—Luton was brought there, and I found a bullet wound on his left knee—I examined it; it had struck some hard substance—he is going on rather badly; it has broken down—it is granulating—it was all right for three or four days; it may contract, and produce lameness.
thirty and fifty youths, and as they ran by, one of them threw a revolver up; I took it to my mother, who gave it to the police.
GEORGE MORGAN . I live at Haggerston, and work at a sawmill—I was in Goldsmith Row, and saw Curtis, with other youths, between seven and eight; he had a revolver in his hand, which he pointed in my face, and said, "Have you come from the Broadway?"—I said, "No"—he said he wanted some of the Broadway fellows—I knew Fitzpatrick, Hyde, and Curtis by sight; they were there—I have seen Fitzpatrick and Hyde together—they fired at a young man named Rolls, and Curtis fired into an ice cream shop; he told me the same evening that he was waiting for Ginger Morris—Fitzpatrick had a revolver outside the ice cream shop when Curtis fired in—I saw Hyde there.
CHARLES PALMER . I am a horse-keeper, of 14, Charlotte Street, Caledonian Road—I know Wood; I have seen him with a revolver in the streets, arid have seen him fire in the air—he has gone about with a revolver fully loaded.
HENRY MOTTLEY (294 J) On Sunday evening, March 7th, my attention was attracted to fifty or sixty youths in Goldsmith Row, shortly after six o'clock—I followed them some distance with another constable, and heard the sound of firearms—several youths left the crowd and went down a side turning, and among them were Fowler and Hyde—I saw Bedwell in the main crowd—the other constable followed Fowler and Hyde—I heard several more shots fired, arid saw the Hashes—Bed well walked up Richmond Street; I followed, and arrested him at the corner of Wilson Street; he had just passed Mrs. Wilson's house, where the revolver was found, and was panting for breath, as if he had been running—as I took him to the station I recognised Curtis as he crossed out of Iron Square—he was one of the leaders—I met two constables with Fitzpatrick and Wood, and two others were brought in—they were charged with firing in the streets—gangs of youths armed with revolvers have patrolled the streets for two or three weeks; there were reports of that at the station—when the firing took place the foot passengers were thrown down and trampled upon.
Cross-examined by MR. HATTON. Fowler ran away down Wood Street after the shot was fired—he could not have been with others when it was fired—he had no revolver.
Re-examined. When Fowler ran away, several others were with him; Hyde was one.
FRANCIS SMITH (110 J). On Sunday evening, March 7th, I was in Hackney Road, with another constable, and saw fifty or sixty lads cross from Hackney Road, and when they entered Goldsmith Row they spread out, and pushed people off the path—they stopped in Dove Row, and I
heard the discharge of firearms in Goldsmith Bow—some of the people ran away to avoid them—I saw the flash of a pistol, and saw Fowler, Hyde, and Bed well together—they ran in two directions, and I followed Fowler and Hyde, and something, which I believe was a bottle, was thrown at me—I caught Fowler and Hyde, and said, "Give me that revolver"—Fowler said, "I have not got it; I was there, but did not shoot"—Hyde said, "I did not shoot; I have got no revolver; I wish I had not come with them"—I was close to them when they commenced to run.
Cross-examined by MR. HATTON. I did not see Fowler run away directly the first shot was fired—Mottley was by my side; Bedwell, Fowler and Hyde were together, a few yards from the crowd, and a shot was fired from the body of men they were with—two revolvers were discharged, one in the middle of the road and the last on the right of the road, almost immediately after each other—I heard no shots afterwards.
GEORGE EVERETT (346 J). On March 7th I was on duty in Whiston Street, and heard the report of firearms from Dove Row—I saw a number of youths running from a turning—I ran up another street, and got in front of them, and they all turned back—I saw Norton catch hold of Fitzpatrick, and I arrested him—he said, "I have got nothing, governor"—he was taken to the station, and made no reply to the charge—Mr. Pettit handed me this revolver the same night.
Cross-examined by Fitzpatrick. I do not know what you were running for, but a constable was running after you, blowing a whistle.
PATRICK HANNAH . I was with Everett on March 7th—I heard a pistol shot, and saw some boys of 14 to 19 running away—I followed, and arrested Wood for disorderly conduct—he made no reply there or at the station—there have been disturbances there for some time—there were five arrests.
CHARLES PEARN (Police Inspector J). I received this revolver (Produced) from Woolcock; it contained four empty cartridges, which had recently been discharged, and one loaded with ball cartridge, there are six barrels—I afterwards received another revolver from Everett; there was nothing in it.
By the COURT. This (Produced) is the bullet which was extracted from the boy's leg—these revolvers can be bought for from 7s. 6d. to 10s. at any pawnbroker's, and as cheap as 1s. in the cattle market—Hyde lives in Haggerston, a mile away—there has been a great deal of trouble with them, but not with revolvers before this—during the past two years they have used sticks, and they interfere with anyone—arrests have been made from time to time, and dealt with at Worship Street and Haggerston by tine or imprisonment—it was only a week before that I learned that revolvers had been used—two were fined 5s. each, and three 7s. 6d. each at Worship Street.
Cross-examined by MR. HATTON. Fowler is a respectable boy, going to work regularly.
Fitzpatrick's Defence: I did not have anything to do with a revolver.
Beawell's Defence; I was going to find out my aunt, and a policeman said, "I was out of breath." I said that I was not; he asked if I had a revolver. I said, "No."
Wood's Defence: I was going home with a young woman. I heard revolvers, and the police got hold of me.
Hyde's Defence: I went out one way, and came home the other.
Fowler, Bedwell, Hyde, and Wood received good characters, but Wood had been convicted of possessing a revolver.
FOWLER and HYDE— NOT GUILTY .
CURTIS and FITZPATRICK— GUILTY .— Six Months' Hard Labour each.
BEDWELL and WOOD— GUILTY .— Two Months' Hard Labour each.
OLD COURT.—Wednesday, April 7th. Thursday, April 8th, and Friday, April 9th, 1897.
Before Mr. Justice Bruce.
308. PERCIVAL WILLIAM TIBBS (58) was indicted for that he, being a director of a public company called the Auriferous Properties, Limited, did apply to his own use and benefit the sum of £1,000, the moneys of the said company.
MESSRS. CHARLES MATHEWS and BODKIN Prosecuted, and MR. HORACE AVORY Defended.
HARRY FREDERICK CHIDDON . I am a clerk in the Companies Registration Offices at Somerset House—I produce a tile of a Company known as the Auriferous Properties Company, Limited, which was registered on September 11th, 1895, with the nominal capital of £100,000, of which £14,000 had been subscribed for—the list of subscribers was filed later on—the registered office of the company was originally 54, Old Broad Street—a notice was afterwards, on November 24th, 1895, given of the address being 5 and 6, Great Winchester Street—the Company was ordered to be wound up on December 19th, 1896, by an order of the Court.
CHARLES RICHARD MAYO . I am a solicitor, and a member of the firm of Hurrell and Mayo—we were solicitors to the Auriferous Properties, Limited—under article 97 of the association, the first directors were appointed by a majority of the subscribers to the association—exercising that power; under that document the subscribers appointed the first directors, among them the defendant Mr. Tibbs, Mr. R. Ansell, and Mr. LockhartRoss—they were subscribers to the articles of association; they all signed this memorandum—I attended a meeting as solicitor to the company on September 25th, 1895—from that date Mr. Tibbs acted as a director of the company up to his resignation, and acting sometimes as chairman—Mr. Ansell instructed me to register the company—of my own knowledge I do not know who were the promoters of the company—I am paid for my services by the company.
JOSEPH HENOCHSPERG . I am a mining agent, and carry on business at 44 and 46, Broad Street—in the early days of October, 1895, I was the holder of an Option of some mining property at Dunville in Western Australia, which had been known as "O'Neil's Surprise"—it has been re-named and called "The New Wealth of Nations"—early in October I entered into negotiation with the defendent, Mr. Tibbs, with regard to the sale of that Option—I knew he was the Chairman of the West Australian, Limited, but this transaction was carried on with him personally, not on behalf of Western Austalia—I offered the property to
him personally, not to the Western Australia; there is a letter written to him personally.
The COURT. You seem to have stated before the Magistrate, "I entered into negotiation with the Western Australia Company through Mr. Tibbs"?—Yes; that wants a slight explanation: a little before that I had sold some property through Mr. Tibbs to the Western Australia Company, and he said, "I am concerned with other companies, and if you offer me any property in future, I don't know whether it is to be with me or Western Australia"—for that reason I dealt with him personally—the deposition is perfectly correct—at that time I was dealing with Western Australia through Mr. Tibbs, but I only knew Mr. Tibbs—I was in verbal communication with him about the Dunville property, prior to my correspondence—the substance of the verbal communication was that I had a certain property, called "The Surprise," consisting of two small properties—that was the Dunville claim, and that, from reports in my possession, I thought it was a good property for him to purchase—that is what I told Mr. Tibbs; he was called away and I left the whole details of the property in writing with a lady who was typewriting in his office; that was the first day; she was acting as his clerk—it was then reduced into writing; this was the first written document in connection with the matter. (This was put in and read.)
By MR. MATHEWS. That was the proposal which I wrote in my own office, and which I left in his office with the lady typewriter—this is the modified proposal—he did not then mention the name of the Auriferous Company; he never mentioned it in connection with this property—the negotiations afterwards were chiefly conducted by Mr. Kendall, not on behalf of Western Australia, on behalf of Mr. Tibbs—those negotiations were broken off on November 15th, 1895, when I received this letter from Messrs. Sutton, Ommany and Kendall, the solicitors acting for the Western Australia; at least, my solicitors received it, terminating the negotiations—about the date of that letter I had an interview with Mr. Tibbs—he told me that the report was adverse, and the negotiations entirely dropped as from that date—I never received £1,000, or any other sum, from Mr. Tibbs in connection with the purchase of this Option.
Cross-examined. I never expected to, after hearing that the reports were not satisfactory—Mr. Tibbs was not under any obligation to hand over £1,000, or any other sum, to me until he was satisfied with the reports—that was the bargain; that was the understanding verbally between us—I gave him permission to obtain a confirmatory reports upon the property; I had only furnished him with the report furnished to me—the question was to remain open till a satisfactory report on the property was received—in these cases the Option passes through several hands before a confirmatory report is received—in the proposal I left with the lady typewriter it is mentioned that £10,000 was to be the working capital, and £60,000 would be wanted for the working up of the property; at that period the "Wealth of Nations" was the most taking property in Australia, and was then a very successful one—the £1,000 was to be paid on signing the contract for the purchase; that means after the allotment of the shares in the new company—I gave Mr. Tibbs copies of all the reports I had, and I was perfectly satisfied with them—he told me that he was waiting for confirmatory reports—they might have had a
full report by the 15th, but I only expected a cable—it is a six weeks' post—I know the firm of James Brothers, Mining Agents, at Western Australia and in London; I have met them in both places—I was in Mr. Tibbs's office once when he sent off a cable for instructions on the reports on this property—he handed it to me—it would cost about, £200 to obtain qualified reports—I was at all times anxious to carry on this business—I was from time to time pressing the defendant to complete it—my solicitors were Edwards and Cohen—through my solicitors I was worrying Mr. Tibbs to carry it out, and I pressed him personally also—I cannot exactly say that I did so after the letter of November 15th—I do not think so—I pressed him to give me the adverse reports—after November 15th I pressed him either to reopen or continue the business—I tried to get back the money I had paid—I wanted to get the adverse reports, for I did not believe in them—he simply said he had not received them—I wanted to get back the £1,000 which I had paid—I told him I did not believe in the adverse reports—the property was so good, I thought it impossible; I thought they were trifling with me—I asked him to hand over the adverse reports at the same time he told me he had received them—the reports of experts are not generally handed over until the money is placed in the bank—I think it would be about February 6th that Mr. Tibbs paid, £100 to James Brothers—that would be about the date that I got the adverse reports—I had had other dealings with Mr. Tibbs prior to this one—I always thought him a straightforward, honourable man in every way—I had thorough confidence in him—I knew him as a director in the Western Australia.
Re-examined. It it the custom to place the money in the bank to the expert's account before the matter is completed, unless he has a representative in London; he may be an employé in the London office—before the letter of November 15th Mr. Tibbs stated that the report was totally unsatisfactory—I pressed him at that interview to let me see the report—later on my solicitors received it—that was followed by the letter of November 15th, breaking off the negotiations—my solicitor afterwards wrote to Mr. Tibbs a quasi-private letter, telling him I had not seen the reports—that letter I have not even copied—that letter had relation to the Dunville claim. (The letter was put in, and read). That letter correctly represents what I describe as an attempt to reopen the negotiation—the report before the 15th Mr. Tibbs told me was a very adverse one—I had not seen it—he told me he had seen it—he simply said it had arrived by cable—he did not tell me that the negotiation must be broken off; the letter told me that—after that, the view I took of my position was represented by this letter—I asked him for the report, or a copy of it—I wanted to use it to get my money back; I did not get it—I did not believe in its existence—that was my view.
WILLIAM EVELYN M. CRAWLEY . I am now secretary of the International Development Company, in Lombard Street; I was secretary of the Auriferous Properties Company from the date of its formation in November, 1895, until April 22nd, 1896—I have in my hand the minute book of the Company—Mr. Tibbs was present at its formation on September 26th, 1895, and he was appointed a director of the company on that date—he continued to be so up to April, 1896, when he was appointed chairman of the board—I was present at a board meeting on October
24th in that year, and a resolution was then carried at which he was named as chairman of the New Wealth of Nations Company; this (produced) is the resolution—the next meeting was held on November 6th, 1895, when the minute of October 23rd was signed by Mr. Tibbs as chairman—in pursuance of that resolution I entered this cheque for £1,000; it was signed by the directors, P. Tibba and T. Ansell—there was a cheque filled in at that time in accordance with the arrangement at the bank—the cheque had to be signed by myself and a director—at that time the name of the director remained deficient—on October 26th Mr. Tibbs came to see me at the office of the company—he asked me where the cheque for the purpose of payment was—I presented it to him—I asked him to whom I should make the cheque payable, and he said, "To myself," and he filled it in and I counter-signed it, presented it to him, and he took it away—it was made payable to order—I know Mr. Tibbs's writing—it was endorsed in his writing, "P. Tibbs"—it was a crossed cheque, and it was paid into the Commercial Bank of Scotland—I don't recollect when I next saw Mr. Tibbs, unless it was at his office—I then asked for a receipt for the £1,000—I have no recollection of saying anything else, but I think I should have asked him how the Option was going on—I did not suggest to him, what name the receipt should bear—I have no recollection of having done so—I rememher that the cheque was drawn a blank—I asked him for the acknowledgment of the money—I have not any distinct recollection of anything else passing; I don't remember the conversation, but I have an idea in my mind, from the circumstances of the caseé, that I should have asked him about the Option—I never heard anything about the holder of the Option—I have not any distinct recollection upon that point—I cannot recollect that anything was said about the Option-holder—my impression was that he was the Option-holder—I don't remember saying anything to him about it—I think that the acknowledgment for the money paid was written out at the time, at his office, and handed to me—on the following day, November 6th, a board meeting was held, at which Mr. Tibbs was present—I have the minute book here—the meeting was at twelve o'clock—I do not remember producing this receipt to the directors—between November 6th, 1895, and November 3rd, 1896, I saw Mr. Tibbs at the board meetings—there was not a board meeting, I think, between November 4th and February 5th—I don't remember speaking to Mr. Tibbs during that time—in consequence of instructions which came to me on January 22nd, 1896, I wrote this letter (exhibit No. 7), stating that the £1,000 would be of great use to them, and enable the company to withdraw something—I received a reply to that letter on January 29th, 1896—a board meeting was held on January 5th, at which a minute was made that Mr. Tibbs would be able to pay the £1,000 on the 13th of the then present month—I have no recollection of receiving instructions from the directors on February 4th and 5th to write a letter to Mr. Tibbs—on February 13th I received this letter from him, stating that the cheque would be forthcoming on the 15th—it did not come—on the 19th I wrote this letter, stating that the cheque must be sent before three o'clock to-morrow—on February 21st the solicitors of the company were consulted by the directors, and on that day Mr. Tibbs's resignation was accepted—I never, at any time, received from Mr. Tibbs
either £1,000 or any part of it, or any commission in relation to the matter.
Cross-examined. I did not expect to receive any other receipt, or acknowledgment of the money—I have not heard of any other in connection with the purchase of the Option except Mr. Tibbs himself—I gathered that he was the holder of this Option, but I had no data whatever to go upon—I formed my own conclusion that he was the holder of it—the cheque was filled up in my presence by Mr. Tibbs, and after he had done that I considered the matter done with—I understood that the money was to be paid to him as holder of the Option—I drew the cheque—I filled in the payee's name, and entered the date on the counterfoil, and the words, "On account of the Wealth of Nations," and added the name of Percival Tibbs—I did not expect him to do anything else with it except to pay it into his own bank—on October 23rd there were three directors present, and the defendant—I entered up the minutes—the capital of the proposed company was put at £95,000, of which the Auriferous Company was to receive 30,000 shares and a bonus—I heard either at that meeting, or subsequently, that reports were to be obtained as to the value of the property—I do not know who was employed to report—I do not recollect the conversation between myself and Mr. Tibbs as to the receipt—I asked him for the receipt, I know; I am not prepared to swear to the words—I certainly showed the receipt to the directors, but not at a board meeting—I showed it to some of the directors—I am confident of that; I think it was Mr. Hamilton and Mr. Butters—I cannot fix the date, but it was about November 6th; I made out the minute of the 6th of November—there is nothing about it on that date—if anything of importance had taken place I should have made a minute of it—I entered the minute of the 5th of February, which states that Mr. Tibbs would repay the £1,000 on the 13th—I never knew what syndicate was referred to in the minute—I was looking to Mr. Tibbs to repay the £1,000—at that time I had not heard about the reports on the property—Mr. Tibbs had advanced £500 for some purpose of the company; that was repaid to him on October 11th; I had myself borrowed that money to make some payment on behalf of the company—on November 14th a sum of £300 was paid by him on account of shares in the Rosehill Mine—it was a repayment to him; this is the counterfoil of the cheque—I knew that Mr. Tibbs was connected with several other companies, and busily engaged—this company was formed before I joined it; I didn't know that he was a promoter of it; I didn't know of his connection with it until after it was formed—I was in communication with Mr. Ansell, who was promoting it—I don't know that Mr. Tibbs ever drew any director's fees from this company—there is no entry of it in the ledger; the other directors had fees—I don't think I was secretary at that time—I continued to be secretary until April 22nd, 1896—before I left, the company became involved with some other company in which they became shareholders—that was about January—this minute-book does not show who introduced that business; there is a resolution of November 23rd, 1895—that was about the date of the £1,000 deposit—the £500 which I have referred to was a loan, not an exchange—the receipt for the £1,0001 showed to the two directors I have named before the
meeting of November 5th, I think; that is my recollection—I cannot pledge myself—I never expected to receive an acknowledgment for £1,000 except from Mr. Tibbs, not as an acknowledgment for the money, because I should have expected that the particulars of the option would have been handed in—I mean the description of the property, with the reports, and other matters; not necessarily the name of the option-holder, possibly—I attended at the Treasury for the purpose of making a statement of what I knew of this case—that statement was taken down in writing—it was read over to me, and I signed it. (The statement contained the words: "On November 5th I asked for a receipt from the option-holder") At that time I was no doubt under the impression that Mr. Tibbs was the option-holder; I am not certain whether I used those words or not—in April, 1896, the defendant paid to the company £460; that was a profit he had earned for the Auriferous Company in October, 1895, on underwriting; I don't know that the defendant paid it then—it was paid as a profit on underwriting in the Rose Hill shares.
HUGH COLQUHOUN HAMILTON . I am a solicitor, of 83, West Regent Street, Glasgow—in October, 1895, I became a director of the Auriferous Company—from that date I knew the defendant as a co-director, and as chairman of the Board—he took an active part in the affairs of the company—I knew nothing of the promotion of the company of my own knowledge—I was present at the Board meeting on the 2nd of October—Mr. Tibbs was present—I remember his bringing to the notice of the Board a property called "The New Wealth of Nations"—he suggested that the Auriferous Properties should pay £1,000 for a share in the Option of that company, to be repaid upon a confirmatory report of the affairs of the company, if the reports, which were to be got from Australia, were satisfactory—a company was to be formed to acquire that company, and our company was to have a certain profit in shares—he said there were some slight reports, I rather think he submitted them, but they were meagre at that time, and awaited confirmation—he recommended it to the adoption of the Board, and the Board accepted his recommendation, and passed the resolution mentioned under that date—I cannot say whether the name of the Option-holder was mentioned by Mr. Tibbs at that time—I think a name was mentioned, I think it was Henochsperg, and the cheque for £1,000 was authorised and signed by Ansel and Tibbs, and at a subsequent meeting of the Board, on the 6th of October, Mr. Tibbs reported that he had paid it over to the solicitor of the intermediate syndicate of the New Wealth of Nations Company—he said the papers were not in order, and it had not been paid over to the syndicate, but to the solicitor, pending the production of the document—I think that was all he said about the matter—the receipt was not produced on the 6th to my recollection—the next Board meeting was on the 20th, and on that day I asked for the receipt, and I was told it was in the public office; the Board-room was separate from the office of the company—we were in the Board-room—the defendant was present when I asked for the receipt; I think we just went on with the rest of the business of the meeting—I think Mr. Tibbs had left the meeting early—after the meeting was over I got the solicitor's receipt, and I at once challenged it—this (exhibit 6) is the receipt which I then saw for the first time—I think the
defendant had then left—I objected to it on various grounds—at the next Board meeting the question of the receipt was bought up—Mr. Tibbs was present, and the secretary—there was some conversation with regard to the receipt amongst the directors—questions were put, and Mr. Tibbs gave me certain answers, and the matter stood adjourned to the next meeting on January 4th—Mr. Tibbs was then present, and in the chair—I asked Mr. Tibbs to give us the proper receipt which he had got from the third party—I told him I had stated my objections to that receipt; my first objection was that it was not stamped; secondly, that it was a personal receipt by Mr. Tibbs, and that what we wanted was the receipt from the third party, and holder of the Option, which should embody the terms—Mr. Tibbs replied that he had the receipt in his own office, and that it should be sent over—on that assurance the matter dropped—I don't think I asked him about the reports about the property on January 4th—I gave certain instructions to the secretary on that day—at a meeting of the Board, on February 5th, Mr. Tibbs was in the chair—the question of the receipt was again raised, I think—I asked for the receipt, and Mr. Tibbs said he had forgotten to send it across—I think that was really all that passed at that meeting—I pointed out that it was irregular that we should not hold a receipt for a large sum like that, which he said he had obtained previously from the holder—he said he had forgotten it, he had overlooked it, and it would be sent round—on that day, after the Board meeting was over, I and Mr. Butters went to Mr. Tibbs' office and saw him—I asked him for the receipt he was supposed to have received—he said it was among his other papers in the office; that he had left another meeting to come and see us, and it would take some time to get it—I said I was quite willing to wait for the receipt; something made me challenge him, and I said, "I don't believe you have got a receipt at all"—he did not answer that; he left the room, and soon after we left the office—I did not see him any more that day—but I and Mr. Butters addressed a letter to him, and sent it by hand, signed by me and Mr. Butters, and Mr. Crawley (The letter was called for, but was not produced.) On or about that date there came back from the defendant, I think on the 5th February, a letter of resignation, addressed to the secretary—this entry of 5th February in the minute book correctly represents what occurred at that meeting—the name of the syndicate was not disclosed, and I don't think the name of the person who had given the receipt was disclosed—it was for the purpose of seeing the receipt that we went there on the 5th February—subsequently to 5th February there was a correspondence between the secretary and Mr. Tibbs in relation to his undertaking to return the receipt; it was never returned—I consulted Mr. Mayo, our solicitor; and counsel were seen in the matter; and then civil, proceedings were taken, which were not defended, and judgment was recorded on 27th March, 1896—bankruptcy proceedings were taken under our instructions by the solicitors to the company.
Cross-examined I became a director subsequently to Mr. Tibbs—Mr. Ansell introduced me to the company; I had known him before; I understood that he was the promoter of the company—Mr. Tibbs was represented to me to be a director when I was asked to join—I had no reason to suppose that Mr. Tibbs was promoter of the company—at same
time I heard the name of Mr. Henochsperg as the holder of the Option—I have seen Mr. Henochsperg here for the first time—I had no doubt that he was the holder of the option—I understood that £1,000 was going to be paid over to Mr. Henochsperg before the option was received—I know this kind of business, the purchase of an Option; it is usual to have a report on the property before the payment of the money; it is only a deposit, it is not a payment—it might be prudent not to pay the deposit until satisfied of the nature and value of the property—I understood that Mr. Tibbs was doing that—he mentioned to me incidentally in the Board-room that he had been cabling to Australia on the subject, to have the reports one way or the other—I never saw the written reports that were ultimately handed over to Mr. Henochsperg. I never enquired of Henochsperg about this matter—I was present on November 6th at the meeting—it is not my recollection that the secretary produced to me a receipt dated November 5th—it was shown to me after the meeting—I do not think it is likely to have been on the 6th—I was present at the next meeting, on 20th—the minutes of the 6th were read and confirmed—I see no word of any statement that the defendant had paid over the £1,000 to the solicitor—I asked him for the receipt—he said the secretary had it—according to my recollection, after the defendant left, the secretary pro duced this receipt—I think the defendant was not present when the receipt was produced—I did not look at the counterfoil of the" cheque at any time—I do not think I have seen the cheque or the counterfoil—I was never asked to look at them—when the receipt was pointed out to be irregular the defendant said he would send a proper receipt to the office, or made some answer of that kind—I did not know what the defendant was doing, but we never had reports in reply to our enquiries from Australia—I still say that he was cabling out to Australia—I did not, on February 5th, understand that the syndicate was a separate business—I did not ask what syndicate he referred to—the minute will bear the interprelation that it referred to other business the defendant was engaged in—my understanding was that he had already paid us the money—on February 21st, when I consulted the solicitor, I thought the £1,000 had not been paid over—I was then satisfied it was not—I consulted counsel to advise on the whole position—the whole of the facts were put before him to advise us what course should be taken—I was present with Mr. Mayo—I was first requested, on March 10th, to state what had transpired at the meeting—I have no notes of what transpired—ray only reference is the attendance book and the correspondence with the secretary—I believe the defendant received no director's fees; the other directors did—the defendant made a proposal with reference to the repayment of the money—I think that was after the action commenced—it was a proposal to transfer some of his assets, or interest, in another company—the whole of the terms are contained in the letter of March 19th, where Mr. Crawley called my attention to the terms offered—it was the North Prince Mine, of Ballarat, to which he had paid a large sum, but still owed £500—that offer, being submitted to the directors, was declined.
Re-examined. I have received £112 10s. for attendances for nine months prior to June 30th, 1896, and have paid in calls £137 10s.—I understood, from the defendant himself, that he was still cabling to
Australia—although the minutes do not show it, that was discussed informally by the Board—that was down to January 4th, 1896—the cheque was authorised to be drawn in his name on October 23rd—it is not mentioned on the minute that it was drawn in blank—I do notk now that it was, as a fact,
WILLIAM BAMFORD LAING . I am an accountant to the Commercial Bank of Scotland, 52, Lombard Street—Mr. Tibbs had an account there—I produce an examined account, showing the condition of his account with the bank between October 15th, 1895, and July 8th, 1896—£1,000 was paid into his account under date of October 26th—this is the cheque, and this is the paying-in slip which accompanied it, in the handwriting of Mr. Tibbs: "Credit, Percival Tibbs, £1,000"—his credit balance then' stood at £730 15s. 6d.—on the same day two cheques were presented against the account, one for £500, and another for £100—on October 31st I other cheques were presented on the account, and his credit balance stood at £580 15s. 7d.—the account remained current until July 8th, 1896, when his credit balance was £8 2s. 6d.; on that day that sum was paid over to the Official Receiver.
Cross-examined. The account was opened on March 19th, 1895—on September 27th, 1895, there was a credit balance of about £4,000—in November there was a balance of about £550—at the end of November it was £1,200 odd—from March, 1895, to June, 1896, something like, £30,000 was paid in to the credit of his account—in the autumn of 1895 Mr. Tibbs was regarded by the bank as a man of substance and good credit—on more than one occasion the bank has honoured his over-draughts without security.
JOHN BUTTERS . I am a clothier, and live at 83, Regent Street, Derby—I was a director of the board of the Auriferous Company, having been appointed on October 10th, 1895—I was present at the board meeting of November 6th, 1895—Mr. Tibbs was present—he said that he had obtained an Option for the benefit of the Auriferous Company; that it would be a very good thing for the company; that he had paid £1,000 to the solicitor of the option-holder, for which we should get, I think it was, 30,000 shares, if my memory is right—one of the board asked for the receipt—he put his hand in his side pocket, and looked over some papers, and said that he had not got it with him; that it was at his office or his room, I am not sure which—that is all I remember—the next board meeting was held on November 20th—on that occasion I was present, and also Mr. Tibbs—inquiry was made of Mr. Tibbs as to how the thing was proceeding—he was again asked for the receipt, and the secretary produced a receipt, I think it was at that meeting, from Mr. Tibbs; it was examined by the board, and it was not considered a satisfactory receipt; it was Mr. Tibbs's personal receipt—we asked for the receipt which he said he had from the solicitor, when he paid over to the gentleman that held the Option—I hardly remember what Mr. Tibbs said to that, but he said that the receipt would be forthcoming in due time, that he had honourably paid the money to the solicitor—I think he said that at the next board meeting he would produce the proper receipt; I think he said it was at his office—that is substantially what occurred about the £1,000—the next board meeting was on January 9th, 1896—I was present, as was Mr. Tibbs—I really do not remember
what occurred at that meeting, but reference was again made to the cheque; I am not quite sure whether it was at that meeting, or at the other meeting, that Mr. Hamilton and I were asked by the other direetors to go and see Mr. Tibbs—as far as to the particulars of that meeting, my memory is not very accurate; I think it was early in February—Mr. Tibbs was again asked by some of the directors as to whether the Option had gone through—he said that it had, but he was not sure whether we should get our 30,000 shares, but, at all events, we should get our £1,000 back, and I think he said with 10 or 15 percent, on the £1,000 for waiting provided we did not get the 30,000 shares—I think it was on that date that we sent for our solicitor; it was while the meeting was proceeding that we sent for our solicitor—I don't think Mr. Tibbs was present then; I think he had left; I think he left to fetch the receipt—he kept as waiting for a short time; he had a meeting to attend, and he said he might possibly keep us waiting—I think Mr. Hamilton and I waited there a long time, and it was said that we should call for the receipt at his office; we did so—Mr. Tibbs was there, although they said he was not; we saw him in his private office, and Mr. Hamilton asked if he would kindly produce the receipt that he had so often said he had received—Mr. Tibbs said the receipt was all right; we need not trouble; "I have paid the £1,000, and you will either have back the £1,000 with interest, or the 30,000 shares"—Mr. Hamilton said, "Well, just set our minds at rest; produce the receipt; that is all we want; it should go into the safe with our other securities"—Mr. Tibbs said, "I cannot produce the receipt just now, I am too busy; it is somewhere in the office; I have two board meetings to-night, following one after the other"—Mr. Hamilton then turned round and said, "Come now, Mr. Tibbs, I fear you have never paid this £1,000 to the solicitor"—he said, "Gentlemen, I have honourably paid the £1,000 for the benefit of your company," and with that he walked away, and left us standing in the office—Mr. Hamilton then went back to the office and sent for Mr. Mayo, and for some time we were advised by him.
Cross-examined. We told Mr. Mayo all we knew about this matter, all that I have stated to-day and more—at the time I joined this company I had not even an idea of the meaning of an Option—I have some idea now; I don't know that I am right—I do not think I was present at the meeting of October 23rd; I think I was ill at home—I was present on September 6th—I heard the minutes of the previous meeting read—that was the first time I heard of the purchase of this Option—I was present at the next meeting on November 20th—the minutes of the previous meeting were read and confirmed; I took no objection to them—anything mentioned by the chairman would not be in the minutes—on November 6th the receipt that was objected to was produced by the defendant himself—I think I had seen the receipt before November 20th—I don't remember whether it was produced at the meeting, or before we went in—we generally had a long conversation before we went in to business; I think the receipt was shown to me by Mr. Crawley—I heard the name of Mr. Henochsperg in connection with this matter, once, I think, early in February, about the 6th, not before; I then heard the name as the holder of the Option; I never saw him before—I was examined at the Police-court—I don't think I then said that the conversation took place
at his office on February 20th—before this prosecution took place I think I had given an account of what took place at Mr. Tibbs's, but I can't call it to mind—it was the beginning of February—I understood that reports had to be obtained as to the value of this property, but I didn't even know that; I didn't know what was the usual business in hand at that time—I shall be better able to understand by-and-bye.
Re-examined. I am not a director of any other company connected with mining; I am a director of several other companies, I have had no experience in mining matters before.
MR. MAYO (Re-called.) In February, 1896, I was consulted by the company with regard to this matter, and some correspondence ensued between the secretary and Mr. Tibbs—about February 21st, I had an interview with a gentleman at the Bar, and, as a consequence of that interview, a writ was issued on 22nd—the writ was a specially endorsed one—there was no appearance to that writ—proceedings were then taken under Order 14, to recover by summary judgment—those proceedings were not defended, and judgment was obtained on March 22nd—between February 21st and March 27th, I wrote this letter to the defendant—there was no reply—I received a telegram from him on February 24th, promising to hand us a cheque in the course of that afternoon—in consequence of receiving that, I telegraphed on the 24th, reserving service of the writ till after four o'clrck—the money was not forthcoming on that day—on the 28th I received this letter, and on that day the writ was served.
Cross-examined. I think on the 21st Mr. Hamilton and Mr. Butters came to see me—they told me all the facts about the matter, and I went with them at once to see counsel, to find out what proceedings were to be taken—we then took civil proceedings, I believe; after that, there were some negotiations, but I was not a party to it—after that, the defendant employed a well-known firm of accountants, Messrs. Pannell and Company, to make investigation into his affairs—I believe a copy of their report was sent to us by Mr. Tibbs—I know that in 1896 there were many disasters in the affairs of South Africa, following upon the Jameson Raid—it began in October, 1895.
JOHN WELHAN . I am a clerk in the London Bankruptcy Court—I produce the file of proceedings in the bankruptcy of Percival William Tibbs, of 37, Old Broad Street, described as a company promoter—the receiving order is dated June 29th, 1896, and the order of adjudication is July 25th, 1896—on July 23rd the defendant filed his statement of attain on September 13th, 1895, there is "Ansell, loan £500," repaid under date of September 28th, "loan returned." (Other items were read and referred to.)
WALTER HOOKAM (City Defective Inspector.) On February 19th I went to the defendant's office in Bishopsgate Street—I saw him, and said, "hold a warrant for your arrest"—I read it to him—he asked to read it! himself, and then said, "It is absolutely untrue; I was not a director at that time"—I took him to the station, and he was formally charged.
Cross-examined. I had no difficulty in finding him—he was at his own office in Bishopsgate Street, carrying on business.
The Defendant's Statement before the Magistrate: "I had no idea of defrauding the company in any way whatever I gave the company tbis business; I believed it was a very valuable property."
MR. HAMILTON (Re-called by MR. AVORY). The entry in the cash-book
on October 26th, 1895, is "Percival Tibbs, deposit New Option, New Wealth of Nations Gold Mine, Limited, £1,000"—there was a little difference between me and Mr. Tibbs in May, 1896, about a sum of £10, which he had lent me about January, 1896—he applied to me for the repayment in May, 1896; I gave instructions to repay it—I subsequently found it had not been repaid; that was a considerable time afterwards—he had to recover it from the trustee in bankruptcy—I sent it—it was not considerable time afterwards—there is an entry in the ledger, under date October 26th, 1896, as to the deposit of £1,000, "Cash deposit, re Option of the New Wealth of Nations Gold Mine, Limited, £1,000"—the name of Tibbs does not occur there—that is the whole of the entry—there is a folio number referring to the cash-book—Tibbs's name is mentioned in the cash-book.
GUILTY .— Nine Months Hard Labour.
ALFRED WILKINS— Three Months.
HANNAH WILKINS— Two Days.
NEW COURT.—Thursday, April 8th, 1897.
Before Mr. Common Serjeant.
JEFFREYS and DONOVAN PLEADED GUILTY, and STROM, having stated in the hearing of the Jury that he was GUILTY>, they returned that verdict.
STROM — Judgment Respited.
JEFFREYS and DONOVAN— Six Months' Hard Labour each.
MR. KERSHAW Prosecuted.
WILLIAM HOLDING . I am a plasterer, of 61, Greenwood Road, Tottenham—on March 1st I was working on some new buildings at Wood Green, next door to where the prisoner lives—she is a single woman she came out of her house with a bowl of water and threw it over me and my boy, and then went into her house—I did not speak to her—she came back with her hands behind her—I said, "Lookout, Dick" and she threw some stuff over me, which burnt my face, neck, hair, and right arm—my son Richard was working with me—Emmett came up when he heard me halloa out—the prisoner came out again with a bottle and threw something over me and my son, which burnt our clothes—she said nothing.
ERNEST MACKWORTH GEE . I am a chemist, of Holloway Road—the prisoner came into my shop in February, and I sold her four ounces of elixir of vitriol—I told her not to take more than a teaspoonful—she brought it back a few days afterwards and said that it was not right, it would not burn, and that she wanted pure vitriol—I supplied her with about one pound of commercial sulphuric acid—this bottle contains a small quantity of commercial sulphuric acid.
Victoria Road, Alexandra Park, next door to the prisoner—I saw her come out with a bottle in her hand and throw it—I picked it up and handed it to Sergeant Curtis.
GEORGE CURTIS (Police Sergeant). I am stationed at New Southgate—on March 9th I went to Mrs. Watson's house and received this bottle—I then went to the prisoner's house, and told her the charge—she said, "I went to the scullery, and threw it at the men, because they annoyed me by making a noise"—I took the bottle to Dr. Fergusson.
DR. SCOTT. I am medical officer of Holloway Prison—I have had the prisoner under my charge since March 9th, and have arrived at the conclusion that she is under delusions, and that this offence was probably committed under delusions.
GUILTY, being insane. — To be detained during Her Majesty's pleasure.
MR. LAWLESS, for the prosecution, offered no evidence.
NOT GUILTY .—The prisoners then PLEADED GUILTY to committing acts of indecency on two different days.— Six Months' Hard Labour each.
THIRD COURT.—Wednesday, April 7th, 1897.
Before Robert Malcolm Kerr, Esq.
MR. BLACKWELL Prosecuted.
WILLIAM JACOBSON . I am an able seaman on board the Ardlethin, which was lying in the Thames off Nicholson's Wharf on April 4th—on Saturday afternoon I went on shore with some money in my pocket, and came back about eleven p.m., slightly intoxicated—I went to my bed, and to sleep—about two p.m. I was awoke by the prisoner making a noise and singing in the sailors' compartment—I told him to go to his own side, and not make a noise and wake people up—he used abusive language, and I got up and threw a mess tin at him, and my plate—I do not know whether it hit him—I got up to put him out of the forecastle—as I was getting up he put his finger in my eye, and I struck him again, and thought it was all over—two minutes afterwards he came back and stabbed me twice with this table knife—it was broken by my shipmate, who got between us—seeing he was coming at me again, I picked up the knife and made a lunge at him—I did not hit him—I was bleeding—I was taken to the captain, who told me to go to the hospital and get my wounds dressed—I had been on board with the prisoner about seven weeks—we had quarrelled before—he is a fireman, and ought to have gone to his own compartment—he was intoxicated.
wanted to fight—I told him to go back to his bunk, but he would not go—he threw a mess tin and a tin plate at the prisoner—he rushed at him and struck him two or three blows—he struck him and knocked him on the floor twice—I carried the prisoner away—he came back—I told Jacobson to go into his bunk again—he would not—I saw him rush towards the door with a knife or a fork—I got between him and the door—I knocked the weapon out of his hand and broke it—I ordered Jacobson into his bunk again—the prisoner paid, "Look what he has done, he has stabbed me"—I took Jacobson out of the cabin—Jacobson began by wanting to fight.
NOT GUILTY .
MR. BLACKWELL Prosecuted.
LEWIS SAUNT SAUNT . I am a solicitor, practising in Chancery Lane—on March 13th I was walking through Salisbury Court between 8.30 and nine p.m., wearing a gold watch and chain and an overcoat—someone came to me, as if to speak, and caught hold of my chain and broke it—I ran after him through St. Bride's Lane, across Fleet Street, and into Shoe Lane, where I lost sight of him—I saw Robertson—I went to the Police-station and gave a description of the man—on March 27th I went to the Police-station and picked out three men; the prisoner was one—I cannot swear to him; it was dark—the watch I lost I prized because it belonged to my father.
Cross-examined by the Prisoner. I did not say the thief was 5 feet 2 inches high, or say anything about his age.
JAMBS EVANS . I am a compositor, of 14, Ethel Street, Poplar—I work on Lloyd's Newspaper—on March 13th I was in Salisbury Court between 8.30 and nine p.m.—I saw the prisoner snatch the prosecutor's watch and chain, and run down St. Bride's Avenue—my suppertime was expiring, and I went with others in to work—on the Monday I went to the Police-station and identified the prisoner from eighteen to twenty men—I have seen him hanging about the Court—I know him by sight now.
Cross-examined. I was fifty to sixty yards off, outside the Electrician office—there is an electric light and other lights—I could see your face—I did not give a description of the thief, nor read one—it was not in the paper—I should say you are older than nineteen.
STEWART ROBERTSON . I am a journalist at Lloyd's Newspaper office, Salisbury Court—on 13th March I was passing through St. Bride's Avenue—I heard somebody running, whom I took to be printers larking, as it was their suppertirne, when there is a little horse-play—my friend pulled me on one side and let a man pass near the electric light office—as he turned I saw the prisoner's face distinctly—the prosecutor came up, and we followed the prisoner as soon as we found out what was the matter, across Fleet Street—he went into Shoe Lane—on March 27th I went to Bride Street Police-station and identified the prisoner.
Cross-examined. I had come from Hounslow—I did not speak to the prosecutor before I identified you—I was coming from Salisbury Court—I knew your face again directly I saw you.
constable on Blackfriars Bridge, and saw the prisoner—I told him I was a police officer, and should arrest him on suspicion of stealing a watch and chain on the 13th inst., in or about Fleet Street—on the way to the station he said, "You have made a mistake this time; you are sure it was the 13th?"—I said, "I do not know for a fact; I will tell you when I get to the station"—when I got there I said, "Yes, it was the 13th"—he said he was not in or about Fleet Street on the night of the 13th—I did not mention the night to him—I was not present when Evans identified him; as regards Mr. Saunt, I was.
Cross-examined by the Prisoner. I arrested you about 12.45 a.m.—you sat up all night in the station—I left you at seven a.m. with another officer.
The Prisoner's Statement before the Magistrate: "I am innocent of the charge."
The Prisoner, in his defence, said that he was not, as he had stated, with a driver of the "Evening News" but he was at the Royal Music Hall, in Holborn, on the night of the robbery, where he saw two batting-men he knew, but could not now find; and that he was described as eighteen or nineteen years of aye, but he was more.
GUILTY .— Twelve Months' Hard Labour.
MESSRS. HUTTON and ROOTH Prosecuted, and MR. PURCELL Defended.
The prisoner received a good character.
GUILTY on the Second Count. Recommended to mercy by the JURY on account of his character. — Three Months' Imprisonment.
FOURTH COURT.—Thursday, April 8th, 1897.
Before Robert Malcolm Kerr, Esq.
316. CHARLES MILES (18), FREDERICK VILBEN (49), EDGAR CORNWALL, senior (39), EDGAR CORNWALL, junior (16), WILLIAM FORD (17), ELLEN WEST (38), and ROSE WILSON (30) , Stealing thirty-nine and a-half dozen blouses, the goods of Albert Ernest Baldwin. Second Count— Receiving the same.
EDGAR CORNWALL, senior, PLEADED GUILTY .
MR. HUTTON Prosecuted, MESSRS. PURCELL and SYMONS appeared far Ford, and MR. MAY for Wilson and West.
ALBERT ERNEST BALDWIN . I am a clothing manufacturer, of 77, Fore Street—Miles was in my employ—his duties were to take out goods, and keep the warehouse clean, and bring back a receipt for the delivery of the goods—I have identified seventeen blouses as my goods—they were sent out on March 16th, in the afternoon, to Mr. Littmann—there were forty dozen—I have identified them.
Baldwin—on March 16th I sent Miles out with forty dozen blouses in taxes, to go to Mr. Littmann, and with a delivery note—he did not come back.
Cross-examined by the Prisoner Miles. We did not leave till eight p.m., the usual closing time—you were not back then.
JACOB LITTMANN . I am a job buyer of clothes, at 56, Leman Street—shortly after seven p.m. on March 16th, I saw Miles carrying something—I said, "What is this?"—he said, "Your blouses"—I said, "Is this all you have brought down to-night?"—he said, "No, sir; I have lost the others outside your door"—I asked him how many there were—he said, "Forty dozen"—he said he was going into the passage, when he heard somebody go away with a barrow, and told me to run one way—when I came back he was where I left him, and I said, "You had better come to the Police-station, and give information"—the police made inquiries, with the result that the next day he was taken into custody—he only delivered a few boxes out of the forty dozen—each box contained three and a-half dozen.
ANNIE WEINBAUM . I live at 140, Mile End Road—on March 16th I was at my mother's shop at 46, Leman Street, about five houses from Mr. Littmann's—I was inside the shop—I saw Miles deposit a few boxes on the doorstep—I went to the door, and asked him where he came from—he told me, "From Fore Street"—I asked him where he was going to—he said, "To the Co-operation Stores"—I saw another boy who I cannot identify tying the truck up—I saw Miles go in the direction of Littmann's—my husband spoke to him—my mother knows Mr. Littmann—the barrow had gone on—Miles was in charge of the barrow—no one could have taken it except the boy.
SAMUEL WEINBAUM . I am the husband of the last witness—I saw Miles and another boy leave some boxes on the step of my mother-in-law' shop—I spoke to Miles—the other boy took the boxes towards Mr. Littmann's—Miles took off the boxes.
Cross-examined by MR. PURCELL. I heard Miles say to the other boy, "You go on with the truck; I will take the boxes in"—the other boy, directed by Miles, went off with the barrow in a different direction—at that time I was standing at my shop door—I could see the boys easily, and they could see me.
Re-examined. I saw the other boy tying the truck up with waterproof.
THOMAS PILLMAN . I am a zinc worker, of 125, Shepherdess Walk, where Cornwall, senior, and the two female prisoners live—on March 16th, about 8.15 p.m., I saw Ford wheeling a barrow in Shepherdess Walk, with boxes on it—I afterwards saw the barrow outside No. 125—I saw the two Cornwalls carry the boxes outside the house—the following day, about six o'clock, I saw the boxes being brought out of the shop and put on a cart—they were taken away—I picked Ford out from a number of prisoners at the Police-station.
Cross-examined by MR. MAY. I have lived at 125, Shepherdess Walk, as long as I can remember—I have noticed Cornwall, senior, on one or two occasions coming to the house—he does not live there.
Cross-examined by Vilben. I have never seen you.
SAMUEL OULDS . I live at 21, Grange Street, Hoxton—about 6.30 on March 17th Vilben hired a van—I went with it to Shepherdess Walk—I cannot tell the number—Vilben and Cornwall brought between forty and fifty boxes out—I have since seen similar boxes—the police pointed them out—Vilben told rue to take them to Aldersgute Street—I stepped by the Manchester Hotel—Vilben went to Mr. Lewis's, opposite—boxes were taken into Lewis's—a City constable gave me instructions, and I took the boxes to the Police-station—I saw Cornwall and Vilben in custody at Leman Street.
JOHN LEWIS . I am a job buyer, of 59, Aldersgate Street—about twelve on March 16th Vilben came and said he had a dozen Garibaldis for sale—he had sold other things to me—he said the manufacturer was hard up—I agreed to buy if they suited me—on the 17th he brought me a sample dozen—I agreed to buy thirty dozen—he came at seven that evening with twenty-nine and a-half dozen—I saw them delivered—they are in the hands of the police—I hesitated to take them, because they were better than the sample—I was not satisfied with the invoice—while I was discussing with him, Wright came and made a communication to me—then Cornwall and Vilben left in the custody of the police—I had heard Cornwall say to Vilben, "Get as much cash as you can"—I was asked to pay all in cash, I said I had not sufficient cash, but he could have the balance by cheque.
Cross-examined by Vilben. I did not hear Cornwall make any other remark—you were not detained, you stayed willingly—I have known you some years and found everything straight—I asked, "Are you aware they are stolen goods?" and you replied "No; I should not run away if that was so;" I said, "I will have nothing further to do with it;" and "They will be all right in my hands;" and you said "Certainly, I could trust you for double that quantity."
FREDERICK THOMAS WRIGHT . I am a job buyer and commission agent—I went to 39, Aldersgate Street a little after seven on March 17th to meet Mr. Lewis on business—I saw a quantity of boxes on the counter containing blouses—I had heard of the robbery within half-an-hour, and communicated with Mr. Lewis—I afterwards went to Mr. Baldwin at 77, Fore Street—he returned with me to Mr. Lewis—Vilben was taken into custody.
Cross-examined by the Prisoner Vilben. I do not think I referred to yon, or asked any question—I have known you many years—I found you straightforward—I have heard nothing against your character.
GEORGE BARNES (314, City). On March 17th, about 8.20, I went to Mr. Lewis's—I saw forty-seven boxes of blouses—I said to Vilben, "I believe you have come by these goods unlawfully; I must request you to go to Moor Lane Police-station"—I took him to the station; I told him he would be charged with unlawful possession—he said, "I am acting for a man of the name of George Wilson; I am a commission agent."
JOHN GILL (Detective Sergeant). On March 18th I went with Wensley to Deptford Walk—I took Ford into custody on the morning of March 23rd—I told him I was a police officer, and was going to take him into custody for being concerned, with six others already in custody, in stealing a quantity of blouses on the 16th of the mouth
from Leman Street, Whitcchapel—he said, "I met Miles in the City on Tuesday last, about six o'clock; he said he wanted me to go with him to Leman Street with his truck. I went with him. When we got near Leman Street Miles said, 'When I go into the place with these boxes, you take the truck and the others away to 125, Shepherdess Walk, and ask for the name of Wilson, and leave the boxes there.' I took them to 125, Shepherdess Walk, and asked for Wilson. A man and a boy came out, and carried them in. I took the truck into the Essex road, and left it. I met Miles the same night in Richmond Street, and he asked me if I had got the money. I told him, 'No'"—when identified by Tillman the same evening, he said, "Nobody had anything to do with it but me; Miles knows something about it, the other man and the two women know nothing about it: I don't care; you cannot hang me"—I went to 125, Shepherdess Walk, in company with Wensley, on March 18th, at three a.m.—on the first floor in the front room I saw Wilson and West—I told them we were police officers, making inquiries respecting a quantity of blouses that had been stolen—I asked who occupied this room—Wilson replied, "Me and my sister occupy these two rooms, front and back; we have been here about a fortnight"—they produced a rent-book with the name of Mrs. Wilson—I said, "Have you any blouses here?"—Wilson replied, "We have no blouses here"—West said to me, "You have made a mistake"—I told them we were going to search the room—I searched, and found five boxes under a sheet, under the bed; one was covered with brown paper—when I found a tin box she said, "That is mine; you will find nothing in there"—I opened it, and found eight blouses—I found another blouse behind a curtain in the same room—there were two bonnets—West owned the bonnets—they said they were not aware the blouses were there—I understood West to say that—Wensley had taken Miles into custody.
Cross-examined by MR. PUBCELL. I wrote my note at the station probably aa hour after I spoke to Ford—I did not read it over to him—Wensley was not with me when I took Ford—Ford did not say Miles had a heavy load, and wanted his help—I take a note in accordance with my instructions when I think it necessary—I do not ask questions—I did not do so—Ford was taken to Leman Street and charged—I did not show the inspector my note Ford was identified by Tillman—only the officer in charge of the station and Wensley heard Ford's reply to the charge—my note is not all written at the same time—one part was written in the morning, and the other at night,
Cross-examined by MR. MAY. I have made inquiries—Wilson is a machinist, and West a charwoman—I know nothing against them—they were in bed when we went to Shepherdess Walk, at three a.m.—I cannot say where Cornwall lives—four sons of Cornwall live in the back room—Wilson opened the door—West was sitting up in bed—the room was rather large—five boxes were on the top of a large box, and the blouses were covered with a sheet—the tin box also contained blouses and the two bonnets—the two women remained while we searched the room; then we took them to the station—they did say someone brought the boxes, but did not mention the name—they said they were to take care of them for a couple of days—they did not say to me that they did not know they
were stolen—I did not ask them what account they had to give of the boxes being there, only if they had any others.
Re-examined. When Vilben was told he would be further charged, he said, "I never had any other blouses; I know nothing about them"—in reply to the charge, when read over at the station, he said, "I am innocent"—the women had moved from place to place for the last three or four months, leaving in debt, and receiving gentlemen visitors at all hours—the second part of my note begins at the identification.
FREDERICK WENSLEY (Detective, H). About eleven, on March 16th, I took Miles into custody—I told him I should take him into custody for being concerned, with others, in stealing thirty-nine and a-half dozen blouses, the property of his master—he was charged at the station—on the 17th he was identified by the Weinbaums—he said, "I don't know anything about the blouses"—I went with Gill, at three a.m. on March 18th, to 125, Shepherdess Walk—I saw West, Wilson, and Corn wall, jun.—I corroborate Gill's statement—I saw Cornwall, jun., in the back room, in bed—I said, "We are police officers; we are making inquiries about some blouses that have been stolen"—he said, "I do not know anything about them"—he was taken into custody—Gill went to the further end of the room, and saw a tin box—West said, "That is mine; you'll find nothing there"—under some brown paper I found two bonnets and eight blouses—we found sixty-nine blouses.
Cross-examined by MR. MAY. West was in bed—I remained while she dressed—I did not say I was not modest—the boxes were concealed—the first five were covered up by a sheet at the foot of the bed; one box with nineteen was covered with paper, and at the further end of the room, behind the curtain, were others—we could not see them till we made a search—they were makers' boxes, with the exception of the tin box—we have some outside—one box had no lid—Wilson had been there a fortnight; the rent-book corroborates that—West left Clapham on November 9th—she had been at 4, Clarence Street a fortnight before she went to 125, Shepherdess Walk—her husband said he had not seen her since November 9th, and he is living at Clapham.
Cross-examined by MR. SYMONS. I made this note of what Ford said—I have not seen Gill's note—Gill has not seen mine—I made my note at the time in the charge-room—the words are the same because it is what was said.
Vilben, in his defence, stated that he worked ou commission, and did not know the blouses were stolen; and he had a good character. He called:—
Cross-examined by MR. MAY. Wilson and West took in the goods as a favour to me, because I asked them—they objected, but I told them it was only for a time—I put them in the room myself—Wilson did not know of any being in the tin box—some of the boxes were destroyed—I told them I wanted to keep them for a better market—I did not tell them what they were, merely that it was property I had bought—I do not know whether they saw what they were—my sons were boarding with Wilson.
Cross-examined. I do not tell my address: you won't get it—I ask
I the Jury to believe me, and refuse to tell it—I won't give my reason—I I won't write it down, even if his Lordship and the Jury only are to see it—I don't mind the police going when I am there, but they are not going when I am out—I left the goods at Wilson's because my boys live there—I never went under the name of Wilson—I am a clerk—I am employed nowhere—I do not tell you when I was last employed, because inquiries might be made—eighteen months ago I was in employment; I decline to tell you where—I will not write it down—I I never knew Vilben intimately—I cannot give you any more information—I have not seen Vilben two or three dozen times—he lived in Portland Street—I never knew him there—a letter was found I on me—I won't tell you who wrote it—I don't know anything about it—I mean to incriminate nobody—I do not know who "H" means—I do not know Hartley—I decline to answer—I do not know whether he gave me a character—I do not know "Tom"—I do not I know Vilben's Christian name exactly—I am not in the habit of addressing everybody by their Christian name—I never lived at 4, Clarence Str et with Mrs. Wilson as my wife, or Clarence Square, or Clarence anything else—I have never lived with her as my wife—I cannot tell you how long I have known her, but I knew her brother intimately, better than I should like to know you—the letter is not in my writing—the invoice is mine, and I can write it for you again, and here is the card. (The invoice and a card were examined. The letter referred to stated: "Dear Bill. I have seen the boy again. He says about thirty-four dozen, so we may have two dozen each. That will leave thirty or more for H. Bring me a dozen down as early as you like in time for seven. I can sell your dozen at a good price.—TOM.")
Wilson, West, and Ford received good characters.
VILBEN, WILSON, WEST, CORNWALL JUNR., and FORD— NOT GUILTY .
MILES— GUILTY .
The JURY recommended him to mercy, as they considered he had been the tool of Cornwal Senr.— Four Months' Hard labour.
CORNWALL SENR.— Five Years'Penal Servitude.
No evidence was offered.— NOT GUILTY .
Before Mr. Common Serjeant.
MR. MUIR Prosecuted, and MR. A. GILL Defended.
JAMES Fox. I live at 1, Kelly Road, West Ham Common—on March 13th last I was working for the prisoner, carting bricks—on that afternoon I saw Mr. Burnett, the time-keeper, on the works—he gave me instructions about a quarter to four, and about five minutes after four I saw the prisoner in the office; he could hear what Mr. Burnett said—I then went away, leaving the prisoner on the job—he told me to go for a load of hard core at Frith's, the stonemason's—I started to go there—I had got about five yards, when, instead of getting the load of hard core,
he told me to go along the Higham Road, Catherine Road, and Barking Road, and get a load and a-half of bricks, and take them to his yard—he did not give me any reason for going that way round—he told me to get a load and a-half; that was not the place at which I had been working that day—he said I was to take them home—I got to the corner of High Street, and there Mr. Feltham, jun., stopped me, with a policeman—the prisoner came up, and said to rue, "What are you doing here with this load of bricks?"—I said, "I was obeying your order, air, as you told me"—he said, "Did I tell you to go, and get these bricks?"—I said, "Yes"—that was all that was said—I told the policeman that Bennett told me to go along these roads—I was then told to take them to the yard—Bennett saw me there—I had orders to take them home; I took the horse out of the cart, and took it to the stable, and put the bricks up in the yard—I saw Bennett about an hour afterwards—he came from the Denmark, and was speaking to the policeman—the policeman asked me if Bennett had told me to come home with these bricks—on Monday morning I saw Bennett again, about five minutes to five—he told me, if I was asked about the bricks, I was to say I had to call at the Earl of Warwick Street on my way home; he then told me to go to work—I hed no other conversation with him about the bricks.
Cross-examined. In going to Frith's I should have to go near the Earl of Warwick Street—he told me to go that way; I have got hard core from the station before—the railway people let me take away rubbish—I am paid by the day by my master—the carting of the bricks was finished by four o'clock on Saturday; it was about a quarter past four when I saw Bennett, he was in the Black Lion—I did not say to him, "Shall I go to the station, and get a load?"—he said, I was to go and get the bricks; the roads which he told me to go were not in the way for home—I did not know why he should have asked me to go that way; I thought it extraordinary—I said nothing about it; I was frightened, when I was stopped by the policeman, for the moment—my master was sent for—the first thing the prisoner said when he came up was, "What are you doing here with that load of bricks?"—I said, "I was told to get them"—he said, "Who told you?"—I said, "You told me yourself"—he said, "You have made a mistake; I did not tell you anything of the kind"—I was taken before the Magistrate at Stratford, and put in the dock with the prisoner—then I was let go and called as a witness—the Magistrate said there was no case against me.
Re-examined. I had not carted bricks for the prisoner before—I had been working for Mr. Feltham for about six weeks—I was discharged—my work was to look after the horses, and clean up—I had 19s. a week.
WILLIAM BURNETT . I am a cow-keeper—I live at 4, Charles Street, Stratford—on Saturday, March 13th, I was directing the unloading of bricks from East Ham Station to the schools—two trucks were being unloaded, one by Fox, numbered 51, and one by Bennett, numbered 738—between two and three o'clock I was told that nothing further was to be unloaded after four, and I went off duty at four—I saw that Nos. 51 and 738 were completely unloaded before four—two loads were left in No. 881.
Cross-examined. There are houses overlooking where the bricks were,
and people having business there—there is a gate to the yard—when I went away I left no one there.
CHARLES FBLTHAM, SEN . I live at 6, Brooks Road, Plaistow—I am a carman—I was employed by Messrs. Gregar to unload bricks from the East Ham Station at 2s. a thousand, and take them to the schools about 100 yards off—I employed Bennett, with horse, cart and man, at 10s. a day—Fox was one of the men employed by Bennett—on March 13th, about five p.m., I was near the Board Schools; I saw Fox at the station, loading a cart with bricks—I knew the work had been stopped for the day—I sent my son to watch him—I saw him drive down the Higham Road—I followed him into the Catherine Road and the Barking Road to the Denmark Arms—the cart passed the Wakefield Arms—when it was stopped I came up—I saw my son with Bennett—a policeman was there; he said to Fox, "What are you doing here with these bricks?"—Fox said, "I done as he told me; to load up at the station and take them home to the yard"—Bennett said, "Do you say I told you to take them home to the yard?"—Fox said, "Yes, you told me to go and take a load of bricks down the Eigham Road home to the yard"—Bennett said he did not say anything about it—the constable asked me whether I would give them into custody—I said I had not authority, but would inquire of Mr. Gregar—I allowed the bricks to go to the yard—I know truck 881—I examined it the next morning (Sunday); I found about one load left in the truck.
Cross-examined. I had come by the five o'clock train, and was in the station when I first saw Bennett—we stop work at four on Saturdays—this was about 5.30—Fox had been carting bricks for some days—he would be known to the porters at the station—I do not remember Bennett saying, "You have made a mistake, I never told you anything of the kind"—I said at the Police-court, "Bennett said, 'Who told you to take them?' Fox said, 'You told me.' To this Bennett said, 'You have made a mistake' and might have said, 'I never told you anything of the kind,'" or something similar to that—Fox said the second time in the presence of the constable that he was taking the bricks where he was told to take them—at the railway-station a great deal of hard core is swept up into heaps, and taken away as rubbish.
CHARLES HENRY FELTHAM, JUN . I was with my father on March 13th—he gave me some instructions, in consequence of which I went to the Denmark Arms, at the corner of Barking Road and Catherine Road—I saw Fox come along with a cart-load of bricks—I stopped him—I went to fetch Bennett—when I came back a policeman was there—Bennett asked Fox what he was going to do with the bricks—Fox said, "I am going to do what you told me to do with them, to take them home"—I do not remember what Bennett said.
Cross-examined. I did not hear him say, "You have made a mistake"—I said before the Magistrate, "Bennett said, 'You have made a mistake, I never told you anything of the kind'"—I could not recollect that just now—I have no feeling in this matter.
GEORGE STEPHENS (57 K R). I am stationed at Barking—a few minutes to six p.m., on March 13th, I was on duty near the Denmark Arms, in the Barking Road—I saw Fox with a horse and a cart-load of bricks—he was stopped by young Feltham—he was detained a few
minutes while Bennett was sent for—when Bennett came up, he said to Fox, "What are you going to do with those bricks, Jim?"—Fox replied, "Taking them to your yard, as you directed me"—I saw Bennett in the yard about twenty minutes or half an hour afterwards, when Fox repeated the same words in Bennett's presence—I said to Fox, "Had you not received any order or instructions, what would you have done with the bricks?"—he said, "I should have taken them to the schools" (there are schools there in course of erection), "but in consequence of what Bennett said to me I brought them to the yard"—Bennett made no reply to that—Bennett said the carman was somewhat simple, and did not know what he was doing—I have made no note of the conversation.
Cross-examined. The defendant is a man of respectable character—he has never been charged before.
WILLIAM BARRY GREGAR . I am a member of the firm of Gregar and Sun, contractors—I am contracting for some Board Schools at East Ham—I employ Felthams to do the carting—I do not know Bennett's yard—on March 17th Bennett called at my office, and said to me, "I have called about this affair about the bricks, and I only did this to save demurrage for the trucks"—I said, "It could not have been to save demurrage, because there were some left still in the truck; you had no business to touch that truck, because our own hands had that in hand," and I asked him, "If it was only to save demurrage, why did you take them all round Catherine Road?"—he said, "Oh, I wanted to go myself that way to call and leave a message at the Wakefield Arms," or something to that effect—the Wakefield Arms is in Catherine Road—he said, "Well, cannot I pay for the bricks, and have done with it?"—I said it was not a matter of paying for the bricks, it was a matter of stopping this thing going on—at that time the bricks had been delivered at the works—I had applied to the Magistrates on the Monday for the summons—I said I could not interfere further with the case, and he must tell what he had got to say to the Magistrate.
Cross-examined. I was represented by a solicitor before the Magistrate the following Saturday, Mr. Attwater—I have a note of what occurred between myself and Bennett—I gave it to Mr. Attwater (produced.)—I cannot remember whether I said anything about the demurrage before the Magistrate, or about going round by the Wakefield Arms—I cannot remember what I was asked.
Re-examined. Looking at my note, I say Bennett mentioned the demurrage when he came 60 me—that was made when I gave instructions to my solicitor—instructions were taken down by him in my presence—I wrote my note on the Thursday or Friday evening previous to the Saturday when we went before the Magistrate—I believe it was the day after Bennett came—the Thursday.
The Prisoner's statement before the Magistrate: "I have nothing to say; I reserve my defence."
NOT GUILTY .
MR. PASSMORE Prosecuted, and MR. MUIR Defended.
From the opening statement it appeared that the prisoner's husband had
deserted her immediately upon marriage, and there was no evidence that the had seen him for six years. No evidence was offered.
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
MR. COHEN Prosecuted.
EDWARD BELL (Police Sergeant). On March 27th the prisoner caine into the West Ham Police Office, and said, "I wish to give myself up for bigamy"—I said, "Where do you live?"—he replied, "Harley Road," and that his name was Charles Jones—I had had notice that he was coming—this letter is addressed to the Superintendent of Police. (This was from the prisoner, stating that he had committed bigamy, but that it was forced on him.) I showed it to him, and said, "Is that true?"—he said, "Yes," and shortly afterwards I charged him, searched him, and found on him various papers, and among them this certificate of his second marriage, on March 8th, 1896, in which he describes himself as a widower—I obtained these two certificates from Somerset House, one of his marriage, as a bachelor, on December 26th, 1884, to Eliza Wynne, and the second describing him as a widower.
CHARLES MEATON (Police Inspector). I took the charge against the prisoner on March 8th—he was about to make a statement, and I said, "If you wish to make a statement, I must take it down"—I did so, and he signed it. (This stated that his wife was living in adultery with his brother-in-law.)
The Prisoner. My brother-in-law has told me, since my second marriage, that he is still living with my wife, and has had several children by her—I had not seen her for eight years and a-half, and did not know that she was living, till two or three months after my second marriage.
NOT GUILTY .
Before Mr. Justice Bruce.
MESSRS. C. MATTHEWS, H. AVORY and BIRON Prosecuted, and MR. LAWLESS Defended.
WILLIAM KELLER DAVIS . I am Registrar of the Goldsmiths' Institution—I live at St. Mary's Cottage, Hythe Green—thf prisoner was a student there, in the electric engineering department, and in the workshop section in the machine drawing class—he worked at metal work, filing and scraping, in connection with engines, from October, 1881, till the time of his arrest—I know his writing—this is one of the forms of the Institute filled up by him; I am sure of that; and this other form, I believe, to be filled up by him.
Cross-examined. There are between 8,000 and 9,000 students, frequently 5,000—he was attending machine drawing—he attended the practical classes—he has been in the workshop since October, 1891—the
engines are machines which are used in the workshop—this form is not in a very uncommon kind of writing; I think some of it is peculiar; it is written neatly—I know it is the prisoner's writing.
Re-examined. It was written and signed in my presence, and that constitutes my absolute certainty.
GEORGE FREDERICK JARVIS . I am employed under Government in the torpedo department at Deptford—the prisoner and I are old school-fellows—I have known him about twenty-five years—I commenced work there about 1885 or 1886, and from 1886 to the end of 1894, and afterwards—my friendship with the prisoner continued after 1894; he used to come to my house about once a fortnight, never more frequently—I was sometimes at home, and sometimes out—all his conversation was about explosives, and a week or a fortnight before the explosion he suggested a container of three-sixteenths of steel, nine inches long and four inches wide, and asked me what the effect would be of the explosion of it against a brick wall or a door; I said, "Put against a doorway, it would do considerable damage, especially if charged with gun-cotton"—I made a practical joke, and said, "If I were you I should make a container about sixteen inches long, and eight inches broad"—he said that that would be rather a large one—I said, "Well, for the purpose it would be just right"—he said, "What depth would you make it?"—I said, "About a couple of inches deep, and you may fill it full of sovereigns and throw it up at my front window if you like"—I have warned him on several occasions—I said, "If I were you, I should leave containers and gun-cotton to somebody else"—he said, "Do you think, in the event of my making an explosion of any kind and putting it in anyplace, I should get found out?"—I said, "I think it quite likely you would"—he argued the point some time as to how he could be found out—I said, "Clever people do get found out"—he said, "Well, they never found you out"—that was something connected with my adventures in the Army—it had no effect upon him—he went away laughing—he once asked me if I thought they would sell him four ounces of gunpowder at an oil shop—I said, "I have got two ounces; I should think a big chap like you ought to get four"—I asked him whether he was going to have a field-day in the back yard—he said, "Oh, no; I only wanted to know if I could get four ounces of gunpowder in an oil shop"—he said that he had bought as many as four ounces of gunpowder in an oil shop, and that he would have a flare-up some day—I have warned him, and said, "If I were you I should be careful not to get into the hands of the blue-coat fraternity" I—he said that if a policeman got hold of him he would soon upset him, and asked me whether a policeman ever interfered with me—I said, "Yes, on one occasion"—most of these conversations had been repeated from time to time—he asked me on two or three occasions to lend him a sovereign—he has mentioned cordite, but he never asked me to get it—he asked me whether there was any cordite in the dockyard at Woolwich—I said, "Yes; but I could not get any of that"—he came oftener to my house just before the explosion; he came everyday, and stopped about an hour—these papers are in his writing, and so is this other, to the best of my belief; but there is some disguise about it.
Cross-examined. I first saw Mr. Quinn, who asked me whether I had any of the prisoner's writing—he did not ask me if I had had any conversation
with the prisoner—he did not get much out of me; the time was so short—they asked me about a soldering iron, and to try and recollect about an interview a short time before the explosion—I know that the prisoner is fond of all kinds of engineering; he is, to the best of my belief, a teetotaler—he lives with his parents in the neighbourhood of New Cross; they are very respectable—I often see him about the streets there—he told me that he had bought gunpowder within twelve months—when I warned him, he said, "I am not going to do anything, but I want to know what effect the explosion would have"; and he said that he was going to have a flare-up; but I cannot quote dates—when I heard of the New Cross explosion, I thought there was something wrong—I did not ask him into the house, but I used to speak to him just the same, but not about the New Cross explosion—I did not know what to think of the man—I did not go to the police—he speaks a little French; I have forgotten all the French I knew—I am certain that the conversation about the container took place before the explosion.
THOMAS MORGAN . In August, 1894, I lived at 175, New Cross Road, and was post-master at 177, where there is a letter-box opening on to the street—I left No. 177 on August 14th, 1894, about seven o'clock, and went to 175, where I sleep, leaving the premises secure—I had just got into bed, and heard a very loud sound like a collision, or the banting of a gas meter—I opened my window, looked out, and saw people running towards the Post-office, calling out that it was on fire—as I opened the door of 175 I smelt a sort of gunpowder smell—I went to 177; there was a very great crowd—I found the cross plate of the letter-box very much bent outwards, but hanging on by a corner, the window broken, and the letters in the letter-box and the stationery in the shop window on fire—a railway inspector and a constable were engaged in extinguishing the fire—Sumner, Cox and Mr. Clegg appeared to be guarding the box from the public—the box would be cleared at midnight—it had been cleared at nine o'clock—my neighbours and I took possession of the contents of the letter-box—the damage done to the shop was estimated at £65, but that is not correct; I think the bill was £45; I can produce it—everything in the Post-office was knocked about all over the place—I think this was on a Tuesday, and on the next Monday I received a letter in this envelope (produced.) unpaid, and "O. H. M. S." outside—I had made some statements which got into the press—I was very much pressed, and I am afraid I yielded too much—one old lady and two young ones were living on the premises.
Cross-examined. The nearest lamp was right opposite—it is a very nice road.
MART BROWN . I live at 14, Hatcham Park Road—on August 14th, 1894, I lived with my husband over the Post-office, 177, New Cross Road, and heard an explosion at 10.30—I went to the window, and there was smoke and smell like fireworks—a constable was knocking at the door; my mother had gone out then—I saw something pulled out of the letter-box, and saw one of the boxes smouldering—a constable took something, which I rather think was alight, from the smouldering letters—I saw something partly smouldering and partly alight—to the best of my knowledge, it was four or five inches long, and rather thick, and covered with blue, brown, and white paper—the blue was attached to'the side to make it round
and it was tied; and there was a white paper with some writing on it—there was string hanging from it, and it seemed gummed—this (Produced.) is very like the white paper with writing on it.
Cross-examined. The Post-office was a complete wreck—it shook the house, and put the light out in the room I was in, and threw the pictures I from the wall; it was like a gun.
EDWARD PERCY MOPFORD . I am a printer, of Brockley—in August, 1894, between ten and 10.30, I was in New Cross Road, standing outside the Five Bells, which is thirty or thirty-five yards from the Post-office, and the prisoner passed me; he was going towards the Post-office—I waited outside a few minutes, and then Pike joined me with a milk-barrow; we went on, and as we got near the Post-office we saw a man running towards us, towards Hatcham Park Road, and directly afterwards I heard an explosion from the Post-office—the police were on the scene shortly after, and then the fire brigade—I stayed and saw the letter-box looked into, and a blue paper packet found with string hanging to it—I remained on the premises till early next morning, and then left—on February 26th, 1897, I was taken to Greenwich Police-court; eight or nine men were paraded in a room, and I picked out the prisoner as the man whom I had seen pass me; I am certain he is the man.
Cross-examined. There are about a dozen shops between the Five Bells and the Post-office; I have not paced the distance—Hatcham Park Road is not very wide, and the public-house stands at the corner—I was waiting outside the Five Bells between ten and eleven minutes—I had never seen the prisoner before, and I did not see him again till I was taken to Greenwich last month—he took about half a minute to walk by me, and thirty or forty other people passed me—I do not suppose I could identify any of them—I cannot recollect how the prisoner was dressed; he was about five feet six high—he had a small portion of beard, and a small moustache, like a man who had not shaved for a fortnight or three weeks; not a beard like he has now—there was a gas-lamp just behind me; part of his face was turned towards the shops—I told you at the Police-court that I could recognise the man again;. I think he was a different man to the prisoner—I looked round after him, and directly afterwards heard the explosion—we saw him come from the pillar-box—I am under the impression that it was a different man from the prisoner—he was wearing a bowler hat—I saw the man at the letter-box before he started to run past me—I was ten or fifteen yards off—it would be rather difficult to see what he was doing in the shadow—to get to King Edward Street, you have to go down Hatcham Park Road; I live in that neighbourhood—I cannot say for certain that the prisoner lives there—I saw Pike next day, and had a talk over it—he had to go on with his work, and I stopped—we talked about it a good deal for a couple of days—I had the package in my hand—I could not see that it was sticky.
Re-examined. As the man ran from the Post-office part of his face was towards me; I was not able to see his whole face—he had a slight growth of hair—I said at the Police-court, "I cannot say whether the prisoner was or was not the man who ran away from the Post-office."
By the COURT. I cannot say whether the prisoner is or is not the man who ran away from the Post-office.
FREDERICK PIKE . I am a milkman, of 132, New Cross Road—on the night of August 14th, 1894, I was out with a milk-barrow—Mopford was with me—we wheeled our barrows together towards the Post-office, and when we got about three doors from the Post-office I saw the prisoner putting something into the letter-box, and as we went towards him he saw us, and ran towards Hatcham Park Road—we went on nearer to the Post-office, and when we got next door I heard an explosion, which came from the letter-box—a lot of people came up—I went away on my duty, and left Morford behind—in February this year I went to Greenwich Police-station, and saw a number of men; I was told to pick out the man I had seen at the Post-office that night, and picked out the prisoner—I am sure he is the man.
Cross-examined. It was dark, and all the shops were shut—I was about three doors away when I saw the man at the letter-box—the explosion occurred before I got to the letter-box—the man saw me coming towards him, and he ran towards me full face—it is not correct to say that he looked towards the shops—I was on the kerb, and he was in the gutter beside me—I had never seen him before, to my knowledge, and never saw him again for three years—he wore a bowler hat, a black coat and a beard of small growth; not the length that the prisoner has now—there were other men with beards in the row at Greenwich—I do not remember your asking me about his hat, at the Police-court—I remember a little more now—I have not seen a great deal of Mopford since—I told Inspector Drew, a day or two afterwards, what I saw of it—I knew the prisoner at Greenwich; I could not take my eyes off him—I said, "None of the men had beards"—I think he was the only man with a beard—I never stopped to see where the man went—Hatcham Park Road is about sixty yards down from the letter-box—we were only dawdling along—I did not see a man put his foot on the pavement immediately after the explosion, and knocked down by it; nor did he jump up and run down Hatcham Park Road; only one man ran—I was on the nearest side of the street to the Post-office—it is a very wide street.
Re-examined. I was on the Post-office side, on the kerb—Mopford was in the gutter, pushing the barrow—I was nearer to the man who ran away—the ordinary street lamps were alight; there was a gas lamp immediately opposite the Post-office, but not so far up as the Post-office on the side I was on—I was three or four yards from the Post-office when the man passed; I saw his face, and the hair on it was slight; his beard was not so long as it is now—I knew him as soon as I saw him at the station.
JOHN DALY . I am a billiard marker, of 23, Cambridge Place, Paddington—on August 14th, 1894, I was employed in the billiard-room of the Five Bells public-house, New Cross Road—about 10.30 I crossed the road towards the Post-office—as I stepped on to the kerb of the pavement on the Post-office side, having crossed the road, and about four or five yards from the letter-box, I was struck and knocked down—I heard an explosion like a gun going off—I was stunned for the moment—I was bruised about the face—I went home as quickly as I could—I have not been the same since—my eyes got burnt, and I had to go to Moorfields Hospital—I was laid up, and had to attend the hospital till twelve months since.
Cross-examined. The Five Bells is about fifty yards from the Post-office—I went diagonally across the road—I was about a minute's walk from the White Hart, and in front of the Post-office—I saw a man run away—I jumped up, looked right and left, and walked quickly home—I do not think I was in a state to run—I did not see two boys with a barrow—I had a bowler hat on—my eyes were nearly closed; they were so painful I had to shut them.
Re-examined. I suppose I did not lie there a second—I was frightened for the moment—I made my way along the Hatcham Park Road.
BENJAMIN COX (252 F). On March 14th, 1894, I was on duty on the New Cross fixed point—about 10.15 p.m. I heard a report from the direction of the Five Bells—I ran to the spot, and found the front of the shop No. 177 alight, and the brass plate of the letter-box blown out, and the letters strewn across the pavement—I heard shouting in the house, and I asked if anyone was hurt—Miss Brown said no one was injured—I went for the fire engine—I returned to the Post-office—Mr. Sumner, the railway inspector, assisted me to put the fire out, which was still smouldering in the box—I saw him pull from the box a brown paper cartridge attached to some string, a hollow packet—he was beating his hand round the box and he pulled the packet out by the string—I advised him, and he put them in a pail of water.
Cross-examined. I saw the packet; it was oily and greasy—brown and blue paper was on the outside, with a kind of greasy, oily parchment inside—I was about 100 yards off when I heard the explosion—I have not paced it, but by the eye I should say it is fifty to seventy yards from the Five Bells to the Post-office.
WILLIAM SUMNER . I am a railway inspector on the London, Brighton, and South Coast Railway—I was close to the Post-office, when the explosion occurred on August 14th—I was on the other side—I saw Daly reel over—he jumped up, and ran towards the Five Bells—L ran up to the letter-box—it was blazing up—Cox came up, and laskedtim to help pull the box open, so that I could get my hand in—he pulled the wood-work away; I put my hand in, and pulled some smouldering letters out—I felt some string, and on pulling it out I found it was tied in a clumsy manner to a package, about four inches by three, in white paper, with some blue paper below, and some canvas below that—it was a peculiar shape, and twine was twisted a number of times round the package—I took it through the house to the back, and put it in a pail of water—on the white paper was writing like this produced.
Cross-examined. This is not now in the same state as it was—I did not see a man running down the Hatcham Park Road, nor two boys with a barrow.
By the COURT. I was not more than ten yards from the explosion—Daly ran away—he came back, and I said, "You are the man I saw running away after the explosion"—he said, "Yes, I was."
MICHAEL WALSH (Constable). For some years I have attended meetings convened at Deptford Broadway, on Sunday evenings, by persons calling themselves Anarchists—I have seen the prisoner at them scores of times—on January 24th, 1897, at one of those meetings, in a discussion about the Barcelona Anarchists, the prisoner intervened—he said foreign Anarchists, as a rule, used nitro-glycerine in manufacturing bombs, especially for blowing up safes, and they throw rugs and carpets over the safes to deaden the sound—subsequently he added that was much easier than a bomb.
Cross-examined. There are plenty of Anarchists all over London, some foreigners—I made notes as a rule—I reported the conversation the next morning at Scotland Yard—the Scotland Yard authorities conduct this prosecution—I was not called at any of the six hearings at the Police-court—I have seen nitro-glycerine—it is a fluid; I cannot say if it is sticky and oily.
JOHN WALSH (Police Inspector). On February 6th I went with Inspector Melville and other officers to the prisoner's father's house, where the prisoner resided, at 136, Edward Street, West Deptford—I knocked, and the prisoner opened the door—I told him we were police officers, and I had a warrant, and should apprehend him for causing the explosion at 177, New Cross Road on August 14th, 1894—he rushed to the kitchen, but we secured him—he struggled violently—I repeated the charge to him—he said, "Yes, I admit I was there at the time on that night, but I can prove that I had nothing to do with it"—he said, "My God! had I known you were coming I would have had a chisel and gouged your eyes out"—on the door of the scullery in the kitchen a coat was hanging, which heendea voured to get at, and to prevent us getting near—seeing he was so anxious to get at the coat I went to it—he said, "You will find something there and if I had it you would never have arrested me"—I found this shoemaker's knife, nearly new, and recently sharpened—this letter, marked D, was lying on the kitchen table, with writing materials—the ink was wet on it—when I could take it up he said, "You need not trouble; I have been writing; that is my writing"—after he had been taken to the station I searched the room the prisoner occupied upstairs—in a box I found these two canisters, containing gunpowder, some solder, several pieces of metal and certain mechanical appliances, and some touch-paper in a canister; another canister containing a white substance, and another with fragments of metal in it; also these pieces of wire, blue paper and string, and a number of books—in the scullery I found a basket, two pieces of canister, some pieces of block tin, several pieces of wire, this wooden block, a ladle and two spoons, a bottle containing spirits of salt, and a bar of solder—in the kitchen drawer was this soldering iron, several books, manuscript and memoranda, Czerney's Exercise Books, marked 1 and 2, papers with geometrical designs on them, marked E1, E2 and E3, and this paper marked F1—the manuscript book marked F6 I found in the front room, after he had directed me—at the station I showed him everything I had found—he said, "You need not trouble about them; they are all mine," and that he used the tin for mending pots and kettles—when he saw the books he said, "You have not got all the books now"—I said, "We could not find any more"—he said, "If you go into my room, you will find an exercise-book belonging to me; there are many receipts which
will be useful to me, but you must let me have it back"—his room, the back room, we forced open—this book was in the front parlour downstairs—I followed his instructions, and found F6, which contains receipts for manufacturing gun-cotton, etc.
Cross-examined. There are also receipts for making watch bells, reservoirs, memoranda as to mean distances, equation of time, and other things; about thirty things—he said, "You are not so clever; you have not found everything now"—I have made inquiries about the prisoner for about three years; after the explosion at Lewisham—I have said he has been under my observation since 1895—he has been casually under my observation—I knew where to find him—he has been living in Edward Street, with highly respectable people, since he was a boy—he has never done anything but mischief, as far as I know—the tin found is such as is used in ox-tongue and salmon tins.
Re-examined. There was every indication of his carrying on a trade, such as mending pots and kettles; a vice was fitted up in the scullery, and all the materials used for making those articles.
EDWARD FLOOD (Detective Sergeant). I was with Walsh at the prisoner's arrest, and had charge of him in the kitchen while his room was being searched—he said, "They won't find much upstairs, except some gunpowder"—I took him to the station in a cab with another officer—he said, going along, "There have been some other explosions, but I know nothing about them; I only know about the New Cross one; I was coming from Kent Road with Mrs. White, and she went oneway and I went the other, and then I saw the explosion: If I knew you were going to lay hands on me I would dig the knife through you:" there has been another explosion at East Greenwich, but I only know that through the press; here is the cutting," handing me this report (produced.) about the finding of a bomb at East Greenwich—there is no date on it, but I think it was in January—he said", "I would not have written that letter you found if I knew you were coming"—nothing had taken place to cause him to produce the newspaper cutting—he did not put it back in his pocket; he said I might keep it—he saw this bomb (Produced.) on a table at the Police-station, and said, "I know all about that; I could not have told you so."
Cross-examined. The cutting does contain a description of this bomb—it was not shown to him, but Mr. Melville held up a ratchet-brace which was lying on the table—I have been twenty years in the force—my statement was that the bomb was on the table; I ought to have said that Mr. Melville held up the ratchet-brace; it was a mistake my saying "bomb"—he saw the bomb first, and the ratchet-brace afterwards.
Re-examined. It is a small room, with a large table, so that the things were close to the prisoner—this is the thing I refer to as a ratchet-brace.
MAURICE FITZGERALD (Detective Officer). I was in the cab with the prisoner—some reference was made to a bomb recently found at Greenwich, and the prisoner handed a newspaper cutting to Sergeant Flood, which the sergeant returned—I was in charge of him at the station until he was charged, and when he was charged he said, "A tram-car went over the box, and it went off. I am a scholar; I have a knowledge of chemicals, but not sufficient to cause this damage"—that
was in reference to New Cross—"The only thing I am afraid of in the business is the writing on that Greenwich affair, they are sure to say it is mine; it would be absurd to say so; my friends would scout the idea of it. It was a man named Atkinson who put me away, and you know him"—when the officers Melville and Flood were there, there was a conversation about some property that Was found at that address—a number of things were on the table—the prisoner said something about the racket-brace—he was talking the whole time, and made irrelevant comments.
Cross-examined. I was in Court while Flood gave his evidence—Melville called attention to the bomb on the table—I heard Flood give his evidence at Greenwich—I have not told him I thought he was mistaken.
FREDERICK STEVENS (Policeman). I was at the prisoner's house when he was told he would be charged with causing the explosion at the New Cross Post-office—while he was in my charge temporarily he volunteered the statement, "I was at New Cross on the night of the explosion at the time, with a friend, but I had nothing at all to do with it."
Cross-examined. I had the prisoner under my observation for some time—I do not think he is eccentric—I have not made inquiries about him—I have not heard he was in Greenwich Infirmary nine months—he always seemed to speak rationally enough—he was excited; so would anyone be when arrested.
ROBERT EBBAGE (Detective Sergeant, R.) I was at Greenwich Police-station when the prisoner was brought in—just before he was charged he said,"I wish you had let me know two or three days before; I should have had the doors bolted; you would have found me on the roof, and would soon be glad to get out of the street. I suppose you would like half a pint of beer?"—I replied, "No"—he said, "That is half the cause of the trouble in this country, the publicans ought to be bombed as well as the Queen"—the next day, at the back of the Court, he said, "What do you think I will get? The only thing I, am afraid of is that writing they have got on that thing, if I thought that I should get five years I would bash my head up against the wall, and go mad; I would sooner do five years at Broadmoor than at Portland."
Cross-examined. After all these extraordinary statements I did not think him eccentric.
JOHN WALSH (Further Cross-examined). I said at the Police-court, "He is of a very excitable disposition, and is certainly strange in his manner. His language is abominable, whenever you speak to him."
Re-examined. I mean his language was obscene when arrested, and up to the time he lefo the Police-court; whenever he had the opportunity of using such language to me, or in speaking of the police, it was always tainted with obscenity.
JOSELYN HUME THOMSON . I am Inspector of Explosives at the Home Office—I went with the officers to the prisoner's house when he was arrested—I was present when the articles produced were found—these are implements and materials with which tin and lead canisters can be formed; fluid solder, a soldering iron, and so on, and saltpetre and perhaps an ounce of gunpowder at the outside—I have compared the blue paper found at his house with the remains of the blue paper of the explosion—it is the same quality and colour, only the explosion paper
has been in water and is slightly discoloured—the paper would not be sticky from nitre-glycerine if it had all exploded—I should not expect to find it sticky after an explosion, because nitro-glycerme would escape; there was none in this case—I was shown the exploded package about three days after the explosion—it was in a very strained condition; it was hard to say what the exact shape had been—it consisted of a wrapping with string in white paper, with writing on it—the exhibits "A" and "B" are the remains; and there was a great quantity of this blue paper and canvas and other paper, and a piece of board that is not forthcoming. (The writings were: on "A" "In Memorium, Ravachol Vaillant Henri Bourdin Santo;" on "B" was "La reine, vive l'Anarchie."
Cross-examined. There was no nitro-glycerine, which is insoluble in water—I know of no explosive that is oily after the explosion—I cannot account for its being oily and sticky—it might leave traces that were oily and sticky if all the nitro-glycerine were not exploded—in that case the nitro-glycerine would have been found—the packet was hollow when I got it; portions were blown off—if properly exploded, it would not have been blown to fragments if powder was used, and it was used, as a fact—if the packet had contained nitro-glycerine the explosion would have been very sudden, and there would have been very little of the package left—vaseline is used in cordite—cordite being present would not explain the stickiness—the stickiness might have been paste—the blue paper is similar to what grocers use, a very ordinary paper; I have used it myself—the quantity of saltpetre used was quite small—the things found are perfectly consistent with an innocent purpose.
Re-examined. Everything that will make bombs, is consistent with an innocent purpose generally—this is the piece of canvas; it is very strong—a good deal of paste was used in the construction of the bomb, and that would account for the stickiness—the canvas and paper were pasted together, and the writing was pasted on the outside of the blue paper—three or four ounces of gunpowder would cause such an explosion, and I have seen a similar result upon another shop in New Cross, in which three or four ounces were used—a metal container would make some difference, or if the explosives were contained in a box—I have seen the receipts in the exercise-books.
GEORGE SMITH INGLIS . I am an expert in handwriting, of 8, Red Lion Square, Holborn—I have had great experience in the study of handwriting, and the comparison of disputed writing—I have had submitted to me the admitted and disputed documents, marked "A," "B," and "C," in this case—I have examined them, and have made the report produced—they are written by the same hand—one or two striking resemblances are that the looped letters, In and l, agree in being very tall—the capitals, I and R, agree as "In Memorium," on the bomb, and "Richards," on the, exercise-book—I can give further reasons for my conclusions.
Cross-examined. I have not counted my reasons—what is a disguised hand?—I write two or three, and this gentleman writes several—I referred to his writing at the Police-court as a school-boy style—his writing on the title-page of the book is not near so round as that on the bomb—I have made a copy of his writing at the top of my report—I have not not made the n and m so perfect as they are on the bomb—I was asked for another copy, and I made it from my copy—that is why this is
less like that on the bomb—"ha reine" is bad French; so I came to the conclusion it was l, "la reine." Q. Do you still believe Mr. Parnell wrote that letter?A. I am not on the Parnell case, and will not answer.
GEORGE FREDERICK JARVIS (Re-examined). I have known the defendant ever since he was at school—I regarded him as being eccentric in his manner—I have heard he was confined as a lunatic for nine months in 1883-84 in the Greenwich Infirmary, but I was not in this country in 1883.
Re-examined. I considered his conversation and actions eccentric—he came into my place one evening, drenched through with rain, during a very heavy thunderstorm, and said he had been on the bridge, and asked me to come on the bridge and look at it—I said we could get a better view out of the front room—I thought that eccentric—he did not mind the rain, but I did—also, when he was about twelve or fourteen, he used to fancy he was a locomotive, and trundle along the kerb-stone, going "Puff, puff, puff"—I cannot say I have seen other boys do that, only very little children.
GUILTY .— Seven Years' Penal Servitude.
There were two other indictments against the prisoner or similar offences,
MR. ELLIOT Prosecuted, and MR. ABINGER Defended.
GEORGINA MURRAY . I live at 129, Winston Road, Stoke Newington—I am single, and let lodgings—on November 4th I let the defendant a furnished room for himself and his brother, who came with him afterwards—after some weeks he said his brother would change his name to Arthur Linton, because they were going to change firms for business purposes, and that letters and packages would come in that name—the second week in January Linton went away—the prisoner remained—Linton came back on January 31st, and they both stayed till February 3rd, when they both went away without leaving an address.
Cross-examined. Linton left on January 8th—he called on January 9th, and took away some goods in a cab—the defendant said on January 23rd that he wished to give up his room.
WILLIAM HENRY DICKEN . I am a jeweller and fancy goods dealer, at 43, Dartmouth Road, Forest Hill, under the style of Hibbins and Co.—shortly after Christmas I put an advertisement in the Daily Telegraph, in consequence of which I received a letter signed "Arthur Linton, of 129, Winston Road, Stoke Newington"—by arrangement, Linton called, and I engaged him as traveller on commission and salary—he was to commence work the following Friday—on the Friday he called, took his stock, and went to Bristol the following morning—I subsequently heard from him from Bristol—I afterwards received a letter from the defendant, and, in consequence, after an interview on January 12th, when he proved he had been working for the same kind of firms, and on his producing receipts for stock, I gave him stock, and arranged that he should commence work forthwith in the name, of William Francis Hall, he giving an address in the Ball's Pond Road—I mentioned to him that I had sent a man to Bristol—he did not appear to know anything about it—I should be almost sure to mention his name—I corresponded with Linton from January 12th to 28th regularly, and received regular
orders from him by post, in consequence of which I sent him goods and money to the gross value of £175—ini consequence of something I heard, I went to Bristol—I did not see Linton—I made an inspection of the orders, and found Linton had collected goods already supplied—in consequence of that I called upon the police—out of the thirty-one orders fifteen were fictitious, and, with the exception of three, the machines had been taken away from the customers by Linton—I came backto London, and conversed with the defendant on February 6th—I told him all about it—he said he knew the man—I told him I had found out they had lodged together as brothers—he said, "Oh, that is nothing; it is an easy matter to say that; in fact, his name is not Linton," and he mentioned a name which I forget—he denied that they were brothers or that he knew him at first, but he afterwards admitted that he knew him—in consequence of some orders nob being satisfactory, and the experience I had had that week, and the knowledge that he had been in connection with Linton, I refused to pay him until I had inspected the orders—I told him, if he thought I was unfair I would lend him half-a-sovereign on account, and he could go with my inspector and visit the customers, and the inspector would have the money to pay the balance; and if he could prove he had no connection with Linton, I should be prepared to reinstate him—he threatened to expose me, and called me a swindler, and so on—he said, "Well, if you don't pay me my money, then I shall do the same as Linton has done"—I sent for a policeman, and gave him in charge—I had sent the commission to Bristol in return for the orders—I had not received any money from Bristol—I charged him with obtaining money by false pretences, and refusing to give up his stock—he was taken to the station—the officer there advised me that, under the circumstances, it was better I did not charge him, and he was let go—he waited for me outside the station, and confessed that the orders he brought in were not executed, and offered, if I sent to his place and gave him back the orders, to give the goods back—I sent to his place in Millard Road, and my employes-brought goods back which were supposed to belong to customers—I asked him to sign a document to that effect—I reported Linton's case to the police, and they advised me to go before a Magistrate, and apply for a warrant—I applied for a warrant, and the Magistrate told me to give Linton into custody, but we could not find him—in consequence of inquiries made by Detective Harris, we found that the goods which had been sent to Linton, at Bristol, had been seen at Millard Road, where the prisoner had lodged—the police applied at Greenwich Police-court for a warrant against Linton and Hall—Hall was arrested at one the next morning—I had sent to Bristol, amongst other things, a gold watch, of the value of about £3 15s. or four guineas.
Cross-examined. My firm is called Hibbins and Co.—my wife's maiden name was Hibbins—the defendant gave me the reference of Hart and Co., of Chiswick, Pritchard, Cross, Barnett, and various others—the inspector did not refuse to take the charge; he advised me to apply for a warrant, which would be a protection to me—he did not take the charge—when I came out of the Police-station the defendant said, "You are a lucky fellow," and as we walked together he said, "I have only done what is right," and so on; "I have had enough of this, but if I can help you in
the matter of Linton I will, and if you will send over to ray place for the orders not delivered, you can have the goods that ought to have been delivered"—this was on a Saturday—he did not tell me the goods ought to have been delivered on the Saturday by seven o'clock—he brought in orders, but did not tell me who bought, and I do not pay the commission till the order is executed—I did not write my deposition—I am not responsible—I mean every word is not given—I do not think it was read at the finish of the case—I signed my name outside the Court.
Re-examined. The defendant gave me the printed stationery of firms—Harts told me the defendant gave up their stock, but after he had left, they found he had lifted sewing machines—Barnett said the defendant was in their employ four or five months, which included the time he was in my service, and I asked whether that was his agreement—I went to Frost's, at Bristol, who gave him a very inferior character.
By MR. ABINGER. Mr. Barnett said a lot of the defendant's orders were anything but good—he did not give him the character of what I should call an honest man—he did not say he had employed him five or six years—he said he would take him back—he is not still working for him—while working for Harts', and while in my employment, he was working for Mr. Barnett.
By the JURY. The defendant's salary was 5s. a week, and commission of twenty percent, and seventeen and a-half percent, on orders—we paid him during three weeks £20, but not'travelling expenses, which is not the custom of the trade—he was limited to London.
CAROLINE ELIZA FAIRWEATHER . I live at 5, Millard Road, Stoke Newington—on January 27th the defendant engaged a room from February 3rd—it was not disengaged when he called first—before February 3rd he called, and said he had some boxes—he wanted a box-room, but I had not one, and I arranged to put his boxes somewhere till the room was empty—he brought six boxes—he told me they contained sewing machines, albums, and things—I placed them in the cellar—on February 3rd he came with his brother, whom he introduced as Linton—they came as friends; but on the day they were to have come Hall told me that, on account of different arrangements with the firm, Linton was not able to come with him—he came, but he went away—I saw Linton only once or twice—he never stayed—Hall came on February 3rd, and remained till the 12th, when he was arrested—he only took one machine away.
Cross-examined. I suggested the goods being put in the cellar; it runs under the two parlours, and is where we place coal and wood, and my husband has a carpenter's bench there—when the tenant left, the boxes were placed in the prisoner's room—there was no attempt to conceal them—my husband put them in the cellar—I remember the prisoner taking one machine away—he did not tell me anything about it.
WILLIAM WELLS . I am clerk in charge of the booking-office at Finchley Road Station, North-Western Railway—on February 10th a wooden case was deposited in the cloak-room—this is the ticket—to the best of my belief the prisoner is the man who waited outside, while another man deposited the box—I afterwards handed the case to Detective Harris.
GEORGE THOMPSON . I am an assistant to Messrs. Muller, pawnbrokers, 50, Stoke Newington Road—I produce a gold watch pledged, on January 30th, for 18s. by a woman in the name of Ann Smith, of 20, Cooper Road, Stoke Newington—this is the duplicate, which we keep.
JOHN HIBBINS . I am a clerk to Mr. Dicken, the prosecutor—I live at 43, Dartmouth Road, Forest Hill—part of my duty is to forward goods to travellers—on January 12th I sent our traveller, Arthur Linton, at Bristol, two sewing machines, value £8 12s., and three albums, value five guineas, on January 16th two sewing machines, value £8 and £4, and on January 19th two more, value £9 18s.—since the arrest I have identified those goods at the Police-station; also the gold watch, pledged at Mutter's, as the watch, worth four guineas, that I sent to Linton—the prisoner worked on a commission of seventeen and a-half percent, for gold watches, and twenty per cent, for all other goods—he travelled in London—he also received 5s. a week,
Cross-examined. I do not see why Dicken should not trade under the name of Hibbins or any other—I am his brother-in-law—I receive a salary, and have an interest as well.
ARTHUR HARRIS (Detective, P). I arrested the prisoner at 5, Millard Road, Stoke Newington, at 1.15 a.m., on February 12th—I read the warrant to him—he made no reply—having taken him to the station, I went back lo his lodgings at six a.m.—I found five sewing machines, in cases; two in the cellar, covered with shavings, two in the bedroom, covered with cloth, one in a case in a box in a cupboard, and two albums on the top of two machines, covered over—Hibbins has identified the articles—I conveyed the prisoner to Sydenham Police-station—he was charged, and went before a Magistrate at Greenwich Police-court, and was remanded—on the 13th I went to his lodgings again—on searching a box I found thirty-five pawn-tickets, including the one referred to by Thompson—I met the prisoner while he was out Oh bail—I had a conversation with him in Dalston Lane—he said he was very sorry for Dicken; he would help him all he could—I said, "Whatever you like to say, I will make use of it in evidence, and tell the Magistrate; there is one machine I have not found yet"—he said, "You will find that at Finchley Road"—I said, "Can you tell me the name it is left in?"—he said, "No, I cannot"—I said, "Did you leave it?—he said, "No, Linton left it"—I said, "You do not know the name?"—he said, "No, I do not"—I had found on him a ticket in the name of Palmer; so, after I had searched his lodgings, I went to Finchley Road, where I saw the machine the clerk Hibbins identified as the one he had sent to Bristol.
Cross-examined. The landlady told me her husband had put the goods in the cellar—they were apparently concealed under a bench—you could see they were boxes, but would not think there were sewing machines in them.
Re-examined. Before the prisoner said anything I had the cloak-room ticket, and could have gone to Finchley Road for the box.
The Prisoner, in his statement before the Magistrate, said that he was innocent of fraud or conspiracy. He thought his brother, having been in trouble, liad taken the name of Linton to get respectable employment; that he knew his brother had obtained employment from the prosecutor, but had no idea he was not serving him honestly; that he took charge of the goods for his brother as an act of kindness, and they were not concealed; that his brother denied that the goods were obtained from Hibbins and Co., and he had no idea they tvere obtained improperly. He denied telling the prosecutor he would serve him in the same manner as Linton had done; that
he was angry because the prosecutor would not pay his commission, and said he would keep the goods till he did; that on February 8th, when dismissed, he went back to his former employer, Mr. Barnett, where he remained till arrested; and that he had not seen his brother since February 10th, and had no idea where he was. (The prisoner received a good character.)
NOT GUILTY .
Before Mr. Common Serjeant.
MR. BIRON Prosecuted.
ARTHUR PERCY GEADDELL . I have been chief clerk and cashier to White and Sons for twelve years—on September 8th, 1896, the prisoner was engaged as their traveller, to solicit orders and take money and deliver goods—a cart was sent out every morning with goods, which were entered in a book, and the prisoner had to sell what he could, and bring the rest back—if he sold for cash he would give the cash to the firm—he had a limited authority to give credit to such persons as we were satisfied with—he brings back a receipt like this, signed by the customer, and a duplicate is left with the customer—they are both torn from the book—the body of both these documents, "A" and "B," is in the prisoner's writing—this (Produced) is the agreement signed by him—in January and February an account was sent to the Peckham Liberal Club, and, in consequence of what the prisoner told us, he was suspended—a receipt was given to me, purporting to be signed "M. Bedford"—the matter was put into the hands of the police.
GEORGE WILLIAM LINDFORD . I am clerk to White and Sons, Limited—the travellers account to me on returning from their errands—on January 23rd the prisoner brought me his book (Produced)—this receipt, purporting to be signed by "A. May," appears in it—the book which this is torn from is kept in the office—he has signed for 13s. for soda-water—the whole amount that day is £2 17s.; deducting the 13s., that would leave him £2 4s. to pay in cash—on January 6th he handed me ticket B, purporting to show that goods had been left with Mrs. Bedford amounting to 7s. 11d.—I credited him, and debited the customer—the amount to be paid in that day was £1 6s. 8d.—forty-eight to fifty carts are sent out every day; but there are so many I cannot tell—I daresay there are 300 or 400.
Cross-examined by the Prisoner. I told the police that I took the duty with another clerk.
CHARLES GEORGE HAILSTONE . I am a clerk in the employ of White and Sons—it was my duty to receive cash from the prisoner on January 23rd, and he paid me £2 4s., and on February 6th £1 3s. 8d.—it should have been £1 6s. 8d., but he paid me the three shillings the next week.
January 23rd—the prisoner did not leave any goods at the club on that date—this signature, "A. May," is not my writing—I keep a duplicate, and I have no duplicate for January 23rd—the account is sent to the secretary.
Cross-examined. I only had goods once—when I only received part on the same day I signed on that occasion—I never gave you authority to sign my name—I have not received any of these goods.
FLORENCE WELLER . I am employed by William Bedford, a confectioner, of Lordship Lane, Dulwich; he has goods from Messrs. White and Sons—on February 6th the prisoner came in and said, "Any minerals?"—I said, "No," and left the shop—Mrs. Bedford was only in the shop three times that day—I know nothing about this receipt; I did not sign it; if I had it would have been in my own name, and not Mrs. Bedford's.
MARGARET BEDFORD . I live at 33, Lordship Lane, and manage a shop for Mr. Cooker—the prisoner did not deliver any goods there on Saturday—this receipt for 7s. 11d. is not my writing; I know nothing about it.
THOMAS HENRY GUERRIN . I am a professional expert in handwriting—I have attended for the Treasury, and other public bodies—I consider that this signature of December 8th is in the prisoner's writing, and also the bodies of these two receipts, and I believe these signatures of "A. May" and "M. Bedford" are both written by the same person—I have compared them with the admitted writing in the agreement of September 18th, and I am prepared with my reasons if necessary.
ARTHUR NEAL (Police Sergeant, L). On March 8th, in consequence of information, I arrested the prisoner at Bolan Road, Camberwell, a little shop fitted up as a sweetstuff shop, but not stocked inside—I said, "I am instructed to apprehend you for forging and uttering receipts with intent to defraud your employers, and showed him the receipts, and said, "Mrs. May and Mrs. Bedford"—he said, "Whatever they do, I shall say I did not do; I shall fight them on principle, for the sake of my friends and my good character."
Cross-examined. I wrote that down shortly afterwards—the first statement was made between the time when we detained him and the time when he went before the Magistrate.
Prisoner's Defence: I did not have a book in my possession the whole day, and sometimes it is a very wet day, and the customers have not got a. shop, and you have to go into a hall and sign with a pencil, and you can hardly recognise your own writing.
GUILTY .— Judgment Respited.
324. JOHN AUGUSTUS RAWLINSON, Feloniously marrying Amelia Bruce, his wife being alive.— Judgment Respited, for affidavits to be furnished, as to molestation by the prisoner, since the Mule Nisi was obtained.
Before Robert Malcolm Kerr, Esq.
MR. PARTRIDGE Prosecuted.
The JURY, being unable to agree, were discharged without giving any verdict, and the case was then given in charge to another JURY.
SARAH JANE YOUNG . I am nine years old, and live with my parents at 163, Abbey Street—on March 20th I was in Parker's Row, and the prisoner asked me to go the Prince of Teck for some tobacco, and gave me a coin—I gave it to Edward Atkins, and we both went into the street; the prisoner was there, standing in the middle of the road; I pointed him out to Atkins.
EDWARD ATKINS . I am barman at the Prince of Teck—on the evening of March 20th the last witness came in and tendered me a shilling; I broke it in the till; she spoke to me, and we both went into the street—she pointed out the prisoner standing in the middle of the road; I went to him, and asked him why he sent the girl in, and then sent for a constable.
Cross-examined by the Prisoner. I saw your side face; you were looking towards the church—you denied sending the girl in—a bicycle came along, and I said, "Mind you don't get run over."
Prisoner's Defence: The little girl has made a mistake. I am not the I man.
GUILTY .— Twelve Months' Hard Labour.
The following Prisoners, upon when the sentence of the Court was respited at the time of Trial, have since been sentenced as under:—
Page Vol. cxxv. sentence.